HomeMy WebLinkAboutOrdinance - 599-1938 - Levy Assessment Improving Portion Block 120 - 10/27/1938\ IJUBBOCK FORM mE STATE OF TEXAS I LUBBOCK COUNI'Y I Ordinance No. ru_ to-2-=1 -I9B~ \\-lo-1.958 \\-23-19-38 ..... .. On this the 27th day of October , 1938, the City ~mmissioners of the Cit,y of LubbOck, Texas, in the above mentioned county, convened in Re~!f Session, in the regular meeting place in the sa t#, the members thereof, to-wit: C E Slaton, Mayor W B .Price C0mmiss1onear W G McMillan " J A Fortenberry " Hub Jones " Durwood H Bradley, City Attorney W H Rodgers, City Manager Lavenia Williams, City Secretary Absent: Comndssioner W B Price being present and passed the following ordinance. ORDINAIDE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVIm A PORTION OF BIK.l20t O.T., AND SUNDRY O'mER STREETS, AVENUES AND ALLEYS IN 'lHE CIT'f OF LUBBOCK, TEXAS, AND PROVIDING FOR THE C Ol..LECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDEN::E THEREOF, AND / .,
. On this the lOth day of November , 1938, the City Commission of the City ot Lubbook, Texas, in the above mentioned county, convened in Regular Session, at tbe Regular Meeting Place in the City Hall, the following members thereof being present, to-wit: Mayor C E Slat on, J A Fort enberr.v Commissioners W G McMillan {W G McMillan, Mayor Pro Temr-Hub Jones __ vf B Pr_ice City Attorney Durwood H Bradley, City Manager W H Rodgers and City Secretary Iavenia Williams. Absent: Mayor C E Slaton and passed the following ordinance on second reading. Ordinance No. 599 ---~---ORDlliANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COOT OF IMPROVING A PORTION OP BmlCXEl20 ORIGI:N/I.L ~\N and SUNDRY OTHER STREETS, AVENUES AND Atf::Ets, IN TH CITY OF WBBO'O'K, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, r •• ).1 J.l~·~ ... -~ .~!~U Commissioner Jones moved tbt. the ordinanoe be placed on its second reading; seoonae~ b.r Commissioner Fortenberry and ce..rri.cad by "tine following vote. All members present voting AYE. No: None. Carried: Ordinance placed on second reading. Commissioner tones moved that the· ordinance pass second reading; seconded by Commissioner Fortenb~rrv, and carried bv ~'\...-·-.,, ----•-~--. .--.....,
"'• ORDINANCE CLOSING HEARlliG AND LEVYING ASSESSMENTS FOR A PART OF THE COOT OF IMPROVIOO A PORTION OF -~~ 120 • ORIG,~L -'0 AND SUNmY OTHER S'mEETS, AVENUES AND ALLEYS IN c F IlJBBOCK, TEXAS. AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR TEE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND Commissioner Jones moved that the ordinance be placed on third reading; seconded by Commi"ssioner _,M~cMi;::;:.;:;.l;;;::la=n'-------· and carried by the following vote: All members present voting AYE. No: None. Carried: Ordinance placed on third and f'inal reading. Commissioner Jones moved that the ordinance pass third reading; seconded 1iy CoDmissioner McMillan and carried by the following vote: All members present voting AYE. No: None. Carried: Ordinance passed third and f'inal reading. The Mayor then declared the ordinance finally passed. The Ordinance follows:
• I:-'9 ORDINANCE NO. lli ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF '!HE COST OF IMPROVING A PORTION OF BLOCK 120 r.. ORIGINAL IDWN AND SONDRY OTHER STREETS, A VENUES AND ALLEYS .1N 'IRE CITY OF "• IDBBOCK, TEXAS, AND PROVIDING FOR 'lHE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND WHEREAS, the City Commission of the Ci~ ot Lubbock, has heretofore ordered that the below mentioned portions of streets and alleys and avenues in said City be improved by raising, grading and filling ~ , •-_· ·..;;:..: .... , · ~ ·· ,, ·"' · ;..--......_ ,, -·· ~n Units Nos. ' lA-20ttA-2i, A-22, A-2~, \.A-24, ~2~', ~§IG\-2iJ A-28, A-29, A-30, l.-31, ~, A-33, A-34, A-35, A-36, A-37, Y-:38, and ~emRJ:dt for the mak:i.tng-ahd construction of' such improvements with a pavement consisting of 2i-vertical fiber brick to be placed on approximately one inch of ,sand cushion on a 4w concrete base has been made and entered into by the City ot Lubbock, Texas, to be used on all districts or units herein mentioned except Units A-27 and A-28, on which arrangement tor the m;King and construction of such improvement with a 6" concrete pavement, together with necessary incidentals and appurtenances, all as provided in the specifications prepared by the vity .tmgineer, now on file with said City; and arrangemen~ for the making and construction of such ~mprovements was entered into \~th Oity of Lubbock, said streets, avenues and alleys being as follows, to-wit: North and South Alley, Block 120 in Original Town Addition, known and designated as Unit or District No. A-20. West One-Half East and West Alley, Block 120 in Original Town Addition, known and designated as Unit or District No. A-21. North and South All~. Block 105, in Original Town Addition, known and designated as Unit or District No. A-22. East and West Alley, Block 105 in Original Town Addition, known and designated as Unit or District No. A-23. -• • • m 41 , ......
;. .:. East One-Halt of East and West Alley, Block 104, in Original Town Addition. known and designated as Unit or District No. ~-34. East and west Alley, Block 114 in Original Town Addition, known and designated as Unit or District No. A-35. North and South Alley, Block 114 in Original Town Addition, known and designated as Unit or Distridt No. A-36. North and South Alley, Block 147 in Original Town Addition~ known and designated as Unit or District No. ~-37. East One-Half of East and West Alley, Bloc~ 119 in Original Town Addition, known and designated as Unit or ilistrict No. A-38. and, WHEREAS, tbe City Engineer prepared rolls or statements tor the improvements in 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 and things; and same were examined by the City Commission and approved, and a time and place was fixed for a ueariDg to the owners of such abutting property, and to all others in any wise interested, and due and proper notice was given, and such hearing was had and he~d at the time and place fixed therefor, to-wit, on the 13th day of October, A.D. 1938, at 1:30 O'clock P.M., in the CQmmission ~ in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and consider-l ed and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and requi:ed by the Charter and law in f~rce in this City and by the proceedings of the City with reference to such matters, and the following protests were made concerning the improvament in the units indicated namely: None.
And all objections and protests made were tully considered and said hearing was continued from day to day and tram time to time until this date, and the City Conmission having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having tully considered all matters presented for consideration, and having tully oonsi dared all ot 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 ORDAINED BY 'lHE CITY COMMISSION 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.. II. Tbe City Commission, tram the evidence finds that the assessments herein levied sh~ll. 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 that such assessments are right and proper and established substantial justice and equality and uniformity between tbe 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 specially benefited in the enhanced value thereof b)!dmeans of the improvement in the Unit upon which the particular property abuts, and tor 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 cost of the improvements 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 owne:rs thereof, whether such owners pe correctly named herein or not, the sums of money below mentioned and itemized shown opposite thedescription of the respective parcels ot property; the descriptions of such property, and several amounts assessed against same, and the owners thereof, being as follows:
ENGINEER'S ROLLS Width 20 Ft. East 1/2 East & West Alley Block 119, Original Town North bide Mrs Becky Leva South Side Lot 16 Ethel Scales liauldin 15 Total P 0 Sost $585.18 City's Share 26'~ 195.06 Tota.l Cost This Unit ?80.24 Block .llld'n. No. Ft. 119 Orig. 125 Town 119 " 125 250 Assessed Rate 25% 2 .340?2 " North & South Alley, Block 14?, Original Town Vlidth 20 Ft. West Side Myrtle Baker E. 50' Lots 1 8, Incl: Elk. to Blk.Orig. 14? Town Jewell Peters E.i ~,8,9 & 10 147 " East Side Ch as R Ba. con W. 25' Lots 1?,18,19 & 20·" R P Conner Mary E Hamlett Mrs Olive Morris Masters Total. P 0 eost City ' s Share !6% 16 " 14 & 15 14? w. 42' Lots 11,12 &. 13 tt $1, o~n. J-4 363.?1 " " " " 158 104 104 26 52 ?8 520 2.09834 " ,, tt " " Paving Cost 25% 29".59 292.59 585.!8 32?. 34 218.23 218.23 54.56 109.11 163.6? 1,091.14 Unit # A-38 1-Unit # f\.-37
.... ,. East & West Alley, Block 114, Original Town Unit # A-35 Jth 20Ft. Assessed P a v i n g Owner North Side Mrs Agnes Pattillo Paul Patillo Robt. J. Williams Leona E Gillin South Side RaleigbtMartin et al (Church of Christ) W H Badger E M Jones (Est of E M Jones) Total P 0 Cost ~itY's Share 25% Total cost this Unit Lot Block 16,17 & E. t 18 114 19 & 20 & w.t 18 114 4,5 & E. 4' of 3 114 1, 2 & W. 21' of 3 11.12,13,14,15 9 & 10 6,7 & 8 $1197.6 2 399.21 1596.83 ,, 114 114 114 Add'n. No. Ft. O.T. !2~ tf lt2t " 54 tt 71 " 125 , 50 tttt 75 5lrn East One-Half East & West Alley Block 104, O~ig. Town RA.te Total 2.39524 149.71 , 149.70 " 129.34 ff 170.06 - -tf 299.41 " 119.76 . If 179.64 1197.62 ~li dth 15 Ft. Unit # A-34 North Side Ethel Moore & J H Hankins 16 104 O.T. 125 1.82919 228.65 South Side J N Nislar 15 104 " 25 " 45.73 J N Nislar 14 104 " 25 " 45.?3 Ruth A Karr (deceased) Ira & Sally Elliott 13 104 " 25 " 45.73 0 L Nisl ar 12 104 " 25 " 45. ?3 E A vlfo1dert 11 104 u 25 If 45. ?3 250 45? .30 Tot a 1 P. 0. Cost $~57 • 30 City's Share 25% 152.43 -. -.... . .. . ·-.. .. -----
.. E~st & West Allejt, Block 115, Original Town Width 20 Ft. North Side Lot lst B~ptist Church Lub. 16,17 & 18 » n II fl 19 & ~0 " tt South Side " " 1,2, 3, 4 5 ,, 20' AJ.ley Lela Krueger 14 & 15 Southwestern Bell Telp. Company " South Plains Inv. Co. William D Green Total P 0 Cost City's Share ~5% Total Cost this Unit 13 11 & 12 9 & 10 6,? &. 8 $1145.78 381.92 1527.70 A s s Block Add'n. No. Ft. 115 O.T. 75 llB O .. T. F\0 115 01 .. T. 145 115 o.T. 50 115 O.T. 25 115 O.T. 50 115 O.T. 50 115 o.T. 75 520 South One-Half North & ~outh Alley, Block 115, o. Town Hidth 20 Ft. West Side South Plains Invest.Co. 10 East Side Southwestern Bell Telephone Co. ll Total P 0 Cost City's Share 25% Total Cost this Unit $506.10 168.70 674.80 115 115 O;T. 125 0. T. 125 -250 .. Unit # A-32 e s s e d P a v inr Rnte Total 2.20341 165.26 It J J 0.17 tf 319.49 fl 110.17 " 53.08 " 110.17 tr 110.17 " 165.27 IT45. 78 Unit # A-31 ?.02440 tt "53.05 253.05 506 .ro
... North & ~outh Al~ey, Block 116, Origina 1 'town Width 20 Ft. West Side Billie Plane Dykes Ben B Hutchinson East Side Lot 5 10 Wll's J W Painter North 50' of 16 to 20, Incl. W J & John Spikes So. ~5• of No. ?5 of 16 to 20,Inc1. C E Howard So. 50' of 16 to John R Scott 20, Incl. No. i of 11 to 15, Incl. Sam C Arnett & Geo • So. 1/2 of E. Benson --Block 116 116 116 116 116 116 116 Unit # A-29 Assessed Paving Add'n. No.Ft. Rate Orig. 125 2.10190 Town 125 " 1f 50 " tl 25 " rt 50 " ,, 6213 " " 62i " Total 262.?4 262.?4 105.09 52.55 105.09 131.3? 131.3? 11 to 15, incl. 500 $I<mt5. 95, Tota 1 P 0 Co.st City's Share 25% TotP1 Cost this Unit Width 20 Fee t. North Side Gao W • .Pickle E P Norwood Che s R Bacon & Anna C Bel1,et al South Side L E Hunt Wm D Green $1,050.95 350.32 $1' 401. 2? W. i E"st & Viest Al1ev, Block'll?, Original Tovm 4, & 5 -11? Ori(".Town 50 3 11? " 25 1 & 2 11? If 50 10 11? tl 25 9 11? " 25 ,.. n ,., , , '7 " ?~ Unit # A-28 1.830.42 -:: 9l..50 " 45.?6 " 91.52 II 45.?6 " 45.?6 It 13?.28
North & South Alley, Block 148, I Width 20 Feet. Original Town Unit IJ A-26 Assessed Paving Lots Block Add'n. No. Rate Total West Side G P Kuykendall 1 to 7, Incl. E D Champlin East 1/2 8, 9 & 10 East Side Coleta Joy BakEr West 50' 16 to 20 Mattie Brewer 15 Zelma White West 1/2 11,12,13 & 14 Total P 0 Cost City's Share ~5~ Total vast this Unit $1,091.87 363.96 1,455.83 148 148 148 148 148 East & West Alley, Block 135, Original Town Width 15 Feet. North Side C N Hodges J A Hodges J A Hod.,..,.es Ro bt. D. Holmes J A Hodges J A Hodges South Side / 16,17,18,19 & 20 5 4 3 2 1 Western Windmill Co. 15 Mrs Elizabeth Goggins 6 Total P 0 Cost $848.32 City's Share 25% 282.'78 Total Cost t~s Unit 1131.10 135 135 135 135 135 135 135 135 Ft. Orig. 182 2.09975 382.15 Tmm ft 78 tf 163.78 ,, 130 ,, 27"'. 97 II 26 ff 54.59 If 104 ,, 218.3'7 '5215 $I09t.a7 Unit # A-25 Orig. Town 125 1.69665 212.08 " 25 " 42.42 " 25 " 42.42 ,, 25 tt 42.42 tl 25 " 42.41 " 25 " 42.41. -. -" 125 " 212.08 " 125 " 212.08 5oo T848.5~
East & West Alley, Block 105, Origina 1 Town · Width 15 Ft. Uni~ ~ A-23 Assesse aving ±iots Block Add'n. No. Rate Total North Side Ft. Laverne Garrison 16 105 Orig. 125 1.69969 212.46 0 L Nislar 5 105 Town 125 " 212.46 South Side R N Morehy 15 105 II '25 It 42.49 W F Bonds 14 105 " 25 tf 42.49 R S Warnock & V~s. Ora Kimmerer 13 -.~ 105 ff 25 ff 42.49 c N Hodges 11 &. 12 105 " 50 If 84.98 P H Rodgers 10 105 " 25 " 42.49 Helen SUllivan Price 9 105 ,, 25 n 42.49 Laverne Garrison 7 &. 8 105 " 50 ,, 84.98 Geo L Eeetty E&t. 6 105 , 25 " 42.49 000 $~:1m Total P 0 Cost $849.85 City's Share 25% 283.28 ToV:>1 Cost this Unit $1,133.13 North & South Alley, Block 105, Original Town Unit# A-22 \'iidth 20 Feet. West .... Sfde J H Moore 1,2 & No. 23' of 3 105 Orig. Town ?5 2.21569 166.18 0 L Nisl"tr South 3' of 3 , 4 & 5 105 tt 55 " 121.86 P H Rodgers 10 -105 --u 115 --· tt --· 254.80 East Side J N Nis1ar 19 & 20 105 ,, 52 ,, 115.22 C N Hodges 18 105 " 26 " 57.61 J W Kerley 17 105 ,, 26 tf 57.61 Laverne Garris on 16 !05 If 26 ,, 5?.61 C N Hodges 11 105 " 115 " 254.80 ... _"" , xxe ~
... Width 20 Feet. West Side Continental Oil Co of Delaware ·-EllA. L.Moore C N Hodges Homer L Pharr J' A Hodges J A Hodges J A Hodges J A Hodges East Side Marvin Collier Richard L Douglas Totel P 0 Cost City's Share 25% Total Cost this Unit North & South Alley, Block 120, Original Town 1 2 3 4 & 5 6 ? 8 9 & 10 20 11 $1,244.01 414.6? $1,658.68 120 120 120 120 120 120 120 120 120 120 Orig. Town 25 " 25 " 25 " 50 tt 25 " 25 tr 25 " 50 It 125 " 125 500 or . ' Unit if A-20 2.48802 $ 62.20 u 62.20 tf 62.20 u 124.40 " 62.20 tt 62.20 ft 62.20 " 124.40 ,, 311.00 tt 311.01 $r,244.tJI
IV. That the assessments so levied are for the improvements in the particular Unit upon which the property described abuts, and the assessments for the improvements 1n one Unit are in nowise related t to or connected with the improvements in any other Unit, and in making assessments and in holding said hearing the amounts so assessed tor improvements in one Unit have been in nowise affected by any tact in any wise connected with the improvements, or the assessments therefor, or any other unit. v. T.hat the several sums above mentioned assessed against said paroles of property, and against the real am true owners there or, and interest thereon at the rate of six ( 6} per cent per annum, together w1 th reasonable attor.oJy's fees and costs or collection, it incurred, are hereby declared to be and made a lien upon the respective parcels ot property against which the same are assessed, and a personal liability iad charge against the real and true owners thereof, whether or not ch owners be correctly named herein, and such liens shall be and onstitute 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, .eounty and Municipal taxes, and the sums so assessed shall be payable as follows, to-wit: ,; In five equal installments, the first payable on or before ten (10) days after the oompletion 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 f'rom said date or completion and acceptance, the third installment due on or before two years from said date of completion and acceptance, the fourth install-ment due on or before three years tram 4aid date of completion and acceptance, the fifth installment due on or before four years from said date ot completion and acceptance; and such assessments shall bear interest from the date of such oampletion and acceptance at the rate of 6% per annum, payable annually with each installment, so that upon completion and acceptance of the improvements in a particular unit assessments against the property abutting upon such completed and accepted unit shall be and become due and ppyable in such installments, --~ _ _.~'\... ~-... ----.L .t~:t---·"""-~--" -.P ,..,_ ..... _,_,....,.,.,,,..., .. ""..,.. n ... A D~AAT\+O't'\I'IIIA ,...
-""' VII. For the purpose of evidencing the seYeral 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 b.y the Gity 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, whbch certificates shall be executed by the Mayor in the name of the i ty, attested by the City Secretary with the corporate seal, and shall be payable to City of Lubbock 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 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 identify the same, and if the said property shall be owned by an estate, then to so state the desorip~~on 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 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 payable, and shall be colleQtible with reasonable attorney's fews and costs of collection, if incurred. And said certi-ficates shall set forth and evidence the personal liability ot the owners ot 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 ot the property by the Tax Collector and Assessor of tbe City of Lubbock, as aQove recited, or by suit in any court having jurisdiction. The said certificates shall further recite in effect that all proceed-ings with reference to making said improvements have been regularly had in compliance with the law in force and proceedings of the City ot Lubbock, and that all prerequisites to the fixing of the lien and claim of nersonal liabilitY evidenced by such certificates have been ,
.:. 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 turther 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 tram assessments in each and eYery 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 or the improvements in each Unit, the benefits by means of the improvements, and all.other matters and things with referepce to the improvements in each Unit, bave been considered and determined altogether·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 of 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. IX. No mistake, error, 'invalid! ty, or irregularity in the name of any ptoperty 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 any assessment levied hereby or any certificate issued, and any such mistake, error, invalidity, or irregularity, whether in such assesmaent 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 char~e a~inst ,