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HomeMy WebLinkAboutOrdinance - 312-1925 - Approving Engineer's Rolls Or Statements For Improvements On Portions Of Streets - 08/07/1925I ... L "=====-===.....,IO==o=-=-====9r-... -·,t==----lt-=- ORDINANCE N0.312 LUBBOCK FORM NO. 7. ORDINANCE APPROVING ENGINEER 1 S ROLLS OR STATEMENTS FOR IMPROVEMENTS ON THE HEREINBELOW MENTIONED PORTIONS OF STREETS AND AVENUES DETERMINING TO ASSESS A PORTION OF THE COST OF IMPROVEMENTS AGAINST ABUTTING PROPERTY AND THE OWN- ERS THEREOF, ORDERING HEARING FIXING TIME AND PLACE THEREFOR, AND DIRECTING NOTICE THEREOF, AND DECLARING AN EMERGENCY. WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets and avenues, among others, be improved by raising grading and filling same, paving, and constructing curbs and gutters, all with appurtenances and accessories, and otherwise improving same, and plans and specifications for such improvements were adopted and approved, and bids advertised for and received, and contract therefor entered into with Panhandle Construction Company, and pursuant to proceedings of the City, the City Engineers have prepared and filed with the City Commission rolls or statements for the improvements on the hereinbelow mentioned portions of streets and avenues and showing thereon descriptions of the various parcels of abutting property, with names of owners, as far as known, with the amount proposed to be assessed against each such parcel of property for ~provements on the unit upon which the particular property abuts, and showing other matters and things the said portions of streets and avenues in connection with which such rolls or statements have been filed being as follows; to-wit: 13th Street, from its intersection with the West porperty line of Avenue Q, to its intersection with the West property line of Avenue T, known and desig- nated as District or Unit No. 34, the type of pavement to be 3 inch Vertical Fibre Brick on Natural foundation. Avenue T, from its intersection with the South property line of Broadway Street to its intersection with the North property line of 13th Street, known and designated as Unit No. 35, the type of pavement to be 3 inch Vertical Fibre Brick on Natural foundation. 9th St., from its intersection with the East property line of Avenue M, to its intersection with the West property line of Avenue K, known and designat- ed as District or Unit No. 37, the type of pavement to be 3 inch Vertical Fibre Brick on natural foundation. Avenue N, from its intersection with the South property line of Broadway Street to its intersection with the North property line of 13th Street, known and designated as Unit No. 38, the type of pavement to be 3 inch Vertical Fibre Brick on natural foundation; and, WHEREAS, rolls or statements for such portions of streets and avenues or units have been examined and corrected, wherever error found; and, WHEREAS, the present condition of said portions of streets and places endang- ers public health and safety and requires that improvement thereof be pro- ceeded with while the weather will permit, and requires that this ordinance be passed as an emergency measure since the improvement will be delayed pend- ing the taking effect of this ordinance, and such facts constitute and create an emergency; I Ord. "'I 312 -Page 2. THEREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS: That the said rolls or statements be, and the same are hereby adopted and approved the descriptions of the various parcels of abutting property, the names of the owners of the respective parcels, as far as known, with the amounts to be assessed against each , and other matters and things, as shown by such rolls or statements being as follows, to-wit: (See printed sheet -Page 413 -Min. Book I 3, City of Lubbock Records. II. The City Commission does hereby duly and finally determine to assess a portion of the cost of the improvements in each unit against the parcels of property abutting thereon and against the owners of such property. The amount and proportion of the cost of the improvements in each such unit which it is proposed to assess against the property abutting thereon and the owners thereof is all of the cost of installing curbs and three-fourths of the remaining cost of the improvements in each unit, the amounts so proposed to be assessed being as shown in such rolls or statement; provided that no assessment shall in any case be levied against any parcel of property or the owner thereof, until after the notice and hearing herein provided for, nor shall any assessment be levied in any case against any parcel of property or the owner thereof in excess of the special benefits to such property in the enhanced value thereof by means of the improvements for which assessments are levied, as determined at such hearing. III. That a hearing shall be given to the owners of property abutting upon said portions of streets, their agents and attorneys and to all others in anywise interested in said property, said improvements, the contract therefor, or the costs and benefits thereof, or the manner in which such cost shall be paid and apportioned, or who may be in anywise concerned or interested in said improvements, contracts, assessments, proceedings, or in any matter or thing connected therewith or incident thereto, which said hearing shall be held by and before the City Commission of the City of Lubbock on the ______ _ day of July, 1925, at o'clock ____ M., in the in the City of Lubbock, Texas, and at such hearing all owners of property abutting upon the said portions of streets, their agents and attorneys and all others in anywise interested, concerned or affected , shall receive a full and fair hearing of all matters with reference to the said proposed assessments again- st them and their porperty, and any irregularity and any invalidity in any proceeding with reference thereto, the special benefits of said improvements to their property in the enhanced value thereof, or any other matter or thing with reference thereto; and such hearing may be continued from day to day and from time to time without further notice, until all presenting themselves either in person or by agent or attorney have been fully and fairly heard. At such hearing any owner of property or any other person interested or affected shall have the right to introduce evidence and subpoena witnesses. After such hearing the City Commission from the evidence before it will de- termine the amounts to be assessed against each parcel of abutting property and the owner thereof, and may correct any errors, irregularities or invalid- ities requiring correction that may come to the attention of the City Commis- sion; and such hearing will be closed and assessments will by ordinance be levied against the various parcels of abutting property and against the owners thereof, whether such owners be named herein or not, and the real and true 1 Ord. I 312 -Page 3. owners and all other persons in anywise interested in any property abutting upon the said portions of streets shall be and are hereby notified of the said hearing, of the time and place thereof, and of all other matters and things herein contained. Said assessments when levied shall be first and prior lien upon the property against which such assessments are levied and a personal liability of the real and true owners of such property. The improvements on each portion of street or avenue above set forth consti- ture a separate and distinct unit of ~provement, and the assessments for the improvements in each unit shall be made and determined independently of assessments for the ~provements in one unit shall in nowise be affected by any fact in connection with the improvements in any other unit. V. That the City Secretary is hereby directed to file notice to all owners of property abutting upon the said portions of streets to be improved and to all others in anywise interested or affected of the time, place and purpose of such hearing by causing a substantial copy of this resolution to be publish- ed in a newspaper published in any of general circulation in the City of Lubbock at least three times, the first of which publications shall be made not less than ten days before the date fixed for such hearing; and by such notice the real and true owners of the property abutting upon all said por- tions of streets shall be and are notified of all matters and things herein contained, whether named herein or not, and whether or not their property be correctly described herein. The City Secretary shall also mail a copy of such notice by registered letter addressed to each of such owners at their address, if known, or if unknown, to their agent or attorney, if known, depos!ted in the postoffice of the City of Lubbock, Texas, at least ten days before the date set for said hearing, but such notice and service by letter shall be cumulative of the said notice by advertisement and publication, and such notice by advertisement and pub- lication shall in all cases be sufficient, valid and binding, whether or not any other notice be given. The facts recited in preamble hereto constitute and create an emergency requiring the rule providing for ordinances to be read more than one meeting, be suspended, and requiring that this ordinance be passed and take effect a s an emergency measure, and such rule is accordingly suspended, and this ordinance is passed as an emergency measure and shall take effect and be in force immediately upon its passage. Passed and approved this 7th day of Aug., A,D, 1925. /s/ F. R. Friend MAYOR, City of Lubbock, Texas ATTEST: City Secretary.