HomeMy WebLinkAboutOrdinance - 925-1949 - Levy Assessment For Cost Of Improving A Portion Of College Ave. - 07/14/19490 :t--14 -1.9 4-9
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· AN ORDINANCE CLOSING BEARING AND LEVYING J.SSESS4ENTS FOR A PART OF THE COST
OF IMPROVIOO A PORTION OF COLLIDE AVENUE, .ADAMS AVENUB, WASHINGTON AVENUE, TILER
AVENUI, POLK AVENUE, FILlMORE AVENUI, HARRISON AVENUE, PRICE AVlilNUE, JACKSON AVENUE,
AVEHUI U, AVENUE W, AVENUE C, AVENUE T, .AVBNUE S, AVENUE I, AVDUI V, AVENOE J,
AVENUE H, 36'l'H S'l'RIET, Z7TH STREET, 3~'l'H STREET, ,30TH S1'RIET, 37TH STREET, 20TH
STREET, 26TH STREIT, 7TH STREET, 33rcl STR.B::ET AND 6TH STREET, SUCH PORTIONS BBING
MORI PAR'riCtrr.ARt.Y DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITI OF LUBBOCK Aft-
ACHED HERE'IO AND MAIB A PART HEREOF AND PORTIONS OF SUNDRY OTHER S'l'REI1'8, AVl!.NUES
AND J.LLE!'S IN 1'HE CITY OF LUBBOCK, TUAS, AND PROVIDING FOR THE COI..t:JOOTION OF SUCH
ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CIR.TIFIC.A.TES IN EVIDENCE 1'HERF.X)F,
ALLOCATING FllliDS.
WHEREAS, the Ci t7 of Lubbock hae heretofore ordered that the hereinbelow
mentioned portions ot streets, avenues aDd/ or allqe be improftd b;r raising, grading
and filling and paving, aDd b.r installing concrete curbs and gutters and drains
when necessary of Units Nos. 841, 842, 843, 844, 845, 846, 847, 848, 849, 850,
851, 853, 854, 85~, 856, 8~9, 860, 861, 864, 865, tr13, t/14, IY/9, 880, 881, 882,
883, 884, 894, 895, 896, m, 899, 900, 901, 902, 904, 90~, 906, 9(11, 908, 909,
910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923 aDd 943, tb.e paviz:ag
to be of q.~le course aspbalt surface treatment (InTerted. Penetration Type)
on a eix (6) inCh compacted caliche base, together with necee88.17 incidentals and
appurteDa!lCes, all as provided in the specifications prepared by the Cit7 Engineer,
now on rue vi th said Ci t7; and &rr81Jiement tor the D&&ld.Dg and construction of
such ~nts and contract ws entered into with the City of Lubbock, said
streets, avenues 8lld alley's being as follows, to-wit:
Avenue l1 tr. ita intersection vi th the South Property Line ot 3~th Street to its
intersection vlth the North Property Line ot 36th street, designated as Unit No.
841.
Avenu,e U f,_..its intersection with the South Proptrt,y Line ot 36th street to its
intersection vith the South P:replrt7 Line of 37th street, designated as llrrl.t No.
842.
36th Street f1'011l 1 ts intersection vi th the West Property Line ot Avenue U to its
1 intersection with the East Property Line of Jarrett .A.d4ition, designated as Unit
No. 843.
27th Street trca its intersection with the West Propert,-Line of 1)'ler Avenue to
its intersection with the West Property Line of Polk Avenue, 4e8illl'ft•ted as Unit No. 844. . .,-
· 35th Street trcm its intersection vith tlw West Property Line ot Avenue U to its
intersection v.l. th the Bast Property Line of Jarrett Adcli tiou, designated as Unit
NQ. 845.
36th street f'rom its intersection vlth the Bast Property Line ot Avenue W to its
intersection vi th the West Property Line ot College Avenue, designated as Un1 t No•
846.
College Avenue fran its intersection Vith the South Paving Line ot 34th Street to
its intersection with the North Propert,.. Line of 36th Street, designated as Unit
Ho. 847.
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Avenue W trom its intersection vith the South Paving Line of 34th Street to its
intersection vith the North Properl7 Line ot 35th Street, designated as Unit No.
8.48 •
.Avenue W from its intersection with the South Property Line ot 35th street to its
intersection with the North Property Line of 36th Street, des:lgDated as Unit No.
849 •
.30th Street from its intersection with the West Property Line of Van Buren Avenue
· to 1 ts intersection with the East Propert7 Line of 1')'ler Avenue, designated as
Unit No. 8$0.
3oth Street from its intersection vi th the West .Property' Line of Tyler Avenue to
its intersection with the East Property Line ot Fil.JJDore Avenue, designated u
Unit No. 851.
35th Street tram its intersection with the East Property Line ot Avenue V to ita
intersection with the East Property Line of .Avenue X, designated as Unit No. 853.
35th Street f'r<a 1 ts intersection with the East Propert7 Line ot Washington Avenue
to its intersection with the West Property Line of Adams Avenue, designated as
Unit No. 854.
Adsm.s Avenue f'rom its intersection with the South PaviDg Line ot 34th Street to
its intersection with the North Property Line ot 35th Street, designated as Unit
No. 855. '
flv < 'Avenue C tran its intersection vith the South Property Line of 13th Street to its
I ·intersection wi. th the North Propert)" Line of 14th street, d erd.gnated as t1D1 t No.
I 856.
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Avenue f fran its intersection vitb the North Property Line of 31'd street to its
intersection with the North Property Line of 4th Street, designated as Unit No.
859.
Adams Avenue tram. its intersection with the South Property Line ot 35th Street to
its intersection with the North Property Line ot 36th Street, designated as Unit
No. 861. ·
36th Street from its intersection with the East Property Line of WaabiJlgton Avenue
to its intersection vith the West Property Line ot Adams Avenue, designated as
Unit No. 861.
AvenueS tram its intersection with the Soutb Propert,. Line of lst Street to its
intersection with u.s. Hishway 84, designated as Unit No. 864.
-30f;b street trom its intersection with the East Paving Line of AV4plP16 H to its
intersection with the West Property Line ot Avenue B, designated~ Unit No. 865,
Washington Avenue from 1 ts intersection vi th the South Propert,y Line ot 31st Street.
to its intersection 'With the North Property Line o£ 32nd street, designated as Unit
No. t/73.
WasbiDgton Avenue from its intersection vith the South Property Line ot 32Dd Street
to its intersection with the North Property Line ot 33rd Street, designated as thdt
No. '874.
College Avenue f'l"om its intersection with the South Property Line of 36th Street
to its intersection 'With the North Propert7 Line o£ 37th Street, designated as
l1Dit No. f?ll9.
37th Street tram. its intersection with the East Property Line of Avenue W to its
intersection 'With the West Property Line ot College Avenue, designated as Unit No.
880.
Avenue W tram its intersection with the South Property Line o£ 36th Street to its
intersection with the North Property Line ot 37th Street, designated as Unit No.
881.
Avenue X frca its intersection with the South Property Line ot 36th Street to its
intersection with the North Property Line ot 37th Street, deaigD&ted as Unit llo.
882.
Tyler Avenue tram its intersection vi tb the South Propert7 Line ot 2lst Street East
to ita intersection with the South Property Line ot Ellwood Street, designated as
Unit No. 883.
'lfler Avenue tram its intersection with the North Propert,y Line ot 33rd street to
its intersection with the North Paving Line ot 34th Street, designated as Unit No.
884.
AveJ:t.11e V fMm its intersection with the South Property Line ot 3rd Street to its
intersection with the North Propert7 Line ot 4th street, designated as Unit No. 894.
Avenue J fran its intersection with the South Propert7 Line ot 19th Street to its
intersection with the Korth Propert7 Line of 23rd Street, designated as Unit No. S9S.
20th Street fran its intersection with the East Property L1De ot Avenue K to its
intersection vith the West Property Line ot Avenue J, designated as UDi t No. 896.
Widening ot Avenue H tram. ita intersection with the South Property Line ot 26th
Street to ita intersection with the South Propert,. Line ot 29th Street, designated
as unit No. 897.
Avenue U from 1 ts intersection Vi th the South Propert7 Line ot 29th Street to its
intersection with the North Property Line of 30th Street, designated as Unit No.
899.
Avenue T from its intersection with the North Propert7 Line ot 33rd Street to its
int~rsection 'With the North Paving Line ot 34th Street, designated as Unit No. 900.
Polk Avenue trcm its intersection with the South Property Line of 25th Street to its
intersection with the North Propert7 Line ot 26th Street, designated as Unit No. 901.
Polk Avenue tram 1 ts intersection w1 th the South Property Line ot 26th Street to
ita intersection with the North Propert)" Line or Z7th Street, designated as Unit
No. 902.
26th Street from its intersection vith the West Propert7 Line of Tqlor Avenue to
its intersection with the West Property Line ot Polk Avenue, desigll&ted as Unit No.
904. -... ~
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27th Street tram its intersection v.tth the West Property Line of' Polk Avenue to its
intersection with the West Propert7 Line ot Fillmore .&:venue, designated as Unit No.
905.
PUaore Avenue flUJl its intersection w1 th the South Property Line ot 27th street
to ita iDtereectioD with the Borth Property Line ot 28th Street, designated as
1ll1 t No. 906.
Polk Avenue from its intersection vlth the South Propel"tT Line of 29th Street to its
interaction vith' the North Property Line ot .30th Street, designated as Unit No. m.
Harrison Avenue f'roa its intersection with the South PropertJ' Line of' 26th Street to
its intersection With the North Property Line of' 27th street, designated as Unit No.
908.
Harrison Avenue fram i te intersection with the South Propert7 Line of 27th Street to
its intersection with the North Property Line ot 28th Street, deaiguated as Ubit No.
909.
Harrison Avanue free its intersection w1 th the South Property Line of' 28th Street to
its intersection with the Borth Property Line of 29th Street, designated aa Unit No.
910.
l Harrison Avezme traa its intersection with the South Propert,-Line of 29th Street to
it. :lnteraection with the North Propert7 Line ot 30th Street, deaignated u Unit
lo. 911.
Price AftDUe f'l"CCI ita intersection vith the South Property Line ot 26th Stree.t to
its intersection vlth tbe North Property Line of 27th street, designated as Unit
lo. 912.
Prioe Avenue tram 1 ts intersection w1 th the South Property Line ot 27th street to
its intersection with the North Propert7 Line of' 28th Street, designated as Unit
No. 913.
Price .A.nnue f'rcm ita intersection with the South Propert)r Line of' 28th Street to
its intersection with the Borth Propert)" Line of 29th Street, designated as Unit No.
914.
Price Awnue from its intersection with the South Property Line ot 29th street to
its intersection with the South Propert7 Line ot 30th Street, cleeignated as Unit lo.
915.
JackaOD A'nnUe fraa its intersection with the So$ Property Line of' 28th Street to
ita intersection with the Borth Property LlDe of 29th Street, designated u Unit
Bo. 916.
Jackaon Avenue traa its 1Dtersect1on with tbe South Propert)" Line of' 29th street
to its interMcrtiOD with the Worth Propert)" Line of ;30th Street, designated as Unit
lo. 917.
7th .street .f'raiL its intersection with the West Property Line or Avenue H to ita
iDtt:taeotion with the East Propert7 L:lne of Texas Avenue, designated as Unit No. 918.
~ !treat tram its interseotioD vi th the !)let Propert)" Line ot Van Buren Avenue to
lii-liitersection with the East Property Line ot T)"ler Avenue, designated as UDit No.
911.
35th Street from its intersection with the 'West Property Line of College Avenue to
Its intersection with the East Property Line of Washington Avenue, designated as
Unit No •. 922.
36th Street from its intersection with the West Property Line of College Avenue to
its intersection w ith the East Property Line of Washington Avenue, designated as
Unit No. 923.
6th Street .from 1 ts intersection with the East Property Line of Texas Avenue to
its intersection with the P & SF Railroad, designated as Unit No. 943.
WHEREAS, the City Engineer prepared rolls or statements for the improvements
in each Unit, showing the amounts to be assessed against the various parcels of
abutting property, and the Olmers thereof, and showing other matters and things;
and s~e 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 v.i.se 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 _1..,.4-.tw.h......._ __ _
day of ·D1J1 1 A.D., 194S. at 2;30 _o'clock P.Ivl., 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 LaH in force in this
, City and by the proceedings of the City with reference to euch matters, and the
1 follo1dng protests '~re made concerning the improvement in the units indicated
namely: NONE.
And all objections and protests made were fully considered and said hearing
was continued from day to day and from time to time until this ·date, end the City
Commission having fully and fairly heard all parties making aQY 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 follouing disposition should
be made of such protests and objections, and that assessments should be made as
herein ordained.
THEREroRE, BE IT ORDAINED BY THE CITY CCMMISSION OF THE CITY OF LUBBOCK, TEXAS:
I'.
That all protests and objections, whether herein s peoifically 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 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 theowners of
such property, and that such assessments are right and proper and established
substantial justice and equality and uniformity between the respective owners and
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respective properties, and between all parties concerned, considering benefits rec-
eived 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
assessment is levied, in a sum in excess of the assessment levied against same b.Y
this ordinance, and further finds that the apportionment of the cost of the improve-
ments 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 here~ 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 men-
tioned and itemized show 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:
'
f
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 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 ~ fact
in an1 wise connected with the improvements, or the assessments therefor, or ~
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 sir (6) per cent per annum, together with reasonable 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 which the same are assessed, and
a personal liability and char~ against the real and true owers thereof, whether
or not such owners be correct named herein, and such liens shall be and con-
stitute the first enforceable laim against the property assessed, and shall be
a first and paramount lien, superior to all othe~ liens and claims, except State,
County and municipal taxes, and the sums so assessed shall be payable as follows,
to-,dt:
In five equal installments, the first payable on or before ten (10) d~s
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
co~etion and acceptance; and such assessments shall bear interest from the
date of such completion and acceptance at the rate of 6% per annum, payable
1annually 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 p~able in such
installments and with interest from the date of such completion and acceptance,
provided that ~ 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 any default shall be made in the pay.ment of
any 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
J..Ubbock, or its assigns, be and become immediately due and payable, and shall
pe 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
6n1 sums hereb,y assessed against any property and the owners thereof, but said
~ity of Lubbock shall look solely to said property, and the m.rners thereof, for
. ayment of the sums assessed against the respective parcels of property; but said
ity shall exercise all of its lawful powers to aid in the enforcement and
pollection of said liens and assessments, and if default shall be made in the
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p~ent of any assessments collection thereof shall be enforced either b,r scale
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 optton of City of Lubbock, or its; assigns,
peyoment of said sums shall be enforced by alii t 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 "t-rork 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, attested by
the City Secretary 'With the corporate seal, and shall be pe,yable to City of
Lubbock or its assigns, and shall declare the said amounts and the time and ter.ms
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 otherwise
identifY the same, and if the said property shall be owned by an estate, then to
so state the description thereof as so o\med 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 o£ any owners, shall in
any wise invalidate or impair the assessment levied hereby or the certificate
issued in evidence thereof.
1 The said certificates shall further provide substantially that if default
shall be made in the payment of any inst~nt of principal or interest when due,
than, at the option of City of 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 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 shall be made in the p~ent thereof the same ~ be enforced
either b,r 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 jurisdiction.
The said certificates shall further recite in effect that all proceedings
uith reference to mwcing said improvements have been regularly had in compliance
with the lat>T in force and proceedings of the City of Lubbock, a.n.d that cll 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 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 any of the several installments thereof, or they m~ have coupons for
each of the first four installments, leaving the main certificate for the fi£th.
Said certificates may ft~ther provide substantially that the amounts payable
theret:m.der may be paid to the Collector of Taxes if the City, who shall issue
hilil 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 p~ the same entered into by the property owners, and that the Collector of
Taxes vlill deposit all stnns so received by him forth'Wi th with the City Treasurer
and upon the payment of a~ installment with interest upon the surrender of the '
coupon therefor recei t d i full b ' P e n 'Y said Oontractor,pr 0 -t:h ...... ""'""'1rr~ ~
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said certificate, the City Treasurer shall pay the amount so collected and due
thareon 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, Yhen 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 qy this ordinance ·for the improvements in each Unit
are altogether separate and distince 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 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
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 assess-
ments shall in nowise affect or impair the validity of assessmentts against other
property in that ttnit.
IX.
No mistalce, error, invalidity, or irregularity in the name of any property
otmer, or the description of any property, or the amount of any assessment, or
in a.ny other matter or thing, shall in any wise invalidate or impair any
assessment levied hereby or any certificate issued, and any such mistruce, error,
invalidity, or ir,regularity, 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 Oimers of the premises described, noti·lithstanding such owners may not
be named, or any be incorrectly named.
XI.
All funds obtained and accruing from the certificates herein provided for
shall be placed in the Street Improvement Fund and drawn upon to finance the
improvements herein contemplated and the Nayor is authorized to execute the
certificates for such purposed.
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Passed and approved this the lll:th day of July , A.D. 194+·
Passed and approved this the ;?..$1 day of
Passed and approved this the ,L,I_ day of
:r;;j y 1 A.D. 194$.•
~" .J:-. A.D. 194!j_.
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