HomeMy WebLinkAboutOrdinance - 685-1942 - Levy Assessments Improving Portions Of Washington Ave - 03/27/1942TEE STATE OF TEXAS I
LUBBOCK COUNT!' I
ORDINANCE NO. 685
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On this the 27th day or March, 1942, the City Commissioners of
the City of Lubbock, Texas, in the above mentioned county, convened in
Recessed Regular Session, Recessed from Regular Meeting or March 12,
1942, in the Regular Meeting Place in the said City, the members
thereo t, to-wit :
Mayor
Commissioner
Commissioner
City Attorney
City Secretary
C E Slaton
Hub Jones
Garland Newsom
Durwood H. Bradley
Lavenia Williams
Absent: Commissioner W .G. McMillan, and
Commissioner W.B. Price
being present and passed the following Ordinance.
ORDINANCE CLOSING BEARING AND lEVYING ASSESSMH:NTS FOR A PART OF THE
COST OF IMPROVING A PORTION OF WASHINGTON AVENUE AND SUNDRY OTHER
STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, 'l'EXAS, AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENI'S, AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE TFlEREOF.
Commissioner Jones moved that the ordinance be placed on its first
reading; seconded by Commissioner Newsom and carried by the
following vote:
All members voting AYE.
No: None.
Carried: Ordinance placed on first reading.
Commissioner Jones moved that the ordinance pass first reading;
seconded by Commissioner Newsom, and ~arried by the following vote:
All members voting AYE.
No: None.
Carried: Ordinance passed first reading.
c
RECESSED REGULAR MEETING.
Lubbock, Texas, April 10, 1942.
On this the lOth day of April, 1g42, the City Commission of the City ot
Lubbock, Texas, in the above mentioned County, convened in Recessed
Regular Session, Recessed :from Regular Meeting ot March 12, 1942,
at the Regular Meeting Place in the City Hall, the following a.embers
thereof being present, to-wit:
Mayor
Commissioners
City Attorney
City Secretary
C E Slaton
W G McMillan
Hub Jones
Garland Newsom
Durwoo d H Bradle 1
Lavenia Williams
Absenni Commissioner W.B. Price
and passed the :following ordinance on Second reading.
ORDINANCE NO • 685
ORDDiANCE CLOSING BEARING AND LEVYlNG ASSESSMENTS FOR A PART OF
THE COST OF IMPROVrnG A PORTION OF WASHINGTON AVENtE AND SUNDRY
OTHER STREETS, AVENUES AND ALLEYS IN TEE: CITY OF LUBBOCK, TEXAS,
AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, .AliB FOR
THE ISSUANCE OF .ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF.
Commissioner JoKes moved that the ordinance be placed on its
second reading; seconded by Commissioner Newsom, and carried by the
:following vote:
All members present voting AYE. ·
No: None.
Carried: Ordinance placed on second reading.
Commissioner Jones moved that the ordinance pass second reading;
seconded by Commissioner Ne~om, and carried by the :following vote:
All members present voting AYE.
No: None.
Carried: Ordinance passed second reading.
· ...
On this the 23rd day of April, 1942, the City Commission of the
City or Lubbock, Texas, in the above mentioned county, convened in
Regular session at the regular meeting place in said City, the
following members thereof being present, to-wit:
Mayor C E Slaton,
Comm.isai. oner Hub Jones,
Commissioner Garland Newsom
Commissioner W.B. Price
Commissioner W .G. McMillan
City Attorney Durwood H. Bradley
City Secretary Lavenia Williams
Absent: None.
and passed the following ordinance on third reading.
ORDINANCE NO • 685
ORDINANCE CLOSING HEARING AND U:VYING .ASSESSMSNTS FOR A PART OF
THE COST OF IMPROVING A PO~ION OF WASHINGTON AVENUE AND SUNDR!
OTHER STREETS, 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.
Commissioner Newsom moved that the ordinance be placed on its
third reading; seconded by Commissioner Jones, and carried by
the following vote:
All members voting AYE.
No: None.
Carried: Ordinance placed on Third reading.
Commissioner Newsom 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 . b w·
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF
THE COST OF ·I.MPROVING .$>ORTION OF Washington .avenue,
AND SUNDRY OTHER STREETS, AVENUES AND .ALLEYS IN TI:IF; CITY OF LUBBOCK,
TEXAS, AND PROVIDING FOR TEE COIJ.ECTION OF SUCH ASSESffi.!ENTS, .AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF,
\VHEREAS, the City Commission of the City of Lubbock, has heretofore
ordered that the below mention ed portions of streets and alleys in said
City be improved by raising, grading and filling, and by installing
concrete curbs and gutters on UnitsNo. 402, 403, 404, 405, 406, 407,
408, 409, and paving with quadruple course asphalt surface treatment
{Inverted Penetration Type) on a Six (6) Inch Compacted Caliche base,
tog~ther with necessary incidentals and appurtenances, all as provided
in the specifications prepared by the City Engineer, now an file with
said City; and arrangement for the making and construction of such
improvements was entered into with City of Lubbock, said streets, avenues
and alleys being as follows; to-wit:
Washington Avenue from its intersection with the South Property
Line of 20th Street to its intersection with the North Property
Line of 21st Street, known and designated as Unit or District No. 402 •.
Washington Avenue from its intersection with the. &outh Property
Line of 21st Street to its intersection with the North Property
Line of 22nd Street, known and designated as Unit or District No. 403.
5th Street from its intersection with the West Property Line of
Avenue J to its intersection with the East Property Line of Avenue K,
Known and designated -as Unit or District No. 404.
25th Street from its intersection with the West Property Line of
Avenue G to its intersection with the East Property Line of Avenue
H, known and designated as Unit or District No. 405.
Avenue V from its intersection with the South Property Line of 9th
Street to its intersection with the North Property Line of lOth
Street, known and designated as Unit or District No. 406.
Van Buren Avenue trom its intersection with the S outh Gutter Line
of 19th Street to its intersection with the North Property Line of
20th Street, known and designated as Unit or District No. 40?.
Van Buren Avenue from its intersection with the S outh Property Line
of '20th Street to its intersection with the North Property Line of
21st Street, knoWn and designated as Unit or District No. 408.
Van Buren Avenue from its intersection with the South Property Line
of 2~t Street to its intersection with the North Property Line of
22nd Street, known and designated as Unit or District No. 409.
WHEREAS, the City Engineer prepared rolls or statements for 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 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 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 _ 27th day of March , A.D.
1942, at 1:30 e )1A: · o'clock 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 matters, and the follovdng protests were made concerning
the ilt.provement in the units indicated, namely:
None.
And all objections and protests 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 all pa rties desiring to be heard, and
having fully considered all matters presented for consideration, and
having fully considered all o f the evidence, and all pertinent and
proper matters, is of opinion that the--following ci~~,position should
be made of such protests and ob~ections, and that assessments should
be made as herein prdained::
THEREFORE, BE IT ORDAINED BY TEE CITY OOMMISSION OF THE CITY OF
LUBBOCK, TEXAS ; THKT ,
I.
All protests and objections, whether herein specifically mentioned
or not, shall be and the same are hereby overruled and the said hearing,
with respectto each and all of said Units, is hereby closed.
II.
The City Commission, f'roni. the evidence, finds that the ass e ssments
herein levied shall be made and levied against the respective
parcels of property abutting upon the said portions of streets and
Avenues and alleys, 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 benefi ts
received and burdens imposed, and further finds that in each case the
abutting property assessed is specially benefitted in the enhanced value
thereof by means of the improvement in the Unit upon whteh the particular
property abuts, and for which assessment is levied, in a sum in excess
of the asse s sment levied against same by this ordinance, and further
finds that the apporttnment of the cost of the improvements is in
accordance with the proceedings heretofore taken and had with referehce
to such improvements and is in all respects valid and regu lar.
III.
That there shall be and is hereby levi~d and assessed against the
parcels of property hereinbelow mentioned and against the real
and true ~vners 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; mhe descriptions
of such property, and several amounts assessed against same, and the
owners thereof, being as follows:
PAVlliG ASSESSMENT
CITY OF LUBBOCK Unit # 402
Washing~n Avenue
Width 30 Ft. From s.P.L. 20th St. to the N.P.L. 21st St.
A s s e s s e d
Owner Lot Block Add'n. No. P a v 1 n g Curb at 40¢ Ft. Total
West ~ide Ft. Rate Cost Lin.Ft. Cost Cost
Nannie Lou Ellwood $212.10 148 $ 59.20 $271.30
Robertson 21 7 Place 150 $1.41402
S A Beard 3t)j 11 " 150 " 212.10 148 59.20 271.30
East Side
Lillie S.
Hubbert 11 &. 12 6 " 150 tt 212.10 148 59.20 271.30
0 P Harlan 13 12 " 150 " 212.11 148 59.20 271.31
Totals 600 $848.41 592 $236.80$1085.21
Total ProP.erty Owners Cost $1085.21
City Is, ,10% 1 '.' .94t3fl.. ·-V8!P.l8 1 otal $1179 .48
Washington A,rente
Width 30 Feet. Unit # OO&!r).
From S.P.L. 21st St. to the N.P.L. 22nd St.
West Side
A.B. Cunningham 1 14 Ellwood 150 $1.41402 $212.10 148 59.20 271.30
Place
R C Harvey
East Side
A I Glassman
Arthur Clary
Totals
30
11
12
Total ProQerty Owners Cost
City's 10%
Total
14 n
13
13
n
"
$1085.21
94.27
$1179.48
150
150
150
It
" "
212.10 148 59.20 2?1.30
212.10 148 59.20 271.30
212.11 148 59.20 2?1.31
600 $1.41402 $848.41 592 $236.80$1085.21
5th Street Unit # 404
Width 36 Feet.
Fro~ W.P .L. Avenue J to the E .P .L . Avenue K
North Side.
City of Lubbock All of
South Side
Wm.Tubbs Estate 24
Wm.Tubbs Estate 1
Tota ls
6
22
22
Original
Town
Total ProP.erty Owners Cost $1073.44
~ity's 10% 96.49
Tota l Cost $!169.93
Includes 20 feet of property
Own e rs g utt er ch arged at 25¢
pe r foot.
2?0
125
125
$1.67008 $450.92 270 $105.00$555.9~
" n
208.76
208.76
125 50.00 258.76
125 50.00 258.76
520 $1.67008 $868.44 520 $205.00$1073.4
Vlidth 30 Feet.
25th Street
North Side
Unit # 405
From W.P .L . Avenue G to the E,P.L . Ave. H
Owner Lot Block Addi-
tion
Paul Faulkner
Independent Ice
Company
South bide
16
15
Magnolia Petroleum
3
3
Company Lot 2, 3 and
Merrill's
tt
the Alley, Block 4,
Merrill's Add'n.
'l'otals
Total Property Owners Cost $1106.71
vity 's 10% 95.86
~0 tal Cost $1202 .57
No.
Ft.
147.5
147.5
315
610
A s s e s s e d
P a v i n g Curb ~ 40¢Ft.Total
Rate Cost Lin.Ft. Cost Cost
$1.41428 ~~208 .61 147 .5 59 .00$21i>'1.1n:
" 208.61 147.5 59.00 267.6:
fl 445 .49 315 126.00 571.4!
$862.71 610 $244.00$1106.~
Avenue V
Width 30 Feet.
West Side
A.C. Brown 1
Rufe Williams 24
East Side
Helen F .Rogers
!'(B.C.Rogers}
12
F D Blake 13
Totals
Total Pro~erty Owners
City's 10%
Total
From S.P.L. 9th St. to the N.P.L.
69 Overton
69 n
58 It
58 "
Cost $970.66
85.18
$1055.84
lOth Street
127.5 $1.50325
127.5 "
127.5 n
127.5 u
510
Unit # 406
$191.66 127.5$51.00$242.6€
191.66 l2 7 .5 51.00 242.6E
191.6? 127.5 51.00 242.6'
191.67 127.5 51.00 242 .6'
$766.66 510 $204.00$970.6E
Van Buren Avenue
From South Gutter Line of 19th Street to the
Width 30 Feet . N.P.L . 20th Street
West Side
Owner
F.W .Denman
Lot
1
No.
P a
Rate
Unit fl. 407
A s s e s s e d
v i n g Curb @ 40¢ Ft.
Cost Lin.Ft. Cost
Blo-Addi-
ck tion
1 Loma
Linda
Ft.
225 $1.60884 361.99 240.71
Total
Cost
$96.28 $458.2?
C S Denham 10
East Side
jT R Prideaux 8
Geo Smallwood 9
1 150
8 Uni¥e~sity 225
Place
8 " 150
Totals
Total ProP.erty Owners Cost
City's 10%
•rotal vost
750
$151?.60
134.07
$1651.67
It
n
Van Buren .Avenue
From S.P.L. 20th Street to the
Width 30 Feet .
C C Caldwell West 100' of the E. 125' of the
N. 150' of the s. 190' of the
NE 1/4 of the NVi 1/4 of the
N W 1/4 of Section 13, Block B
Lubbock County, Texas
241.32 148 59.20 300.5::
362.00 240.?1 96.29
241.32 148 59 .20
458.29
300.52
$1206.63 777.42 $310.97 $1517.60
Unit# 408
N.P .L . 21st Street
150 $1 .46267 $219.40 148 $59 .20 $278.60
W M Powell East 80 Feet of
Lot 6,Blk . 4 .Central 150 219 .40 148 59 .20 278 .60
East Side
Heights
Ben B. Hutchinson
Lot 12,Blk. 7 University
Place 150 n 219 .40 148 59 .20 278 .60
G E Pierce 13 7 tt 150 tt 219 .40 148 59 .20 278 .60
Totals 600 " $877 .60 592 $236.80 $1114 40
('
Total ProP.erty Owners Cost $1114.40
Cityts 10% 97.51
Total Cost $1211.91
'· -
PAVING ASSESSMENT
CITY OF LUBBOCK
Width 30 Feet.
Van Buren Avenue
West Side
Owner
From S.P.L. 21st St. to N.P.L. 22nd Street
Lot Blo-Addi-No. A s s e s s e d
Unit # 409
ck tion Ft. P a v i n g Curb ~ 40¢ Ft. Total
Rate Cost Lin.Ft. Cost Cost
Maude R. Roles 8 5 Central $1.46267
Marys. Cooke 9
East Side
~ravis H. Calvin 12
C B Lawrence 13
Totals
Hts.150
5 tt 150
6 University
Place 150
6 tt 150
600
Total Pro~erty Ovmers Cost
City's lOro
Total vost
$1114.40
97.51
$1211.91
tt
" "
$219.40
219.40
219.40
219.40
148
148
148
148
$59.20
59.20
59.20
59.20
$278.60
2?8.60
2?8.60
278.60
$8??.60 592 $236.80$1114.40
TI.o.i t " .;,..0
•
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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 anyother 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 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) perceht per annum, together with reason-
able 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 wlich 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 cla1m 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-v;it:
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 partbular 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 ~nd acceptance, the fourth install-
ment 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 ann~,payable annually with each installment, so that upon
comple~ion 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 the date of such completion 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 the assessment upon which such
default is made shall, at the optio~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 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 to 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 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.
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, which certificates shall be executed by the
Mayor in the name of the City, attasted 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 othenvise identity 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 unknm~, then to so s~ate 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 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 o ption of City of Lubbock or its
assigns, the whole of the said assessment egidenced 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 shall set forth and evidence the personal liability of
the O\~ers 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 o f Lubbo ck, as above recited, or
by suit in any court having jurisdiction.
The said certificates shall further recite in eff ect that all pro-
ceedings with reference to making said improvements have beEnregula rly
had in compliance with the law in force and proceedings of the City of
Lubbock, and that all prerequisites to 'the fixin g of the lien and claim
of personal liability evidenced by such certif ica tes have been r eg ularly
done and performed, which recitals sha11 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 atta ched thereto in evidence
of each of any of the several installments the reof, or they may h a ve
coupons for each of the first four installments, le&ving the main certi-
ficate 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 sane, either by virtue of the said
certificate or any contra ct to pay the same entered into by the property
owners, and tha t the Collector 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 o f the coupon therefor, receipted
in full jy said Contra ctor, or o~her holder or ·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. An d the s aid certificates shall further
provide in effect that the City of Lubbock shall exercise all of its
lawful n owers when requested so to do by the holder of said certificates,
to aid ln 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.
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...
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VIII.
The assessments levied by this ordinance for the improvements in each
Unit are altogether separate and aistinct from assessments in each and
every 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 cost 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 considered and determined alto-
gether 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 i mpair 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 there-
of, 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 :b.o't be named, or may be incorrectly named.
PASSED AND APPROVED THIS THE 27th
PASSED AND APPROVED THIS TRE lOth
PASSED AND APPROVED THIS THE 23rd
day or March A.D. 1942.
day of _A..,.p_r..:;;i..;;;l~----' A.D. 1942.
day of April , A.D. 1942.