HomeMy WebLinkAboutOrdinance - 662-1941 - Levy Assessment Cost Of Improving Ave H - 02/27/1941v
ORDINANCE NO. __ u_~_
oz-2-=1--1.94 I
03-13 -1.94---1
03-27-194-'(
ORDINANCE CLOSING HEARD'!G AND LEVYING ASSESSMENTS FOR A PART OF THE COST
OF IMPROVING A PORI'ION OF AVENUE H IN THE CITY OF LUBBOCK, TEXAS, AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSW.:.ENTS AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND
WHEREAS, the City ConEissio n of the City of Lubbock has her~tofore ordered
that the hereinbelow mentioned portions of Avenue H in said vity be im-
proved by removing the present narrow brick pavement and raplacing with a
wide pavement and raising, grading and filling and by installing concrete
curbs and gutters on Unit No. 391, and paving with a quadruple course,
asphalt surface treatment (inverted penetration type) on a 6n compacted
caliche base together with necessary incidentals and appurtenances, all
as provided in the specifications prepared by the City ~ngineer, now on
file with said Ci~ and arrangement for the making and construction of
such improvements was entered into with the City of Lubbock for the
improvement of said portion of Avenue H as follows, to-wit:
Avenue H from its intersection with the South Property Line of 16th Street
to its intersection with the South Property Line of 19th Street, as pro-
duced from the West, known and designated as Unit or Vistrict No. 391 •
. ~REAS , the City Engineer prepared rolls or statements for the improve-
ments in said District or Unit No. 391, showing the amounts to be assessed
against the various parcels of abutting property and owne :r·s 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 prop&r notice was given and such hearing was had and held at
the time and place fixed therefor, to-wit: on the 2?th day of Feb.,
1941, at 1:30 o'clock P.I ..• , 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 protests and objec-
tions 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 City with reference to such matters and the
following protests were made concerning the improvements in the units
indicated, namely:
None.
.... .. ·-
.;
And all ob~ections and protests made were fully c onsidered and said
hearing was continued from day to day and from time to time until this
date, and the City Commi~sion having fully and fairly heard all parties
making any protest and all parties desiring to be heard, end having fully
considered all matters presented for consideration, and having fully
considered all of the evidence, and all pertinent and proper matters,
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:
THEREFORE, BE IT ORDAINED BY THE CITY COMMI SSION 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.
The ~ity 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 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 is especially benefitted in the enhanced value there-
of 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 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 hs hereby levied and assessed against the
parcels of property hereinbelow mentioned and against the real and true
owners thereof, whether such ~mers be correctly named herein or not,
the sums of money below mentioned and itemized shown opposite the
description of the respective parcels of property; ~he ~ascriptions of
such property, and several amounts assessed against same, and the
owners thereof~ being as follows:
PJ.VING .A.SSESSMEtfT .Avenue H (Widening) 15GINEER 1 S Unit {f 391
CITY OF ~::SOCK ROLLS
From SPL 16th Street to \he SPL 19th Street
Width 6o Feet
Assessed
Owner .A.ddi-No. Paving CUrb 0 4o¢ Ft. Total
West Side Lot mock tion Ft. Rate Cost Lin. Ft. Cost Cost
T T Carpenter 20 198 Orig-26 $3·32790 $15662 51.91 $20.76 $107.28
town
T T Carpenter 19 198 " 26 86.52 26 10.Uo 96.92
T T Carpenter 18 198 " 26 86.52 26 10.40 96.92
T T Carpenter 17 198 " 26 86.52 26 10.~ 96.92
T T Carpenter 16 198 " 26 86.52 26 10.l!o 96.92
:B Sherrod 15,1\1& 13 198 " 78 259-58 78 31.20 290· 78
0 W McLeod 12 & 11 198 " 52 173·05 77-91 31.17 204.22
]Ob Merrill 20 & 19 & 18 214 " 78 259·58 10).91 41.56 3()1.14
J .A. Hodges 17 & 16 214 .. 52 173-05 52 20.~0 193.S5
· Willie B Harvey iR 214 If 26 86.52 26 10.0.0 96.92
Mrs Mary Whalen 21~ " 26 86.52 26 10.110 96.92
M M Crawford 13 & 12 214 " 52 173·05 52 20.80 193·85
S H Scott 11 214 " 26 86.52 51-91 20.76 107.28
Robert Werrill 24 & 23 230 " 52 173·05 77-91 31-17 204.22
A ll Leftwich 22, 21 20, & 19
230 If 104 • J46.10 104 41.60 387.70
A W Leftwich 18 & 17 230 " 52 • 171.05 52 20.80 193-~5
A C :Brown 16, 15, & 14 230 " 78 It 259-58 78 31.20 290 .. 78
A C :Brown 13 230 " 26 It 86.52 26 10.~ 96.92
Charley Lockhart
69.2 1 x 125'Paralle1
& South of Lot 13 230 " 69.2 " 230-29 69.20 27.68 257 ·97
East Side
W X Dickinson
Sr. Eatate 1 199 " 26 II 86.53 51.e1 20.~ 107.29
1t' D Green 2 199 If 26 It 86.53 26 10. 96.93
J .A. Kullins 3, 4, 5
6 & 7 ,s 199 It 156 " 519.15 156 62.40 :;!1. 55
Phillips Petroleum Co·
199 9 & 10 " 52 " 173·05 77-91 31-17 204.22
J D Jones 1&2 215 52 " 173·05 71·91 31.17 204.22
E .A. Hankins ~ 215 26 " 86.53 26 10.UO 96.93
.E .A. Banltin • 215 26 " 86.53 26 lO.llo 96·93
J: .A. Hallkins ~ 215 26 " 86.53 26 lO.UO 96·93
E A Razlkins 215 26 " 86.53 26 10.40 96.93
B J Pool 7 215 26 • 86.53 26 10.40 96·93
:B J Pool g 215 26 " 86.53 26 10 .11() 96.93
H A Lee w. ~of 9 215 26 " 86.53 26 10.~ 96·93
J 0 Ballinger 10 215 26 If 86.53 51.91 20.76 107.29
Y M Crawford 1, 2, 3 231 78 " 259-58 103-91 41.56 J)l.14
R M LaFont 4 &: 5 231 52 n 173·05 52 20.SO 193-85
GW&JV
lnrdett 6, 7. & 8 231 If 78 " 259-58 78 31.20 290.78
Louis Feldman 9 & 10 231 • 52 " 173·05 52 20.80 193.85
W F Cole 11 & 12 231 " 52 " 173·05 52 20,80 193·85
.A. W Leftwich
68. 4• x 12 5' Parallel
to & South of Lot 12 231 " 68.4 " 22].63 68.bo ?7.36 254.99
Total a 1801.6 $5995·55 $2060.70 $824.28 $6819.83
Totai Propertr Owner's Cost $6819.83
Ci ty1 a Share of tf> 820.59
Total Cost of this Unit $7~~42
(;
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 as~essments and
in holding said hearing the amounts so assessed for .fmprov:~ments· in one
Unit have been in nowise aff"ected by any :l!ict in any wise connected with
the imp*ovements, or the assessments therefor, or any other unit.
v.
,, .. . . . ; .
~hat the several sums above mentioned assessed against said parcels of'
property, and against t4e -real . and. ·tr1;1e . owp.ers ther~of, and . .il;l.terest
thereon at the rate of' six {6)-per cent per annum, together with reason-
able .. a tto_rney' s fees and cos.ts of collection, . if j,ncurr~(i, a~. here by
declared to be and made a lien upon the respective parcels of p'roperty
agains.t which, the se.rp.e are assesseq., and .. :~. peJ;'sonal liability ~d
charge against the real and tru·e owners thereof, whether or iiot such
owners pe co rr.ectly !18.1lle ~. here_in, and !3U01l liens shal.l be S,Il-4 .CC?nst i tute
the first entoroeable claim against the property assessed, and shall be a
first a-nd paramoun-t! J,.ien, super~or to all-o:ther li~ns and cl~i.ms, except
State, county and municipal taxes, and the sums so assessed shall be
payable as follows, to-wit:
' -
In five ~qual installments, the first payable on or before ten (10)
days a:rt~r 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 acce'ptan.'ce' the third installment clue on or before two years from .
said: dat~· ."o:f. -c'Qmpl·et ion· 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 c-ompletion
and acceptance; and sunh assessments shall bear interest from the date of
such completion and acceptance at the rate of 6% ~er ·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 payable in such in~~allments ,. and with interest from date of such
completion and acceptance, provided that any owner shall have the right
to pay o~f · the·enti~e .assessment, or any installment thereof, before
maturity, by payment ' of principal and accrued interest, and provided
furthe~ ·thS:t .i::f .·.g_efa.ul~-· sha.ll be mad~ j,.n . t-he paym~nt . pf .a .ny ins·tal4oent
promptly as the same matures, then the entire amount of ~he ass·essi!lent
upon whi<$~·~'-JtCh P.et&u,;J.t is ma·de . s)lall, at the optton of <.;i ty of Lubbock
or its assigns, be and become immediately due and payable, and shall be
collectible .with: ~easnna ble:. attorney '·S !ee.s and .o.o st.s · ot. ·.c qllec t,ion1 if
incurred. . . ~· ..... -·,,,
• ... • ~ • • j
VI.
. .. ''
The City of Lubbock shall not in any manner be liable for the payment of
any s~~ hereby assessed -against any property and the gwners . ·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 l.ii ty shall exercise all of its Jawful
powers to aid in the enforcement and collection of said liens and
assessments, and if defa ult shall b e made in the payment of any assess-
ment, collection thereof shall be enforced eitner 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
nonpayment of ad valorem 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.
I o ... • .c. ..
., I
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, 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, w5ich certificates shall be executed by the
Mayor in the name of the ity, 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~et thereof, or such other description
as may otherwise identify the same, and if the said :xroperty shall be
owned by an estate, then to so state the description thereof as so
owned shall be sufficient, or if the name r ... 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 certificate shall further provide substantially that if default
~h~ll 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 sh~ll at once become
due and payable, and shall be collectible with reasonable attorney's
fees and costs of collection, if incurred. Ana said certifiBates 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 4 ssessor
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 sai.d improvements have been reg].llarly had in
compliance with the law in force and proceedings of the vity of Lubbock,
and that all prere quisites 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 certificat es 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 Yirtue of the said
certificate or any contract to pay the same entered into by the property
owners, and that the Colleator of Taxes will deposit all sums so received
by him forthwith with the City Treasurer, and upon the payment of any
installment with interest upon the surrender of the coupon therefor,
~ceipted in full by said Contractor, or other holder of said certificate,
the Cbty Treasurer shall pay the amount so collected and due thereon to
said ontractor, or other holder, which coupons so receipted shall be the
Treasurer's warrant for pa~ent. 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 t : is ordinance for the improvement in
each Unit are altog ether separate and distinct from assessments
in each and every other unit. The assessments for t h e improvements
i n 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 i provements, and all
othe r 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 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, invalidity, or irregularity in the name of any
property owner, or the description of any property, or the amount of
any assessment, or in any other matte r or thing, shall in any wise
invalidate or imp~ir 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 any time by the City.
X.
All assessments levied are a personal liability and charge against
the real and true owners of the premises described, notwithstanding
such owners may not be named, or may be incorrectly named.
Passed and approved this the -~--day of __ Februar~ __ , 1941.
Passed and approved this the ~~-day of March ____ .__.__....,__. __ _ 1941.
Passed and approved this the ~7th day of ___ Mar,gh___. __ _ 1941.
~~ C1ty S'ecretar y .