HomeMy WebLinkAboutOrdinance - 397-1927 - Levying And Assessment For Improving 19Th St - 10/27/1927u
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LUBBOCK NEW FORM 1 2 •
THB STATE OF TEXAS
COUNTY OB' LUBBOCK
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·---·-·--.A lderma.n
. ..if..~-;,zz_~City Secretary
.. -e=-£.£..~---·----·-.. City Attorney
being present and passed the following ordinance:
ORDI~1ANGE CLOSil{G llEARI NG AND LEVYUJG ASSESSTu:El\TS
FOR A PART OF THE COST OF IMPROVING A PORTION OF
NINETEENTH STREET, AND SUIWRY OTHER STREETS AND PLACES,,
IN THE CITY OF LUBBOCK, TEX.AS, AND IROVImNG FOR THE
COLLECTION OF SUCH ASSESSMENTS, Al~D FOR THE ISSU.Al'JCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF , AND
DECLARING AN EMERGENCY.
NO: None.
Carried: Ordinance placed on first reading.
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NO: None.
Carried: Ordinance passed first reading.
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A.l:d:at ma,.t-:-_. ___ ~4-.~~~!L.:~oved that the rules be suspended
~d tha~ t~ance b£laced on second reading; seconded by
IIB&;;r; • :~ . .t!-. -·-·-··and. carried by the following vote:
ATE:dt_~d£:z_~
NO: None.
, .Carried: Ordinance placed on second reading.
~ ... ,.,. ,.. 9h 1'!.1•~ce..,/ 9.~ ..... -e..i:.,,, .
ltldet me.'1'1' ~-~·-:;r'i\it··-··moved that the ordinance pass
Be c ond reading; sec ended bAitiirt..:::~~ .. ~-'.7.-~!~ .. ~~-·-·--
and carried by the following vote:
AYE:.~~:-;z ... &#~----··
··-·-·+ .. . . -·-·· ~~·=·-·-·--·· . --~-----..-..-·----·· ··-------·-·-·---------·-·-·-·-·-·-·--·-··
NO: None.
Carried: Ordinance passed second reading.
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NO: None.
~~ed: Ordinance placed on third reading.
I Ala:erma,,n., ..... ~ ~L .. moved that the ordinance pass
ird and fioal ~~;;_--;·~~d.._..b;·-·fenally adopted; seconded by
······--·····-······~~····and carried by the following vote:
AYR~-/·····•-·0::-~·-·-·-·-r -·-·-·· if~~----·-·· . .a/~-·-···--··
·---···-·····---·-····--···· ······-······-·-·-···--· , __
NO: None.
Carried: Ordinance passed third and rinal reading.
The Mayor then declared the ordinance finally passed.
The Ordinance follows:
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LUBBOCK IIBN FORM NO. 12.
t?~~~~~,D
ORDINANCE CLOSING HEARING AlID IEVYING ASSESSMENTS
FOR A PART OF THE COST OF ThrPROVING A PORTION OF
NINETEENTH STREET, ilTD SUNDRY OTHER STREETS AUD PLACES
IN THE CITY OF LUBBOCK, TEXAS, .AHD PROVIDING FOR TEE
COLLECTION OF SUCH ASSESSMENTSs-AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND
DE CLAR n:G AN EMERGENCY.
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 raising, grading and filling, and
installing concrete curbs and gutters, and paving with 2-1/2
inch Vertical Fibre Brick Pavement on 4 inch Concrete Base,
together with necessary incidentals and appurtenances, all as
provided -in the specifications prepared by the City Engineer,
now on file with said city; 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:
NINETEENTH STREET, from the center line of the intersection
of Avenue M to the center of the intersection of Avenue N,
from the South, lmown and designated as District or Unit No. 13.
AVENUE N, from its intersection with the North line of
Twenty Third Street to the center of the intersection of Nine-
teenth Street from the East, known and designated as Unit or
Di strict No. 14.
EL T"MiA AVENUE, from its intersection with the South curb
line of Nineteenth Street to its intersection with the South
property line of Twenty First Street, knovm and designated as
District or Unit No, 15,
AVENUE J, from its intersection with the North pl'Operty
line of Tenth Street to its intersection with the North property
line of Ninth-Street, known and designated as Unit or District
lfo. 16 •
AVENUE J, from its intersection with the North property line
of Ninth Street to its intersection with the North property line
of Fifth Street, known and designated. as Unit or District Ho .17 •
.A VEIJUE J, from its intersection with the !forth _prOJperty
line of Fifth Street to its intersection with the South prop erty
lin e of Fourbh Street, known and designated as Unit or nistrict
Mo. 18.
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and,
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WHEREAS, the City Engineer prepared rolls or statements
for the improvements in each Dist rict 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 s h owi n g other matters and things; and
same were exami n ed by t h e City Commission and approved, and a
time and place was fixed for a he a ring to the owners of such
abutting prop erty, and of such railways or street railways, and
to all othe rs in anywise interested, and due and proper µotice
was given, and such h e a ring was had and held at the time d
place fixed t h erefor, to-wit, on the ;27 day of.~et::~~~u::....,,
A. D. 1927, a t :oo o'clo c k , M.,ifii the,~~::;t:~~~~..?--, i n t h e ,
de 1r1n to be h rd were fully
y heard, and evidence was received and considered and
protests and objections made were con sidered, 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 refere n ce to such ma tters, and
the following protests were made con cerning the i mp rove ments
in the units indicated, namely:
ULL m~-1/&:.s ' own ing prop e r t y fr on t ing· /S-o
feet on ~-..-y_ Stre~t/ in Block ,2 , Unit
fu 2:::7:ii:.1~ ~rrr
,i9 ~;; /Y , owning property fronting 7/. f:13
feet on >&;;.,;m--= · ___ Street , in Block 22,L , Unit
J.3 , pro este 13:bat: ~ ~ ~ ~
~~?t# ~~~ .t,r--7
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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 that the following disposition
should be made of such protests and objections, and that assess-
ments should be made as herein ordained:
THEREFORE' BE IT ORDAI NED BY THE CITY coi:::.rr ss ION
OF THE CITY OF LUBBOCK, TEXAS: TF...AT,
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 stree ts, and again st 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 substan tial
justice and equality and uniformity between the respective
owners and respective 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 improvements in the Cnit upon which the particular p ro p erty
abuts, and for wh ich assess ment is levied, in a sum in excess of
the assessment levied against same by this ordinance, and further
finds that t h e apportionmen t of t h e cost of the improvements is i ~
accordance with the law and c harter in force in this city, and
is in accordance with t h e proceedings heretofore taken and h ad
with refere n ce to such improve ments, and is in all respects valid
and regular.
III.
That there s h all be and is hereby levied and assessed
against the parcels of property hereinbelow mentioned and against
the real and true owners thereof, whether such owners be correctly
named h erein or not, the sums of money below mentioned and
itemized shown opposite the description of the respective parcels
of property; the descriptions of such property, the several
amounts assessed a gainst same, a n d the owners thereoft being
as follows: ✓
(Here i n s e rt co mple te copies of the Engineer's rolls or
statements as corrected., if any correct ions are made, being sure
to correct the names wherever there has been any error, des-
criptions and amounts wherever there has been any error, as well
as all other errora).
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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 a:ny other
Unit, and in making assessments and in holding said hearing the
amounts so assessed for imnrovements 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 a mounts
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, turnouts, and switches, 1
and two feet on each side thereof, and the sum so assessed is the
cost of the improvements in such area.
v.
The sums assessed against railways and street railways for
work between rails and tracks, double tracks, turnouts, and
switches, and two feet on each side thereof shall be and are a
special tax upon such railways and street railways, and their
roadbeds, ties, fixtures, rights, and franchises, which tax
constitutes a lien thereon, which is superior to any other lien
or claim, except state, county and IIrui.nici_pal 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 court having juris-
diction. The said sums so assessed against railways and street
railways shall be and become due and payable upon estimates as
the work progresses, as follows:
On or before the 10th day of each month after the
commencement of the worlc, the City Engineer shall make out and
_present to the Contractor constructing said improvements, an
estimate showing the amount due for work done between rails and
tracks, double tracks, turnouts 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 im9rovements in a
particular unit, the remaining portion of all of said estimates
for such work in such unit shall be inm1ediately 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, either0 ~t the suit of the
City for the benefit of the contractor,/at the suit of the
Contractor in 1tx own name in any court having jurisdiction.
VI.
That the several sums above mentioned assessed a g ainst
said parcels of property, and again st the real and tru.e owners
t h ereof, and interest thereon at t h e rate of ?fa per annum,
together with reasona ble attorney's fees and costs of collection,
if incurred, are hereby declared to be a n d made a lien upon the
respective parcels of property a g ainst wh ich the same are
assessed, and a personal liability and cha rge a g ainst t h e real
and true ovmers thereof, whether or not such owners be correctly
named herein, and such liens shall be a n d constitute the first
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enforcible claim against the property assessed, and shall be a
first and paramount lien, superior to all other liens and
claims, except state, county and Ilnlnicipal taxes, and the sums so
assessed 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 im prove ri1e11ts in the unit upon which the i:articular _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 two 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 shall bear interest from the date of such completion
and acceptance at the rate of 7fo per annum, payable annually
with each installme n t, so t h at upon completion and acceptance
of the improve me n ts in a p articular unit assessments against
the property abutting upon s u ch completed and accepted untt shall
be and become due and payable ib such installments, and vvi th
interest from the date of s u c h co mpletion and acceptance, pro-
vided that any O\~mer sha ll have the right to pay off the eDtire
assessment, or any installment t h ereof, before maturity, by
payment of principal and accrued interest, and provided further
that if default shall be made in the payment of any installment
p romp tly as t h e 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-
sonable 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 owners thereof, but said Panhandle Construction Comp any
.shall look solely to said property. and the owners thereof, for
payment of the sums assessed against the respeetive pa.reels
of property; but said cit~ 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
the 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 evidencin g the several sums assessed
against the said p arcels of p rop erty, and the owners thereof,
and the •tir-e a n d terms of payment, and to aid in the enforcement
thereof, assig nable certificates s h all 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
Kayor in the name of the city, attested by the City Secretary
with the corporate seal, and shall be payable to Panhand1e
Construction Company, or its assigns, and shall ~eclare the
said amounts and the time and. terms of payment and rate of
interest and date of completion and acceptance of the improve-
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ments for which the certuficate is issued, and shall contain
the name of the owner as accurately as _possible, and the des-
cription of the property by lot and block number, or front feet
thereof, or such other description as may otherwise identify
the same, and if the said property sh.all 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 u.nlmown,
then to so state shall be sufficient, and no error or mistake in
describing any pro,perty, or in giving the name of any owners,
shall in anywise invalidate or impair the assessment levied
h ereby or the certificate issued in evidence thereof.
The said certificates shall further provide substantially
that if default shall be ~~de in the payment of any installment
of principal or interest when due, then, at the option of
Panhandle Construction CoI".lpany t or its assigt1s, the whole of
the said assessment evidenced thereby shall at once become d u e,
and payable, and shall be collectible with reasonable attorney's
fees 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 property, and
shall provide in effect if default shall be made in the payment
thereof the same may be 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
jurisdiction.
The said certificates s h all furth er recite in effect t h at
all proceedings with referen ce to making said improvements have
been regularly had in compliance with the law in force and
proceedings of t h e City of Lubbock, and that all prerequisites
to the fixing of the lien a n d 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 furt h er proof t h ereof shall be required in any
court.
And the said certificates may have coupons attached thereto 1 in evidence of each or any of the several installments thereof,
or they may have coupon s for each of the first five installments,•
leaving the main certifica te 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, v1hich
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 owner, 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
c oupon t h erefor, receipted in full by said Contractor, or
other holder of said certificate, the City Treasurer shall p a y
the amount so collected and due thereon to said Contractor. or
other holder, which coupons so receipted shall be the TreasurG
er's warra nt for payment. And the s a id certificates sha ll 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
certificate, to aid in the e n forcement and collection thereof,
and said certificates may contain other and further recitals
pertinent and ap _p r opriate t h ereto •. It shall not be necessary
that said certifica tes sha ll be i n the exact form as above set
forth~ but t h e s u bstance a nd effect t hereof s h all s u ffice.
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IX.
The assessments levied by this ordinance for the improve-
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
any other unit, and in making and levying assessments the costs
of the improvements in each unit, the benefits by means of the
improvements, and all other matters and things with reference to
the improvements in each unit, have been considered and de-
termined altogether without reference to any such matters in
any other unit, and t h e omission of the improvements in any unit
shall in no wise affect or impair the validity of assessments for
the improvements in any other unit. The omission of improvements
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 descripti0n of any property, or
the amount of any assessment, or in any other matter or
thing, shall in any wise invalidate or impair any assessments
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 the real and true owners of the premises des-
cribed, notwithstanding such ow1 1ers 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 construction 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 •ore than one time, or at more than
one meeting , be suspended, and tha t this ordinance be passed as a n d
take effect as an emergency measure, a n d such rules are accord-
ingly suspended and this ordinance is passed as and shall take
effect and be in force as an e n ergency measure~ and shall be
in force and effect immediately from and after its passage.
Passed and approved t h is fs;Z.._day of ~,192 7.
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l\;ayor, City of Lubbock, Texas.
ATTEST:
Jf-c<Z:?n~
City Secretary. /