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HomeMy WebLinkAboutOrdinance - 1078-1951 - Levying Assessment For Part Of Cost Of Improving Portions Of 34Th St. - 05/03/1951, .... :g.l ' cf AN ORDINANCE CLOSING HEARING Al\lD LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING PORTIONS OF 34TH STREET, SUCH PORTIONS BEING HORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND l':-1ADE A PART HEREOF, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS- MENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of 34th Street be improved by raising, grading, filling and paving, and by installing concrete curbs and gutters and drains where necessary'on Paving Unit NO's 1217, 1216, 1215, 1214, 1211, 1210, 1209, 1208, 1207, 1206, 1205, 1204, 1218, 1183 and 1182, the paving to be of. quadruple course asphalt surface treatment (Inverted Penetration TYPe) on a six (6) inch compacted caliche base, together with the necessary incidentals and appurtenances, all as provided in the specifications prepared by the City Enginee nolv on file \o~ith said City; and arrangement for the malting and construct.ion of such improvements and contract was entered into with J. R. Fanning, said portions of 34th boing as follows, to-wit: 34th Street from its intersection with the West Property Line of Indiana Avenue to its intersection with the West Property Line of Hartford Avenue, known and designated as Unit Number 1217. 34th Street from its intersection with the West Property Line at Hartford Avenue to its intersection with the West Property Line of Gary Avenue (North), known and designated as Unit Number 1216. 34th Streot from its intersection with the West Property Line of Gar,y Avenue (North) to its intersection with the West Property Line of Fli11t Avenue, known and designated as Unit Number 1215 • . 34th Street from its intersection with the West Property Line of Flint Avenue, to its intersection with the 'ttlest Property Line of Elgin Avenue, known and ~ designated as Unit Number 1214. • ~ \ f c 34th Street from its intersection withihe East Property Line of Avenue W (North) to its intersection tvith the East Property Line of Avenue X (North), known and designated as Unit Number 1211. 34th Street from its intersection t.J"ith the East Property Line of Avenue l.J' (North) to its intersection wit~ the East Property Line of Avenue V (North), known and designated as Unit Number 1210. 34th Street from its intersection l-1ith the East Property Line of Avenue V(North) to its intersection with the East Property Line of Avenue U(North), knotm and ·designated as Unit Nwnber 1209. c c 34th Street from its intersection with the East Property Line of Avenue U (North), to its intersection with the East Property Line of Avenue S, known and designated as Unit Number 1208. 34th Street from its intersection with the East Property Line of Avenue s, to its intersection with the Center Line of Avenue Q, known and designated as Unit Number 1207. 34th Street from its intersection with the Center Line of Avenue Q, to its intersection with the West Property Line of Avenue P, known and designated as Unit Number 12o6. 34th Street from its intersection with the West Property Line of Avenue P, to its intersection with the West Property Line of Avenue N (North), known and designated as Unit Number 1205. 34th Street from its intersection with the West Property Line of Avenue N (North) to its intersection with the West Property Line of Avenue L, known and designated as Unit Number 1204. 34th Street from its intersection with the West Property Line of Avenue L to ita intersection with the West Property Line of Avenue K (South), known and designated as Unit Number 1218. 34th Street from its intersection with the West Property Line of Avenue K(South), to its intersection with the East Property line of Avenue J, known and designated as Unit Number 1183. 34th Street from its intersection with the East Property Line of Avenue J, to its intersection with the West Paving Line of Aven~e H, known and designated as Unit Number 1182. 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 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 hearing to the owners of such abutting property, and to all others in anywise interested, and due and proper notice was §iven, and such hearing was had and held at the time and place fixed therefor, to-wit: on the 3rd d91 of May, A. D., 1951 at 2:00 o'clock P.M. 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 Law in force in this City and by the proceedings of 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 were 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 fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered ~11 matters presented for consideration, and having fully 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. • 0 THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOOK, TEXAS: 1. That all protests and objections, whether herein specifically men- tioned 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. 11. The City Commission, from the evidence finds that the assessments herein levied shall be made and levied against the respective parcels of prop- erty abutting upon the said portions of streets 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 respec- tive owners and respective properties, and between all parties concerned, con- sidering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefitted in the enhanced value thereof, by means of the improvement in the Unit upon which the particul 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 pro- ceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. , 11-A. The City Commissio~ from evidence considering the benefits received and burdens imposed, finds that the owners of railroads occupying and/or crossing portions of streets herein named shall pay and are hereby assessed the whole costs of improving, including foundation, extra concrete, ties, etc., bet,-seen and under rails and tracks of such railroad and two feet on outside thereof; the sums payable by and chargeable against railroads and the owners thereof shall be assessed against them and shall be a superior lien on its roadbed, ties, rails, fixtures, rights and franchises, which tax shall consti- tute a lien superior to any other lien or claim except State, County, and Municipal Taxes. 111. 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 mmers be correctly herein or not, the sums of money belowmentioned 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 of Ordinance and in separate Ordi- nance Book) • c .i 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 improvements in one Unit are in no wise related to or connected with 1the 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 an1 fact in any wise connected with the improvements, or the assessments therefor, or ~ other unit. v. That the several sums abovementioned assessed against said parcels of property, and against the real and true owners thereof, and interest thereon at the rate of six (6%) per cent per annum, together with reasonable attorney's fees and ~ost of collection, if incurred, are hereby declared to be and made a lien upon the respective parcels of property against which the samo 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, County, and MUnicipal taxes, and the sums so assessed shall be p~able as follows, to-wit: In three equal installments, the first payable on or before ten (10) days after the completion and acceptance by the City of the improvements in the Unit upon ,.mich the particular property abuts; the second installment due on or before one year from said date of completion and acceptance, and the third in- stallment due on or before two 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 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 payable in such installments and with interest from the date of such completion and acceptance, provided that any owner shall have the right to pay off the entire assessment, or any installment thereo~ before maturity, by payment of principal and accrued interest, and provided further that if default shall be made in the payment of any installment promptly as the same matures, then the entire amount of the assessment, upon vrhich such default is made shall, at the option of J. R. Fanning, 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 payment of any sums hereby assessed against any property and the owners thereof, but J. R. Fanning shall look solely to said property, and the owners thereof, for the p~ent of the sums assessed against the respective parcels of property; but said City shall exercise all of its la,rl'ul powers to aid in the enforcement and collection of said liens and assessments, and if default shall be made in the payment 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- payment of ad valorem taxes, or at the option of J. R. Fanning or its assigns, p~nt 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 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 work 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 payable to J. R. Fanning or its assigns, and shall declare the said amounts and the time and terms of payment and rate of interest and date of completion and acceptance of the improvements far 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 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 any property, or in giving the name of any owners, shall in any wise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. The said certificates shall further provide substantially that if default shall be made in the payment of any installment of principal or interest due, when, then, at the option of J. R. Fanning, 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 payment thereof the same may be enforced either by the sale of the property by the Tax Collector and Assessor of the City of Lubbock, as above recited, or by suit in ~ court having jurisdiction. The said certificates shall further reoite in effect that all proceed- ings i·7ith reference to making said improvements have been regularly had in com- pliance idth the raw in force and proceedings of the City of Lubbock, and that all prerequisites 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 any court. And the said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, or they may have coupons far each of the first two installments, leaving the main certificate for the third. 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 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. r ., ...... -. 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 unit are in nowise affected by the improvements in or the assessments levied for the improvements in any 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 a~ such matters in any other unit and tho omission of the improvements in any unit shall in nowise affect or im- pair the validity of assessments for the improvements in any other unit. The omission of improvements in a~ particular. unit in front of any property exempt from the lien of such assessments shall in nowise affect or impair the validity of assessments against other property in that unit. IX. No mistake, error, invalidity, or irregularity in the name of any property Ol4ner, or the description of any property, or the amount of any assess- ment, or in any other matter or thing, shall in any wise invalidate or impair any assessment levied hereby or any certificate issued, and a~ such mistake, error, invalidity, or irregularity, whether in such assessment or in the certificate issued in evidence thereof, may be corrected or at any time by the City. x. All assessments levied are a personal liability and charge against the real and true owners of the premises described notwithstanding such ovmers may not be named, or any be incorrectly named. Passed and approved by unanimous vote of the City Commission this the day of · ~ , 1951. Passed and approved by unanimous vote of the City Commission this the day-.of , 1951. Passed and approved by unanimous vote of the City Commission this the day of , 1951. Mayor ATTEST: City Secretary ORDINANCE # 1013 FIRST READING . ·ONLY NO FINAL PASSAGE