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HomeMy WebLinkAboutOrdinance - 316-1925 - Closing Hearing, Levying Assessments For A Part Of The Cost Of Improving Ave. I - 01/05/1925ORDINAJJCE no. 316. ~+···-· .. __ ;1.-. .. ORDINANCE CLOSING HEARil\TG AND LEVYING ASSESSKENTS FOR A PART OF THE COST OF IMPROVIXG PORTIO l~ 07 AVEBUE•t• AND SUNDRY OTHER STREETS AND PLACES IN THE CITY OF Ltm'BOCK, TEXAS AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSM ~NTS AND FOR THE ISSUANCE OF ASSIGXABLE CERTIFIC ATES !liT E VIDENCE . THERE OJ' AND DECLARING All EDRGENCY. \~AS, the City o~ Lubbock has heretofore ordered that the below· mentioned portions o~ streets and publi~lacee in s a id CitylB improved by raising, grading, filling,. and installing concrete curbs and gutters and paving with 3 inch vertica l fibre on Ba tural Foundation, together · with appurtenances, and contra ct for the making and construction ot such improvements was let ~o a nd ente red into with Panhandle ~onetruction Company, said streets a nd places being as follows, to-wits 13th Street, from its. intersection with the We s t property line of Avenue Q. to its intersection with the West prope r ty lice of Avenue T, known and designated as Unit No. 34.· Avenue T, !rom its intersection with the South property line o't Broadway Street to ita intersection wit~ t~ ~orth ~r op e rty line of 13th Street, known and designa ted a s Unit Bo. 35. 9th Street, fi:om its intersection with the· bet property line of Avenue u. to its intersectios with the West property line of Avenue x. known and designated as Un~t Bo. 37. Avenue B, from its intersection with the South property line of Broadway Street, to ita intersection with the Borth property line ot 13th Stre Dt 9 ~nown a nd designated as Unit Bo. 38• <t lso ndeing, grading, filling and installing concrete curbs and gutters and paving with 2i inch Vertical Fibre Brick on 4 inch Concrete Founda• tion, together with appurte nances on the following street, to-wit& Avenue I, fra.m its intersection with the South property line of 9th Street to its intersection wi th the Borth property line of 6th Stree t, knownand designated as TUnit No. 36•1 and, ·- WHEREAS, the City Engineer prepared rolls or statements for the improvements in each Unit• showing the amounts to be assessed against the various parcels ot abutting property and the owners thereof. ~nd showing other matters and things •. and same were 8xamined by the Board of Commissioners and approved and a time and place was fixed for hea rig to the owners of such abutting pro~erty and to al1 others in anywise interested• and due and proper notice was given, and such bearing was had and held at the time and place fixed therefor~. to-wita On the 7th day of September 1925, at 3a30 .o•clock P.x. City Offices in the City or lu.bbock, Texa s,. and at auch hert rittg all desiring to be heard were fully and fairly heard, and evidence was received and considered and ~11 protests and objecti ons made were considered, and said hea ring waa in all respects held in the manner provided and required by the Charter and law in ~orce in this City and by the proceedings of the ~1tywlth reterence to such matte•a• and the following proteats were made concerning the ~provementa in the Unit. 1nd1c ~ted• namely: None. and all obJecti ons and protests made wer~lly considered a nd said hearing was continued fram day to day and ~a.m time to time until this date and the Board having tully and fairly heard all parties making a ny protest and all parties desiring to be heard•· and having fUlly considered all matters presented for consider~tion, and having fUlly considered all the evidence, and all pertinent and proper matters. is of opinion thq t the ~ollowing disposition should be made of such protests and obJections, and that assessments should be made as herein ordainedJ and, WHEREAS, the present condition or said streets and avenues endangers health and safety and 1 t is ...necessary that such improvement be pro• ceeded with while the weather will permit. a nd such facts constitute ,nd crea te an emergency requiring t hat t h is ordinance be passed as an e.me~gency measureJ THEREFORE, BE IT ORDAllfED BY THE CITY OF LUBBOCK, TEXASI THAT, .. .. . o~~· 1 3 __ Page 2. ~,.,., .... )I ..____ . All protests and objections, whet~er herein specifica lly mentioned or not, shall be and the same are hereb7 overruled a nd the said he'l ring with respect ~o each and all of said Unite is hereby closed. 11. .~ •• The Board ot Commissioners tram the evidence finds that the assess- ments herein levied shall be made and levied against the respective parcels ot property abutting upon the said portions o~ streets and against the o~ers of such property. and that such assessments are right and prope;&nd establi~veubstantial Justice and ~quality and. uniformity between the respective owners and ·respective properties, . and 'between all parties c-oncerned• considering benefits received , . .,.M and burdens ~posed• and turther finds that in each case ~the abutting property assessed is specially benefited in tbe enhanced value thereo~ by me ~ns of the tmprov~ent in the Unit upon which the particular · property a buts and ~or which assessment is levied, in a sum in excess of the assessment levied against same by this ordinance. and further finds that tte apportionment o~ the cost of the tmprovements ia in accordance with the law a nd Charte r in force in the City. and is in accrodance with the pro~eedings here tofore·takenand had with reference to auch improvements ~nd ~ in all respects 'valid and regular• 111, That there ahall be and is hereb7 levied and assessed against the parce~a o-r property hereinbelow mentioned. and againet the real and the owners \~e~eot• whether such owners be correctly named herein or not9 the same 1 of money below mentioned and ltemit:ed ' shoW¥J ~pposite the description ot · 1 the respective parcels of propertyJ the desc~iptions of such property9 the severa_l amounts assessed against same• and the owners ·thereof, .beins~ (See p~4 sheet on page 423-Uinute Book# 3.) That the a ·sseasments as levied are for the improv-ements in the particular Unit upon which the property described abUts, and the assessments ~o~ tbe improvements in One Unit are in no wise related to or connected with the improvements in any other Unit,·and in making assessments and in holding ··said he ~ring the amounts assessed 'for improv~ments in one Unit have beei in no wise affected b7 any tact in any wise connected with the tmprove• menta. or the assessments therefor. 1n any other Unit~ and in making such assessmen t s the cost of stor.m sewers is not included in the same assessed. IVr fbat the several ·~ a bove menti oned assessed agains~ said parcels of property and against the real and true owners thereof. and interest there• on at the rate Ql 8~ per annum, togethe r wftti reasonabl~ attorneyts tees a nd costs of ~collection, if incurred •. are hereby deel red to be and made a lien up on the respective paroil& of property against which the s a me are as s essed and a personal liability and charge against the real and true · owners thereof'., whether or not such owners be correctly named bere·tn, and such liens aball be and constitute the f1rst enforcible claim against the property assessed and shall be a first and paramount lien, superior ~ all other liens and claims. except State,. County and Kunlc1pal •taxes. and the sums so assessed shall be payable aa• follows. to-wts In six equal installments. the first payable on or before thirty days atter the campletion and accepta nce b y the said City ot the improvements in the bfOCk upon which the particular property a butl the second install• ~ ment due on or befo.r_e .one .,(l) year from aaid da te ot completion an4 f a ccepta nce• the .sbt~nnst a llme nt due on or before two · {2) years from the d n te of ~udh ~oM,Pletion and acceptance; the tourth insta llment due on or before three (3) years from the date of" such completion and acceptmcer Ord. I 316 • Page 3. the fifth installment due on or be~ore four ( 4) years from the date of such completion and acceptanceJ and the sixth (60 installment due on or before. five (5) years f'rom the date ''f such completion and acceptnnce; and such assessments shall bear interest from the date of" such completim and accep tance at the rate of eight per cent per annum. payable annually with each installment,. so that upon completion and acceptance of the ~provements in a particu+ar block assessments against the property abutting upon tach completed and accepted block shall be and become due and payable in such installments and with interest from the date of such completion and acceptance, provided that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default ehall be made in the payment of any installment promptly as the same matures. then the entire amount o£ the assessment upon which such default is made shall, at the option of Panhandle Con- struction ~ampaay, or ita assigns, be and become immediately due and pa7• able, and shall be collectible with reasonable attorne''s fees and costa of' collection, 11' incurred., v. The City of Lubbock phall not in auy m~nner be liable for the payment of' any sums hereby a~8ed against any property and the owners thereof', but said Panhandle Col'J.struction Company shall look solely to said property and the owners thereof, for payment of the sums assessed against the respective parcels of' propertyr but said city shall exercise all of ita lawful powers and aid in the enforcement and collection of said liens Rnd assessments, and if default shall be made in the payment of any assessment, collection thereof shall be enf'oreed either by sale of the property by the Tax Collector and Assessor of' the Oity of Lubbock as near as possible in the manner provided for the sale of' property for the non•payment of' ad valorem taxes. or, at the option of Pan~ndle Construction Company, or its assisns, payment of said sums shall be enforced by suit in any court having Jurisdiction. VI. For the purpose ot evidencing the several sums assessed against the said parcels of property and the owners thereof• and the tbDe and ter.ms ot payment and to aid in the ent"orcement thereof., a ssigaable certificates shall be issued by the City of Lubbock upon the completion and acceptance of the work in e a ch block ot improvement as the work in such blGck is completed and accepted• which certificates shall be executed by the Mayor in the name of the city~. attested by the City Secretary with the corporate seal, and s h all be payable to Panhandle Conetruction Company• or ita assigns• and Shall declarethe said ~ounta and the time and terms of pay• ment and rate of interest and date of co~letion and acceptance of the improvements for which the cert1f1c ~t~ 1s issued• and aball contain the name of the owner as accurately as possible, and the description of the property by lot a~d block number9 or front feet thereof, or such other description as may otherwise ~dentify the aame,and if the said property shall be owned by an estate then the desoritpion thereof as so o·.med aball be sufficient, or if tbe name of the owner by unkno\11J. then to so sta te shall be suffic~ent, and no error or mistake in describing a ny prop erty .. or in giving the name ot any owners. shall in any wise invalidate or impair the assessment levied hereby or the ~ertif'ic ~te issued in evidence thereat. The said certif'ic•tes shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due9 then. at the option of Panhandle Construction Campany, o~t e its a ss igns• the whole of the said assessment evidenced thereby shail?Qi- came due and payable, and shall be collectible with reasonable attorne,~s fees a nd costs of collect1on9 if incurred. And said certifica tes shall set forth and evidence the personal liability of the owners of such property and the lien upon such property. and shall provide in effect if default be made in the payment thereof' the same may be enforced either b y the sale of the property b ·;-the Tax Collector and Assessor of the City of Lubbock. as above recited, or by suit in a ny court having Jurisdic- tion. Ahe s a id certificates shall further recite in effect tha t all proceedings with reference to making said improvements have been regula rly had in conpliance with t m law and charte r and pro•eedinge of the City o£ Lubbak• Ord. II ~16 -Page 4~ a-nd that all prerequisites to the fixing or the lien and claim of personal liability evidenced by such certittc ~tes have been regularly done and pertonned, which recitals shall be evidence o~ the matters a nd facts so recited, and no fUrther proof thereof shall be required in any court. And the said cert11'1c"tes may bave coupons attached thereto, in evidence ot each or any of the several instal~ents thereof, or they may have coupons for each of the first five inat ~llmente leaving the o ain cer- tific~te for the sixth. laid certificotes may further provide substantially that the amounts payable thereunder may be paid to the Collector of Taxes of the City, who shall issue hie receipt therefor, which receipt shall be evidence of such payment upon auy demand for the sane, either by virtue of the said certificate or any contract \o pay the srune entered into by the property owner. and that the Collector of ~axes will deposit all sums so received by htm forthwith with ~be City Treasurer, and upon the payp ment of any installment with interest upon the surrender of the coupcn therefor, receipted in full by said Campan;y, or other holder of said certificate., the Ci t;y Treasurer shall pay the amount so collected and due thereon to said ~ompany, or other holder,, which coupons so receipt- ed shall be the Treaaurer•e. warrant tor payment. And the said cer- tificates shall further provide in effect that the City of Lubbock aball exercise all of its lawful powe2' when requested so to do by the bolder of said certificates to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent or appropri a te theretot It shall not be necessary that said certit1c~ ea shall be in the exact ror.m as above set forth, but the substance and effect thereof shall suffice, VII. The assessments levied -Y this ordinance for the improvements in each Unit are a 1 together separate and. ~1at1ect from assessments in e a ch a m eve ry other Unlt. The assessments ~or improvements in one unit are in no wise affected by the tmprovements ln or the asseeaments levied for the improvements in any other unit, and in making and levying assessments for the co s t o~ the improvements in each unit, the benefits by me a ns of the ~provemente, a nd all other matters and things with reference to Amprovements in ea ch u~, have been considered and determined altoge the r u ithout re~erence to any such ma tters in my other unit, and the omission of the improvements in any unit shall in no wise affect or tmp a ir the validity of assessments for the ~prove• menta in any other unit. The omission of improvemen t s in aDJ par- ticula r unit in front of any prop erty exempt fram the lien of such assessments shall in no wise affect or impair the vali d ity of ass ess- ments against other property in tha t unit. vxu •. No mistake, error, invalidi~y. or irregularity in the name of any property owner, or the description o~ any property• or the &Dount ot any assessment. or in any other matter or thing, shall in any wise invalidate or tmpair any assessment levied hereby or any certificate issued,. and any such mist.ake-. erro~. invalidity., or irregularity. whe- *her in such assessmen t s o~ in the certificate issued in evidence there-or, may be corrected at any time by the C 1 t.y. IX. All assessments levied are a personal liability and charge against the real owners of t}te premise&.Jtescribed notwithstanding such owners may not be named or may be incorrectly named.- x. Full pow e r to make and levy reassessments is, in accordance with the law and proceedings of the City, reserved a nd vested in the City. Ord. I ~ -~g. s. Xl. The present condition o~ said streets and places endangers health and safety and it la necessa~ that such improvements be proceeded with while the weather. will permit, and same ar,Leing delayed pending the taking e~~ect of this ardinance. and such facts constitute and create an emergency requiring that the rules and charter provisions providing for ordinances to be read more than one ttme or at mare than one meeting be suspended and requiring that this Ordinance be passed ae and take ef~ect as an emergency measure. and suCh rules and p'avisions are accordingly eo suspended and this ordinance is pasee1i7and aiiall take ~feet as an emergency measure and shall be in full force and effect immediately from and after its passage • . Passed and approved this 5th day o~ Zanua ~, A.D. 1925. city secretary. APPROVED AS TO FORllt city Attorney. J.F.Friend U&yor •. City of LubbOck, Texas.