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HomeMy WebLinkAboutOrdinance - 319-C-1925 - Closing Hearing And Levying Assessments For Improving Alleys - 12/02/1925... ~ . " I • \-., ~\ .a. -rf .,. Oimllnuau:v; BO.. 319-C . .,.,____; '• \ ORDiliAllCE cLlJI~G HEARIEG AliD IEVYIEG ASSESSIIEBTS J'OR APJ.Il'l OF THE '\ COST OF DIPROVING PORTIOBS 07 ALLEYS AliD SDIDRY ODER PLACES IB Tim CITY 07 LUBBOCK. T.KXAS 9 ABD PROVIDDrG FOR THE COLlBC'liOll 07 SUCH ASSSSB- JDm'fS AND FOR THE ISSUAllCE o:r ABSIUABIE CERTIFICATES Ill EVIDEliiCE THERE07: AliD DECLARiliG All EKERGEBCY. WHEREAS, the City of Lubbock• has heretofore ordered \bat the below m~nt1oned porti·ons of" alleys ldil ' public places in saitd City be improved by raisingt grading• !'illing, and paving with ftve inch rein- forced concrete paving~ together with appurtenances, and contract for the making ~nd construction o't such improvements was let to and entered int~ with~andle Construction Campan7• said alleys and places being as follow.st Eaat and .West Alley in Block 102 o.t.L. from the West property line ot AYenue ·~ to-the East property line of Avenue •xw, kl'U)wn sad designate~s untt N0• A•3. · . •o.rth and South Alley in Block 102 O.T .. L. ~rom the South property line -ot Tenth Street., to the .,r\h PWoperty line or Eleventh Street, lmoWD and designated as Unit _.o. A-a. WHEREAS, the City Engineer prepared rolls or statements for the improvement ot ea•h Unitt showing the ·anounts to be assessed against the -various parcels of abutting property and the owners thereof. and showing other matters and thtnga and sae were examined by the Board of Commissioners and approve·d and a time and place was fixed for bear- ing to the owners of such abutting property and to all others in an~se interested, and due and proper notic~ was given, and such hearing waa bad and held at the time 8114 plaoe f'ixed therefor, to- witt on the 2nd day of December. 1925, at 3a30 P.K. o•clock, in the City Ball, in the Ci~ ot lUbbock, Texas, and at such hea ring all desiring to be heard were fUlly a nd f a irly hea rd, and evidence was reoe1Yed a nd considered and all protests and objections made were considered , and e a i d hearing was in a ll respects held in the manner provided a nd required by the Ch a rte r a nd law in :force in this City and by the proceedings ot the City with re~erence ~ such ma tte rs, a nd tbe following protests were made concerning the improvements in the unit indiated, namely~ . Bone. and all obJ ectione and pnteat made were fully c ons1dered and said hear- ing· was continued h-om dat to day and :from time to time until this date ·and the 'Board having ~ully and f'a.irl:r heard a.ll parties making aD7 protest and all parties desiring to be haal'd• -and having1hlly considered all matters present for consideration. and h a ving tully considered all the evidence• a nd all pertinent and propert matters,. is ofopinlon tbat the following d1apos1tion should be made of such protests and objec• tions. ao1 that assessments mould be made as herein ordained·; and• .. WHEREAS• the present 4onctlt1oa o~ sa1 d streets and. avenues endangel" health and safety aDd it. 1& necessa ry that B'tiCh improvement be pro.,. ceeded witb while the weather will permit• and such facts constitute ~ aDd create an emergenc7 requiring that this ordina nce be passed as an • emergenc7. · . . . ( 'l'HEREFORE• l3E I~ ORDAI:mn> BY THE C" I'l'Y .OJ' LUBBOCK, TEXAS, T'.Hrrl ~ All protests and obj~t i o ns• whe ther herein specifically me ntioned• or not; aha 11 be and the same a re hereby overrule-d a nd the eai. d lie a r1::ng with rel'pect to each a nd all of sa.1 d tJni ts is hereby closed. 11 .. The Board of' Commissioners fTOill' the evidence finds tbat the assessments • r -, ··-~ .. ( \ _\_. __ ~ ... f ( ... herein levied ebaU be made and levied against the rea~ ct1 ve parcflla of' property abu~t.iag upon the said port1ozu, o'f st-reets a nd against the 0'81lers -o~ such property,. and tha~ such assessments are right and proper a.nd ·establish. av.batant1al Justice aDd equality and unitormi -ty between the respectlye owners and reepective properties. and between a ll parties concerned• cousidering benefits received and burdens tm• p osed, and fUrt~er f'inda ,tbat in each ease the abutting property assessed 1e •peciallybe~etited in tbe enhanced va l ue thereor by meaJ!s of' .the improvement , in the tJntt upon which the particular prop• erty abuts and £or whi·eh assessment is levied, :in a sun in excess o~ the assesmnent l e vied agains~ same by this ordinance, and further find that the apport1omnent of' the coat of' the improvements ie in accord,. ance with the law and Charter Jn force in the City and ie in a ccordance with the proceedings heretofore taken a nd bad with re~erence to such improvements a nd is in all respects valid and regular. ' 111. That there shall be a nd is hereby levied and assessed against the . , .• · parcels of property hereinbelow mentioned aDd against the real a nd true oWQere thereo~. whether such owners be correctly named here~ or not, the sums o~money below mentioned and itemized shown opposite the ~ascription ot the respective parcels or propertyJ the dee• cr1pt1ons of such property£ the several amounts .assessed against same, a nd the o~ers thereot. be ng as tollowst '!'hat the n ssessments so levied are for the improvements 1n the particular Unit upon which the property described abuts, e. nd the assessments ~or ·tbe improvements in one Unit are in no wise re• lated to or connected with the improvements in any other Unit, and in making assessments and in holding ~d hearing the amounts ?ssessed for ~provements in one Unit have been in no wise affected. by any fact in any wise conn ected with the improvements, or the assessments therefor, in any other Unit• and in making such assessments the cost of sto~ sewers is not included in the sums assessed• IV. That the several sums above menti oned assessed against said pal'Oels ot property and against the real. and true owners thereof-. and interest thereon at the rate o~ 8% per annum-. tog ether with reasonable attorney~& fees and coste of collection. if incurred• are hereby declared to be and made a lien upon the respective parcels of property agmnst which the s ~a are aas essed, and a persona 1 l1ab111 ty and charge agai net the real and t rue own e r e the re• ot. whether or not such owners be correctly named h ere in, a nd such liens ehall ·be and constitute the firs t enforcible claim a ga inst the property assessed, and shal ~ be a f'irs t and par.wmount lien. a superior to all other liens and claims, except State, County and llun1c1pal taxes , and the ·sums so assessed shall be payable as follows 9 to•wi t1 In six equal lnstallmenta, the f'iret payable on or before thirty days after the ca.mpl e tion and acceptance b y the said City of the 1mprove ~ents in the block upon which the particular property~utsJ the second installment due on or bef'ore one (1) year frOLl said date ot completion and acceptance 11 the thtn installment due on or be- fore t wo (2) years from the date o~ sqch completion and acceptanceJ the fourth installment due on or before three (3) ye ars~om the date of such completion and acceptance; the fifth insta llme nt due on or before four (4) years from the date of such cample ti on a nd acceptance; and the sixth {6} installment due on or before five (5) years from the d "l te ot such completion and accepta nce; a nd such aseesmment sha ll bear interes t from the d a te of such canpletion and acceptance at the ~te of eight per cent per annum, paya ble annually ... ith each ins t n llment 11 so that upon completion and accepta nce of the ~provements in a p a rticular block assessments aga inst the property abutting upon such completed and accepted block shall be and become due and payable in such installment and with interest from the date of such completion and ae~ept ance, provided th~t any owner Shall ,, i I ~ .q:. ..1 Ord. I ·Jl9t-C -Page 3. ... /It have the right to pay the entire assessment. or aft7 installment thereof, before maturity by payment of principal and accrued interest and pro• vided ~urther tha t it de~ault ~hall be made in the payment of any installment pra.mptly as the .BaDe matures, then the entire amount of the assessment upon wh i ch such d etault 1a made shall• at the option of Pan- handle Construction C~y or its assigns. be and beca.me immediately due and payable, and shalL be collectible with reasonable a t tornefB' tees and costs of co!lection, if incurred. v .. The City of Lubbock shall not in any manner be ~iable for the payment of a~ sums hereby assessed against any property and the owners thereof• but said Panhandle Construction C~any shall look solely to said proper- ty a nd the owners there of• for payment of the auma assessed against the respective parcels of property f but s a id City shall exercise all of ita lawfUl powers and aid in the /~orcementiand if default shall be made in the payment of any assessmen-t, collection thereof shall be enforced either b v sale of" the property b y the Tax 8ollector and Assessor ot the City of Lubbock, as nea r a s possib le in the manner provided for the sale of property for the non-payment of ad valorem taxes, or, at the option of Panhandle Construction .Compan;y, or its assigns~ payment of said sums shall be enfoTCed by suit in any court h 2vlng Jurisdiction. VI. For the pur~ose or evidencing the several sums assessed against the said parcels of property a n4 the oweera thereof, t and the time and ter.ms ot payment, and to id in the ~enforftement thereo~, assignable certificates shall be issued b y the C1~~,D1.~ubbock upon the completion and acceptance of the work in each block a~·tmprovement as the work 1n such blook ia completed and acc~ptac1 whi-eli·certiticates shall be executed by the Kayor in the ~e ot the City, attested by the City Seoreta r1 with the corporate sea~. and shall be paya ble to Paahandle Construction CampanJt o-r 1 ts assigns, and shall declare the said amoun~s and the time and terms of pay.men~ and rate of interest and date of c~pletion and acc,pt- ance of the improvements for which the certi~ica te ie issued, and ab&ll contain the name of the own eJks accura t e ly as possible, a nd the description of the pt-opertw by lot and block .number. or fr ont feet there- of, or such other description as may otherwise identity the same, a nd . \ if tbe said property shall ue owned by an estate then the description there• of ae eo owned shall be su~ficien~, a nd no error or mistake in describing a DY prop erty11 or in giving the n ame or a.DJ' oWDerst . sball in any wise in-· v a lida te or imp a ir the assessment levied hereb7 or the certificate issued m evidence thereof. . . The said certifica tes shall further provid e substantially that if defa ult shall be made in the payment of any ins t al lment o f principal or interes t when due, then, a t the option o~ Pa nhandle Construction Company, or its assigns, the whole of the said ass•asment evidenced thereby shall at once become due and payable.and shall be collectible with reasonable attorney!& ~ees and costs of collection, if incurred• and said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such prope rty, and oball provide in effect if de~ault be made in the pa~ent thereo£ the same may b e enforced either by the sale of the property by the Tax Collector and Assessor of the City of Lubbock, as above recited, or by suit in any court having juris- diction. The said certifie ~tes shall further recite in effedt tha t a ll proceedings with reference to making said improvements h a ve been regula rly had in comPliance with the law and charter and proceedings or the City of Lubbock, and tha t all preJ!'equiaites to the 'fi~ing of the lien and claim ot pers~nal liability evideneed by such certificates have been regularlJ done and performed which reci tala shall be evidenced of the matters a nd ~acts so recited, and no fUrther proof thereof shall be required in any court. And the said certificates may have coupons attached thereto in evidence ot each or any of the severa l inst ~l~ents thereof, or •hey may h a ve coupons £or each of the fir s t ~ive insta llments leaving the main oer- tific,te ror the sixth. \ {, Ortf., I '" ~19·0 -Page. 4 1 Said ~ertificates may further p~~vide substaatially that the anounts pa7able. thereunder ma)" be paid to the Collector of Taxes ot the City,. who shall lssue his receipt ~heretor. which receipt. shall be eTidence of such p~en~ upon my demand for the same• either ~Y virtue of the said certifica.te or an;y -contract to pay the aame entered into by the property owner. and that the Collector of raxes will deposit all sums so rece1Ted by him ~orthwith with the City Treae. and upon the pay- ment of any installment with interest tl.p on tho surrender of the Coupon• therefor. receipted in full by said Company. or other holder of said ~ertific ~te, the City Treasurer shall ~Y tbe amDunt so collecte4 and due thereon to said Company, or other holder. which coupons eo receipted shall be the 'l'reaaurer•a warrant for payment. M 0 And the said certif1c ~tes shall further provide 1~ effect that the Ci~ o~ Lubbock shall exercise all ot its lawful power when requested so to do by the holder of said cert1f1catea to aid in the enforcement and collection thereof• and said certificates may contain other and rttrtheT recitals pertinent or appropriate thereto. It shall not be necessa ry that sis.d certificates shall be in the exact fom as above set forth• but the substance and effect thereof shall su:ffice. VII. The assessments levied by this ordinance for the improvements in each Unit are altogether separate and distinct from~ oseasments in each and every other Unit. The assessments for improvements ib one unit are in no wise affected by the improvements in or the assessmen l s levi• ed for the improvement e in any other un1 t., and 'in mal:. 1ng a.nd leTying assessments for the c-ost of the improvements in .each unit, the benefits by means of the improvements, and. all other ma tters and things with reference to improvements in e a ch unit, have been considered and deter-mined altogether without reference to any such matters in any other unit• and the omission of the improvements in any unit shal l in no wise affect or impair the validity of assessments ~or the improve- menta in any other unit.. The ~mlhssion or improvements in any particular unit in front ot any proper ty exempt f.ram the lien of such assessments shall 1n no wise affect or impair the validity of assessmen t s against other prop erty in that Unit. VI-IJ. Bo mis~ke, error• invalldit7, or irregularity in tbe name of any propert7 ·owner, or the des-cription ot any property. or the e.mDunt o~ any assessment or in any other matte r or thing shall in any wise in• validate or imp~ any assessment levied hereby or any certificate· issued, a nd an7 such mistake• error inva!.i41 ty1 or irregularity. whether in such assessments or in the certificate issued in evidence thereof, mny be corrected at any time by the City. IX. All assesame~ts levied are a personal liability and cha~ge against the real and true owners of the premises described notwithstanding such owners may not be named or ma7 be incorrectly named. x. Fnll power to make aad levy reassessments is in accordance with the law and proceedings of the City, reserved and vested in the City. XI. The ~esent condition a.f e~d streets and places enda nge r health and safety and it is necessary that sueh improvements be proceeded with . ' ., . Ord. II 319•C -Page 5. while the weather will permit• and same are being delayed pending the taking effect of th1a Ordinance, and auob 'facts conati tute and create an emergency requiring that the rules and charter provisions providing for ordinances to be read more than one ttme or at more thaD one meeti ng be suspended and requiring that this Ordinance be passed as a nd t a ke ef":f'eot as an emergency measure• a nd such rulepnd provisions a re accordingly so suspended and this ordinance is pass e d aa and shall t a ke effect as an emergency measure and shall be ln full force and effect immediately from and after its paB&Rge.. Passed and approved this 2nc! day of Dec.,. A.D •. 1925, A'l'TES!t 3 ..R .Germany • City Secreta iY• FrRsfr1end Diyor.city of Lubbock, Texas.