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HomeMy WebLinkAboutOrdinance - 443-1929 - Levying Assessments For Improving Ave G - 05/17/1929LUBBOCK FORM NO. 14 THE STATE OF TEXAS COUNTY OF LUBBOCK • . ✓ .... I the ~t.f On this, the.·-····-·-·-····-··day of .................... : ... ~ ............ 1 19.2.~., Commi ss i one rs of the city of ..•. Lu.bb.o.o.k ............ , Texaf'!, in t ~e above mentioned county? convened i n ... L ........... -...................................... . ··•·--·-···-·-·--·-·-···-·-·-·-· .. ·-·-···-.. ··-.. ·-·· s e s s 1 on I in the re gu 1 a r meet i ng p 1 a c e in said city. all members thereof, to-wit: l ~ ··----'----·------·-----Mayor ·----·--·-·--·--·-·--Commissioner , ____ .;. ____ ., ... --·---·C ommi s a i oner _____________ Commissioner ·-----·--·-------·-··Commissioner -------·-·--·-·---·---Commissioner ·-·-·--·---·-·-·-·-·--·----·--City Secretary ___________ City Attorney being present and passed the following ordinance: ORDINAliOE CL8S1NG HEARING Alm ~EV'tING ASSESSMENTS FOR PART OF THE COSTS OF IMPROVING A PORTION OF AVENUE G, KNOWlV AS UNIT 19, IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF AS- SIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EMERGENCY. Comm is s i one r ..•.. ·-·-·-·-··-·---.... -...... -.......... _ . .moved that the o rd inan c e be p lac ea. on its first reading; sec ended, by Commissioner ... ·-·-·-• .. ·----·-·- and carried by the following vote: A YE : ---···-·-·-·-·-i-·-.' -· · ·-·-·-·-·-·-·-·-·· ___ .......... ----·----- ·-·-·--·--·-·-·--·-·-·-·-··-·--·-·---....... --,·-···--·------- ......... -........ ,--·-·•·--·-·-··-·-·-·-.. ··-·--·------- NO: None. Carried: Ordinance placed on first readini. Comm i s s i oner .. -·--··---·-·-· .. ··--·····---·-·-·-·--·.moved that the o rd i nan c e pas s first reading; seconded by Cammi s s i oner ................................................ -.. , and carried by the following vote: AYE: ... ·-·---·····-·-·-·-·---·-·-··-----·----··-·-·-·· --·--·----·--·-·-·-·-·····-· .. ---.. ·-·-······ .. ·-· .. ···-····-·-·---- ··--·-·---·-·-·-·-----. ··--··-·-·---·---·-··--- NO: None. Carried: Ordinance passed first reading. J Commi ss i oner.·-·-·-·-·-·-······--·-·--·-···-······-.. a,oved that the ru 1 es be suspended and that the ordinance be placed on second reading; seconded by Commissioner ....•.•. -···-···-·······-·-·-·--···-···-··and carried by t he following vote: A YE:·-·-·-·-.. ··-·-·--·-·---·-,--- --·--·--·-,---- NO: None. Carried: Ordinance placed on second reading. Commissioner ................. -·-·-·-.......................... lTOVed tha 1: t he ord ir.ar,r: P pass second reading• sec1.mded by Commi s s i oner ..................................................................... .. and carried by the following vote: A YE:··------·-·---··-·-··--·······--·-·--·--·-·-·-··-- ·---·-·-···········-··---·-·---··-·· ......... ---·--··-···-·-·-·--····-···-·"·" .. NO: None. Carried: Ordinance passed second reading. Commissioner .................. -................. , .... moved tha~ "':h s r •..:i les be suspended and that the ordinance be pla~ed oc thiri a ~d f :n a l r e s di n g; seconded by Comrr.issioner ............................................................. and '•ftrried by the following vote: AYE: .. _, __ ·-·----.. ··-·-·-·-·-·--.. ···-·-···-···-··------- ••-•-•uh••-•-•-• •u---•--•-•-•-•-•-• ._ •••• • ••-•-• -•n • -•-•.., •-•-• h •••• H •-•-•-• -•-••• •-•n r• NO: None. Carried: Ordinance placed on third reading. Comrr.i ss i oner .. ··-·-···-·-··--·---·-·-·-.... ---.. -···-·-·· .. moved ~h~ t "':l-:. ,. "rd i nar:.c e p~e s third and final r e ading and. t.e firnl 1y :1.d::-c tes; S S -~OLdt::d L,y Comruissioner ..................... -..................... a•,:i ca ried by the following vote: A YE : -----·-·······-·---.. ---·-.. --·-··•···---·-·-·-·-····-·--- .-.. •-•-•-•-•-•-•-•-•-•--•--•-n•• .. ••••-•-••••• ... ,--• ... •-•-•-•-•-••••-•-n••--•h••••-•-•-•-•--•• NO: None. Carried: Ordinance passed third and final reading. The Mayor then declared the ordinance finally passed. The Ordinance follows: : ) LUBBOCK FORM NO. 14- , cun1t 19} ORDINANCE CLOSING HE.A.RING AND LEVYING ASSESSMENTS FOR A PART OF THE COSTS OF IMPROVING A PORTION OF AVENUE G, DESIGNATED AS UWIT 19, IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR TEE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGN- ABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EMERGENCY. WHEREAS, the City Commission of the. City of Lubbock has heretofore ordered that the below mentioned portion of Avenue G in said City be improved by raising, grading and filling and paving with No. 1 2-1/2 Inoh Vertical Fibre Brick on 4-Inch Con- crete base and installing concrete curbs and gutters, wi-th nec- essary incidentals and appurtenances,and constructing storm sew- ers and drains where provided in the plans and specifications, all as provided in the specifications prepared by the City En- gineer now on file with said City; and contract for the making and oonstruotion of such improvements was let and entered into with the Panhandle Constru.otion Company, said portion of said Avenue being as follows: and AVElmE G from its intersection with the South Pro- perty ~ine of Thirteenth Street to its intersec- tion with the South Property Line of sev~nt~enth Street, known and designated as Unit or District No. 19. WEEREAS, the City Entineer prepared rolls or statements for the improvements in said unit showing the amount to be as- sessed against the various parcels of abutting property, a.nd the owners thereof, and showiDg other matters and things; and same were examined by the City Com.mission and approved, and a time and plaoe were fixed for a hearing to the owners of such abutting j property and to all others in any wise interested,and due and pro- per notice was given and such hearing was had a~d held at the time and place fixed therefor, to-wit: On the ___ day of May, A. D. 1929, at ____ 0 1 clock, M. in the . in tliirCi ty of Lub ... b_o __ c,...k-, ...,T_e __ xe._s_, __ ~a~n"'ll'd~art~su--o~h~hr-e~a--r-,1..-ng...._~a"""I"""'l~d .... e ... e"""'lring to be heard were fully and fair- ly heard, and evidence was received and considered and all pro- tests and obJeotions ma.de were constdered, and said hearing was in a1l 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 such matters, and the following protests were made concerning the improvements in the unit in- dicated, namely: feet on unit -----prot_e_s ... t-e~a-t~hr-a~t~:-- feet on Unit · prot_e_s ... t_e.,,.d_t,..h,_a_t.,.:------- -l- owning property fronting Street, in Block ---- owniDg property fronting Street, in Block ---- -1 -~ 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 de- siring to be beard, and having :tully considered all matters pre- sented for consideration, and having fully considered the evi- dence, and all pertinent and proper matters, is of the opinion that the following disposition should be made of such protests and obJeotions, and that assessments should be made as herein ord'a.ined: TEEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CI TY 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 eata 'lllltt-d s Mrebt : closed. II. The City Commission, from the evidenoe, finds that the assessments herein levied shall be made and levied against the respective parcels of property abutting upon the said portion of said avenue and against the owners of such property, and that such assessments are right and pr~per and establish substantial Justice and equality and uniformity between the respective owners and respective properties, and between all parties concerned, considering the benefits received e.nd burdens imposed, and fur- ther finds that in each oase the abutting property assessed is specially benefited in the enhanced value thereof by means of the improvement in the unit upon which the particular property abuts, and for which the assessment is levied, in a sum in excess of the assessment levied against same by this ordinanee, and further finds that the apportionment of the cost of the improvements is in aocordance with the law and oharter in force in this city, and is in accordance with the proceedings heretofore taken and had with referenoe to such improvements 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 against the real and true owners thereof, whether such owners be correct- ly named herein or not, the sums of money below mentioned and itemizei shown opposite the descriptions of the respective par- cels of property; the descriptions of such property, the several amounts assessed against as.me, 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 ha.a been any error, desoriptions and amounts wherever there has been any error), -2- IV, That the assessments so levied are for the improvements in the partiou1ar unit upon which the above descrip ed property abuts and the assessments for the improvements in said unit are in no wise related to or connected with the improvements in any other unit or district in said city and in making the assess- ments and in holding said hearing, the amounts so assessed for the improvements in said unit have been in no wise affected by any fact in any wise connected with the improvements,or the as- sessments therefor,in any other unit. The total amount assessed against each parcel of property is the amount tnitioated in the appropriate column, such amounts being 1 temized under other columns. · v. That the 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% per a.Mum, to- gether with reasonable attorney's fees and costs of collection, if' inCUl'red, are hereby declared to be and made a lien upon the respective parcels of property against which the ea.me are as- sessed and a personal liability and charge against the real and true owners thereof, whether or not such owners be correctly named herein, and such liens shall be and constitute the first enforceable claim against the property assessed, and shall be a first and paramount lien, superior to all other liens and claims, except state, county and municipal taxes, and the sums so assess- ed, shall be payable as follows, to-wit: In six equal installments, the first payable on or be- fore 10 days after the completion and acceptance by the said City of the improvements 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 in- stallment due on or before two yea.rs from the date of c omple- tion and acoe_ptanoe, the fourth installment due on or before three years from said date of completion and acceptance, the fifth installment due on or before four years from said date of oompletion and aoceptanoe,.and the sixth installment due on or before five years from said date of completion and aooeptanoe; and such assessments shall bear interest from the date of such completion and aoceptanoe at the rate of 7% per annum, payable annually with each installment, so that upon completion and acceptance of the improvements in a partioo.J.ar unit assessments against the property abutting upon such completed and accepted unit 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 off the en- tire assessment, or any installment thereof, before maturity, by payment of principal and aocru.ed interest, and provided further that if default shall be ma.de in the payment of any installment promptly as the same matures, then the entire amount of the as- sessment upon which suc-h default is made shall, at the option of Panhandle Construotion 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. VI. The City of Lubbock shall not in 8.J:JY manner be liable for the payment of any sums hereby assessed against aey property and the owners thereof, but said Panhandle Construction Company shall look solely to said property, and the owners thereof, for pay- ment of the sums assessed against the respective parcels of pro- perty, but said City shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and assess- -3- ments, and if default shall be made in the payment of any assess- ment,colleotion thereof shall be enforced either by sale of the 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, pay- ment of said sums shall be enforced by suit in any Court having Jurisdiction. VIl. For the purpose of evidencing the several sums assessed against the said parcels of property, and the owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Lubbock upon the completion and acceptance of the work in said unit of improvement as the work ia said unit is completed and accepted. which certificates shall be exeD"Uted by the Mayor in the name of the City, attested by the City Secretary with the corporate seal, and shall be payable to Panhandle Conatruotion 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 improvements for which the cer- tificate is issued, and shall contain the name of the owner as accurately as possible, and the description of the property by lot and block number, or front feet thereof, or such other des- aription as may otherwise identify the same, and if the said pro- perty shall be owned by an estate, then to so state the descrip- tion thereof as so owned shall be sufficient, or if the name of the owne.r be unknown, then to so ·state will 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 option of Pan- handle Construotion Company, or its assigns, the whole of the said assessment evideneed thereby shall, at onee become due 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 I o:f such property and the lien upon such property, and shall pro- vide in effect if default ehal.l 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 Juri~diction. The said oertifioates shall f'u.rther recite in effect that all proceedings with reference to making said improvements have been regularly had in compliance with the law in force and pro- ceedings of the City of Lubbock, and that all pre-requisites to the fixing of the lien and claim of personal liability evidenced ~~~ by such certificates have been regularly done and performed, which recitals shall be evidence of the matters and facts so re- cited, and no further proof thereof shall be required in any court. And the said certificates may have coupons attached there- to in evidence of each or a:cy of the several installments thereof, or they may have coo.pons for each of the first five installments, leaving the main certificate for the sixth. Said certificates ms.y :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 contrac t to jay the same entered into by the property owner, and that the -4- I ~ Collector of taxes will deposit aJ.l sums so received by him forthwith with the City Teasurert and upon the payment of any installment with interest upon the surrender of the coupon there- for, receipted in full by said Contractor, or other holder of said oert1f1oate, 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 Treasurer's warrant for payment. And the said certificates shall further provide in effect that the City of Lubbock shall exerciae all of its law- ful powers, when requested so to do by the holder of said cer- tif1oates, to aid in the enforcement and collection thereof, and said certificates ma.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. VIII. The assessments levied by this ordinance for the improve- ment in said unit 19 are a.11 together separate and distinct from assessments in eaeh and every other unit in said City mention- ed in any prooeed~ngs authorizing the improvement of such Avenue G. The assessments for improvements in any other unit mention- ed in such prooeedings are in no wise affeoted by the improve- ments in or the assessments levied for the improvements in any other unit; and in making and levying assessments, the oosts of the improvements in each unit, the benefits by means of the im- provements, and all other matters and things with reference to the improvements in each unit, have been considered and deter- mined altogether without reference to any such matters in any other suit, and the omission of the improvements in aey unit shal.l in no wise affect or impair the validity of assessments for the improvements in any other unit. The omission of im- provements in any particular unit in front of any property ex- empt from the lien of such assessments shall in no wise affect or impair the validity of assessments against other property in that unit. IX. No mistake, error, invalidity, or irregularity in the name of any property owner, or the description of any property, or the amount of any assessment, or in any other matter or thing, shall in any wise invalidate or impair aiw 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 corrected at any time by the City. x. All assessments levied are a personal liability and charge against the real and true owners of the premises described, not- withstanding such owners may not be named, or may be incorrect- ly named. XI. The present condition of said avenue 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 ta.Jcing effect of this ordiDanoe, and suoh facts constitute and create an emergency, and j an urgent public necessity requiring that the rul.es providing for -5- I 7 ordinance to be read more than one time, or at more than one meeting, be suspended, and that this ordinanoe be passed as and take effect as an emergency measure, and such rules are accord- ingly 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 APPROVEDt This ----day of May, A. D. 1929. Mayor, City of Lubbock, Texas. ATTEST: -6--------------------'