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HomeMy WebLinkAboutOrdinance - 674-1941 - Levying Assessment Improving Portion Ave N - 08/28/1941I .. \ .... . ·- LUBBOCK FORM ---- Tim STATE OF TEXAS I I COUNTY OF LUBBOCK l , ~ oe-~e -tst+ 1 oe \1 t-9'+1 0 ..9 -zs-r sq { l.P7lf On this, the 28th day of August, 1941, the City Commissioners of the City of Lubbock, Texas, in the above mentioned county, convened in Regular Session, in the regular meeting place in said city, the members thereof, to-wit: C .E. Slaton W.G. McMillan W.B. Price Hub Jones Garland Newsom Durwood H Bradley Lavenia Williams Mayor Commissi oner Commissioner Connnissioner Commissioner .City Attorney . City Secretary Absent: Commissioners W G McMillan and W.B. Price and City Attorney Durwoai H. Bradley being present and passed the following ordinance: ORDINiLT\TCE CLOSING HEARING AND LEVYlliG ;\SSESSJ.VIE:NTS FOR A PART OF TEE COST OF IMPROVING A PORTION OF AVENUE N, AND SUNDRY OTHER STREETS AND AVENUES IN THE CrrY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSN'ffi!NTS, AND FOR THE ISSUANCE OF .ASSIGNABlE CERTIFICATES IN EVIDENCE THEREOF, AND Co~~issioner Newsom moved that the ordinance be placed on its first reading; seconded Qy Commissioner Jones, and carried by the following vote: All members voting AYJ. No: None. Carried: Ordinance placed on first reading. Commissioner Newsom moved that the ordinance pass first reading; seconded by Commissioner Jones, and carried by the following vote: All members voting AYE. NO: None. Carried: Ordinance passed first reading. On this the . 11th day of September, 1941, the City Commissioners of the City of Lubbock, Texas, in the above mentione.d county, convened in Regular Session, in the regular Meeting Place in said City, the members thereof, to-wit: C.E. Slaton W.G. McMillan W.B. Price Garland Newsom Hub Jones Durwood H. Bradley Lavenia Williams Mayor Commissioner Commissioner Corn.miss ioner Commissioner City Attorney City Secretary Absent: Commissioners W .G. McMillan and Hub Jones) and passed the foilowing ordinance on S~cond Reading. • ORDINANCE CLOSING HEARJNG AND IE VYING ASSESSMENTS FOR A PART OF THE COST OF I.MPROVIN G A PORTION OF AVENUE N AND SUNDRY OTHER STREETS AND AVENUES IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE T:HH:REOF, AND Commissioner Price moved that the ordinance be pladed on its second reading; seconded by Commissioner Newsom and carried by the following vote1 All members present votite AYE . No: None. Carried: Ordinance placed on second reading . Commissioner Price moved that the ordinance pass second reading; seconded by Commissioner Newsom, and carried by the following vote: All members present voting AY"E . No: None. Carried: Ordinance passed second reading. On this the 25th dayof September, 1941, the City Commissioners of the City of Lubbock, Texas, in the above mentioned county, convened in Regular Session, in the regular meeting place in said City, the following members thereof being present, to-wit: Mayor C E Slaton, Commissioners W G McMillan, W B Price, Garland Newsom, Hub Jones, City Attorney Durwood H Bradley City Secretary Lavenia Willi~ Absent: Comm.is s ioner W G McNTill an , and passed the following ordinance on third reading . ORDlliANCE CLOSING HEARHJG AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF II~ROVING A PORTION OF AVENUE N AND SUNDRY OTHER STREETS AND AVENUES IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDTIJG FOR THE CO LIE CTION OF SUCH ASSESSJoAENTS, AND FOR TilE: ISSUANCE OF ASSIGNABlE CERTIFICATES IN EVIDENCE THEREOF, .AND Commissioner Price moved that the ordinance be placed on third reading; seconded bv Commissioner Newsom and carried by the following vote: All members present voting AYE. No: None. Carried: Ordinance placed on third and final reading. Commissioner Price moved that the ordinance pass third reading; seconded by Commissioner Newsom, and carried by the following vote: All members present voting AYE • '• No: None. Carried: Ordinance passed third and final reading. The Mayor then declared the ordinance finally passed. The Ordinance follows: ORDINANCE NO. 674 • --- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF nn>ROVING A PORTION OF A VENUE N AND SUNDRY otHER STREETS AND A VENUES IN THE CITY OF LUB:OOCK, TEXAS, AND PROVIDING FOR THE COLIE CTION OF SUCH ASSESSMENTS, AND FOR TI:IE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND WHEREAS, the City Commission of the City of Lubbock, has heretofore ordered that the below mentioned portions of streets and avenues · in said City be improved by raising, grading and filling and by installing concrete curbs and gutters on Units Nos. 366, 367, 400, and 401, and Paving with quadruple course asphalt surface treatment (Inverted Fenetration Type) on a Six (6} Inch Compacted Caliche Base, together with necessary indidentals and appurtenances, all as provided in the specifications prepared by the City Engineer, now on file with said Uity; and arrangement for the making and construction of such improvements was en -rered into with Of ty of Lubbock, said streets, and avenues being as follows, to-wit: Avenue N from its intersection with the South Eroperty Line of 26th Street to its intersection with the N0 rth ~r~perty Line of 27th Street, known and designated aas Unit or District No. 366. Avenue N from its intersection with the South Property Line of 27th Street to its intersection with the North Property Line of 30th Street, known and designated as Unit or District No. 367. Avenue V from its intersection with the South Property Line of lOth Street to its intersection with the North Property Line of Main Street, known and designated as Unit or District No. 400. Avenue H from its intersection with the South Property Line of Sanders street to 236.7 feet south of the South Property Line of 4th Street, known and designated as Unit or District No. 401. WHEREAS, the City Eng~er prepared rolls or statements for the improvements in each District or Unit, showing the amounts to be assessed against the various parcels of abutting Rroperty, and the owners, thereof, and showi~ 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 ot 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 thereofr, to-wit: on the 28th day of August, 1941, 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 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 City with reference to such natters and the following 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 tram time to time until this date, and the Qlty Commission having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having tully considered all matters presented tor 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 t BE IT ORDAINED BY THE 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. The City Commission, from the evidence, finds that the assessments here- in levied shall be made and levied against the respective parcels or 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, oo nsidering benefits received and burdens imposed, and fUrther finds that in each case the abutting property assessed 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 levid, 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 accord- ance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regalar. III. That there sha ll be and is hereby levied and assessed against the parcels of property hereinbelow mentioned and a8~inst 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 N Width 30 Ft. From S.P.L. 26th St. to the N.P.L. 27th St. Unit No. 366. Owner Lot B1o-Addi-No. West Side ck tion Ft. Mrs • M. E • Reed l 2 Eel-127.5 mont 0 E Wilcox 24 2 tf It East SideL G V Paden 12 1 Bel-127.5 mont E D Calvert 13 & w. 5' of 14:,Blk. 1 ... ~1~ Totals 510 Total Property Owner's Cost $948.46 City'w 10% 83.10 Total cost this Unit $1,031.56 Avenue N Width 30 Ft. A s s e s s e d - P a v i n g Curb @ 40¢ Ft. Total Rate Cost Lin.Ft. Cost Cost $1.46600$186.91 125.5 $50.20 $237.11 " 186.91 125.5 50.20 237.11 186.92 125.5 50.20 237.12 .. 186.92 125.5 ... _QQ~Q 23?.12 $747.66 502 $200.80 $948.46 Unit No. 367 From S.P.L. 27th St. to the N.P.L. 30th St. Ray R. Higgins E L Massie C W Reasonover Jewel Stewart 1 25 1 15 R S 0dom 16 Howard Stroud & Cora Lee Carter 10 Melba Subdivision of S H Glasson 11 Melba Subdivision ot East Side D A Dowe~l 12 Fred w. Standefer 13 W 0 Slack · 12 Lubbock Independent School District 3 Bel- mont 3. " 6 8 Rebin- son 8 " 9 tt 9 " 12? .5 11?. 130 130 74 74 4 Belmont 12? .5 4 " 127.5 5 " 117 7 &. 10 " " tt tt " " " rt " " " 221.50 146.85 203.25 195.?0 $50.20 $2'71.?0 58.74 280.24 ?8.28 281.53 225.84 146.85 58.74 284.58 225.84 146.85 58.74 284.58 128.55 90.85 36.34 164.89 128.55 72 28.80 157.35 221.50 125.5 50.20 221.50 146.85 58.74 203.25 155.70 62.28 271.70 280.24 265.53 821.70 527.85 211.14 1032.84 Totals 1880.5 $3575.18 1625 $1.73722 $2822.98 $?52.20 Total Property Owners Cost $3,5?5.18 City's 10% 313.66 Total cost this Unit $3,888.84 Avenue v Width 30 Ft. Unit No. 400 From s.P.L. lOth St. to the N.P.L. Main St. West Side Addi- Owner Lot Block tion A B Hughes 1 70 Over- ton cTanet M. McDonald 70 North 50' ot 24 " cTanet M. llcDonald 70 South 90' of 24 " East Side W 0 Sheely et ux 57 Lot 12 " G H Williams North 57' of Lot13 Block 57 " H cT Bingham South 83' of Lot 13 Block 57 " Totals Total Property Owner's Cost City's 10% :L'otal cost this Unit Assessed No. Pa:ving Ft. Rate Cost 140.0 $1.5255 50 " 90 " 140 " 57 " 83 n 560 $1,078.28 94.92 $1,173.20 $213.57 76.27 137.30 213.57 86.77 126~0 $854.28 Curb @ 40¢ Ft. Lin.Ft. Cost 140 $56.00 50 20.00 90 36.00 140 56.00 57 22.80 ~ 33.20 ....... ._._.....,.__ 560 $224.00 Total Cost $269.57 96.27 173.30 269.57 109.57 160.QQ $1078.28 '· .,_ Avenue H Width 50 Ft. Unit # 401 From S.P.L. Sanders St. to 236.?'8outh S.P.L. 4th St. West Side A s s e s s e d B1o-Addi-No. P a v i n g Curb G 40¢ Ft. Total Owner Lot ck tion Ft. Rate Cost Lin. Ft. Oest Cost H L Brooks 1 8 Lift' 50 $2.19082 $109.54 60.?1 $24.28 $133.82 Sanders H L Brooks 2 8 " 50 tl 109.54 50 20.00 129.54 H L Brooks North 40' ot Lot3 8 " 40 " 8?.63 40 16.00 103.63 Ethel Hufstedler Lot 4 & South 10' of' Lot 3 8 n 60 " d31.45 60 24.00 155.45 Ethel Hufstedler 5 8 " 50 " 109.54 50 20.00 129.54 Ethel Hufstedler 6 8 If 50 tt 109.54 50 20.00 129.54 J E Haynes ? 8 " " " 109.54 60.?1 24.28 133.82 H V Fields 1 ? " 50 It 109.54 60.?1 24.28 133.82 W D McClain z· ? " 50 ~ 109.54 50 20.00 129.54 W D McClain 3 ? " 50 tl 109.54 50 20.00 129.54 W D McClain 4 ? n 50 rr 109.54 50 20.00 129.54 W D McClain 5 ? II 50 '! 109.54 50 20.00 129.54 W D McClaiU, n 50 '! 199.54 50 20.00 129.54 6 7 - V{ D McClain 7 7 ~ 50 " 109.54 60.71 24.28 133.82 J J .Murphy 1 6 tl 43.5 " 95.30 54.21 21.69 116.99 J J Murphy 2 6 11 43.5 n 95.30 43.5 1?.40 112.70 J A Mullins 3 6 " 43.5 " 95.30 43.5 1?.40 112.70 J A Mullins 4 6 " 43.5 If 95.30 43.5 17.40 112.?0 J A Mullins Tract beginning 890.625 Vrs East of' s.w. Corner Survey ?9 Block A; Thence N. 150'; East 150'; South 150'; 150 West 150Ft., Block A, Lubbock County,Te:ms " 328.63 183.56 7?.43 406.06 William Lowrimore Lots 18 to 24, Incl. Orig. Block 8 Town 182 " 398.73 225.56 90.23 488.96 Peoples Ire Co. Lots 16 and 1? 8 " 52 " 113.92 52 20.80 134.72 East Side T T Brooks 1 2 Lif'f Sanders 50 " 109.54 60.?1 24.28 133.82 T T Brooks 2 2 " 50 .. 109. 54...-50 20.00 129.54 T T Brooks 3 2 " 50 !! 109.54 50 20.00 129.54 T T Brooks 4 2 " 50 " 109.54 50 20.00 129.54 T T Brooks 5 2 " 50 n 109.54 50 20.00 129.54 T T Brooks 6 2 " 50 q 109.54 50 ~ 20.00 129.54 T T Brooks ? 2 " 50 " 109.54 60.71 24.28 133.82 A A Cathey 1 1 " 50 " 109.54 50.71 24.28 133.82 A A Cathey 2 1 n 50 n 109.54 50 20.00 129.54 Irma Clay a~Vaughn) 3 1 !) 50 " 109.54 50 20.00 129.54 Mrs~Daisye Clay (Mrs Steve Clay) " 4 1 n 50 109.54 50 20.00 129.54 John W. Burleson 5 1 " 50 109.54 50 20.00 129.54 A A Cathey North 1/2 "' of Lot 6 1 " 25 " 54.?7 25 10.00 64.?? Florence Brophy South 1/2 of Lot 5 n & all Lot ? 1 " ?5 164.31 85.?1 34.29 198.60 ... AVENUE H vlidth so Ft. Unit # 401, continued From S.P.L. Sanders to the 236.?' South East Side, of s.P. L. 4th St. continued Owner Lot Block Addi-No. Total tion Ft. Rate Cost Lin. ~osm Cost Sam Koretzky Beginning 88?.3 Vrs. P't •. - West of S.E. Corner Survey ?9, Block A; Th West 125 Ft. Thence North 324'; East 125' South 324' to the plaoe'of beginning $2.19082 Block .& 324 709.83 368.2? 147.31 857.14 Lubbock County,Texas J W Burleson 1 9 Orig. 26 " 56.96 59.56 23.83 80.79 town J W Burleson 2 9 If 26 " 56.96 26 10.40 6? .36 J W Burleson 3 9 u 26 " 56.96 26 10.40 67.36 0 M Cross 4 9 " 26 " 56.96 26 10.40 67.36 Byrda Robertson Parker; Adelia Robertson McAlpine and Josephine Robertson Grisham Lot 5 9 " 26 56.96 26 10.40 6?.36 J A Mullins 6 9 " 26 ft 56.97. 26 10.40 67.3"! J W Burleson ? 9 If 26 " 56.97 26 10.40 6?.37 J ~/ Burleson 8 9 " 26 " 56.97 26 10.40 67.3? J W Burleson 9 9 " 26 " 56.9? _ _gg 10.40 67.37 - 2?77.34 $6623.05 Totals 2516 $2.19082 $5512.11 $1110.94 Total Property Owners Cost $ 6,623.05 City's 10% 612.46 Total Cost $ 7,235.51 .. . - IV. That the assessments so levied are for the improvements in the parti- cular Unit upon which the property described abuts, and the assessments for the improvements in one Unit ere 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 assessed for 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. That the several sums above mentioned assessed against said parcels af property, and against the real and true owners thereof, and interest thereon at the rate of six (6) per cent (6%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are heraby deo1ared to be and made a lien upon the respective parcels of property asainst 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 encorceable claim against the property &@sessed, ·and shall be a first and paramount lien, superior to all other liens and claints, 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 no) days after the completion and acceptance by the said City of the improvements in the uni-t upon which the pa.rti cular 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 ace~~tanoe; and such assessments shall bear interest from the date of such completion and acceptance at the rate of 6% per annum, payable annu- ally 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 installments, and with interest from date of such comp~tion and acceptance, provided that any owner shall have the right to pay 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 of any installment promptly as the same matures, then the entire amount of ~he assessment upon which such default is made shall, at the option of uity of Lubbock or it s 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 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 t o aid in the enforcement and collection of said liens and assessments, and if default shall be made in the payment of any assess- ment, collection thereof shall be enforced either 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 non- payment of ad vaolorm taxes, or, at the option of City of Lubbock, or its a~signs, 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, assignable certificates sh~ll 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 executed by the Mayor an the name of the City, attested by the City Secretary with the corporate seal, and shall be payable to City or 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 improve- ments tor which the certificate is issued, and shall contain the aama 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 certificate shall further provide substantially that if default shall be made in the payment of aqy installment of principal or interest when due, then at the option of vity of Lubbock, or its assigns, the whole of the said assessment evidenced there by sh~ll at once become due and payable, 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 saall be made in the -~~yment 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 jurisdtctioh¥. 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 matt~rs 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 pay- able thereunder may be paid to the Collector of Taxes of the Uity, 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 wl~l 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, receipted in full by said Contractor, or other holder of said certi11cate, the City Treasurer shall pay the amount so collected and due thereo~ 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 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 improvement in each Unit are altogether separate and distinct from assessments in each and every other unit. The assessments for the 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 of the improvements in each Unit, the bene~its by means of the improvements, and all other 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 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 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 descri~ed, notwithstanding such owners may not be named, or may be incorrectly named. Passed and approved this the ?eth _ day of _A_ ...... u'@g,....,....,,811Ut..._ ____ • A.D. 1941. Passed and approved this the 11th day of ~e~tember , A.D. 1941. Passed and approved this the 25th A.D. 1941. Attes~ :)u,M,~~ City ecretary. (Seal) Lubbock, Texas.