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HomeMy WebLinkAboutOrdinance - 592-1938 - Hearing And Levying Assessment For A Part Of Improving 25Th St. - 06/23/1938THE STATE OF TEXAS I LUBBOOK COUNTY 0 Ordinance No. 592 OU-2 3-\93~ 01 -0'::1 -1938 {)=t -14-\.93~ On this, the 23rd day of June, 1938, the City Commissioners of the City of Lubbock, Texas, in the above mentioned County~ convened in Regular Session, in the Regular Meeting Place in the said ~ity, the members thereof, to-wit: Mayor Commissioners " " " C E Slaton W G Mcl..U llan 11 B Price J A Fortenberry Hub Jones City Attorney Durwood H Bradley City Secretary Lavenia Williams Absent : None being present and passed the following .ordinance. ORDINANCE NO. 592 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR !(~.:PART OF THE 'U:OST OF IMPROVING A PORTION OF 25TH STREET AND SUNDRY OTHER STREEI'S, AVENUES AND ALLEYS 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 RIERGENOY. Commissioner Fortenberry, moved that the ordinance be placed on its first reading; seconded by Commissioner Price, and carried by the following vote: All members voting AYE. No: None. Carried: Ordinance placed on first reading. Commissioner Fortenberry moved that the ordinance pass first reading; seconded by Commissioner Price and carried by the following vote: All members voting AYE. No: None. Carried: Ordinance passed first reading. ~ On this the ?th day of July, 1938, the City Commission of the City of Lubbock, Texas, in the above mentioned county, convened in Recessed Regular Meeting, recessed fram Regular Meeting of June 23, 1938, at the Regular Meeting place in the City Hall, the following members thereof being present, to-wit: Mayor C E Slaton Commissioners W G McMillan VI B Price J A Fortenberey Hub Jones ( City Attorney. Durwood H Bradlay City Secretary Lavenia W~lliams .. . ,, Absent: Commissioner W B Price. and passed the following ordinance on Second Reading. ORDINANCE NO. 592. ORDINANCE GDOSING HEARING AND LEVYIW ASSESSMENTS FOR A PART OF THE CO&r OF TIIJ!PROVING A PORTION OF 25th STREET AND SUNDRY OTHER STREETS , AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDTil'G FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN nuERGENCY. Commissioner Fortenberry moved that the ordinance be placed on its second reading, seconded by ~ommissioner McMillan, and carried by the following vote: All members present voting Aye. No: None. Carried: Ordinance placed on second reading. Commissioner Fortenberry, moved that the ordinance pass second reading, seconded by Commissioner McMillan, and carried by the following vote: All members present ~oting Xye. No: None. Carried: Ordinance passed second re~ding. On this the 14th day of July, 1938, the City Uommission of the City of Lubbock, Texas, in the above mentione<b County, convened in Regular M eating in the Regular Meeting Place in said City, the following membe~s being present, to-wit: Mayor Commissioners City Attorney City Secretary Absent: None. C E Slaton W G McMillan Vi B Price J A Fortenberry Hub Jones Durwood H Bradley Lavenia Williams and passed the followi ng Ordinance on third reading. ORDIN\NCE NO. 592 ORDINANCE CLOSING HEARING AND LEVYING ASSESSJ.lENTS FOR E PART OF THE COST OF ll(PROVING A PORTION OF 25TH STREET AND SUNDRY O·'JliER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND P ROVIDTI~G F OR THE COlLECTION OF SUCH ASSESSME NTS, AND FOR 'IRE ISSUANCE OF ASSIGNABL E CERTIFICATES IN EVIDENCE THEREOF, AND DECLARI JG AN EMERGENCY. Commissioner McMillan moved tha t the ordinance be placed on third reading; seconded by Commissioner Jones, and carried bs the following vote: All m3mbers y;<D'ting Aye. No: None. Carried: Ordinance placed on third and final reading. Coimllissioner McMillan moved that the ordinance pass third reading; seconded by Commissioner Jones, and carried by the following vote: All members voting Aye. No..: .• None. Carried: Ordinance passed third and final reading. The Mayor then declared the ordinance finally passed. The Ordinance follows: ORDINANCE NO. _$''1 ;L ORDINANCE CLOSING HEARING AND LF..'VYING ASSESSHENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF 25TH STREET AliD SillJDRY OTHER STREE~S, AVENUES AND ATLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR TIIE C OLLECTIOlT OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE TIImEOF, AND DECLARTI~G AN EMERGENCY. · WHEREAS, the City Commission of the City of Lubbock, has heretofore ordered that the below mentioned portions of streets, and Avenues and alleys in said City be improved by raising, grading a!ufilling, and by instal ling concrete curbs and gutters on Units Nos. 208 and 209, and paving with triple course asfhalt s~face treatment (Inverted Penetration T,ype) on a Six 6) Inch compacted caliche base, together with necessary incidentals and appurtenances, all as provided in the specifications prepared bJr the City Engineer, now on file with said City; and arrangement for the making and construction of such improvem ents was entered into with City of Lubbock, said streets, avenues and alleys being as follows, to-wit: 25th Street from its intersection with the '\'vest Property Line or Avenue T to its intersection with the East Property ~ine of Avenue V, knw.n and designated as Unit or District No. 208. 25th Btreet from its intersection with the West Property Line of Avenue V to its intersection with the East Property .Line of Avenue X, known and designated as Unit or District No. 209. WHEREAS, the City ..I!.Ongineer prepared rolls or statements :'f'or the improvements on each District Or Unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters an d things; and same vrere examined by the City Co~ission and approved, and a time and place was fixed for a hearing to the owners or such abutting property, and to all others in any wise interested, and due and proper notice was given, and such hearing was had and held at the time and place fixed therefor, to-wit; on the ~a day of June, 1938, at 1:30 o'clock P.M., in the Commission roon in the City or Lubbock, Texas, and at such hearing all desiring to be he a rd were fully and fairly heard, and evidence was received and considered and all protests 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 and by the proceedings of the ca ty with reference to such matters, and the following protests were nade concerning the improvement in the units indicated, namely : None. And all objections .and protests made were · fully considered and said hearing was continued tram day to day and fron time to time until this date, and the City Uomnission 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 of the evidence, and all pertinent and proper matters, is ofqpinion that the following disposition should be made oe such protests and objections, and tha t assessments should be made as herein ordained; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK~ TEXAS; THAT , I. All protests and objections, whether herein specifically nentioned 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. II. The City Commission, fron the evidence, finds that the assessments herein levied shall be nade and levied against the respective parce~s of property abutting upon the said portions of streets and alleys, and avenues, and against the owners of such property, and that such assessments are right and proper and established substantial justice 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 specially benefitted in the enhanced value thereof by means of the improvement in the Unit upon which the particular property abuts, and for which assessnent is levied, in a sum in excess of the assessment levied against same by this ordinance 1 and further finds that the apportionment of the cost of the improvements ism accordance with the proceedings heretofore taken and had with reference to such inprovem.ents 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 agi.nst the real and true owners thereof', whether such m.vners be amrrectly named herein or not, the sums of' noney belmv oentioned and itemized shown opposite the description of the respective parcels of property; the descriptions of' such property, and several aoounts assessed against same, and the owners thereof', being as follows: 25th Street Width 30' From W.P.L. Ave. T to the E.P.L. Ave. v Unit #208 Curb at 40% Ft. Qwner Lot Blk Add'n no. ft. Rate Cost Lin.Ft.Cost Total North Side Hugh J McClellan 6 20 Crest1awn 135 ~ert R Powell 12 20 " 50 K D Leftwich 11 20 ,. 50 Harry M Miller 10 20 " 50 R S Lowery 6 65 .. 130 M E Simmoas 24 65 n 50 Martin H Martin 23 65 " 50 Mrs. Mary E Martin 22 65 II 50 Mrs. Sallie Taylor 21 55 ft 50' J C Simms 20 65 tl 50 C A Snow 19 65 II 50 C A Snow 18 65 " 50 'V T Stiles 17 65 " 50 H J Price 16 65 "' 50 South Side Berta Bennett Grf*n ~7 J B Gr,en 135 Nannie Penrod 7 Mary Hall et.al. 8 " 9 Laura F Thomas 1 J 0 Garlington 7 J R Smith(Gua rdian 8 James :W Wilcox g· Sophia Adams 10 C R Foster 11 :nat '1 Loan &-. Inv .12 E E Corcor r an D tAun Marshall et vir. Henry J Price Total P. 0. Cost Ci tyr s 10% 13 14 15 27 ... 27 n· 27 "' 66 .. 66 n· for MaryE. 66 It 66 66 66 66 66 66 66 l'otals $3516.18 311.16 It It " It It • 1!1 Total Unit Cost $ 3827.34 50 50 50 130 50 sw ~rt o ut 50 50 50 50 50 50 50 50 1.730 Cost 1.61875 218.53 133 53.20 2'lli13 It 80.94 50 20.00 100.94 " 80.94 50 20.00 100.94 " 80.94 68.84 26.73 107.67 " 210 .. 44 146.84 58.74 269.18 " 80.94 50 20.00 100.94 "' 80.94 50 20.00 100.94 " 80.94 50 20.00 100.94 n 80.94 50 20.00 100.94 ,. 80.94 50 20.00 100.94 " 80.94 50 20.00 100.94 " 80.94 50 20.00 100.94 " 80.94 50 20.00 100.94 " 80.94 48 19.20 100.14 " 218.53 133 53.20 271.73 " 80.93 50 20.00 100.93 " 80.93 50 20.00 100.93 n 80.93 66.84 26.73 10f7.66 " 210.44 146.84 58.74 269.18 " 80.93 50 20.00 100.93 et.al Minors) "' 80.93 50 20.00 100.93 " 80.93 50 20.00 100.93 It 80.94 50 20.00 100.94 n 8Q.94 50 20.00 100;194 ft 80.94 50 20.00 100.94 " 80.94 50 20.00 100.94 " 80194 50 20.00 100.94 " 80.94 &8 19.'20 100.14 2800.44 1'789. 36 715.74 3516.18 25th Street Width 30' From W.P.L. Ave. V to .... he E.P.L. Ave. X Unit #209 North Side j a ck Stine;er 24 64 Highland Hghts $1.50977 ?5.49 48 19.20 94.69 50 C.H Tompson 2 3 64 ft 50 It 75.49 50 20.00 95.49 ~en D Johnson 22 64 .. 50 " 75.49 50 20.00 95.49 G Andrew s 21 64 " 50 " 75.49 10 20.00 95.49 Mr s Carrie C Sharp 20 64 " 50 " 75.49 50 20.00 95.49 ~ames ·x Perkins !9 64 " 50 " 75.49 50 20.00 95.49 I G Trimbl e 18 64 tt 50 " 75.49 50 20.00 95.49. L L Miller 17 64 " 50 " 75.49 50 20.00 95.49 L L Miller 16 64 It 50 II 75.49 5 0 20.00 95.49 J L Muffee 15 64 " 50 n 75.49 50 20.00 95.49 J L Murfee 14 64 n 50 II 75.49 50 20.00 95.49 T C Zachary 13 64 " 50 " 75.49 66.84 26.73 102.22 Lubbock Ind. School Dtat 13 to 24 6 3 II 600 " 905.86 614.84 245.94 1151.8C South Side Huddleston Wright 1 67 It 50 n 75.49 48 19.20 94.69 . ·' Curb at 40¢ Ft. '.J.'otal Owner Lot Blk Add'n No.Ft~ Rate Cost Line;Ft.'cost Cost Harry Montgomery 2 6? Highland .ci.ghts 50 D D Martin 3 67 n 50 J C Davis 4 67 tt 50 w E Grahrua~ ~r. 5 67 " 50 Morris H Jones 6 67 " 50 Mrs. Cappie Linn 7 67 n 50 Earnest R Fults et.al 8 67 n 50 Nat'l Loan&Inv. Co. 9 67 " 50 W W Dial et.ux 10 67 n 50 Bill W Davis 11 67 » 50 H T McKissock 12 67 " 50 Maple Wilson 1 6S McCrum 2nd 50 Mrs. Wilma Baker 2 68 w 50 Joe Lea~erton 3 68 " 50 Maple Wilson 4 68 " 50 C P Carlock 5 68 • 50 Bernard R Bogan 6 68 n 50 E P Grambrell 7 68 " 50 Clifford H James 8 68 " 50 Household Supp ly Co. 9 68 " 50 " 10 68 " 50 Bruce Allbright et.al 11 68 8 50 L E Moore 12 68 " 50 TOtal P.O. Cost City's 10% Total unit Cost Tot·-t ls $4607.19 402.61 ~5009.80 24:00 1.5097? 75.49 ~9 20.00 9~.49 " " " II " " tt It 11 II n 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 56.84 26.73 102.22 75.49 66.84 26.74 102.23 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20.00 95.49 75.49 50 20'.00 95.49 75.49 50 20.00 95.49 75.48 50 20.00 95.48 75.48 50 20.00 95.48 75.48 50 20.00 95.48 75.48 50 20.00 95.48 75.48 48 19.20 94.18 0623.45 2459.36 983.74 4607.19 IV. 'J.hat the assessments so levied are for the improvements in the particular Unit upon which the property described abuts, and the assessments for the improvements in one Unit are in nowise related to or connected with the improvements in any other Unit, and in naking assessments and in holding said hearing the amunts so assessed for improvements in one Unit have been in nowise affected by any fact in any wise connected with the improvements, or the assessments therefor. or any other unit. 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 six ( 6) per cent per annUD., together v1i th 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 assessed, and a personal liqbility and charge against the real and true m.mers 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 surls so assessed shall be payable as follows, to-wit: In five equal ~nstallments, 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 par~ular property abuts; the second installment due on or before one year fro~ said date of completion and acceptance, the third installment due on or before two years fro~ sai d date of 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 fro~ 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 with each installment, so that upon completion and acceptance of the inprovements in a particular unit assesscents against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest froo1 the date of such completion and acceptance~ provided that any O\~er shall have the right to pey off 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 or 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 vity of Lubbock, or its assigns, be and become immediately due and payable, 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 O¥rners thereof, but said City of Lubbock shall look solely to said property, and the owners thereof, for paycent of the sums assessed against the respective parcels of property; but said Uity shall 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 pa~ent of any assessment, collection thereof sha ll be enforced either by sale of the property bl.\ the Tax Collector and Assessor o"f the (.;ity of Lubbock as near as po~sible in the manner provided for the sale of property for the non-p~ent of ad valorem taxes, or, at the option of ~ity of Lubbock, 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 suns assessed against the said parcels of property, and the 001ners thereof, and the tine and terms of payment, and to aid in the enforcenent thereof, assignable certificates shall be issued by the Uity 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 Uity, attested by the City Secretary with the corporate seal, and shall be payable to City of Lubbocl~ or its assigns, and shall declare the said amounts and the time and terms of payment and rate of interest andmte of completion and acceptance of the improvements for v1hich the certificate is tasued, 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 description as may otherwise identi~r the same, and if the said property shall be owned by an estate, then to so state the description thereof as so ovmed shall be sufficient, or if the nane of the owner be unknown, then to so state shall be S\lfficient, and no error or L1istake in describing any property, or in giving the name of any ovmers, shall in any wise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. The said certification 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 City of Lubbock, or its assigns, the whole of the said assessment evidenced thereby shall at once become due and payabl~, 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 ertect that all proceedings with reference to making said improvements 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 olaim of personal liability evidenced by such certificates 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 thereof, or ~hey 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 nay ·be paid to the Collector of Taxes of the Uity, who sha 11 is sue his re ceip "t the ref or, which reo e ip t shall be evidence o t such payment upon any demand for the same, either b~ virtue of the said certificate or any contract to pay the same entered into by the property owners, and that the 6ollector of Texas will deposit all suns so received by him forthwith with the City Treasurer, and upo~he payment of any installment 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 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 certificates may contain other and further recitals pertinent and ap- propriate 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 sepl)rate an'tl disftnc:t· from assessments in each and every other unit. The assessments for improvenents in one unit are in nowise affected b,y the improvements in or the assess~ents levied for the improvements in any other unit, and in naking and levying assessments the costs of the improvenents in each Unit, the benefits by means of the improvements, and all other matters and things with reference to the i~provements in each Unit, have been considered and determined alto- gether without reference to any such matters in any other unit, and the omission of the improvenents in any unit shall in nowise affect or impair the validity or assessments for the improvements in any other unit. lhe omission of improvemants in any particular unit in front of any property exempt from the lien of such assessments shall in novrise affect or impair the validity of assessnents 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 amunt of any assesSl!lerit, or in any other matter or thing, shall in any wise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, error, invalidity, or irregularity, whether in such assess~ent or in the certificate issued in evidence thereof, may be corrected at any time by the Cit,r. x. All assessments levied are a personal liability and charge against the ~eal and true owners of the prenises described, notwithstanding such owners 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 that said iriproveoents be proceeded with while the weather will operrnit, 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 neeessity requiring that the rules providing for ordinances to be read more than one time, or at more than one meetine, be suspended, and that this ordinance 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 immediately froLl and after its passage. PASSED Aim APPROVED this the 23rd day of --~J~u~n~e~-------' A.D. 1938. PASSED AND APPROVED this the 7th day of July A.D. 1938. PASSED AND APPROVED this the 14th day of ~ty ecre ary. J:, Lavenia Williams, Ci cy Secretary of the City of Lubbock, Texas, her~by certify that the above and foregoing is a true and correct copy of Ord1nance No. 592 as passed by the City Commission on the dates sho~ above, and of record in Ordinance Book 2 of the records of the ity Comm ssion of the City of Lubbock, Texas.