Loading...
HomeMy WebLinkAboutOrdinance - 1079-1951 - Levying Assessment For A Part Of Cost Of Improving A Portion Of Ave M - 05/03/1951.. 0 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING AND WIDENING A PORTION OF AVENUE M, AVENUE J, 15TH STREET, AND AVENUE K, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOOATING FUNDS. WHEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets, avenues be improved and l~idened by raising, grading, filling and paving, and by installing concrete curbs and gutters and drains where necessary on widening Unit No's 903, 903-A, 11851 1185-A, 1186, 1186-A, 1186-B, 1189, 1189-B, 1189-C, 1190, 1190-A, and 1190-B, 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 Engineer, now on file with said City; and arrangement for the making and construction of such widening improvements and contract was entered into with J. R. Fanning, said streets and avenues being as follows, to-wit: Avenue M from its intersection with the South Gutter Line of 7th Street to its intersection with the North Gutter Line of Main Street, known and designated as Unit Number 903. Avenue M from its intersection with the South Gutter Line of Main Street to its intersection with the North Gutter Line of Broadway, known and designated as Unit Number 903-A. Avenue J from its intersection with the North Property Line of 9th Street, to its intersection with the South Gutter Line of 6th Street, lnown and designated as Unit Number 1185. Avenue J from its intersection with the North Gutter Line of 6th Street, to its intersection with the South Gutter Line of 5th Street, known and designated as Unit Number 1185-A. Avenue M from its intersection with the South Gutter Line of 16th Street, to its intersection with the North Gutter Line of 19th Street, known and designate as Unit Number 1186. Avenue M from its intersection with the North Gutter Line of 16th Street, to its intersection with the South Gutter Line of 13th Street, knolin and designate as Unit Number 1186-A. Avenue M from its intersection with the North Gutter Line of 13th Street to its intersection with the South Gutter Line of Broadway, known and designated as Unit Number 1186-B. ,' ·-I 15th Street from its intersection with the West Property Line of Avenue P to 40' West of the West Property Line of Avenue M, known and designated as Unit Number 11S9. d 15th Street from 20• East of the East Property Line of Avenue M, to its intersection with the Centerline of Avenue L, known and designated as Unit Number 1189-B. ., 15th Street from its intersection with the East Gutter Line of Avenue L, to it~ intersection with the West Gutter Line of Avenue ~' known and designated as Unit Number 1189-C. · Avenue K from its intersection with the North Gutter Line at 7th Street, to its intersection with the North Gutter Line of 4th Street, known and designated as Unit Number 1190. Avenue K from its intersection with the North Gutter Line af 8th Street, to its intersection with the South Gutter Line of 7th Street, known and designated as Unit Number 1190-A. Avenue K from its intersection with the North Gutter Line of 9th Street to its intersection with the South Gutter Line of 8th Street, known and designated as Unit Number 1190-B. WHEREAS, the City Engineer prepared rolls or statements for the improvements and widening 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 b,y 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 aQYWise 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 Jrd day of May, A. D., 1951 at 2:00 o1clock 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 hear- ing was in all respects held in the manner provided and required by the Charter and Law in force in this City and b.Y 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 d~ to day and from time to time until this date, and 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 ~tters 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. THEREFORE, BE IT ORDAINED BY THE crry COMMISSION OF THE Crl'Y OF LUBBOCK, TEXAS: c 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 proper- ty 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 respect! e owners and respective properties, and between all parties concerned, consider- ing 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 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 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. II-A. The City Commission, 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., between and under rails and tracks of such railroad and two feet on outside thereof; the sums p~able 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, vrhich tax shall consti- tute a lien superior to ~ 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 owers 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 fol- lows: (Rvtle ina at ·bd in Ori g1 ne1 Cepy of Oiaa~mmce Mila irr eepm: abe Or d:l:s.aftee :Seek). 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 the l 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 aey 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 uni and the omission of the improvements in any unit shall in no~ise affect or i~ pair 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 nowise affect or impair the validity assessments against other property in that unit. IX. No mistake, error, invalidity, or irregularity in the name of any property owner, or the description of any property, or the amount of any assess- ment, or in any other matter or thing, shall in ~ wise invalidate or impair any assessment levied hereby or any oertificate issued, and any 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 olmers may not be named, or any be incorrectly named. 3 Passed and apP.roved by unanimous vote of the City Commission this the day of ~ ' , 1951. l Passed and approved by unanimous vote of the City Commission this the 10 day of Mew . , 1951. ' Passed and approved by unanimous vote of the City Commission this the 24 day of May , 1951. \ ;:t. ,