HomeMy WebLinkAboutOrdinance - 452-1929 - Closing Hearing For Improving Portions Of 10Th St., Ave J & K. - 09/09/1929u
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FORM 14
Units 31 to 34 Inclusive.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
City On this, the .. _;!. ________ ,day of ____ -~--------, 19 .. ~
the Jllm;;m;;m'" Commissioners of the city of .... :JE~~-----~Texa.~,
in the above mentioned. county, convened in.. .. ---· ____ -----------·. ·-·-····-·····
··----------·-·----·-·--·-·-·---··session, in the regular meetin ., place
in said city, all members thereof, to-wit:
_!t:titlf~_Jh.yor
~;:!~-Commissioner
_ _...,,_ ___________ ~mmissioner
(k 1..,L.--?./4 -t~ _7 % ___ :__L_~--ommi es ioner
~--£.~! . ..: ~mmissioner
-------___ commissioner
_ ity Attorney
being present and passed the following ordinance:
ORDINANCE CLOSING HEARruG AND LEVYING ASSESSMENTS FOR
A PART OF THE COST OF IMBROVING PORTIONS OF TENTH STREET
AVENUE "K" AND AVENUE "J"", IN THE CITY OF LUBBOCK, TEXAS,
~ AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS , AND
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE
THEREOF, AND DECLARING AN EMERGENCY.
Commissioner ~~d that the ordinan.ze be
placea on its if~-~-:;~;d~ng; seconded by Commissioner 101
•·~
and carried by the f~~ ~
, A YE : ---·-i.·7"')·-·-·----~-..-.. -----·-·------------·-·-·-" . ·--~~ -·---------·-·-·--·-·-· ·----------··---·-·-·-·----·---·-·-------
NO: None.
Carried: Ordinance placed on first readini •
. Commissione~ov~d tha,t~ ord!_~~c•_ !:,ass
first reading; seconded by Comm1ss1oner .. 4-~; .. _______________ , and
carried by the following vote: ,
AYE:~~:: :_:==----------·-·--_--·--·
·------·--·--··-·-------·-·-----
NO: None.
Carried: Ordinance passed first reading.
J
(
Commissione .. ·•···-·---·-·-·-·-·•·-·-·-·--·--.. moved that the rules be susl:)ended
and tha~ the u nance~ced on second reading; seconded by
Cornmiss1.oner .. _ .... ·-·-·-·-·-·-·-·-·-·--and carried by the :fol .lowing vote:
AYE: .. ~---· ·--· .. •··-·-·-·-·---·---·-·-.. ··-··········
----~~ ·--' --···, ··-·-·-·-·-··········-··-·· _____ -4--~ --:~--.::=.:.1'.-~==---=---·-~----·----·--
NO: None •
. caLrdi"';nce placed on second reading.
C ommi s s i one r.·--·-·-·-·-···-·-·-·-·~··=··· ... .:1:' ........ nio ved t,h;,:"f7 the o rd · anc e pa.s s
second reading; .se c0nded by Cammi s s i one~·-·-···· ................................. _ ..... ..
and carried by the following vote:
AYE:.~-~~~~ ... ::= ..... ~ .... :::::". ..... -..
---···-··---·-·-·-·-·······------· .............................. _ ................ ..
NO: None.
ed: Ordinance passed second reading.
Commission ·-·-···--·-·····-···········-... _ . .moved that the r u les be suspended
and that the ordinance be ~eden ird an final rtading;
seconded by Commissioner.: .................................. ·-····-··· .......... nd r:arried by th~
following vote:
AYE:~~ ----·-···-·······--···-··--······-
._...z..=r ~ ····-····-·· ··-·-···-·-·-······---·····-·-···-·-·-······--
NO: None.
Ca~inan;e placed on third reading.
C ommi s s i ~=~,C:: ____ .. __ '.".mov ed that :Jic• o rd i nanc e pass
third and fin 1 e a · ~ and be fin~l l y ado~tert; se ~ocded by
Comrui s s i one . ·----·-··-·····-···· .. --.-· ···-•--·and ca r ri e b the f o 1 lowing vote: ,,.-
A
-·-···-··············-·····-l·-·--·-··
NO: None.
Carried: Ordinance passed third and final reading.
The Mayor then declared the ordinance finally passed.
The Ordinance follows:
r
If~
ORDlliANCE CLOSING REARING .AND LETTING ASSESSMENTS
FOR AP.ART OF THE COST OF IMPROVING PORTIONS OF
TENTH STREET , AVENUE "K" AND AVENUE ";rn , IN THE
CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF , AND
DECLARING 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 constructing storm. sewers,
raising, grading, and filling same, and installing concrete
curbs and gutters, and paving witrh 2-1/2 inch Vertical Fibre
Brick Pavement on Four Inch Concrete Base, together with neces-
sary 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:
and,
TEl!JTH STREET from the West property line of Avenue
"Q" to the East property line of College Avenue, lmown
and designated as Unit or District No. 31.
AVENUE "K" from the South property line of Thirteenth
Street to the North property line of Sixteenth Street,
lmown an.d designated as Unit or District No. 32.
AVENUE "K" from the South property line of Sixteenth
Street to the North property line of Nineteenth Street,
known and designated as Unit or District No. 33.
AVENUE"~" from the South property line of Thirteenth
Street to the North property line of Sixteenth Street,
known and designated as Unit or District No. 34.
WHEREAS, the 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 prop erty,
and the owners thereof, 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 or such abutting
property, and to all others in anywise interested, and due and
proper notice was given, and such hearing was had and held ue
time and place fixed theref~ to-wit, on.}!le di'~ day or
~A. _D. 1929, at / -o'clock, JC:__ •• , in the ____ .....
\:%, ~ -In the City of Lubbock, Texas,
and at such hearing all desiring to be heard were fully and fair-
ly heard, and evidence was received and considered and all. pro-
tests 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 a nd by the proceedings of
the City with reference to such matters, and the following pro-
tests were made concerning the improvements in the units indicated>
namely:
_,_ ____ !J;_~~r,,a__.....-1,._ ___ ..,,.,.-'a owning property fronting
feet on '") Street ,41n Block _____ ,
_U_n_i_t__ , pro tested that/. ...a....--------
0
..,,...._,,. ________ _,_"--' owning property fronting-----feet on __ __,. ______ Street, in Block ____ , Unit ___ ,
protested that:
~ , owning property fronting ____ --_-_-_-_::-r~e-e~t-o_n ______ , ______ Street, in Block ____ ,
Unit ____ , proteste~ that:
~ , owning property fronting
feeton\ street, in Block , ~U~n-i~t--__ -_-_-_-_, protes~t-e~d-~t~h-a~t_:_____ -----
I
Unit ----
Unit ---
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And all objeotions and protests made were fully con-
sidered 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 considered all
matters presented for consideration, and having fully considered
all the evidence, and all pertinent and proper matters, is o~
opinion that the following disposition should be made of such
protests and objections, and that assessments should be IIE.de as
herein ordained:
THEREFORE, BE IT ORDJ.INED BY THE C rry co:MMISSION
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,
1s hereby closed.
II.
The City Commission, from the evidence, finds that the
assessments herein levied shali be made and levied against the
respective parcels of property abutting upon the said portions or
streets, and against the owners or such property, and that such
assessments are right and proper end establish substantial jus-
tice 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 assessed is special-
ly benefited in the enhanced value thereof by means of the improv~-
ment in the Unit upon which the particular property abuts, and for
which assessment 1s 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 improvements is in accordance
with the I.aw and Charter in force in this City, and is in ac-
cordance with the proceedings heretofore taken and had with ref-
erence 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 or property hereinbelow mentioned and
against the real and true owners thereof, whethe·r 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 property; the descriptions of such prop-
erty, the several amounts assessed against same, and the owners
thereof, being as follows:
(Here insert complete copies or the Engineer's rolls
or statements as corrected, if any corrections are
made, being sure to correct the names wherever there
has been any error, descriptions and amounts wherever
there has been any error, as well as all other errors).
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IV.
That the as s essments so levied are for the improvements
in the particula r Unit upon which the property described abuts,
a nd the assessments for the improvements in one Unit are in no-
wise relat6d 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 improvements in one Unit have been in
nowise affected by any fact in anywise connected with the improve-
ments, or the assessments therefor, in any other Unit.
v.
That the several sums above mentioned asse·ssed against
said parcels of property, and against the real and true owners
thereof, and interest thereon at the rate of 7% per annwn, to-
gether with reasonable attorney's fees and costs of collection,
if incurred, are hereby declared to be and made a lien upon the
respective parcels of property against which the same are as-
sessed, and a personal liability and charge against the real and
true owners thereof, whether or not such owners be correotly
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 assessed aball 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 or the improveme nts 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 cm. or before two years from said date or comple-
tion and acceptance, the fourth installment due on or before
three yeqrs from said date of completion and acceptance, the
fifth installment 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 accept·ance;
and such assessments s h all 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 o f 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 installment·s,
and with interest :rrom 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 accrued interest, and provided fur-
ther that if default shall be made in the payment of any install-
ment promptly as tµe same matures, then the entire amount of the
assessm~nt u pon which such default is made shall, a t the option
of Panhandle Construction Company, or its assignsi be and become
immediately due and payable, and shall be collectible with reason-
able attorney's fees and costs of collection, if incurred.
VI.
The City of Lubbock shall not in any manner be liable
for the payment or any sums hereby assessed against any property
and the owners thereof, but said Panhandle Construction Com pany
shall look solely to said property, and the owners thereof, for
payment or the sums assessed aga inst the respective parcels of
property; but said oi t:y sball exercise all or its lawful powers
to aid in the enforcement and collection of said liens and assess-
ments, and if default shall be made in the payment of any assess-
ment collection thereof shall be en:t'orced either by sale of the
property by the Tax Sollector and Assessor of the City of Lubboc~
as n ear as possible in the ma nner provided for the sale of prop-
erty for the non -p a yment of ad valorem taxes, or, at the option
of Panhandle Construction Company, or its assigns, payment of said
sums shall be enforced by s uit in any court having jurisdiction.
-.
VII.
For the purpose of evidencing the several sums assessed
a gainst the said parcels of property, and the owners thereof,
and the time and terms of payment, and to aid in the enforcement
thereof, assig nable certificates shall be issued by the City of
Lubbock upon the completion and acoep.itance of the work in each
wiit of improvement as the work in such unit 1s completed 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 improvements for which the
certificate is issued, and shall contain the name or the owner as
accurately as possible, and the description or the property by
lot and block number, or front feet thereof, or such other de-
scription as ma.y otherwise identify the same, and if the said
property shall be owned by an estate, then to so state the de-
scription thereof as so owned shall be sufficient, or if the name
of the owner be unknown, 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 rurther provide substantial-
ly that if default shall be made in the payment of any installment
or principal or interest when due, then, at the option of Pan-
handle Construction Company, or its assigns, the whole of the
said assessment evidenced thereby shall at once 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 ownir s
of such property and the lien upon such property, and shall pro-
vide in effect it default shall be made in the payment thereof
the sBillle 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 shall further recite in effect
that a1i proceedings with reference to making said improve.rrents
ha~e 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 evi-
denced by such. certificates have been regularly done and per-
rormed, which recitals shall be evidence or the matters and
facts so recited, and no further pt':Oof thereof shall be required
in any court.
And the said certificate~ 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 Collec-
tor or 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 enter&d into by the property o,mer,
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 installillent 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 Treasurer's warrant for
payment. And the said certificates shall further provide in
effect that the City of Lubbock sbali exercise ali of its lawful
powers, when requested so to do by the holder of said certifi-
cates, to aid in the enforcement and collection thereof, and
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said certificates may 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 tlle
substance and effect thereof shall suffice.
VIII.
The assessments levied by this ordinance for the improve-
ments in each Unit are altogether separate and distinc·t from.
assessments in each and every other unit. The assessments for
improvements in one unit are in nowise affected by the improve-
ments 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 or the
improvements, and all other matters and things with reference
to the improvements in each Unit, have been considered and de-
termined altog ether without reference to any such matters in any
other unit, and the omission of the improvements in any unit shall
in nowise affect or impair the validity or 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 nowise affect or impair the validity
of assessments against other property in that unit,
rx..
No mistake, error, invalidity, or irregularity in the
name or any property owner, or the description of any property,
or the amount of any assessment, or in any other matter or
thing, shall in anywise 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.
x.
All assessments levied are a personal liability and
charge against the real and true owners of the premises describ-
ed, notwi thstandin.g such owners may not be named, or may be in-
correctly named.
xr.
The present condition or said streets endangers health
and safety, and it is necessary that said improvements be pro-
ceeded 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 ord:1nances to be read more than one time,
or at more than one meeting, be suspended, and that this ordi-
nance be passed as and take effect as an emergency me~sure, 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 innnediately from and
after its passage.
PASSED AND APPROVED this f ;d.:;--aay
A.D. 1929.
Mayor, City
A.TTESTt