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HomeMy WebLinkAboutOrdinance - 423-1928 - Closing Hearing Levying Assessment Sidewalks On Broadway - 09/21/1928ORDINANCE NO. //' 'J-~ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CO?BTRUCTil~G SIDEWALKS ON 12TH STREET (BROADWAY) , BETWEEN AVENUE Q. AND COLLEGE AVENUE• IN THE TOWN OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLEC• TION <F SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF;, AND DECLARING AN EMER- GENCY. WHEREAS, the Cl ty Commission of the city of ~ubbock, Texas has heretofore ordered that sidewalks be constructed on 12fh Street (Broadway}, between Avenue Q. and College Avenue, in ace ordance with the plans and specifications prepared and filed by the City Engineer and approved by the City, and contract for the c onstruc- t ion of such improvements haa been let to j. B. Pryor&: Son; and, WHEREAS, the City Engineer prepared rolls or statements for the construction rof said sidewalks show- ing the amounts to be assessea against the various parcels of abutting property, and the owners thereof• and showing other matters and things; and same were examined byihe City Commission and approved, and a time and place was fixed fer the hearing to the owners of such abutting .!Prop- erty and to all others in anywise interested, and due and proper notice was given and such hearing was had and held at the time and place fixed, to-witt lt30 P.M., August 23, 1928, in the regular Commission meeting room in the City Hall . in the City of LUbbock, Texas, and at such hear- ing all desiring to be heard were fully and fairly heard, and the evidence was received and considered, and all pro- tests and objections made were considered, and said rear- ing was in all respects h~ld in the manner provided and required by the Charter a'nd law in force in this City, and by the proceedings of the City with referasce to such matters, and the following protests were made concerning the improvements aforesaid• namelyt _________ __,. _ _,.._,..• owning property fronting feet on said street in Lot __ _., Block , _ma_d_e_t~h~e-following protests& ----- and a~l objections and protests made were fully considered, and said hearing was continued from day to day and f rwm time to time, until this day, and the City aommission hav- ing fully and fairly heard all parties making any protests ! [) [ 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 the opinion that the following dispo- sition ahauld be made of such protests and objections, and that aesesamente should be made aa here ordained. THEREFORE, BE IT ORDAINED BY THE CITY COM- lll8SION @F TEE CITY OF LUBBOCK, TEXAS, THAT & (l) All protests and objections, whether they were specifically mentioned or not, shall be, and they are hereby overruled, and the said hearing is hereby closed. {2) The City Commission finds that the assess- ments here levied shall be made and levied against the res- pective parcels of property abutting upon said street, and against the owners of such property, and that such assess- ments are right and proper, and establish substantial jus- tice and equality and uniformith between the respective own- ers and respective property, and between all parties con- cerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in the enhanced value thereof by means of the improvement upon said street upon which the said property abuts, and for which assessment is levied, in a sum in excess of the assessment levied against same by this order, and further finds that the apportionment of the cost of improvements is in acaordance with the law and Char- ter in force in this City, and is in accordance w 1th the proceedings heretofore taken and had with reference to such improvements, and is in all respects val.id and regular. {3) That there has been and is hereby levied and assessed against the parcels of property hexeinbelow mentioned and against the real and true owners thereof, wheth- er or not such owners be correctly named herein or not, the sums of money below mentioned and itemized shown opposite the description of the respective parcels of propertyJ the descriptions of such property, the sever-al amounts assessed against a~me, and the owners thereof, being as follows (trere insert ccmplete copy Engineerta roll) (4} The total amount assessed against each parcel of property is the amount indicated in the appropriate column, such amo~nta being item1nd under other columns. (5) On or before the 10th day after the com- pletion and acceptance of the work the City Engineer shall make out and present to the Contractors an estimate showing aaid work ~ompleted and said sum of money shall be immedia'llely due and payable and shall thereafter bear interestact the rate of 7%'"per annum, together with reasonable attorneyts fees and costs of collection, if incurred, either at the suit of the City for the benefit of the contractor, or at the suit of the contractor in its own name. (6) That the several a·ums above mentioned assessed against said parcels of property and against the real and true owners thereof, and 7% interest from :na turi ty, together with reasonable attorney's fees and oosts of collec- tion, if incurrea. are hereby declared to be made a lien upon said respective parcels of property against which the same are assessed, and an personal liability against the ~eal and true owners thereof, and such liens shall constitute the first enforceable lien against the property assessed. (7) l'h.e fact that the present condition of the .. u L } streets is a danger to the health and safet-y, and that it is necessary that said sidewalks be constructed while the weather permits, and the c onstructionaf' said improvements is being delayed while this ordinance is taking effect, and such facts constitute an emergency and create a public ne- cessity requiring that this ordinance take effect from and after its passage, and it is so ordered. .AUguet , 1928. Passed and approved this the.Z f~ day of ATTEST: Mayor