HomeMy WebLinkAboutOrdinance - 550-1936 - Levying An Assessment For Cost Of Improving Ave L. - 04/23/1936~ ..
ORDINANCE NO. 550
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04-za-l~<.o
0 s -J Lt -\.93 (£:)
Otp-II -\.S3,(o
LU13BOCK FOR\![ HO.
ORDINANCE' CLOSING HEARUfG AND LEVYING ASSESs:l\fENTS FOR A PART OF
THE COST OF IJviJ?ROVING A PORTION OF AVEliftJE nL• AND SUN'DRY OTHER
STREgTS, \VENUES AND ALLEYS IN 'l'HE CITY OF LUBBOCK, TEXAS • AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESn~NTS, A~~ FOR THE
ISSUANCE OF ASSIGNABLE CERTIFIC~TES Il'f :gV!(DEl-TCE THEREOF, AND
DECLt\.RING AK EllifERGENCY:
"iJ!EREAS, the City Commission of the vi ty of Lubbock, has heretofore
ordered th~t the belon mentioned portions of streets and alleys in said
City be improved by raising, grading and filling, and by installing
concrete curbs and gutte~s on Unit No. 72, and paving with triple
course asphalt surface treatment (Inverted Penetration Type) on a Six (6)
Inch Compacted Caliche Base~ together with necessary incidentals and
appurtenances, all as provided in the specifications prepared by the
City Engineer, no-r on file with said 1.11 ty; and arrangement for the making
~nd constru~tion of such improvements was entered into with City.of
Lubbock, said streets, avenues and alleys being as follows; to-wit:
Avenue L, from its intersection with the South Property Line of 14th
Street, to its intersection with the N~rth Property Line of 16th Street,
plus 1/3 of ®4th Street intersection, known and designated as Unit or
District No. 72.
q{EREAS, the City Engineer prepared rolls or statements for the
improvements on each District Or Unit, showing the amounts tJ be
assessed ~gainst the various parcels of abutting property, and the
ovvners thereof, and showing other matters and things; and same v1Tere
examineS. by the City Commission and approved, and a time and place
was fixed for a hearing to the owners of such abutting "Dr · ~rtv, and
to all ::>thers in any ••;ise interested, and due and proper notice was
~iven, and such hearing was had and held at the time and place fixed
therefor, to-·,7it, on thl:-. _'J,.J~clay of Q.J.#..L , A.D. 1936, at
~:---"!:',.....::-=-'1'-=1-Q~~-. o 'clock, .-U:!.M., in the CommtJS'fOn Room in the City
of Lubbock, Texas, and at such hearing all desirinE$ to be heard were
fully and fairly heard, and eviaence was received and considered and
all protests and objections made were considered, and s~id hearing was
in all respects held in the manner provided and reQuired by the
Charter and ~aw in force in this vity and by the proceedings of the
City ~71th reference to such matters, and the follo•:ling protests were \
made concerning the improvement in the units indicated, namely:
. . ~ . -
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 ~ity Commission having fully and fairly heard all pa r ties
making any protest and all parties desiring to be heard, and having
fully considered all matters presented for considera tion, and having fully
considered all of the evidence, and all pertinent and proper matters, is
of oPinion that the following dispostion should be made of such protests
and objections, and that assessments should be made as herein ordained:
THEREFORE, BE IT ORDAINED BY THE CITY COMIIIfiSSION OF THE CITY OF
LUBBOCK, Tl'iJXAS; TKAT,
I.
All protests and objections, '."lhether herein specifically mentioned
or not, shall be and the same are hereby overruled and the said hearing~
-ith respect to each and all of said Units, is hereby closed.
II.
The Ci tJr (.;ommi ssion, 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 streets and alleys, and
avenues, and against the owners of such property, and tpat such assess-
~ents are right and pro er and established substantial justice and equality
and uniformity bet"reen the respective owners and respective properties,
and between all ~arties concerned, considering benefits received and
burdens imposed, and further finds th~t in each case the abutting property
assessed is specially benefited in the enhanced value thereof by means
of the improvement in the ~nit upon which the particular pr8pert; abuts~
and for '-rhich assessment is levied, in a sum in excess ::>f the assessment
levied against same b~r this ordinance, and further finds that the
apportionment of the cost of the improvements is in accordance 1ith tre
proceedins s hereto fore taken and had with reference t o such improvements
and is in all respects valid and regular.
III.
That there shall be and is hereby levied and ass~ssed against t h e
parcels of ;roperty hereinbelow mentioned and against the real and
true owners thereof, vY hether such owners be correctly named herein
or not, the sums of money below mentioned and itemized sho·:m opposite
the descj!j-iption of the respective p arcels of property; the descriptions
of such property, and several amounts assessed against same, and the
o ~ners thereof, being as follows:
-Engineer's Rolls -
Ave "L" . -
Width 55 Feet
Ov.rner
From SPL 14th St.
\fest Side Lot
l~s Ethel Barton 20,19,
No
B1k.Orig.Ft.
152 T. 78
18
Mrs Josephine Car-
ter 17,16,
J C Street
J W Curry
15
14,13
12,1J.
20,19,
18
162
152
1?8
"
"
n
Union Central Li~e
Ins. Co. 17,16, NJJ-
178 Si
178
1?8
H K Monroe
W P Soash
East Side
Ross Edwards
M 0 OWBns
F C l.darr
F C Marr
M F Driver
Jackson Bros
0 V Bagwell
o V Bagwell
Church of Christ
E. Henderson
E. Henderson
E. Henderson
E. Henderson
15
13,14
15
12,11
" ,,
"
1,2,3 153 "
4,5 163 ~
0 163 "
7,8 163 "
9,10 163. "
1,2 179 "
3 179 "
4 179 " Wi Lots
5 & 6 179 "
vv~ ? 179 " w 8 179 It
w 9 179 " wl1o 179 "
78
104
78
55
65
52
78
52
26
52
52
52
26
26
52
26
26
26
26
Unit No. 72
to the NPL 16th St & 1/3 14th & "L"
Curb @ 40¢ Ft.
Rate
$3.313769
Co st
258.47
Lin.Ft.Cost
93.70 37.48
" 258.47 78 31.20
" 344.63 129.20 51.68
" 258.47 103.20 41.28
" 215.39 65 26.00
" 215.40 55 26.00
" 172.32 52 20.80
" " " " " " " "
" " " " "
258.47
172.32
86.16
172.32
172.32
172.31
85.16
86.15
172.31
85.15
86.16
86.16
86.16
93.70
52
26
52
77.20
77.20
26
25
52
26
26
26
26
37.48
20.80
10.40
20.80
30.88
30.88
10.40
10.40
20.80
10.40
10.40
10.40
10.40
Int.
Total
Cost
295.95
289.6?
396.31
299.75
241.39
241.40
193.12
295.95
193.12
96.56
193.12
203.20
203.19
96.56
96.56
193.11
96.55
96.55
95.56
96.56
Totals 1040 $3.313?69,3446.32 11?2.20$468.88 $3915.20
Rate Per Front Foot for paving, etc. ~3.313769
" " Lin. " " Curb .40
Total Property Ov-mers Cost $ 3915.20
City's Share 10% 382.92
Total This Unit $4298.12
IV.
That the assessments so levied are for the improvements in tre
particular Unit upon which the property described abuts, and tbe
assessments for the improvements in one l lni t are in nowise related to
or connected ···i th the improvements in any other Unit • and in male ing
assessments and in holding said hearing the amounts so assessed for
improvements in one Unit have been in no~ise affected by any fact in
any "lise connected \"l ith the improvements, or the assessments therefor,
or any other unit.
v.
'fhat th~· several sums above mentioned assessed against said parcels
of property, and against the real and true 0\7ners thereof, and interest
thereon at the rate of six ~6} per cent per annum, together ·f ith reason-
able ~ attorney's fees ~nd costs of collection, if incurred, q re
hereby declared to be A.nd made a lien upon the respective parcels of
property against ""lhich the same are assessed, and a personal liability
and charge against the real and true owners thereof, whether or not such
oYmers be cotrectly 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 follows, to-vri t:
In five equal installments, the first payable on or before ten (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 or or before one year from said date of
completion and acceptance, the third installment due on or before two
years fror'l said d:::tte of completion and acceptance, the fourth install-
ment 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; and such assessments shall bear
interest from the date of such completion and acceptance at the rate
of 6% per annum, payable annually '?Fi th each installment, so th.,t upon
completion andacceptance of 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 installments,
and with interest from the date of such completion and acceptance,
provided that any ovmer shall have the ·righ~ to pay off the entire
assessment, or any insta l lment thereof, before maturity, by payment of
principal and accrued interest, and provided further that if default
shall be made in the payment of any i~st!lllment promptly as the same
matures, then the entire amount of the assessment uuon which such
default is made shall, at the option'of City of Lubbock, or its assigns,
be :m.:l become immediately due and payable, and shall be collectible
7ith reasonable attorney's fees an i c_osts of collection, if incurred.
VI.
The City of Lu~b ock shall not in any manner be liable for the payment
of an y sums hereby assessed against any property and the owners thereof,
but said gity of Lubbock shall look solely to said property, and the
o·mers thereof, for payment of the sums assessed against the respec-
tive parcels of property; but said ~ity shall exercise all of its
la,-,ful po•·1ers to aid in the enforcement and collection of said liens
and assessment s , and if default shall be made in the payment of any
assessment, collection thereof shall be enforced either by sale of the
p roperty by the Tax ~ollector and Assessor of the vit:,r of Lubb6ck 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 Vity of Lubbock,
or its assigns, payment of said sums shall be enforced by suit in any
court havin g jurisdiction.
~ .
... .
VII.
For the purnose of evidencing the several sums assessed against tre
said parcels of pror erty, an d the O'A,'rlers thereof, an d t h e time and terms
of uayment, and to aid in the enforcement thereof, assign a ble certi-
ficates 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 !Xecuted by
the Mayor in the name of the ~ity, attested hy the Gity Secretary with
the corporate seal, and shall be payable to <ei ty of Lubbock or its
assign s ,-and shall decl9.re the said amounts and the time and terras of
pa~nent and rate of interest and date of completion and acceptance of
the improvements for which the certificate is issued, and shall contain
the n~me of the owner as accurately a s possible, and t h e 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
n roperty sh1.ll be owned gy an estate, then to so state t'r{e description
thereof as so o'7ned shall be sufficient, or if the name of the ovmer
be unkno~n, 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 i!llpair the assessment lei"ied hereby or the
certificate issued in evidence thereof.
The said certification shall further prGvide substantially that if
default shall be made in the payment of any inst ~llment of principal
or interest 'Vhen due, then, at the option of vity of Lubbock, or its
assigns, the whole of the said assessment evidenced thereby shall at
once become due and payable, and shall be collectible with reasonable
~ttorney 's fees and costs of collection, if incurred. And said
certificates shall set forth and evidence the personal liability of
the o ·'ners of such property and the lien upon such property, and shall
provide in ~ffect if default shall be made in the payment thereof the
same may be enforced either by the sale ,of the property by the ·:t·ax
Collector and 1\ssessor of the t;i ty of Lubbock, as above recited, or
by suit in any court having jurisdicti on.
The said certific~tes shall further recite in effect that all pro-
ceedings with reference to making said improvements have been regular~y
had in compliance -vi th the law in force and proceedings of the ei ty of
Lubbock, and that all prerequisites t o the fixing of the lien and claim.
of personal liability evidenced b~' such certificates have been regularly
done and performed, which recitals shall be evidence of the matte r s and
facts sa recited, and no further proof thereof shall be required in
any court.
And the said certi fica te s 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 four installments, leaving the main
certificate for the fifth.
Said certificates may further provide substantially that the amounts
payable thereunder may be paid to the Collector of Taxes of the ~ity,
Vlho shall . issue his receipt therefor., which receipt shall be evidence of
such payment upon any demand for the same, either by virtue qf the said
certificate or an y contract to pay the same entered into by the property
o--me ~·s, and that the liollector of '!'axes will deposit all su.ms so received
by him forthwith with the 9ity Treasurer, and upon the payment of any
installment ~ith intere s t upon the surre nder of the coupon therefor,
receipted in full bv said Contrqctor, or other holder of said certificate,
the City Treasurer shall pay the amount so collected and due t h ereon to
said Contrqctor, or other holder, which coupons so receipte1 shall be
the Treasurer's u arrant for payment. And the said certificates -shall
further provide in effect that the City of Lubbock shall exercise all of
its lauful poweT's, when requested so to do by the holder of said
certific::.tes, to aid in the enforcement "'.nd co,::ecticL thereof, and said
certificates m~y contain other and further recit"'.ls pertinent and ap-
propri'1te thet'eto. It shall not be necessary th.-.t said certificate~hall
be in the exat:t form as ebove set forth, bvt the substt!.tnce and effect
thereof shall suffice.
VIII.
The assessments 1 evi ed. by this ordinance for the improve..men ts 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 ~owise affected by the improvements in or the assessments levied for
the improvements in any other unit, and in making and levying assess-
ments the costs of the improvements in each Unit, the benefits by means
of the improvement'3, and all oth ~r 1 atters and things with reference to
the improvements in each Unit, have been considered and determined alto-
r:et'her .,ithout refe rence 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 of assessments for the improvements in any other
unit. The omission of improvements in any particular unit in front of
any pro"'erty exempt from the lien of such assessments shall in nowise
affect or impair the validity of assessments against other property in
that unit.
IX.
l~o mistake, error, invalidity, or irregularity in the name of any
propertv o··mer, or the description of any property, or the amount of
any assessment, or in any other matter or thine;, shell in any wise
invalidate or impair any assessment levied hereby or any certificate
issut;;d, and any such mistake, error, invalidity, or irregularity, v•hether
in such assessment or in the certificate issued in evidence thereof, may
be corrected at any time by the City.
All a.ssessments levj.ed are a. personal liability and charge against
the real and true 01.·mers of the premises described, not-.vi thstanding such
o •·.ners may not be named, or may be incorrectly named.
XI.
The present condition of said streets and alleys endangers health
and safety, and it is necessary thq t said improvements be proceeded
'l!ith ·:,hile the ''leather will permit, and the construction of s;:~id improve-
me nts is being delayed pendine the taking effect of this ordinance, and
such facts co ~stitute and create an emergency, and an urgent public
necessity requiring that the rules providing for ordinances to be read
more than one time, or at more than one meeting, be suspended, and thl'tt
this ordinance be passed as and take effect as an emergency measure, and
such r~les are accordingly suspended and this ordinance is passed as
and shell take effect and be in force as an emergency measure, and shall
be in force and effect im~ed i ately from and after its passage.
PASSED A1!) APPROVED this the ~~day of ' A .D. 19'3115.
PASSED c\l.'D APPRO VED th is the j~ day o f A .D. 1936.
PASSED A:ND APPRO VED this the 11th day A .D.
-
I, Lavenia Green City Secretary of the City of Lubbock, Texas, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 550
as of record in Ordinance Book 2, Page 155-159, of the records of the City
of Lubbock, Texas.
IN TESTD~10NY WHEREOF, witness my band and sea of off'ic~, in the City
of Lubbock, this June 26th, 1936.
(Seal}