HomeMy WebLinkAboutOrdinance - 462-1930 - Closing Hearing Reassesment Cost Improving 10Th St. And Ave K & J - 01/23/1930LUBBOCK REASSESSMENT FORM NO. 3 ,
Units Nos. 51, 32, 33 and 34.
THE STATB OF TEXAS :
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COUNTY OF LUBBOCK OI-Z3-193o
,.,
,City On this, the . .Z.~ .. day o~ -~d--·----• 19.Y,
the fbt>Nilhd.,.Commission~of the ity ol2t~b.1;9.~~i ............. , TexaA,
i the bove mentioned county, convened in.·-····-----······················---·-·······-.. -·--------·
'·'IC"-'~~;..ar.~.----·-·-·-·-·-·-·-·-·-·-·-·-·-··s e s s ion , in the r e gu 1 a r mE'! e t i n~S place
city, all members thereof, to-wit:
--A·---------·-------·--·-·--·...Mayor
__ U!_tj/ __ .jf~dcommissioner
~-·--~v·-·-:;;t'.:--·~-.Comm~ssioner
.. ~ ... ~---------~--Comml s s ioner
. .f,7J:6..Z~~ _;_"-.. Commissioner
··-·----·-·-·--·-·-·--·--·----·---·-·----Commi s s 1 one r
being present and passed the following ordinance:
ORDINANCE CLOSING HEARING AND LEVYING REASSESSMENTS FOR
A ~ART OF THE COST OF TIMPROVING PORTIONS OF TENTH STREET,
AVENUE "Krr AND AVENUE ft"Jn, IN TF,.E CITY OF LUBBOCK, TEXAS,
AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND
FOR THE ISSUANCE OF ASSIGliABLE CERTIFICATES IN EVIDENCE
THEREOF, AND DECLARING AN EMERGENCY.
Commissione~~--. .move~at the ordinap_.9~1 pet/_,_ •
placea. on its fir-st reading; seconded by Commissioner~~
and carried by the following vote:
AYE:~------·--·---·-.. -~~------.7~~---·--·---~~~----·---~-----·--.. --·----·-·--·----------
NO: None.
Carried: Ordinance placed on first rea.dini~
4<./_ ~ , Commission~~-----.. moved tha~....; _ord~ce pass
first r-eading; seconded. by Commissione~~-·-·-.. , and
carried by the following vote: ,· AYB~~~~ ·~---../~1:3 . ..:.:..."'-''-''--·--.;.._.-"7'.. . --·--~-----
.. -~.~-·-·· ··-·-· ... ····----.. -·-·-·--·-·-·--·-.. ----
NO: None.
Carried: Ordinance passed first reading.
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NO: None.
NO: None.
Carried: Ordinance passed second reading.
Commissioner~~·-··· .. -·-. oved that .... he r'.lles be su~pended
an~ that the l"! ord.~n~t;ce :c p ed. Jn ~d and fi~'3.l :e::tding;
se..,onded by .~omm1 s.., 1 one.··-·-· -·-· ...... ·-.... ~ .......... and . arr1ed by the
following vot:~~;~==::~~:=:: .
--·-~~·-···-·-" .......... -·············-·-·-·-··········-·-·-.. ·-··
NO: None.
ed: Ordinance placed on third reading.
Commissioner. .... .... ·-·---.. ~---·.mo7ed that thP 0rd ina~}c e ps.sa
third and fin ead n ;.; 3 fin ..1 l ~Y a1:)_.t e.J.; s e ·c :,d -2 d ty
Commissioner ... ---·-.. . ....... ~t-d ca. ried by the following vote:
AYE:~----···= .. '"lli--~--z;:;:-·-·-·---.. ·-·-·-.... -..... ·-·-·-·-"' ...
.. ~~-... ~ ..... ··-·-·-.. ··-.... --··-·-·-····"-'"""--·-·-··
NO: None.
Carried: Srdinance passed third and final reading.
The Mayor then declared the ordinance finally passed.
The Ordinance follows:
LUBBOCK REASSESSMENT F0~1 NO. 3,
Units Nos. 31, 32, 33 and. 34.
ORDINANCE CLOSING HEARDJG AND LEVYING REASSESS-
MENTS FOR A PART OF THE COST OF IMPROVING PORTIONS
OF TENTH STREET, A VENUE "K" AND A VENUE ".T" , IN THE
CITY OF LUBBOCK, TEXAS , AND PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS, AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDElfCE
THEREOF , AND DECLARING AN 'EMERGENCY:
WHEREAS, the City Commission of the City of
Lubbock has heretofore ordered that the below mentioned portions
or streets in said city be improved by constructing storm
sewers, raising, grading, and filling swne, and instal~ing
concrete curbs and gutters, and paving with 2-1/2 inch Vertical
Fibre Brick Paven1ent on Four 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 wi.th Panhandle Con-
struction Company, said streets being as follows, to-wit:
and,
TENTH STREET from the West property line of
Avenue "Q." to the East property line of College Avenue,
known 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,known and designated as Unit or
District No. 32.
AVE1ru:E "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 "J" 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 improvement in each District or Unit show-
ing the amounts to be assessed against the various parcels
of abutting property and owners thereof and showing other
matters and things and a time and place was fixed for a
hearing to the owners of such abutting property and to others
interested and after notice such hearing was had and held and
ordinance was passed closing hearing and levying assessments,
and thereafter, it was discovered that the notice of such
hearing was publ~shed only twice when it should have been
pub~~shed three times, and the said ordinance closing such
hearing and levying assessments was repealed, said rolls or
statements were again adopted and approved, and a new hearing
ordered to be given and held and a time and place fixed
therefor and it was ordered that notice be given, said
ordinance providing for such new hearing and notice having
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· )g,v/ I<J .Jo
been passed on the If:~ day of Deeem:eer, 1~, and pursuant
to all such matters, said new hearing was had and held at the
time place fixed therefor, to-wit: )>il the ~ J:A dy
of ~ , A. D. l.9~ at I -o'clock, {..J. M.
in the ~ :1~ -, In-the
City of Lubboc~Te:x:as, and at such hearing all desiring to
be heard were fully and fairly heard, and evidence was received
and considered and all protests and obje~tions were received
and 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 such matters, and the following protests were
made concerning the ~provements in the units indicated, namely:
· Cl,fl&.A--{(, P~ , owning property
fronting /O"if, Ufeet on':::: Street, in Block
, Unit J 1v , pro ted that: -~--J£Y,-~ ~ ~ ~ o-vJ
~1~~~
, owning property
fronting ----~~~ feet on--------~~~~~ Street, in Block
------------' Unit-----------' protested that:
--------~~-----------------' owning property fronting-----=~~ feet on--------~~~~. Street, in Block
------------' Unit------------' protested that:
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 rully 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
assessments should be made as herein ordained:
THEREFORE, BE IT <RDAINED BY THE CITY 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, is hereby closed.
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f
II.
The City Commission, from the eYid~ce~ finds
that the assessments hereLn levied shall be made and
levied against the respective parcels of property
abutting upon the said portions of streets, and against
the owners of su.ch pro-perty, and that such assess:men ts are
right and proper and establish substantial. justice and
equality and uniformity between the respective owners and
respective properties, and be~een all parties concerned,
considering benefits received and burdens imposed, and
further finds that in each ease the abutting property
assessed is specially benefited Ln the enhanced value thereof
by means of the Dnprovement in the Unit upon which the
particular property 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 oost of the improvements is in
accordance with the Law and Charter in force in this City,
and is in accordance with the proceedings heretofore taken and
had with reference 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 correctly named herein or not, the
sums of money below mentioned and itemized shown opposite
the description of the respective parcels of property;
the descrip·tions ot such property • the several amoun ta
assessed against same, and the owners thereof, being as
follows:
(Here insert complete copies of the
Enginee.r' 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 assessments so leYied are for the ~prove
m~ts in the particular unit upon which the property described
abuts, an.d the assessments for the improvements in one unit
are in nowise re~ated 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 nowise affected by any fact in any
wise conn.ected with the improvements. or the assessments
therefor, in any other unit.
v.
That the severa~ sums above mentioned assessed
against said parcels of property, and against the real and
true owners thereof, and interest thereon. at the rate ot
7% per annum., together with reasonable attorneyts 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 ass~ssed, and a personal liability
and charge against the real and true owners thereof, whether
or not suc~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 assessed shall
be payable as fomlows, 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 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 installment due on or before two years from said
date ot completion and acceptance, 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 completion and acceptance, the ~ixth
installment due on or before five years from. said date ot
completion and acceptance; and such assessments shall bear
interest from the date of such completion and acceptance at
the rate of 7% per annum, payable annually with each install-
ment, so that upon completion and acceptance or the improve-
ments in a particular unit assessments against the property
abutting upon such completed and accepted unit shall be and
became 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 oft 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
payagle, and shall be collectible with reasonable attorney's
fees and costs of collection, if incurred.
VI.
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 Company 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
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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. .
VII.
For the purpose of evidencing the several sums
assessed against the said parcels of property, and the owners
thereof, and the t~e 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 each unit of improvement as the
work in such unit is completed 'and accepted, which certificates
shall be executed by the Mayor in the name of the City,
attested by the City Secretary wi.th 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 of the
owner a.s accurately as possible, and the description 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 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 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 any wise invalidate or impair the assessment levied
hereby or the certificate issued in evidence thereof.
The said certificates shall further provide sub-
stantially that if default shall be made in the payment of
any installment of principal or interest when due, then, at
the option of Panhandle 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 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 shall further recite in
effect that all proceedings with reference to making said
impro~ements 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
persone..l liability evidenced by such certifi.cates 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 1
thereof, or they may have coupons for each of the first five
installments, leaving the main certificate for the sixth •.
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Said certificates may further provide substantially
that the amounts payable thereunder may be paid to the Collect-
or 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
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 instal1ment with interest upon the surrend-
er of the coupon therefor, receipted in full by said Contract-
or, 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 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 certi-
ficates 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 the substance and effect thereof shall suffice.
VIII.
The assessments levied by this ordinance for the
improvements 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 improvements 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 determined altogether
without reference to any such matters in any other unit, and
the omission of the improvements f n any unit shall in nowise
affect or impair the validity of assessments for the improve-
ments in any other unit. The omission of improvements in
any particular unit in front ot any property exempt from the
lien ot such assessments shall in nowise affect or impair the
validity of assessments against other property in that unit.
IX.
No mistake, error, invalidity, or irregularity in
~e nwne of any property owner, or the description of any
property, or-the a.moun.t of any assessment, or in any other
matter or thing, shall in any wise invalidate or impair any
assessment levied hereby or any certificate issued, or 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.
Al~ assessments levied are a ~ersonal liability and
charge against the real and true owners of the premises
described, notwithstanding such owners may not be named, or
may be incorrect~y named.
XI .•
The present condition of some of said streets
endan gers health and safety, and it is necessary that said
improvements be proceeded with and completed while the
weather will permit. and the final completion of said improve-
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menta is being delayed pending the taking effect of this
ordinance, and such facts constitute and create an emergency,
and an urgent puh~ic necessity re~uiring 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 and 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 4 ~ay
A. D. ~.lt:;k
Mayor, Texas.
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