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HomeMy WebLinkAboutOrdinance - 900-1949 - Levying Assessments For Improving A Portion Of 29Th St. - 02/10/1949\ ( I •· ' 02 -t O-l...9-4...9 ORDINANCE N0 .. .._.2Q......,.0~- 02 -2.4-1~4...9- 03 -t c._ 1-...S}4..9 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS-IENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF. 29TH STR.E!m',. TILER AVENUE AND FILLMORE A~, SUOH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVDlG; ASSESSMENTS OF THE CITY OF LUBBOCK ATrACHED HERETO AND MADE A PART HERmF AND PORTIONS OF' SUNDRY OTHER. gfREETS AVENUES AND ALLEYS IN THE CITY OF LUBBOCK TEXAS AND PROVIDING FOR THE COf.LECTION OF SUCH ASSESS.mNTS, AND FOR THE I§sUANCE, OF.' ASSIGNABLE CERTIFIC-ATES IN mDENCE THERmF, ALLOCATING FUNDS. WHEREAS, the City ot Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets, avenues and/or alleys be improved b7 raising,) grading and filling and paving, and by installing concrete curbs and gutters; and drains where necessary on Units Nos. 7851 826, 8'Z7, 814, 815, 816 and 817, the paving to be of quadruple course asphalt surte.ce treatment (Inverted · Penetration~) on a six (6) inch compacted caliche base, together with necessar.y incidentals and appurtenances, all as provided in the specification$ prepared by the CitY' Engineer, now on file w.tth said City; and arrangement for the mald ng and construction of suob improveuents and contract was entered into between the City o£ Lubbock and L. 1. Purtell, Contractor, said streets, avenues and alleys being as follows, to-w.i:bt' 29th Street trom its intersection with the West Propert7 Line of Jackson Avenue to its intersection with the East PropertJ' Line o£ FUlmore Avenue, know and designated as Unit No. 785. Fillmore Avenue from its intersection with the North Propert,' Line of 28th Street to its intersection with the North Property Line et 29th Street, known and designated as Unit No. 826. Fillmore Avenue from its inters•ction with the Sbu:th PropertY' Line o£ 29th Street to its intersection with the Sbuth PropertY' Line ot 30th Street, known and designated as Unit No. 8Z7. Trler Avenue from its intersection with the Center Line of 24th Street te its intersection with the North Property Line ot 26th Street, known and designated as Unit No. 814. i)'ler Avenue trom its intersection with the South Property Line of 26th Street to its intersection with the North Property Line ot 28th Street, known and designated as Unit No. 81!). Tyler Avenue trom its intersection with the South Property Line of 28th to itst intersec~ion w.l th the North PropertY' Line of 29th Street, knovn and designated as Unit No. 816. T;yler Avenue trom its intersection w1 th the South Property Line ot 29th Street to its intersection with the North .Propert7 Line ot 33rd Street, known and designated as thit No. 817 • WHEREAS, the City Engineer prepared rolls or statemeats for the improvements: in each Unit, showing the amounts to be assessed against the various paroelSJ of abutting property, and the owners thereof, and showing other matters and things; and same were examined by the C1 ty C'ommission and approved, and a time and place 'vas fiad for a hearing to the owners of such abutting propertY' 11 and to all others in aQY wise interested, and due and proper notioe was given, and suoh hearing vas had and held at the time and place fixed therefor, to-wit, on the loth~ of Februar,y, A. D.~ 1949 at 2:00 otcloak P. M., in the Commission RoCD in the City-of Lubbock, Teas, and at suoh hearing all desiring to be heard were tul.ly and fairJ.T 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 prooeedings of the City with reference to such matters, and the following protests were made concerning the improvement in the units indicated namely: NONE. And all objections and protests made were fully-considered and said hearing vas continued from dq to dq and fran time to time until this date, and the City C'olllllission having f'ully and f'airlJ' heard all parties mald.Dg 8JJ1' protest and all parties desiring to be heard, and having fully-considered all matters presented for consideration, and having f'ull7 considered all of the evidence, and all pertinent and proper matters is of 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 CCMMISSION; CF THE CIT! OF LUBBOCK,_. TEXASr I. That all proetests and objections, whether hereim apeoitically mentioned or not, shall be and the same are hereby overruled and the said hearing, with respect to each and all of said Un1 ts, is hereby closed. II. The City-Commission, from the evidence finds that the assessments herein levied shall be made and levied against the respective parcels of property-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 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 specially benefited in the enhanced value thereof by means of' the improvement in the Unit upon 'Which the particular property abuts, and for which awseasment is levied, in a sum in excess of the assessment levied against same by this ordinance, and turther 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. ( I tn'f, j lb t tagd; ;1 Ue the 7 'pM 3 T t '=a pu wl ~ .-e, an:El tile a'•a•a til&il'i&i'; 'ni•s •• l •ililuu ' ~B.,tla i•,eertrui ,,, IJPte'rs' 'tow 1 1 ''f1 '''tft nr• 'P £! a u I s 1}. IV. That the assessments so levied are for the improvements in the particular Unit upon ~mich the property described abuts, and the assessments for the improv ments in one Unit are in no\iise related to or connected with the improvements in ~ other Unit, and in making assessments and in holding said hearing the ~QUDta so assessed for improvements in one Unit have been in nowise affected by ~ fact in ant wise connected with the improvements, or the assessments therefor, or a ny other unit,., v. That the several sums above mentioned assessed against said parcels or property, and against the real and true owners thereof, and interest thereon at the rate of six ( 6) per cent per annum, t"Ogether 'With reasonable attorney' s fees and costs of collection, if incurred, are hereby declared to be and made a lien upon the respective pardels of property against which the mrune are assessed, and a personal liability and charge against the real and true owners thereof, whether or not such owners be corrf3otly named herein, and such liens shall be and con- stitute the first enforceable olaim against the property assessed, and shall be a first and paramount lien, superior to all other liens and claims, except State, County and munioipal taxes, and the sums so assessed shall be payable as follOW's, to-wit1 In five equal installments, the first pqable on or before ten (10) dqs after the completion and acceptance by the said City of the improvements in the unit upon whioh 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 tram said date of oompletion and acceptance 1 the :.fifth installment due on or before four years from said date of dompletion and acceptance; and such assessments shall bear interest from the date of suoh completion and acceptance at the rate of 6% per annum, pa.rable annually with eaoh installment, so that upon completion and acoeptanoe of the improvements in a particular unit assessments against the property abutting upon such completed and accepted unit shall be and become due and peyable in suoh installments and with interest from the date of such completion and acceptance, provided that &n7 owner shall have the right to p~ off the entire assessment, or a.ny installment thereof 1 before maturity, by p~ent of principal and accrued interest, and provided further that if default shall be made in the payment of aJl1 installment promptly as the same matures, then the entire amount of the assessment upon which suoh defaUlt is made shall, at the option of the City of Lubbock, or its assigns, be and become immediatelY' due and payable, and shall be collectible with reasonable attomeyt s fees and costs of collection, it incurred. () n. The City of Lubbock shall not in ~ manner be liable for the p~nt of arJ1' sums hereby assessed against &n:f' property and the owners thereof', but said City or Lubbock shall look-solely to said property, and the owners thereof, for p~ent of the sums assessed against the respective parcels of property; but said City shall exercise all of its lawtul. powers to aid in the enf'orcement and collection of said liens and assessments, and if default shall be made in the p~ent of ~ assessments collection thereof' shall be enforced either b.1 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- pqment of ad valorem taxes, or, at the option of City of' Lubbock, or its assigns, pa_yment of said sUDI.B shall be enforced by suit in aey court having jurisdiction. VII. For the purpose or evidencing the several sums assessed against the said parcels of property, and the owners, thereoe, and the time and terms of p83'Jilent~ and to aid in the enforcement thereof', assignable certificates shall be issued b.Y the City or Lubbock upon the completion and acceptance of' the work in each Unit of iq)rovement as the work in such Unit is completed and accepted, which certificates shall be executed by the M810r in the name of the City, attested by the City-Secretary with the corporate seal, and shall be pqable 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 aRij acceptance of the improvements for which the certificate is issued, and shall contain the name of the owner as aecuratel.7 as possible, and the description of the propert7 by lot and block number, or front feet thereof, or suoh other description as ~ otherwise identi.f)' 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 beunknown, then to so state shall be sufficient, and no error or mistake in describing fm7 propert7~ or in giving the name of' ezq owners, shall in ~ wise invalidate or impair the assessment levied hereby or the certt- fioate issued in evidence thereof. The said certificates shall furth$r provide substantially that if default 8hall be made in the p~ent of' ~ installment of principal or interest when due, then, at the option of City of Lubbock, or its assigns, the whole of the said assessment evidenced thereby shall at once become due and p~able, 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 ef'f'ect if def'aul t shall be made in the pa;yment thereof the same may be enforced either by the sal.e of the property by the Tax Collector and Asseasor-~or the City of Lubbock, as above recited, or by suit in &n1 court having jurisdiction. The said certificates shall further recite in effect that all proceedings with reference to making said improvements have been regularly had in compliance with the law in force and proceedings of the City of Lubbock, and that all pre- requisites to the .fixing or the lien and claim of personal liability evidenced by' such certificates have been regularly done and performed, which recitals shall be evidenced of the matters and facts so recited, and no further proot thereof shall be required in ~ court. I c 0 ' ;. And the said certificates may have coupons attached thereto in evidence of each of any of the several installments thereof 1 or they ma~ have coupons for each of the first four installments, leaving the main o ertii"icate for the f'if'th. Said certificates may further provide substantially that the amounts pa;yable thereunder mq be paid to the Collector or Taxes of the City, who shall issue him receipt therefor, which receipt shall be evidence of such p~t upon ~ demand for the same, either by virtue of the said certificate or ~ contract to pq the same entered into by the property owners, and that the Collector of Taxes will deposit all sums so received by' him forthwith with the City Treas'Ul"- er, and upon the pqment of ~ installment with interest upon the surrender or the coupom therefor 1 receipted in f'ull by said Contractor, or other holder of said certificate, the City Treasurer shall pa.y the amoun..t so collected and due thereon to said Cbntraotor, or otherholder, 'Which coupons so receipted shall be the Treasurerls Warrant for p~ent. And the said certificates shall further provide in etf'eat that the City-of Lubbook shall exercise all of' its lawful powers, 'When requested so to do by the holder of said -'ertificatea; to aid in the enforcement and collection thereof, and said certificates may contain other and further reoitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exaot form as above set forth, but the substance and effect thereof shall suffice. VIII. The assessments levied by this ordinance for the improvements in each Unit are ~together separate and distinct from assessments in eaoh 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 an, other unit, and in making and levying assessments the cost of the improvements in eaoh 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 altogether without reference to ~ suah matters in a~ other unit, and the omis- sion of the improvements in aey-unit shall in nowise afteot or impair the validity of assessments for the improvements in ~ other unit. The omission of improvements in ~ particular unit in front of ~ 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. No mistake, error, invalidity, or irregularity in the name of any property owner, or the description of ~ property, or the amount of ~ assessment, or in ~ other matter or thing, shall in ~ wise invalidate or impair aqy assessment levied hereby or aey-certificate issued, and axq such mistake, error, invalidity, or irregularity~ whether in such assessment or in the certificate issued in evidence thereof, m~ be aerrected at ~ time by the City. 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 •1 be incorrectly named. c ( XI. All funds obtained and accruing from the certificates herein provided for shall be plaoed in the Street Improvement Fund and drawn upon to finance the improvements herein contemplated and the M~or is authorized to execute the certificates for such purposes. Passed and approved this the _1_0 __ day' of Passed and approved this the 24 d~ of Passed and approved this the __ l_o __ d.q or /luu . February , A. D • .., 1949. February , A. D., 1949 • March , A. n. 1949.