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HomeMy WebLinkAboutOrdinance - 650-1940 - Levying Assessment Improving Portion Of Ave F - 06/13/1940OU - \ 3 -I .9 Lf-0 OU>-~r-194-o 01 -0 3 -l..9Jf0 ORDI NAN CE NO . 6 ~ Q ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF AVENUE "P" IN THE CITY OF LUBBOCK, TEXAS~ AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS- MENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND WHEREAS, The Ctty Commission of the City of Lubbock, has hereto- fore ordered that the below mentioned portions of streets in said City be improved by raising, grading and filling, and b~ installing concrete curbs and gutters on Unit No. 281, and paving with quadruple 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, now on file with said City; and arrangement for the making and construction of such im- provements was entered into with City of Lubbock, said street being as follows, to-wit: Avenue P from its intersection with the South Property Line of 19th Street to its intersection with the South Property Line of 21st Street, known and designated as Unit or District No. 281. WHEREAS, the City Engineer prepared rolls or statements for the improvements in each District or Unit, showing the am~unts 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 hearing to the owners of such abutting property, and to all others in anywise 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 25th day of January, A. D. 1940, at 1:30 o'clock P •. M., in the Commission Room 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 considered and all pro- tests and objections made were conside~ed, and said hearing was in all respe.cts 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 improvement in the unit indicated, namely: None 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 fully and fairly heard all parties making any protest and a ll parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully considered all of the evidence, and all pertinenttand proper matter~, is of the opinion that the following disposition should be made of such protests and objections, and that assessments should be made as herein ordained: I THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THB 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 Unit, is hereby closed. II. The City Commission, 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 street and against the owners of such property, and that such assessments are right and proper and established substantial justice and equality and uniformtty between the respective owners and respective properties, and between all parties concerned, considering benefits received and burdens im- posed, and further finds that in each case the abutting property assess- ed is especially benefitted in the enhanced value thereof by means of the improvement in the unit upon which the particular property abuts, and for which assessment is levied, in a sum in excess of the assess- ment 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 im- provements 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 descriptions of such property, and several amounts assessed against same, and the owners thereof, being as follows: .. Avenue P Width 30 Ft. From S.P.L. 19th St. to the South Property Line ot 21st Street, fwom the West Unit # 281 Vl est Side Owner Lot (Curb @ 40¢ Ft.) Assessed Addi-P a v i n g Lin. tion Rate Cost Ft. o. King East 85' of 1 & 2 Blo-No. ck Ft. 1 110 Summers $1.49203 164.12 110.00 Total Cost Cost 44.00 208.12 Cockrell J Y Y eager 3 Ste!la Brown Robbins 4 H R Sprawle s 5 W H Blays 6 Sam Pang burn 7 , Mrs J C Barnes (Hudson) 8 Myrtle Henson 9 J B Spearman 10 J W Davis 11 Mrs Etta Brittain Lot 12 East Side 1 55 1 55 1 55 1 55 1 55 l 55 1 55 1 55 1 55 1 55 " n " rt tf " n It W J Spikes West 50' 9 & 10 L V Risinger 8 8 100 Mccr. 8 50 " .sue McCauley 7 &. N.t 6 .(Mrs J .B. 8 75 " McCauley) Katherine Skeen s. i 6 &. N. 1/2 ot 5 8 50 Katherine Skeen s. i 5 &. N. 1/2 ot 4 8 50 R D Dra~er, Estate West l/2 of (S. 1/2 of Lot 4 & N. 1/4 of Lot 3) 8 37o~5 Nora T. Combs West 1/2 of South 3/4 of Lot 3 8 37.5 J T Clinton 2 &. N.i of 1 8 75 0 S Denney S. 1/2 o:f'.L l,Blo.ck 8 and N. 1/2 of 1, Block 9 50 W R Arendall s. t 1 &. N. 1/2 of 2 9 50 J C Deckelman s. i 2 & N. 1/2 of 3 M T Huff a. i 3 &. N. 1/2 of 4 Katherine Skeen S. i of 4 &. 9 50 9 50 N. 12' of 5 9 37 1372 " II It " n , " ... " " n II If " tl " " d tl .. tt " tt " " n 82.06 55 82.06 55 82.08 55 82.05 55 82.06 55 82.06 55 82.06 55 82.06 55 82.06 55 22.00 104.06 22.00 104.06 22.00 104.06 22.00 104.06 22.00 104.06 22.00 104.06 22.00 104.06 22.00 104.06 22.00 104.06 82.06 7l.85 28.74 110.80 149.20 100 74.60 50 111.90 75 74.60 50 74.60 50 55.95 37.5 55.95 37.5 111.90 75.0 74.60 50 74.61 50 74.61 50 74.61 50 55.21 3? t2047 .06 40.00 189.20 20.00 94.60 30.00 141.90 20.00 94.60 20.00 94.60 15.00 70.95 15.00 70.95 30.00 141.90 20.00 94.60 20.00 94.61 20.00 94.61 20.00 94.61 14.80 ?O.Ol $555:S4$26oz.e 0 J 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 in one Unit are in nowise related to or connected with the improvements in any other Unit, and in making assessments and in holding said hearing the amounts so assess- ed for improvements in one Unit have been in nowise affected by any fact inn 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 annum, together 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 assessed, and a personal liability and charge against the real and true owners 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 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 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 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 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 with each installment, so that upon completion and acceptance of the improvements in a particular unit assessments against the property abutting upon such complet~d ~and accepted unit shall be and become due and payable in such installments and with interest from date of such completion and acceptance, pro- vided that any owner shall have the right to pay off the entire assess- ment, 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 City 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 pay- ment of any sums hereby assessed against any property and the owners thereof, but said City of Lubbock 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 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 Colmctor 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 advalorem taxes, or, at the option of City 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 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, assign- able certificates shall be issued by the City of Lubbock upon the completion and acceptance of the work in each Unit of improvements as the work in such Unit is completed and accepted, which certifi- cates shall be executed by the Mayor in the name of the City, attest- ed by the City Secretary with the corporate seal, and shall be pay- able to City ofLubbock 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 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 substantially that 1f 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 collectible with reasonable attorney's fees and costs of collection, if incurred. And said certificates ahall 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 spall 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 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 claim 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 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 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 owners, and that the Collector of Taxes will deposit all sums so recelyed d by him forthwith with the City 1reasurer, and upon the pay- ment 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 ieeasurer'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 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 thi~ ordinance for the improvements in each Unit are altogether separate a nd distinct from assessments in each and every other unit. Theb~ssessments for the improvements in one unit are in nowise affected;the improvements in or the assess- ments levied for the i mprovements 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 con- sidered 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 fromt 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, invalidity, or irregularity in the name of any property owner, or~tihe description of any property, or the amount of any assessment, or;any other matter or thing, shall in any wise in~ validate or imp air 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 corrected at a ny time by the City. X. A~l assessments levied are a personal liability and charge against the real and true owners of the premtses described, notwithstanding such owners may not be named, or may be incorrectly named • . . Passed a,.n d ~pproved this the 13th day of June A.. D. 1940. , ~ . ~pproved June 1940 • Pa sse d and this the 2?tbiay of ' A.D. ... ;~ .. ~ . ... .. ·Jtaslre<?.. a n,d a-pproved this the 3rdday of ,A.D. 1940. . . ity 4 cretary.