HomeMy WebLinkAboutOrdinance - 1058-1951 - Levying Assessment For A Part Of Cost Of Portion Of Sherman Ave. - 02/08/1951c
,•) ....:. ..... ~ .... ~, I
oz-oe-rss\
ORDINANCE NO. 1058 oz -.2.2.-1-951
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE
COST OF IMPROIJING A PORTION OF SHERMAN AVENUE, AVENUE R, 32ND STREET, 1ST STREET,
37TH STREET, MEMPHIS AVENUE, NORTH AVENUE K, DETROIT AVENUE, GRINNELL STREE';t',
DARTMOUTH STREET, GARY AVENUE, lOTH STREE'l', AVENUE X, 3RD PLACE, 21ST STREET,
22ND STREET, ELGIN . AVENUE, UTICA AVENUE, TOLEDO AVENUE, 36TH STREET, 23RD
STREET, 40TH STREET, 25TH STREET, 39TH STREET, 32ND STREET, 38TH STREET,
35TH STREET, JOLIET AVENUE, NORTH AVENUE P, NORTH AVENUE U, 24TH STREI!."T,
EAST 24TH STREET, REDBUD AVENUE, ERSKINE STREET, NORTH SOUTH ALLEY IN BLOCK 226
ORIGINAL T~1N, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAV:tNG
ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND
PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND ALLEYS m THE CITY OF LUBBOCK,
AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF
ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF.
WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow
mentioned portions or streets, avenues, and/or alleys be improved by raising,
grading, and tilling and paving and by installing concrete curbs and gutters
and drains where necessary on Unit NUmbers ~-1128, 1129, 1130, 1131, 1132,
1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1141-A, 1142, 1143, 1144,
1145, 1147, 114S, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158,
1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1174, 1175 and ~193,
the pavin~ to be of quadruple course asphalt surface treatment (penetration type)
on six {6) inoh compacted caliohe base for street paving and a five (5) inch
concrete slab far alley paving1 together with necessary incidentals and appur-
tenances, all as provided in the specifioations prepared by the City Engineer,
nov on file with said city, and arrangement for making and construction of suoh
improvements and contracts was entered with 'Warren and Purtell, Inc.) said
streets, avenues and alleys being as tollovs, to-wits
Baylor Street from its intersection with the East Property Line of Avenue U
to its intersection with the West Property Line of Avenue P, know and designated
as Unit Number 1127.
Sherman Avenue from its intersection with the North Property Line of Auburn
Street to its intersection with the South Property Line of Baylor Street, known
and designated as Unit Number 1128.
Avenue R from its intersection with the North Property Line of Auburn Street,
to its intersection with the South Property Line of Baylor Street, known and
designated as Unit Number 1129.
)2nd Street from its interseotion with the West Property Line of Memphis Avenue,
to its intersection with the West Property Line of Louisville Avenue, known and
designated as Unit Number 1130. . .
1st Street from its intersection with the West Property Line of Hartford Avenue
to its intersection with the West Property Line of Gary Avenue, lrn.ow and des-
ignated as Unit Number 1131. t .
37th Street from its intersection with the West Property Line of Canton Avenue,
to its intersection with the East Property Line of Elgin Avenue, know and
designated as Unit Number 1132.
Memphis Avenue from its intersection vith the South Property Line of 31st
Street to its intersection with the North Property Line or 32nd Street, known
and designated as Unit Number 1133.
North Avenue K from its intersection with the North Property Line of 1st Street
to its intersection with the North Property Line of Railroad ROW between Jrd
and 4th Streets, known and designated as Unit Number 1134.
Detroit Avenue from its intersection with the South Property Line of Auburn
Avenue, to its intersection with the South Property Line of 1st Street, known
and designated as Unit Number 1135.
Grinnell Street from its intersection with the East Property Line of Flint
Avenue, to its intersection w:l. th the East Property Line of Gary Avenue, known
and designated as Unit Number 1136.
1st Street from its intersection with the East Property Line or Detroit
Avenue to its intersection with the East Property Line of Canton Avenue, known
and designated as Unit Number 1137.
Avenue R from its intersection with the North Property Line of 2nd Street, to
its intersection with the South ROW Line of Santa Fe Railroad, know and
designated as Unit Number 1138.
Dartmouth Street from its intersection with the West Property Line of Elgin
Avenue to its intersection with the West Property Line of Detroit Avenue,
known and designated as Unit Number 1139.
Gary Avenue trom its intersection with the South Property Line or 30th Street
to its intersection with the North Property Line of 31st Street, known and
designated as Unit Number 1140.
Gar.y Avenue £rom 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 Number 1141.
Gar.y 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 Number 1141-A.
Gar,r Avenue from its intersection with the South Property Line of 33rd Street,
to its intersection with the North Paving Line of 34th Street, known and
designated as Unit Number 1142.
loth Street from its intersection with the East ~operty Line of Avenue D,
to 1 ts intersection with the West Property Line of Avenue C, known and
designated as Unit Number 1143.
Avenue X from its intersection with the North Property Line ot 35th Street to
its intersection with the South Paving Line of 34th Street, known and designated
as Unit Number 1144.
Avenue X from its intersection with the South Property Line of 35th Street
to its intersection wi tb the North Property Line of 36th Street, known and
designated as Unit Number 1145.
3rd Place from its intersection with the East Property Line of Avenue D, to its
intersection with the West Property Line of Avenue A, known and designated
as Unit Number 1147.
21st Street from its intersection vith the West Property Line of Miami Aveuu.
to its intersection with the West Property Line of Nashville Avenue, known
and designated as Unit Number 1148. ·
22nd Street from its intersection with the West Property Line of Indiana Avenue,
to its intersection with the West Property IJ.ne of Joliet Avenue, known and
designated as Unit Number 1149.
Elgin Avenue from. its intersection with the South Property Line of 4oth Street
to its intersection with the North Property Line of 42nd Street, known and
designated as Unit Number 1150.
Utica Avenue from its intersection with the South Paving Line of 34th Street,
to its intersection with the North Property Line ot 36th Street, known and
designated as Unit Number 1151.
Toledo Avenue from its intersection with the South Paving Line of 34th Street
to its intersection with the North Property Line of 36th Street, known and
designated as Unit Number 1152.
36th Street from its intersection with the East Property Line of Toledo Avenue
to its intersection with the West Property Line of Utica Avenue, known and
designated as Unit Number 1153.
23rd Street from ite intersection with the East Property Line of Knoxville
Avenue to its intersection with the East Property Line of Joliet Avenue, known
and designated as Unit Number 1154.
4oth Street from its intersection with the East Property Line of Akron Avenue,
to its intersection with the East Property Line of College Avenue, known and
designated as Unit Number 1155.
25th Street trom its i~tersection with the West Property Line of Memphis Avenue
to its intersection with the West Property Line of Louisville Avenue known and
designated ae Unit Number 1156.
39th Street from its intersection with the East Property Line of Boston Avenue
to its intersection with the East Property Line of Akron Avenue, known and
designated as Unit Number 1157.
l
32nd Street from its intersection with the East Property Line of Avenue U
to its intersection with the West Property Line of Avenue T, known and
designated as Unit Number 1158.
38th Street from its intersection with the East Property Line of Elgin
Avenue to its intersection with the West Property Line of Canton Aven'WI,
known and designated as Unit Number 1159.
35th Street from its intersection with the West Property Line of Canton
Avenue to its intersection with the East Property Line of Elgin Avenue,
known and designated as Unit Number 1160.
Joliet Avenue from its intersection with the South Property Line of 33rd
Street to its intersection with the North Paving Line of 34th Street, known
and designated as Unit Number 1161.
North Avenue P from its intersection with the North Property Line of
Baylor Street (East) to its intersection with the North Property Line of
Bqlor Street (West) known and designated as Unit Number 1162.
North' Avenue U trom its intersection with the South Paving Line of Erskine
Street to its intersection with the South Property Line of Auburn Street,
known and designated as Unit Number 1163.
24th Street from its intersection with the West Property Line of Memphis
Avenue to its intersection with the Wast Property Line of Louisville Avenue,
known and designated as Unit Number 1164.
East 24th Street from its intersection with the East Property Line at Date
Avenue to its intersection with the Wast Property Line of Eibl Avenue, known
and designated as Unit Number 1165.
East 24th Street from its intersection with the East Property Line of Elm
Avenue to its intersection with the West Property Line of Fir Avenue, known
and designated as Unit Number 1166.
East 24th Street from its intersection with the East Property Line of Fir
Avenue to its intersection with the West Paving Line of Railroad Avenue,
know and designated as Unit Number 1167.
Redbud Avenue from ita intersection with the South Gutter Line of East
Broadw~ to its intersection with the North Paving Line of East 14th Street,
known and designated as Unit Number 1174.
Erskine Street from its intersection with the West Property Line of Hartford
Avenue to its intersection with the West Property Line of Gary Avenue, 1mown
and designated as Unit Number 1175.
North..Soutb Alley in Blook 226, Original Town, known and designated as
Unit Number A-193.
l
WHEREASt the City Engineer prepared rolls or statements for the improvements in
eaoh Un1t, shoving the amounts to be assessed against the various parcels of
abutting property, and the owners thereof, and showing other matters and things,
and the 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 ~ vise interested, and due and proper notice was given, and
such hearing was had and held at the tills and place fixed therefor, to-wit on
the 8th day or February, A. D. 1951 at 2:00P.M. o'clock, in the Commission Rooa
in the City or Lubbock, Texas, and at such hearing all desiring to be heard were
fully and fairly heard, end evidence was received and considered and all protests
and objections made were considered, am said hearing vas in all respects held
in the manner provided and required by the Charter and Lav in force in this Oi ty
and b.1 the proceedings or the City with reference to such matters, and the
following protests were made concerning the improvements in the units indicated
namely: None.
And all objections and protests made vere 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 fairl;r heard all parties making fm1'
protest ard 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 or 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 CO.MMrSSION OF THE CITY OF
LUBBOOK, TEXAS:
1.
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, from the evidence finds that the assessments
herein levied shall be made and levied against th6 respective parcels of property
abutting upon the said portions ot 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 benefitted 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 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.
II-A
The City Commission, f'rom e\ridence considering the benefits received
and burd$ns imposed, finds that the owners of railroads occupying and/or
crossing portions of streets herein named shall pay and are hereb,y assessed
the ~ole costs of ·improving, including foundation, extra concrete, ties,etc.,
between and under rails and tracks of such railroad and two teet on outside
thereof; the sums payable b.Y and chargeable against railroads and the owners
thereof shall be assessed against them and shall be a superior lien on its
roadbed, ties, raile, fixtures, rights and franchises, which tax shall con-
stitute a lien superior to ~ other lien or claim except State, County, and
Municipal Taxes.
III.
That there shall be and is hereby levied and assessed against the
parcels of property and railroads crossing or occupying streets, hereinbelow
mentioned and against the real and true owners thereof, whether such owners
be correctly herein or not, the sums of money below mentioned and itemized
shown opposite the description of the respective parcels of property and
railroads crossing or occupying streets; the descriptions of such property and
railroads, and several amounts assessed against same, and the OWners thereof,
being as follows: {Rolls inserted in Original Copy ot Ordinance and in separate
Ordinance Book.)
IV.
t
That the assessments BO levied are for the improvements in the
particular Unit upon which the property described abuts, and the assessments
for the improvements in o~ Unit are in no wise related to or connected \lith the
improvements in ~ 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 ~wise connected with the improvements, or the
assessments therefor, or ~ other unit.
v.
ThAt the several sums above mentioned assessed agai nst said parcels
of property, and against the real and true owners thereof, and interest thereon
at the rate or six (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 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 claim against the property assessed, and
shall be a first and paramount lien, superior to all other liens and claims,
except State, Oounty and MUnicipal taxes, and the sums so assessed shall be
payable as follows, to-wit:
(a) The entire amounts assessed against and to be paid by railways and
street railw~s for work between rails and tracks and two feet on each side
thereof shall be paid on estimates or statements on or before tend ays after
completion and acceptance by the City Commission of the improvements in the Unit
(
·C
in which the railway lies, and shall bear interest from date due until paid at
the rate of six ( 6%) per cent per annum. .
(b) The amount assessed against and to be paid by the abutting property
and the owners thereof shall be payable in three equal installments, the first
payable on or before ten (10) d~a ~tar the completion and acceptance by the
C~ty ot the improvements in the Unit upon which the particular property abuts;
the second installment due on or be ore one year from said date of completion
and acceptance, and the third installment due on or before two years from said
date of completion and acceptance; and suoh assessments shall bear interest
from the data of such completion and acceptance at the rate of six (6%) per cent
per annum, p91able annually 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 comple-
tion and acceptance, provided that ~ owner shall have the right to p~ ott
the entire assessment, or any installment thereof, before mat'ln"ity, by pqment of
principal and accrued interest, and provided further that it default shall be
made in the peyment of any installment promptly as the same matures, then the
entire amount or the assessment, upon which such default is made shall, at the
option of Warren and Purtell, Inc., or its assigns, be and become immediRte1y
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 ~ manner be liable for the payment
of any sums hereby assessed against any property and the owners thereof, but
Warren and Purtell, Inc. shall look solely to said property, and the owners
thereof, for the p~nt ot the sums assessed against the respective parcels of
property; but said City shall exercise all of its lald'ul powers to aid in the
enforcement and collection of said liens and assessments, and if default shall
be made in the payment of aqy 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 tor the sale ot property for
the nonpayment of ad valorem taxes, or at the option of Warren and Purtell,Inc.,
or its assigns, payment of said sums shall be enforoed by suit in MY' court
having jurisdiction. ·
vn.
For th~purpose of evidencing the several sums assessed against the
said parcels of property, and the owners thereof, and the time and terms ot pay-
ment, 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 ot improvement as the work in such Unit is completed and accepted,
which certificates shall be executed by the ~or in the name of the City,
attested by the City Secretary with the corporate seal, and shall be payable
to Warren and Purtell, Inc., or its assigns, and shall declare the said amounts
and the time and terms of 'papm~nt 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
t
(
the property by lot and block number, or front feet thereof, or such other '
description ai'J may otherwise identity the same, and if the said property shall
be owned b,y an estate, then to so state the description thereof as so owned
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 arrr property, or in
giving the name of an,y owners, shall in any wise invalidate or impair the
assessment levied hereby or the certificate issued in evidence thereof'.
The said certif'ioatea shall further provide substantially that
if default shall be made in the payment o:f' ~ installment of principal or
interest due, when, then, at the option o:f' Warren end Purtell,Inc., or ita
assigns, the Whole of the said assessment evidenced thereby shall @t once become
due and P«Y&ble, and shall be collectible with reasonable attorney's :fees and
costs or collection, if incurred. And said certificates shall set forth and
evidence the personal liability of the owners of such property and the lien upon
suoh property, and shall provide in effect if default shall be made in the p~
ment thereof the same may be enforced either by the sale ot the property by the
Tax Collector and Assessor of the City ot Lubbock, as above recited, or by
suit in ari'Y court having jurisdiction.
The said certificates shall further recite 1n effect that all
proceedings with reference to making said improvements have been regularly had
in compliance with the law in force and proceedil:\gs of' the City of Lubbock, and
that all pre-requisi tee to the fhing of the lien and claim of personal lia-
bility 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 any court.
And the said certif'icates may have coupons attached thereto in evidence
of each or any of the several installments thereof, or they m.ay have coupons
for eaoh of the first two installments, leaving the main certificate for the
third.
And the said certificates shall further provide in effect that the
City at Lubbock shall exercise all of its lawful powers, when requested so to
do by the holder of said certificates, to aid in the enforcement and collection
thereof, and said oertti'icate may contain other and further reel tals pertinent
and appropriate thereto. It shall not be necessar.y 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 by this ordinance for the improvements in
each Unit are altogether separate and distinct trom assessments in each and
every other unit. The assessments for ilnprovements in one unit are in nowise
atfected 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 ~ such matters .
0
0
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 nouise
affect or impair the validity of assessments against other property in that
unit.
IX.
No mistake, error, invalidity, or irregularity in the nama of ~
property owner, or the de scription of any property, or the amount of any-
assessment, or in any other matter or thing, shall in any wise invalidate or
impair any assessment levied hereby or any-certificate issued, and B1J.'Y' such
mistake, error, invalidity, or irregularity, whether in such assessment or in
the certificate issued in evidence thereof, mB1 be corrected or at ~ time b.Y
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 not be named, or any be incorrectly named.
XI.
~. The present con4ition of said Streets and Alleys endangers health
and safety, and it is n~ssary that said improvements be proceeded with while
the weather will permit, •and the construction of said improvements is being
delayed pending the taking effect of this ordinanoe, and such facts oonstitute
and create an emergency and an urgent public necessity requiring that the rules
providing for ordinances to be read more than one time, or at more than one
meeting, be suspended, and that this ordinance be passed as and take effect as
an emergency measure, and such rules are accordingly suspended and this
ordinance is passed as and shall take effect and be in force as an emergency
measure, and shall be in force and effect immediately from and after its
passage.
Passed and approved by unanimous vote of the City Commission this the
8th dey of February, 1951.
2 Passed and approved by unanimous vote of the City Commission this the
__ 2_n_dday of February · ,1951.
ATTEST: Q A-~
City Sec~'<:,
~~o content . ~1u.,/ City Engineer
Ap Le ality