HomeMy WebLinkAboutOrdinance - 362-1926 - Closing Hearing And Levying Assessments For Improving Portions Of Texas Ave. - 03/01/1927( .
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?Jo. 3~:(
~ubbock Ne w F orm No.l2.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
/~ ~ c 1 ty On thi 8 1 the ··-····-·=-.. day of.·-·-·-·-·-···-·-·-·-·-·-·--··• 1927 .. ,
the .ao&r~ Commission&~ of the city of.~:9-. ."~~~Q.~,k . _________ ,.1 Texas,
in the above mentioned county, convened in.---~~----·-·-·-·--
··-····-·-·-·-·-···-·-·-·-.. ---......... ,.... ____ ·-·-·-·-·-·-..... session, in the regul'r meeting place ~QH ~~,~~ • in said city, -a:t:i ~mbere thereo:f, ,to-w1t:
~£.f?f _ _I_?_~_Jlayor
.a..!._~...__2f_~-----Commissioner
~-~~---·;·--COIIIliBsioner 1~-__:~----~t-.. Commissioner
··-------·-·-·-·--·--·-·--·-·-·-·-·---·-··0 omm i a 8 i one r
·-·-----·-·-·-·-·-·-----·-·--·--·-·-·-·-·-··Comm i s s i one r
being present and passed the following ordinance:
ORDINANC E CLOSING HEARING Al~D LEVYING ASSESSliENTS
FOR A PART OF Th~ COS T OF Il4PROVING PORTIONS OF
TEXAS AVENUE, AND SillrDRY OT HER STREETS .AND PLACES,
IN Th~ CITY OF LUBBOCK. TEXAS, PJ{D PROVIDING FOR
TH:E COLLECTION OF SUC H ASSESS1.00.'{TS, AND FOR THE
ISSUANC E OF ASSIGNABLE CERTIFICATES TI~ EVIDENCE
THEREOF, AH D DECLA RING AN E11ERGENCY.
/::::;;;
Commissioner .. -·-·-·-·--~ .. ·--·-·-·-·-····.moved that the ordi!!Jl-!).Ce be f-
placed on its first readina'; seconded by Commiesioner .. L.~--~
and carried by the :r·ollowing vote:
AYE:{;~--------~~---"'--~....,... ~~. .. ··---···---·-··· -·-"'---.. -······-· .. --·-··· ... ··-· ... ·----··· __ .,. .. -........ _. __ .., _______ ,.__ ·--·-·-·-.. -·-·-·-·-·--·---·~· .. ·-·-·-··
NO: None.
Carried: Ordinance placed on first reading.
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Commi s s i one r·-·-·-·---·-·-·-·-·-·---·-··--·-·-·.:·-·_ .. moved that the o rd i nanc e pass
first reading; seconded by Commissioner .. --~--~--~-·-··• and
carried by the following vote:
. AYEl~=--===~ ~~~-=~--~---·-· .. ·-·--·--.. -·-·-·---·------·-·---·--·-·--..
NO: None.
Carried: Ordinance passed first reading.
u
y~~ Commi 88i oner.·-·-·--···----·--·----·-·-·.moved that the rules be suspended.
and that the ~inance be placed on second reading; seconded by
Commisaioner .. ~-·---~-~·~·-·-·-·-... ·---.&nd carried by the following vote:
AYll .~~~----___ e~-=-~ --·-~---·--••w ·--·-··•·-·-·-·-•-·-·-·-·--•--••••-• -"" .. _. ___ _......, __ .,.. ·-·-·-.. ·--·--·-·-·--·--·----·
NO: None.
Carried: Ordinance placed on second reading.
Commi s s! one r ... (2}:~,~----·-·-·-·--·-···--mo ved the. t ~e ord! nano e pe. s s
second reading; second~d by Commissioner .. -·-·-·-·-----~-·-·-·-·-·-·-····-·---·-"/
and carried by the following vote:
A~~-~---·· .... C:Z...~--"-~ ;-y ~ ~--;;·:---·----·· ------·--·--·-·-·-·-·---·-·-·-·
:~--·-·---·· --·-·--... ·-----·---·-·---
NO: None.
Carried: Ordinance passed second reading.
Commissioner .... i~~--~---·.mo ved that the rules be suspended
and that the ordinance be ~c ed on third and final reading;
;~~~~!~~ b;0 ~~';""! s s i o'ne r -----~----8 _____ .e.nd carr 1 ed by the
A' .... ~~----·~·----·---~-::: •. ~ ~~~r:;;vo·-·--·-·--·-·-·--·----· .. -·-·----~·=.-;; . ..d..~p-----------··--·-·--·-·--·--------·-·-·--··
NO: None.
Carried: Ordinance placed on third reading. n .
Commissioner .... ---·~·-·-·-·-·-·-·-·-·--------·-·-·-·-.. moved that the ordinance pass
third and final~i and be finally adopted; seconded by
Commies ioner .. -~---·--·-·-·-· _ _ __________ and carried by the following vote:
AYll~~:--=-~= ::f~~=~
NO: None.
Carried: Ordinance passed third and final reading.
The Mayor then declared the ordinance finally passed.
The Ordinance follows:
l=r
u -
LUBBOCK NEW. FOIDti NO. 12.
ORDINANCE CLOSING HE.ARll~G AND LEVYING ASSESSMENTS
FOR A PART OF T~~ COST OF ll~ROVING PORTIONS OF
TEXAS A VEI'IUE, AND SUNDRY OTHER STREETS AND PLACES
IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR
THE COLLECTION OF SUCH ASSESSHENTS, AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDEiiCE
THEREOF, AND DEClARING AN IDirERGENCY:
WHEREAS, the City Commission of the City of Lubbock,
has heretofore ordered that the below mentioned portions of
streets in said city be improved by constructing storm sewers
and by raising, grading, and filling same, and installing
concrete curbs and gutters, and paving with 2-1/2 inch Vertical
Fibre Brick Pavement on Four Inch Concrete Base, together with
necessary incidentals and a ppurtenances, all as provided in
the specifications prepared by the City Eng in eer, now on file
with said Ci ty; and contract for the making and construction
of such improvements was let and entered into with Panhandle
Construction Company, said streets being as follows, to-wit:
TSXAS AVENUE {ForQerly Avenue I}, from its inter-
section with the North property line of 14th Street,
to its intersection with the North property line of
~6th Street, known and designated as Unit or District
No . 1.
TEXAS A~fUE (F ormerly Avenue I), from its inter-
section with the South property lihe of 16th Street
to its intersection with the South property line of
19th Street, known and designated as Unit or District
No. 2.
AVEN"UE G, from its intersection with the North property
line of lOth Street to its intersection with the cen ter
line of 8th Street, known and designated as Unit or
District Uo. 3.
EIGHTH STREET, from its intersection with the East
pr~perty line of Avenue H to its intersection with
the center line of Avenue G, known and designated as
Unit or District No. 4.
NINETE:Er-TTH STREET, from its intersect ion with the West
property line of 1'exas Avenue, to its intersection with
the center line of Avenue I.l , known and designated as
Unit or District I-.o. 5 .
NTI!ETE~~TH STRE~T, from its intersection with the
center line of Avenue ~.!, to its intersect! on with the
East property line of Avenue G, knovm and designated as
Unit or District .No. 6.
:NINETEENTH STREET, from its intersection with the
East property lihe of Avenue Q, to its intersection
with the East property line of College Avenue, known
and designated as Unit or District r;o. 7.
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' ...
SIXTEENTH STREET, from its intersection with the
West property line of Avenue Q, to and including the
intersection thereof with Avenue X, known and designat-
ed as Unit or District No. B.
AVENUE X, from its intersection with the South line
of the intersection of 16th Street from the East to
its intersection with the North line of the inter-
section of 16th Street from the West, known and
designated as Unit or District No.9.·
SIXTEENTH STREET from and including the intersection
thereof with Avenue X, to its intersection with the
East property line of College Avenue, known and
designated as Unit or District l~o. 10.
AVENUE H, from t h e South line of t h e right~ef-way
of Panhandle & Santa Fe Railroad to its intersection
with t h e South property line of Fourt h Street, known
and designated as Unit or District No . 11.
AVENUE H, from its intersection with the South prop erty
line of 4th Street to its inter s ection \nth the North
property ~ine of First Street, known and designated
as Unit or District IT o. 12.
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and,
WHEREAS, tho City Engineer prepared rolls or statements
for the improvements in each District or Unit, showing the
amounts to be assessed against the various parcels of abutting
property, and the owners thereof, and against the owners of
railways or street railways using, occupying, or crossing said
portions of streets, and showing other matters and things; and
same were examined by the City Commission and approved, and a
time and place was fixed for a hearing to the owners of such
abutting property, and of such railways or street raiJw·ays, and
to all others in anywise interested, and due and proper notice
was given, and such hearing was had and ~ld at the time and
place fixed therefor, to-wit, on the L.-day of ~,
A. D. 192), /at ~ o'clock, E_M., 1n the ~_____:._ ~ .. _ in t~1 yo
~u oc , Texas, an a su 1 ear1ng a es1ring to be heard
were fully and fairly heard, and evidence was received and
considered and all protests and objections made . were considered,
and said hearing was in all respects held in the manner provided
and required by the Charter and law in force in this city and by
the proceedings of the city with reference to guch matters, and
the following protests were made concerning the im pTovements
in the units indicated, namely:
~ . Iff. ~ , owning property fronting ~() feet
on L? ~ _; ::Street, in Block .i..~t.&.,.v Unit ~ ,
pro=Eestea: tEat; 7?U:__ ~ ~ ~fit~ chJt~ .. ~
~~eJ. ;;u--7 -t:_._ .,._~~ ~ ~ ~
~~ /J11. ~ ,-626-c)d ~ ~
~ Ju.Z -<ALI~;//')tJ \ ~~====~~~~~~~=r·-O~'~Nn~1~·n~ge·~p~r~op~er~t~~~-;fronting feet ( 1 .vo~n.~~iii:~~~=::Ws~t...cr~e~et=, i :a Blosk , TJni t -, ~tested t~
, ~n.ai&g ppoperty fFQnti~
S-iiPeei , ~i!i laleele , Unit ..-eti
prote s ted t h at: t
--============~===;==~·~o~o~~ndi~n~g~p~r~o~p~e~r~t~y=:t~r~o~nrtt~i~I~~====~feet uon~~~;;~~~----Strieet. I~ Block , Unit ~
protested that:
, ownjng property frontj~g
on Street, ifi Block , Unit ··~~~~~~~----------p!"ete st·e~ t :---
feet
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0
u And all objections and protests made were fully
considered and said hearing was continued from day to day and
from time to time until this date, and the City Commission
having fUlly and fairly heard all parties making any protest
and all parties desiring to be heard, and having fully con-
sidered all matters presented for consideration, and having
fully considered all the evidence, and all pertinent and
proper matters, is of opinion th~t the following disposition
should be made of such protests and objections, and that
assessments should be made as herein ordained:
THEREFORE, BE IT ORDAINED BY THE CITY C01ll1ISSION
OF THE CITY OF LUBBOCK, TEXAS: THAT,
I.
All protests and objections, whether herein specifically
mentioned or not, shall be and the same are hereby overruled
and the said hearing, with respect to each and all of said
Units, is hereby closed.
II,
The City Commission, from the evidence, finds that the
assessments herein levied shall be made and levied against the
respective parcels of property abutting upon the said portions
of streets, and against the owners of such property, and against
railways or street railways, and the owners thereof, and that
such assessments are right and proper and establish substantial
justice and eq_uality and uniformit~r between the respective
o'vners and resy ective properties, and between all parties
concerned, considering benefits received and burdens imposed,
and further finds that in each case the abutting property assess-
ed is specially benefited in the enhanced value thereof by means
of the improvemen.t in the Unit upon which the particular prop erty
abuts, and for which assessment is levied, in a sum in excess
of the assessment levied against same by this ordinance, and
further finds that the apportionment of the cost of the improve-
me n ts is in accordance with the law and charter in force in
this city, and is in accordance with the proceedings heretofore
taken ru1d had with reference to such imnrovements and is in all
respects valid and regular. -
III.
That there shall be and is hereby levied and assessed
against the parcels of property hereinbelow mentioned and asainst l
the real and true owners thereof, whether such ovmers be correct-
ly named herein or not, the sums of money below mentioned and 1
itemized shown opposite the description of the respective
parcels of property;the descriptions of such property, the
several amounts assessed against same, and the owners thereof,
being as follows:
(Here insert complete copies of the Engineer's rolls or
statements as corrected, if any corrections are made,
being sure to correct the names wherever there has been
any errorr descriptions and amounts wherever there has
been any error, as well as all other errorsj.
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IV •
•
That the assessments so levied are for the improvements
in the particular Unit upon which the property described abuts,
and the assessments for the 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 hearing the
amounts so assessed for improvements in one Unit have been in
no wise affected by any fact in any wise connected with the
improvements, or the assessments therefor, in any other Unit.
The total amount assessed against each parcel of property
is the amount indicated in the appropriate column, such amounts
being itemized under other columns. There is hereby levied and
assessed against the railways and street railways above mentioned
the sum of money shown in the foregoing schedule for improvements
between rails and tracks, double tracks, tum-outs, and switches,
and twofeet on each side thereof, and the sum so assessed is the
cost of the improvements in such area.
v.
The s ums assessed against railways and street railways for
work between rails and tracks, double tracks, tum-outs, and
switches, and two feet on each side thereof shall be and are a
special tax upon such railways and street railways, and their
road-beds, ties, fixtures, r i ghts, and franch i ses, which tax
constitutes a lien thereon, which is superior to any other lien
or claim, except state, county, and municipal taxes, and which
may be enforced either by sale of said property in the manner
provided by law, in the collection of ad valorem taxes by the
city, or by suit against the owner in any~~&~~rG~li~gi~~i~
diction. The said sums so assessed agains~~rarlways/snaii~~~
and become due and payable upon estimates as the work progresses,
as follows:
On or before the lOth day of each month after the
commencement of the work, the City ~ngineer shall make out and
present to the Contractor constructing said improvements, a.n
estimate showing the amount due for work done between rails a 1~
tracks, double tracks, tum-outs and switches, and two feet on
each side thereof during the previous month, and thereupon 90%
of the amount of such estimates shall be and become immediately
due and payable, and upon completion of the improvements in a
particular unit, the remaining portion o.f all of said estimates
for such work in such unit s h all be immediately due and payable
and all such sums not paid when due shall bear interest from
date due and until paid at the rate of 7?& per annum, and shall
be collectible, together with reasonable attorney's fees and
costs of collection, if incurred, either at the suit of the
City for the benefit of the Contractor, or at the su it of the
Contractor in its oYm name in any court having jurisdiction.
VI.
That t h e several sums above mentioned assessed against
said parcels of property, and against the real and true owners
thereof, and interest thereon at the rate of 7 ~j per annum,
together with reasonable attorney's fees and costs of collection,
if incurred, are hereby declared to be and made a li~ upon the
respective parcels of property against ~1ich the same are
assessed, and a personal liability and charge against the real
and true owners thereof, w·et h er or not such own ers be correctly
named .herein, a n d such lien s shall be and con stitute the first
enforcible c l a im against the property assessed, and shall be a 1
first and paramount lien, supe~ior to all oth er liens and claims, I
except stat ~, county, e~d municipal taxes, and the sums so assessea
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shall be payable as follows~ to-wit:
In six equal installments, the first payable on or before
10 days after the completion and acceptance by the said city of
the improyements in the unit upon which the particular property
abuts; the second installment due on or before one year from
said date of completion and acceptance, the third installment
due on or before t wo years from said date of completion and
acceptance, the fourth installment due on or before three years
from said date of completion and acceptance, the fifth install-
ment due on or before four years from said date of completion and
acceptance, and the sixth installment due on or before five
years from said date of completion and acceptance; and such
assessments s hall bear interest from the date of such completion
and acceptance at the rate of 7% per annum, payable annually
with each installment, so that upon completion and acceptance
of the improvements in a particular unit assessments against
the property abutting upon such completed and accepted unit shall
be and become due and payable in such ins tallments, and with
interest from the date of such completion and acceptance, pro-
vided that any owner shall have the right to pay off the entire
assessment, or any installment thereof, before maturity, by
payment of principal and accrued interest, and provided further
that if default shall be made in the payment of any installment
promptly as the same matures, then the entire amount of the
assessment upon which such default is made shall, at the option
of Panhandle Construction Company, or its assigns, be and become
immediately due and payable, and shall be collectible with rea-
s onable attorney's fees and costs of collection, if incurred.
VII.
The City of Lubbock shall not in any manner be liable for
the payment of any sums hereby assessed against any property
and the ovmers thereof, ·but said Panhandle Construction Com pany
shall look solely to said property, and the owners thereof, for
payment of the sums assessed against the respective parcels
of property; but said city shall exercise all of its lawful
powers to aid in the enforcement and collection of said liens
and assessments, and if default shall be made in the payment of
any assessment collection thereof shall be enforced either by
sale of the property by the Tax Collector and Assessor of the
City of Lubbock as near as possible in the manner provided for
t h e sale of property for the non-payment of ad valorem taxes, or,
at the option of Panhandle Construction Company, or its assigns,
payment of said sums shall be enforced by suit in any court
having jurisdiction.
VIII.
For the purpose of evidencing the several sums assessed
against the said parcels of property, and the o¥mers thereof,
and the time and terms of payment, and to aid in the enforce-
ment thereof, assignable certificates shall be issued by the
City of Lubbock upon the completion and acceptance of the work
in each unit of improvement as the work in such unit is complet-
ed 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 shall be payable to Panhandle
Construction Company, or its assigns, and shall declare the
said amounts and the time and terms of payment and rate of
interest and date of completion and acceptance of the improve-
ments for which the certificate is issued, and shall contain
the name of the ov~.ner as accurately as possible, and the des-
cription of the property by lot and block numbcr, or front feet
thereof, or such other description as may otherwise identify
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the samet and if the said property shall be owned by an
estate, then to so state the description thereof as so owned
shall be sufficient, or if the name of the owner be unknovm,
then to so state shall be sufficient, and no error or mistake in
describing any property, or in giving the name of any owners,
shall in anywise invalidate or impair the assessment levied
hereby or the certificate issued in evidence thereof.
The said certificates shall further provide substantially
that if default shall be made in the payment of any installment
of principal or interest when due, then, at the opti~n of
Panhandle Construction Company, or its assigns, the whole of
the said assessment evidenced thereby shall at once become due
and payable, and ehall be collectible with reasonable attorney's
fees and costs of collection, if incurred. And eaid certificates
shall eet forth and evidence the personal liability of the
ovmers of such property and the lien upon such property, and
shall provide in eff~ct if default shall be made in the payment
thereof the same may be enforced either by the eale of the
property by the Tax Collector and Assessor of the City of
Lubbock, as above recited, or by suit in any court having
Jurisdiction.
The said certificates shall further recite in effect that
all proceedings with reference to making said improvements have
been regularly had in compliance with the law in force and
proceedings of the City of Lubbock, and that all prerequisites
to the fixing of the lien and claim of personal liability evidenc-
ed by such certificates have been regularly done and performed,
which recitals shall be evidence of the matters and facts so
recited, and no further proof thereof shall be required in any
court.
And the said certificates may have coupons attached thereto
in evidence of each or any of the several installments thereof,
or they may have coupons for each of the first five ·installments,
leaving the main certificate for the sixth.
Said certificates may further provide substantially that
the amounts payable thereunder may be paid to the Collector of
Taxes of the City, who shall issue his receipt therefor, which
receipt shall be evidence of such payment upon any demand for
the same, either by virtue of the said certificate or any
contract to pay the same entered into by the property ovmer, and
that the Collector of Taxes will deposit all sums so received
by him forthwith with the City Treasurer, and upon the payment
of any installment with interest upon the surrender of the
coupon therefor, receipted in full by said Contractor, or
other holder of said certificate, the City Treasurer shall pay
the amount so collected and due thereon to said Contractor, or
other holder, which coupons so receipted shall be the Treasur-
er's warrant for payment. And the said certificates shall further
provide in effect that the City of .Lubbock shall exercise all of
its lawful powers, when requested so to do by the holder of said
certificates, to aid in the enforcement and collection thereof,
and said certificate~y contain other and fUrther recitals
pertinent and appropriate thereto. It shall not be necessary
that said certificates shall be in the exact form as above set
forth, but the substance and effect thereof shall suffice.
IX.
The assessments levied by this ordinance for the inprove-
ments in each Unit are altogether separate and distinct from
assessments in each and every other unit. The assessments for
improvements in one Unit are in nowise affected by the im-
provements in or the assessments levied for the improvements in
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any other unit, and in mak ing and levying assessments the
costs of the improvements in each Unit, the benefits by means
o.f the improvements, a nd all other matters and things with
reference to t ~e improvements in each Unit, have been con-
sidered and determined altogether without reference to any
such matters in any other unit, and the omission of the improve-·
ments in any unit shall in no wise affect or impair the validity
of assessments for the improvements in any other unit. The
omission of imp rovements in any particular unit in front of
any property exempt from the lien of such assessments shall in
no wise affect or impair the validity of assessments against
other property in that Unit.
x.
No mistake, error, invalidity, or irregularity in the name
of any property·owner, or the description of ~Y property, or
the amount of any assessment, or in any othe~tter or
thing , shall in any wise invalidate or impair any assessment
levied hereby or any certificate issued, and any such mistake,
error, invalidity, or irregularity, whether in such assessment
or in the certificate issued in evidence thereof, may be cor-
rected at any time by the City.
XI.
All assessments levied are a personal liability and
charge against t ·he real and true owners of the premises des-
cribed, notwithstanding such owners may not be named, or may
be incorrectly named.
XII.
The present condition of said streets endangers health
and safety, and it is necessary that said improvements be
proceeded with while the weather will permit. and the construc-
tion of said improvements is being delayed pending the taking
effect of this ordinance, and such facts constitute and create
an emergency, and an urgent public necessity requiring that
the rules providing for ordinances to be read more than one
time, or at more than one meeting, be suspended, and that this
ordinance be passed as a~d take effect as an emergency measure,
and such rules are accordingly suspended and this ordinance is
passed as and shall take effect and be in force as an emergency
measure, and shall be in force and effect immediately from
and after its passage.
Passed and approved this ~ day of ~
A. D. 1927.
--~~-t:e~----------
Mayor, City of Lubbock, Texas.
ATTEST:
lf~a:z.=~~---
. City Secretary /