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HomeMy WebLinkAboutOrdinance - 917-1949 - Levying Assessment Cost Of Improving Ave P - 05/13/1949. . .• '\?. {) -1 l)r_7 D_ I z> _I / /1'7 ~/, h46 p 0 q ~ 389 05 -13 -1..9 4 9 n t'{ (} ~ 11 ete5-.se ~ec-o~e1-t!0 ' (I ORDINANCE NO. 917 · 9 e.b-. 11 t 957 • 0 '5 -2<.P -IJJ49 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A P Aft¥ OF~ d&~-%F IMPROVING A PORTION OF AVENUE P, 34TH STREET, AVENUE M, NORTH AVENUE M, NORTH .3RD ' STREET, NORTH AVENUE L, AVENUE O, MAPLE STREEl', 1ST STREET, NORTH AVENUE N, AVENUE H, NORTH AVENUE P, PARIS AVENUE, EAST AVENUE C, EAST AVENUE D, EAST AVENUE E, EAST 2.3RD STREET, lOTH STREET, EAST AVDJUE B, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVlNG ASSES~S OF THE CITY CP LUBBOCK ATTACHED HERETO .AND MADE A PART HEREOF AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESs-fENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THERJOO.F, ALLOCATING FUNDS. WHEREAS, the City of Lubbock bas heretofore ordered that the hereinbelow mentioned portions ot streets, avenues artii/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. 852, 857, 862, 86.3, 866, 8f/7, 868, 869, eno, a11, et12, ens, a?6, m, ens, 886, s87, 888, 889-A, 889-ll, 890, 891, 892, 89.3, and 1 919, the paving to be of ~uadruple oourse asphalt surface treatment (Inverted Pene- tration Type} on a six (6) inch compacted caliche base, together with necessary I incidentals and appurtenances, all as provided in the specifications prepared by the City Engineer, nov on tile with said City; and arrangement for the making and con- l structi<m of such improvements and contract vas entered into with the City of Lubbock, said streets, avenues and alleys being as follows, to-wit~ I I Avenue P tram its intersection vi th the Borth Property Line ot 27th Street Weet to its intersection with the North Paving Line of' 34th Street, deeigna.ted as Unit No. 852 • I .34th Street tram its intersection with the West Property Line ot Avenue Q to its internction with the West Property Line o£ Monroe Avenue, designated as Unit No. 857. North Avenue M and Avenue M tram its intersectiob vi th the North Property Line ot llo. .3!-d Street to its intereeotion vi th the South Property Line ot 2nd Street, des- ignated as Unit lfo. 862. North 3rd Street arid North Avenue L and Avenue L from the intersection of North .3rd Street with the East Property Line o£ North Avenue M to the Intersection with the · South Property Line of 2nd street, designated as unit No. 863. Avenue P frca its intersection with the North Property Line of 1st Street West to its intersection with Main Line P & S.F. Railway at 2nd Street, designated Unit No. 866. Avenue 0 from its intersection vi th the North Property Line of Harth .3rd Street to 'its intersection with the South Property-Line ot 2nd Street, designated as Unit H. 867. Maple Street :from 1 ts intersection vi th the East Property Line ot North Avenue 1 to its intersection with the East Property Line of N. Ave. o, designated as Unit No. 868. . lst Street tram its intersection with the West Property Line of Avenue L to its intersection with the East Property Line of .tvenua M, designated as Unit No. 869. l r~ lst Street from its intersection with the West PropertY' Line ot Uenue M to its intersection with the East Property Line of Avenue B, designated e.s Unit No. ~o. lst Street from its intersection with the West Property Line of Avenue I to ita intersection vi.th the East Propert,. Line ot Avenue O, designated as Unit No. 871. lat Street from its intersection with the West Propert7 Line of .&.venue o· to its , inter&Mction with the East Property Line or Avenue P, designated as Unit Ho. ~2. North Avenue N and . Avenue H from its intersection w1 th the South Propert7 Line or Maple Street to its intersection with the South Property Line of 2nd street, designated as Ulrl.t No. ~5. lorth J.venue N trom its intersection with the North Property Line ot North 3rd Street to its intersection w1 th the North Propert,y Line of Maple Street; designated as Un1 t No. ~6. Nort h Avenue P from its intersection with the North Property Line of 1st Street to its intersection with the North Property Line ot North )rd Street; designated as Unit Ho. ffl. Paris Avenue from its intersection with the Borth Property Line of 4th Street to its intersection with the North Property Line ot 2Dd StreetJ designated as Unit Ho. 878. East Avenue a tram its intersection with the South Property Line of East 19th street to its intersection with the South Property Line or last 26th Street; desig- nated as Unit No. 886. East Avenue D from its intersection with the South Property Line of East 19th Street to its intersection with the South Property Line or East 26th Street; de- signated as Unit No. 887 • East Avenue E from its intersection with the West Property Line of RaUroad Avenue tO its intersection with the South Property Line ot East 26th street; designs.tea as 1ID1 t No. 888.L ' East 23rd Street .from its intersection with the u. s. Highwa.y No. S7 to its intersection vith the West Property Line of East Avenue BJ designated as Unit No. 889-A. East 23rd. Street trcm its intersection vi tb the East Property Line of East Avenue B to its intersection with the West Propert7 Line ot East Avenue C; designated as Unit No. 889-B. East 23rd street lftD its ihterseotion vi th the East Property Line o:f' East .I venue 0 to its intersection vith the West Property Line of Bast Avenue D; designated as Unit No. 890. East 2.3rd Street tram its intersection with the East Property Line or East Avenue D to ita intersection with the West Property Line o:f' last Avenue B; designated as Unit No. 891. East 23rd Street .trom its intersection vi th the East Property-Line of East Avenue E to ita intersection with the West Property Line o:f' Railroad Avenue; designated as Unit No. 892o t: loth Street Widening f'rom its intersection with the West Gutter Line of Avenue L _,-../" / to its intersection v.i.th the East Gutter Line of' Avenue M; designated as Unit No. 893. East Avenue B tro:m. its intersection vi th the South Property Line of East 19th Street to its intersection w1 th the South Property Line of' East 26th Street; designated as Unit No. 919. 'WIIERUS, the Cit7 Engineer prepared rolls or statements for the improvements in each Unit, showing the amounts to be assessed against the various parcels of abuttiug property, and the owners thereof, and showing other matters and things; and same were examined by the Ci t7 Commission and approved, and a time and place was f'ixed for a bea.ri.Dg to the owners of such abutting propert7, and to all others in aD1' wise interested, and due and proper notice was given, and such hearing waa; had and held at the time and place fixed therefore, to-wit, on the 12th day' of Mq, A.D., ·1949 at la30 otclock P.M. in the Commission Room in the City of' Lubbock, Texas, and at such hearing all desiring to be heard were fullT and f'airly' 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 Cit7 and by the proceedings of the City-with reference to such matters, and the following protests were made concer- ning the improvement in the units indicated namely-: NONE And all objections and protests made were f'uJ.l.y considered and said hearing was continued from dq to ~and f'rom time to time until this date, and the City- Commission having tully and fairly heard all parties making an;r protest and all parties desiring to be heard, and having full¥ considered all matters presented for consideration, and having fully considered all of the evidence, and all per- tinent and proper matters is ot opinion that the following disposition should be made of such protests and objections, and that assessments should be made as herein ordained.· THEREORE; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: I. That 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, tram the evidence tinds that the assessments herein levied shall be made and levied against the respective parcels of property abutting upon the said portions of' streets and alleys, and avenues and against the owners ot sQ9h property, and that such aases811l8nts are right and proper and established substantial justice and equality-and uniformity between the respective owners and respective proporties, and between all parties concerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property-assessed is specially benef'i ted in the enhanced value thereof by means ot the improvement in the Unit upon which the particular property abuts, and tor wb1eh assessment is levied, in a sum in excess of the assessment levied against same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. III. That there Shall be and is hereby levied and assessed against the parcels of property herein below mentioned and against 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 Rmounts assessed against s~e, and the owners thereof, being as follows : J IV. That the assessments so levied are tor the improvements 1n the particular Unit upon which the property described abuts, and the assessments tor the improvements in one unit are in nowise related to or. connected with the improvements in aD7 other Unit. and in making assessments and in holding said hearing the amounts so assessed tor improvements in one Unit have been in nowise affected by any tact in any wise connected with the ~prove.ments, or the assesmnents therefor, or aDJ other unit. v. That the several sums above mentioned assessed against said par- cels ot property, and against the real and true owners thereof, and interest thereon at the rate of six {6) per cent per ~um, together with reasonable attorney's tees, and costs ot collection, it incurred, are hereby declared to be and made a lien upon the respective parcels ot property against which the smne are assessed, and a personal liabi- lity and charge against the real and true owners thereof, whether or not the owners be correctly named herein, and such liens .shall be and constitute the first enforceable cla~ against the property assessed, and shall be a first and paramount lien, superior to all other 11ans and claims, except State., County and municipal taxes, and the same so assessed shall be_payable as follows, to-wit: In tive equal instal~ents, the first payable on or before ten (10) days after the completion and acceptance by the said City ot the ~­ provements in the unit upon which the particular property abuts; the second instal~ent due on or before one year from said date ot 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 ot completion and acceptance, and the titth installment due on or before tour years tram said date ot completion and acceptance; and such assessments shall bear interest tram the date of such compl~tion and acceptance at the rate ot 6% per annum,, payable annually with each insta11ment, so that upon completion and acceptance of the improvements in a particular unit assessments against the property abutting upon such completed and accepted untt shall be and become due and payable in such installments and with in- terest from the date ot such completion and acceptance, provided that any ow.ner shall have the right to pay ott the entire assessment., or any instal1ment thereof~ before maturity, by payment ot principal and accrued interest, and provided further that if default shall be made in the pay- ment of an7 installment promptly as the s~e matures, then the entire amount ot the assessment upon which such default is made shall, at the option ot the City of Lubbock, or its assigns, be and become immediately due and payable, and shall be collectible with reasonable attorney's tees and costs of collection, it incurred. I VI. I' Tbe City of Lubbock shall not in ~ manner be liable tor the p~ent ot an:r sums hereby assessed against any property-and the ownera thereof, but said City of' Lubbock shall look solely to said property, and the owners thereof', for pa;y1118bt of the sums assessed against the respective parcels of' property; but said City shall exercise all of its lawful povere to aid in the enf'orcement and collection ot said liens and assessments, and if d.Elfault ehal.l be made in the payment of' 8111 asse881D8Jlts collection thereof shall be enforced either by sale ot the property by the Tax Collector and Aaaessor ot the Ci tT ot Lubbock as near as possible in the manner provided for the sale of property for the non- pqaent or ad valerem taxes, or, at the option of' City ot Lubbock, or its assigns, payment of' said sums shall be enforced by suit in any court having J ur1sdiction. 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 entoroement thereof', assignable certificates shall be issued by the City' of' Lubbock upon the aompletion and acceptance ot the work in each Unit of improvement as the work in such Unit is completed and accepted, which certificates shall be eacuted by the Ma.yor in the name of the City, attested by the Ci t7 Secretary vi th the corporate seal, and shall be p~ble to City or Lubbock or its assigns, and shall deolare the said amounts and the time and terms ot p~ent and rate or interest and date of' completion and acceptance ot the improvements for which the oertiticiate is issued, and shall contain the name of the owner as aocurate11' as possible, and the description of the property by lot and block n~ber, or front feet thereof, or such other description as may otherwise identify the name, and it the aaid property shall be owned by an estate, then to so state the description thereof as co owned shall be sufficient, or it the name of the owner be unknown, then to so state ahall. be sut'fioient, and no error o,r mistake in describing arq propert,y, or in giving the name of any owners, shall in ~ vise invalidate or impair the assessment levied hereby or the certi- ficate issued in evidence thereof. The ss.id certificates shall further provide substantially that if' default shall be made in the p83'Dlent or an,y installment of principal or interest vhen due, then, at the option of City or Lubbock, or its assigns, the whole of the said assessment evidenced thereby' shall at once become due and payable, and shall be collectible with reasonable attorneT' a tees and costs of collection, it incurl'ed. And said certificates ehal.l set forth and evidence the personal liabili t1 of' the owners of such property and the lien upon such propert1, and shall provide in effect it default shall be made in the p8l'1Jlent thereof the same ma,y be enforced either by the sale of' the propert7 b7 the Tax Collector and Assessor of the CitT of Lubbock, an above recited, or by suit in any court having jl.U"'isdiotion. The said oert1f1oates shall further recite in effect that all proceedings with reference to making said improvements haft been regularlT had in ccmpliance vi tb the law 1n force and proceedings of the Ci t1 of Lubbock, and that all pre- requisi tea to the fixing of the lien and claim of personal liablli ty 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 proof thereof shall be required in ~ court. .. And the said certificates may have coupons attached thereto in evidence of' each or ~ of the several inst~nts thereof', or they may have coupons for /' each of the first four installments, leaving the main certificate for the fifth. Said certificates may further provide substantially that the amounts payable thereunder may be paid to the Collector of Taxes of the City, who shall issue ht. receipt therefor, which receipt shall be evidence of such payment upon demand for the same, either by virtue of the said certificate or an;r contract to pay-for the same entered into by the property owners, and that the Collector of Taxes will deposit all sums reoeived by bill forthwith with the Cit7 Treasurer, . and upon the payment of a.n_y installment vi th 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 otherbolder, 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 entorc~ent and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessar.r that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suttice. VIII. The assessments levied by 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 ani t are in nowise affected by the improvements in or the assessments levied for the improvements in a~ other unit, and in making arq lriyiDg 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 altogether wi tbout reference to any such matters 1n any other unit, and the omis- sion of the improvements in arrr unit shall in nowise at:f'eat or impair the validi t7 of assessments for the improvements in any other tmi t. The omission of improvements in 8D7 particular unit in front of any property exempt from the lien of such assessments shall in nowise atf'ect or impair the validity of assess- ments against other property in that unit. IX. No mistake, error, invalidity, or irregularity in the name of arq propert7 owner, or the description of 81\Y property, or the amount of any assessment, or in ~ other matter or thing, shall in arq wise invalidate or ~pair ~ 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, ms,y be corrected at 8.DY' 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 ma;r be incorrectly named. .. • n. All tunde obtained and accuring trom the certificates herein provided tor shall be placed in the Street Improvement Fund and draw upon to finance the improvements herein contemplated and the Mayor is authorized to execute the certificates tor such purposes. Passed and approved this the ZSth day ot _ __...;j;H...-!.a.l..,; ""'", ___ , A.D. 194-"9'"---• Passed and approved this the 26th day ot May , A.D. 194._9_. Passed and approved this the 9th day ot June , A.D. 194 f • ATTEST: