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HomeMy WebLinkAboutOrdinance - 887-1948 - Levying Assessment For Improving Portion Of 23Rd St. - 09/23/1948( 09-2. ~-1.94cQ \ '0 -(4 -1..94'8 ORDINANCE NO. S§? \0 -\ c:;-1..9-+~ . AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS111ENTS FOR A PART OF THE COST OF Dll'ROVING A PORTION OF 2,.3RD .STREET.,.. 24TH STREET, AVENUE W, 20TE!. STR.EF:r, 27th STREET, AVENUE V1 .318~ STREET, SANDERS STREET, .32ND STREET, 29TH STREET', AVEN'UE K, JACKSON . ~VENUE, 26~ STREET, HARRI SOU AVENUE, AVENUE u; 25TH STREETI A VENUE 1'1 , VERHON A '1/:EmJE, 8TH STREET, 21ST STREET, .3.3RD STREET, 28TH STREET, ADANS AVE'i.HJE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRI BED IN THE PAVING ASSESS!·Dd~TS OF THE CITY OF LUBBOCK ATTACHED HERETO AND HADE A PART HEPJ.OClF AND PORTIONS OF SUNDRY OTHER STREETS, A.VEUUES A1D ALLEYS I N 'l'HE CITY OF LUBBOCK, • TEXAS, AID PROVIDllm FOR THE COLLECTION OF SUCH ASSESSJ..iENTS, AND FOR THE !SSU~.NCE OF ASSIGNABLE CERTIFICATES IN EVIDEUCE THEREOF, ALLOCATDm FUNDS, WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets, avenues and/or alleys be improved by raising, grading and filling and paving, and by installing concrete curbs and gutters· and drains where necessary on Units Nos. 698, 699, 709, 701, 702, 70.3, 704, 705, 706, 708, 711, 712, 714, 715, 717, 718, 719, 720, 727, 728, 729, 7.3.3, 7.34, 7.35, 7.36, 7.37, 7.38, 7.39, 741, 742, 74.3, 744, 745, 746, 747, 7413, 749, 750,. 751, 752, ,-. 754, 755, 756, 757, 758, 759, 760, 761, 76S, 769, 770, 771-A, 771-:B', 772, 77.3, 774, 775, 7}t}, 776-and. 778, the paving to be of quadruple course asphalt surface treatment (Inverted Penetration Type) on a six (6) inch compacted caliche base, together uith necessary incidentals and appurtenances, all as provided in the s pecifications prepared by the City Engineer, now on file uith said City; and arrangement for the making and construction of such imnrovements and contract was entered into between the City of Lubbock and L. A. Purtell, Contractor, said streets, avenues and alleys being as follows, to-wit: 2.3rd. Street from its intersection with the 1i1est Property Line of Avenue 1. to its intersection vdth the East Property Line of Avenue P, known and designated a, a_ Unit No. 69S. 24th Street from its intersection with the West Property Line of Avenue P to its intersection with the East Property Line of Avenue Q, knoun and designated as Unit No. 699. Avenue W from its intersection with the South Property Line of 19th Street to its intersection uith the North Property Line of 20th Street, known and designa- __tea as Unit No. 700. Avenue 1.f from its intersection with the South Property Line of 20th Street to its intersection Hith the North Property Line of 21st Street, known and desig- nated as Unit No. 701. Avenue lo.J .from its intersection ,.n. th the South Property Line of 21st Street to its intersection with the North Property Line of 22nd Street, known and desig- nated as Unit No. 702. Avenue W from its inters~ction with the South Property Line of 22nd Street to its intersection ldth the North Property Line of 2.3rd Street, known and desig- nated as Unit No. 70.3. Avenue W from its intersection with the South Property Line of 2.3rd Street to its intersection tdth the North Property Line of 24th Street, known and desig- nated· as Unit No. 704. If I L1 r· -· 2. Avenue W from its intersection with the South Property Line or 24th Street to its intersection with the North ,Property Line of 25th Street, kno1n1 and desig- nated as Unit No. 705. 20th Street from its intersection with the West Property Line or Tyler Avenue to its intersection with the West Property Line of Polk Avenue, knotm and desig- nated as Unit No. 706. 27th Street from its intersection with the West Property Line 0f Jackson Avenue to its intersection l.Jith the East Property Line of Van Buren Avenue, know and designated as Unit No. 708. Avenue V from its intersection l-ri th the South Property Line of North Second Street to its intersection with the Center Line of 1st Street, known and designated as Unit No. 711. Avenue V from its intersection with the Center Line of 1st Street to its intersection mth the l!orth Property Line of 2nd Street, know and designated as Unit No. 712. 31st Street from its intersection l.Jith the West Property Line of College Avenue to its intersedtion l·rlth the \.J'est Property Line of \fashington Avenue, kno-wn and designated as Unit Ho. 714. 31st Street from its intersection with the l.J'est Property Line of \·lashington ·Avenue to its intersection vTith the 1r1est Property Line of Adams Avenue, lmown and designated as Unit No. 715. Sanders Street from its intersection with the West Property Line of Vernon Avenue to its intersection with the West Property Line of Uvalde Avenue, known and designated as Unit No. 717. J2nd Street from its intersection with the West Property Line of Washington Avenue to its intersection with the West Property Line of Adams Avenue, known and designated as Unit No. 718. 32nd Street from its intersection 1.ori. th the lfest Property Line of Adams Avenue to its intersection uith the \-Test Property Line of Jefferson Avenue, lmown and designated as Unit No. 719. J2nd Street from its intersection with the West Property Line of Jefferson to its intersection 1-.ri th the ltlest Property Line of Honroe Avenue, known and desig- nated as Unit No. 720. Avenue W from its intersection vri.th the South Property Line of 25th Street to its intersection with the North Property Line of 26th Street, known and desig- nated as Unit No. 727. Avenue W from its 'intersection with the South Property Line of 26th Street to its intersection Hith the north Property Line of 27th Street, knmm and designated as Unit Ho. 728. 29th Street from its intersection with the East Property Line of Monroe Avenue to it~ intersection Hith the East Property Line of Jackson Avenue, knotm and designated as Unit No .. 729. ~-===~~====·~~--~-===~====~-----=~=========----=4== \ - 3. Avenue K from its intersection with the South Property Line of 25th Street to its intersection Hith the East Property Line of Avenue L, known and desig- nated as Unit No~ 733 •. 24th Street from its intersection with the West Property Line of Avenue T to its intersection ldth the East Property Line of Avenue u, known and designated as Unit No. 734. Jackson Avenue from its intersedtion with the South Property Line of 22nd Street to its intersection with the North Property Line of 23rd Street, known and designated as Unit No. 735. 26th Street from its intersection with the West Property Line of Avenue Q to its intersection t-rith the East Property Line of Avenue s, !mown and designated as Unit No. 736. 29th Street from its intersection vdth the East Property Line of Avenue H to its intersection with the East Property Line of Morning Side Addition, knolm and designated as Unit No. 737. Harrison Avenue from its intersection with the South Property Line of 19th Street to its intersection idth the North Property Line of 20th Street, kno'!.om and designated as Unit No. 738. Harrison 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 No. 739. Avenue U from its intersection with the South Property Line of 5th Street to its intersection with the North Property Line of' 6th Street, knovrn and desig-· nated as Unit No. 74J.. 25th Street from its intersection lilth the West Property Line of T,yler Avenue to its intersection with the West Prope_rty Line of Polk Avenue, known and designated as Unit No. 742. Avenue H from its intersection with the South Property Line of 2nd Street to its intersection with the l~orth Property Line of 4th Street, known and desig- nated as Unit No. 743. Vernon Avenue from its intersection with the North Property Line of 1st Street to its intersection with the North Property Line of 2nd S.treet, known and Designated as Unit Iiio. 744. : Vernon Avenue from its intersection with the North Property Line of 2nd Street to its intersection lvi.th ·t,he North Property Line of Sanders Street, lmown and designated as Unit No. 745. Vernon Avenue from its intersection with the South Property Line of Sanders Street to its intersection 'l.Tith the North Property Line of 3rd Street, known and designated as Unit No~ 746. Vernon Avenue from its intersection with the North Property Line of 3rd Street to its intersection with the North Property Line of 4th Street, known and designated as Unit No. 747. ~- 4. 8th Street from its intersection with the West Property Line of Avenue N to its intersection vrith the East Property Line of Avenue 0, know and designated as Unit No. 71.$. Avenue V from its intersection with the South Property Line of 32nd Street to its intersection with the Genter Line of 33rd Street, lcnown and designated as Unit No. 749. Avenue V from its intersection with the Center Line of 33rd Street to its intersection with the North Property Line of 34th Street, known and designated as Unit No. 750. 23rd Street from its intersection with the East Property Line of Avenue L to its intersection with the West Property Line of Avenue K, lmoun and designated as Unit No. 751. 23rd. Street from its intersection Hith the East Property Line of Avenue K to its intersection 1dth the Iil&&t Property Line of,dW@ft'l9 :a., lmmm and desig- nated as Unit No. 752. >/J&$I· ''-y r.S ~ reet !iits in~ction wit.Vthe Eas~o p ertyWtne of 1tf(.;!Ue J to ersecti \d th th ·est Proper!!' Line OJ\Texa s Av~ 1 lmo~d ted as n t No. 5 • 23rd Street from its intersection with the East Property Line of Texas Avenue to its intersection with the West Property Line of Avenue H, known and desig- nated as Unit Noo 754. 21st Street from its intersection with the West Property Line of T,yler Avenue to its intersection with the West Property Line of Polk Avenue, known and designated as Unit il o. 755. 33rd Street from its intersection With the West Property Kine of College !venue to its intersection with the Uest Property Line of washington Ll.venue, lmown and designated as Unit No. 756. 33rd Street from its intersection \dth the West Property Line of l,/ashington Avenue to its intersection with the \Vest Property Line of Adams Avenue, known and designated as Unit No. 757. 33rd street from its intersection with the l.fest Property Line of Adams Avenue to its intersection rrith the East Property Line of Jefferson Avenue, knolm and designated as Unit No. 758. 33rd Street from its intersection with the East Property Line of Jefferson Avenue to its intersection \dth the East Property Line of Monroe Avenue, kno~m and designated as Unit No. 759. 31st Street from its intersection with the West Property Line of Avenue L to its intersection with the East Property Line of Avenue N, knovm and designated as Unit No. 76o. 31st Street from its intersection with the \olest Property Line of Avenue N to ita intersection with the East Property Line of Avenue P, lcnown and designated as Unit No. 761. 1 I 5. 33rd Street from its intersection with the West Property Line of Avenue L to its intersection with the East Property Line of Avenue N, known and designated as Unit No. 768. 33rd Street from its intersection with the vlest Property Line of Avenue N to its intersection 'o~i th the East Property Line of Avenue P, lmo1.m and designated as Unit Ho. 7&:;. 28th Street from its intersection \<lith the West Property Line of Monroe Avenue to its intersection with the Center Line of Jackson Avenue, .known and designated as Unit No. 770. 28th Street from ita intersection with the Center Line of Van Buren ~enue to its intersection with the Hast Property Line of Tyler Avenue, knoHn and designated as Unit No. 771-A. 28th Street from its intersection with the Center Line of Jackson Avenue to its intersection 1dth the Center Line of Van Buren Avenue, known and designa- ted as Unit No. 771-B. Adams Avenue from its intersection with the North Property Line of College View Addition to its intersection with the North Property Line of 31st Street, known and designated as Unit lio. 772.· Adams Avenue from its intersection with the South Property Line of 31st Street, to its intersection with the North Property Line of 32nd Street, known and designated as Unit No. 773. Adams Avenue from its intersection with the South Property Line of 32nd Street, to its intersection with the North Property Line of 33rd Street, known and designated as Unit No. 774. Adams Avenue from its intersedtion ldth the South Property Line of 33rd Street, to its intersection 'tdth the North Property Line of 34th Street, known and designated as Unit No. 775. Avenue U from its intersection with the South Property Line of 4th St~eet, to its intersection with the North Property Line of 5th Street, known and designated as Unit No., 740. Avenue U from its Intersection ldth the South Property Line of 32nd Street to its intersection with the North Property Line of 35th Street and 33rd Street from its intersection with the West Property Line of Avenue T to its intersec- tion with the East Property Line of Avenue V, known and designated as Unit No. 776. 28th Street from its intersection with the West Property Line of Avenue P to its intersection with the East Property Line of Avenue Q, knolm and designated as Unit No. 778. 6. t/ WHEREAS, the City Engineer prepared rolls or statements for the improvement~ in each Unit, showing the amounts to be assessed ag~inst 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 ~ 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 23rd d~ of September, A. D., 1948 at 2:00 o'clock P. M., in the Commission Roam in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence t-TaS received and considered and all protests and objections made were considered, and said hearing t~s 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 follo,dng protests t-1ere made concerning the iraprovement in the units indicated namely: NONE. / And all objections and protests made vTere fully considered and said hearing was continued from day to dey and from time to time until this date, and the City Commission having fully and fairly heard all parties making a.ny protest and all parties desiring to be heard, and having fully considered all matters presented /for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is of opinion that the follotdng 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 CM1ISSION OF THE CITY OF LUBBOCK, TEXAS: I. That all protests and objections, whether herein specifically mention~. or not, shall be and the same are hereby overruled and the said hearing, •dth .respect to each and all of said Units, is hereby closed. II. The City Commission, from the evidence finds t hat the assessments herein levied shall be oade and levied against the respective parcels o~ property abutt- ing 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 otmers and respective properties, and between all parties concerned, considering benefits received and burdens imposed, and ~urther finds that in each case the abutting property assessed is specially benefited in the enhanced value thereof by means of the improvement in th.e 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 vd th reference to such improvements and is in all respects valid and regularo III. . .,;. .. That there shall be and is hc:""eby levied and assessed against the parcels of property herein belovT mentioned and ~:.., ... ainst the real and true owners thereof, whether such ovmers be correctly named u~rein or not, the sums of money below men- tioned and itemized shown opposite the descri?tion of the respective parcels of property; the descriptions of such property, at ... .,: several amotmts assessed against same, and the ol·l!A.~thereof', being as follows: 21( i ..__ ____ , \ ___ ___/ I! p 3 :1 That the assessments so levied are for the improvements in the particular Unit upon which the property described abuts, and the assessments for the improve- ments 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 assessed for improvements in one Unit have been in nowise affected by any fact in any 'lor.ise connected t-li.th 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 oviners thereof, and interest thereon at the rate of six (6) per cent per annum, together with reasonable attorneyta fees and costs of collection, if incurred, are hereby declared to be and made a lien1 upon the resp~ctive parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners thereof, t~ether or not such oHners be correctly named herein, and such liens shall be and con- stitute the first enforceable claim against the property assessed, and Shall be /a first and paramount lien, superior to all other liens and claims, e::tcept State, County and Municipal taxes, and the sums so assessed shall be payable as follovts, to-'tdt: 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 install- ment 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 1-r.i.th 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 the date of such completion and acceptance, provided that an1 o~mer shall have the right to p~ off the entire assessment, or any installment thereof, before maturity, by p~ent of principal and accrued interest, and provided further that if default shall be made in the payment of tmy installment promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of the City of Lubboclt, 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 p~ent 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 O'tmers thereof, for p~ent of the sums assessed against the respective parcels of property; but said City shall exercise all of its lawftu powers to aid in the enforcement and collection of said liens and assessments, and if default shall be made in the --~ ~~~----~--~----------------------------------~----~'~ s. • i' p~ent of any assessments 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- p~ent of ad valorem taxes, or, at the option of City of Lubbock, or itm assigns, pa;yment of said sums shall be enforced by suit in any court having jurisdiction. vn. For the purpose of evidencing the several sums assessed against the said parcels of property, and the owners therof, 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 accept~ance of the \·FOrk in each Unit of improvement as the work in such Unit is completed and accepted, uhich certificates shall be executed by the }iayor in the name of the City, attested by the City Secretary tnth 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 p~ent 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 other\·rise identify the same, and if the said property shall be o~med by an estate, then to so state the description thereof as so owned shall be sufficient, or if the name of the o!m.er beunlmown, then to so state shall be sufficient, a.nd no error or mistake in describing ~ property, or in giving the name of any owners, shall in any vase invalidate or impair the assessment levied hereby or the certi- ficate issued in evidence thereof. The said certificates shall further provide substantially that if default shall be made in the peym.ent of any installment of principal or interest when due, then, at the option of City of Lubbock, or its assigns, the '\-Thole 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 shall set forth and evidence the personal liability of the ovmers 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 prop erty by the tax Collector and Assessor of the City of' Lubbalc:k, as above re_cited, or by suit in a.ny court having jurisdictiolX'. 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 la"t.f in force and proceedings of the City of Lubbock, and that aJ.l pre- requisites 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 s everal installments thereof, or they m~ have coupons for each of the first four installments, leavL~g the main certificate for the fifth. Said certificates may fv.rther provide substantially that the amounts payable thereunder m~ be paid to the Collector of Taxes of the City, ~mo shall issue him receipt therefor, vmich receipt shall be evidence of such p~ent upon a~ demand for the se.me, either by virtue of the said certificerte or any contract - 9. . ' to pay the same entered into by the property 01-mers, and that the Co+lector of Taxes uill deposit all sums so received by him forthwith l·Iith the City Treasur- er, and upon the payment of ~ 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 otherholder, 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, \.Jhen requested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates m~ contain other and further recitals pertinent and appropriate thereto. It shall not he necessar,r 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 qy this ordinance for the improvements in each Unit are altogether separate and distinct 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 ~ other unit, and in making and lev,ring assessments the cost of the improvements in each Unit, the benefits by means of the improvements, and all other matters and things \d. th reference to ·~e improvements in each Unit, have been considered, and determined altogether Hithout reference to any such matters in any other unit, and the omis- sion of the improvements in any unit shall in nowise affect or impair the validity of assessments :for the im 'rovements in any other unit.. The omission of improvements in ~ particular unit in front of any property exempt from the lien of such assessments shall in nowise affect or impair the validity of assess- ments against other property in that unit. IX ... Uo mistake, error, invalidity, or irregularity in the ne.me of any property owner, or the description of any pronerty, or the amount of ~ assessment, or in any other matter or thing, shall in any wise invalidate or impair any assessment levied hereby or any certificate j_ssued, and any such mistake, error, invalidity, or irregularity, whether in such assessment or in the certificate issued in evidence thereof, m~ be corrected at any time by the City. All assessments levied are a personal liability and charge against the real and true m-mers of the premises described, notldthstanding such o>mers may not be named, or may be incorrectly named. -- 10. XI. All funds obtained and accruing from the certificates herein provided for shall be placed in the Street Improvement Fund and dra\~ upon to finance the improvements herein contemplated and the J:1ayor is authorized to execute the certificates for such purposes. Passed and approved this the 22 day of Se;ptrmbe:r:: ' A. D., 1948. Passed and approved this the lift day of e{teJ~~-' A. D., 1948. Passed and approved this the 15 day of October 1948 . AT'I'EST: ~~~~~01-.