Loading...
HomeMy WebLinkAboutOrdinance - 1082-1951 - Levying Assessment For Part Of Cost Of Improving Portions Of 34Th St. - 05/10/1951~~ n-IJtt>/OL ~fun~ ~jl=­ ftJ7<J 0 1 OS-lo-1.9~ J c::E; -2'+ -l.QS. ( CXD -f ~-\ .95 I ORDINANCE NO . _l!N~=2 __ _ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PARr OF THE COST OF IMPROVING PORTIONS OF 34TH STREET, SUCH PORTIONS BEING l\10RE 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 ASSESSNENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES ni EVIDENCE THEREOF, ALLOCATING FUNDS AND ABANDONING CERTAIN UNITS FROM PRECEDING PROCEDURE. ~mEREAS, tho City of Lubbock has heretofore ordorGd that tho horoin- bolow montionod portions of 34th Stroot bo improve'd by raising, grading, filling, and paving, and by installing concroto curbs and gutters, and drains whoro noc~ssary, on Paving Units Nos. 1217, 1216, 1215, 1214, 1212, 1211, 1210, 1209, 1208, and 1207, tho paving to be of quadruple asphalt surface treatment (invortod penetration typo) on a six (6) inch compacted caliche base, togothor wit,h necessary incidentals and appurtonancos, all as provided in tho specifica- tions proparod by tho City Enginoor, now 9n file with tho City; and arrangement for tho mrucing and construction of such improvements and contract was entered into H'ith J. R. Fanning, and, WJIEREAS, said procoGdings includod in tho making of such improve- ments in Units Nos. 1206, 1205 1 1204, 121S, 1183 and 1182, said units including total pavomont in 34th Stroot betwQon Avenue Q and Avonuo H, but \-Thich units and paving aro baing abandoned by tho provisions of this ordinance duo to tho Texas State Highway Department's agroomont to improvo 34th Stroot botHoon Avonuo Q and Avonuo H; whoroas tho portions of 34th Stroot to bo improved and assossod by tho provisions of this ordinance are as follo·us, to-wit: 34th Stroot from its intorsoction with tho Wost Proporty Line of Indiana Avonuo to its intersection with tho West Property Line of Hartford Avonuo, knovm and designated as Unit Number 1217. 34th Stroot from its intersection with the Wost Property Line of Hartford Avenuo to its intersection with tho West Proporty Lino of Gary Jlvenuo (North), kno'm and designated as Unit Number 1216. 34th Stroot from its intersQction with tho Wost Property Line of Gary .~vonuo (North) to its intersection with tho West Property Lino of Flint Avenue, known and designated as Unit Number 1215. 34th Stroot from its intersection with tho Wost Property Line of Flint AvonuQ, to its intors0ction with tho l•Tcst Property Lino of Elgin Avenue, known and designated as UPit Numbor 1214. 34th Stroot from its intersection vTith tho \-Test Property Lino of Canton Avenue (South) to its intorsoction with the Wast Property Line of Boston Avonuo,North; known and dosignatod as Unit Numbor 1212. 34th Street from its intersection wi th tho East Property Line of Avonuo W(North) to its intersection with tho East Property Line of Avcnuo X (North), knm-rn and designated as Unit Number 1211. ~·' 34th Street from its intorsoction with tho East Property Line of Avenue W (North to its intorsoction \lith the East Property Lino of Avonuo V (North), known and designated as Unit Number 1210. ~4th Stroot from its intersection with the East Property Line of Avenue V (North) to its intersection with tho East Property Line of Avonuo U (North) known and designated as Unit Number 1209. 34th Stroot from its intersection with tho East Property Line of Avenue U (North) to its intersection wi th the East Property Lino of Avenue S, knmm and designated as Unit Number 1208. 34th Stroot from its intersection with tho East Property Line of Avenue S to its intersection with tho Cantor Lino of Avonuo Q, known and designated as Unit Number 1207. WHEREAS, the City Engineer prepared rolls or statemonts for tho improV0- monts in oach Unit, showing tho amounts to bo assessed against tho various parc.als of abutting property, and tho ownors thereof, and showing other mat tors and things; and tho same wore examined by tho City Commission and approved, and a timo and place was fixed for hearing to the owners of such abutting property, and to all others in anywise interosted, and duo and proper notice was givon, and such hearing was had and hold at tho time and place fixed therefor, to-wit: on the 3rd day of May, A. D., 1951 at 2:00 o'clock P.M. in tho Commiss i on Room in tho City of Lubbock, Toxas, and continued to May 10, 1951, and at such hearing all desiring to be heard wore fully and fairly hoard, and ovidonco was rocoivod and considorod and all protGsts and objections made Horo considered, and said hoaring was in all respects held in tho manner provided and roquirod by the Chartor and Law in force in this City and by tho proceeding of tho City lvith reference to such matters, and t he following protests W0rC!J made concerning th~ improvements in the units indicated namely: Nono. And all objections and protests made ware fully considered and said hearing was continued from day to day and from time to tirno until this date, and tho City Commission having fully and fairly hoard all parties making any protost and all partios desiring to be heard, and having fully considered all matters presented for consideration, and having fully considered all of tho avidonce, and all pertinent and proper matters is of opinion that tho following disposition should bo mado of such protests and objections, and that assess- ments should b~ mado as herein ordained. THEREFORE, BE IT ORDAINED BY THE CITY CONHISSION OF THE CITY OF LUDBOOK, TEXAS: 1. That all protosts and objections, Hhothor horcain specifically mentioned or not, shall be and the same ar~ hereby overruled and tho said hearing, with raspoct to oach and all of said Units, is hereby closed. 11. The City Commission, from tho evidenco finds that tho assossmonts herein e l0viad shall be made and levied against the r0spoctive parcels of property abut- ting upon the said portions of streets and avenues and against tho ownors of such property, and that such assessments aro right and proper and established substantial justice and equality and uniformity between the respective O}nlors and respoctivo properties, and bQtween all parties concerned, considering bonofit r~ceivod and burdens imposed, and further finds that in 0ach case. the abutting property assessed is specifically benefitted in the enhanced value thereof, by means of tho improvement in tho Unit upon which the particular property abuts, and for which assessro.ont is levied, in a sum in excess of the assessment levied, against same by this ordinance, and further finds that the apportionment of tho cost of tho improvon~nts is in accordance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. 11-A. Tho City Commission, from evidence considering the benefits rocoivod and burdens imposed, finds that tho owners of railroads occupying and/or crossing portions of stroots herein nam&d shall pay and aro hereby assessed tho whole costs of ·i mproving, including foundation, oxtra concreto, ties, etc., botwoon and under rails and tracks of such railroad and two f eet on outside thoroof; tho sums payable by and chargeable against railroads and the ownors thereof shall ba assossod against thGm and shall bo a superior lion on its roadbed, tics, rails fixtures, rights and franchises, which tax shall constitutG a lien suporior to any other lion or claim oxcopt Stato, County, and MUnicipal Taxos. 111. That thoro shall be and is heroby lovied and assessod against. the parcels of property atld railroads crossing or occupying streets, hereinbelow montionod and against the real and truo owners thoro of, H'hothcr SlJ.Ch mmers be correctly heroin or not, tho sums of money bolowmentioned and itemized shown opposito tho description of tho respective parcels of property and railroads crossing or oc- cupying streets; tho descriptions of such property and railroads, and several amounts assessed against ·samo, and tho Owners thereof, being as follmvs: •ERel~ -!:ftee!'t.eEi i~ Elxlginal 6~ ot: OiPdi:ea:eee srul in eepar a'be OPEiinanoo BoUie)-:- IV. That tho assossmonts so levied arc for tho improvements in tho particular unit upon 1<1hich tho property doscribod abuts, and tho assessments for the improve monts in ono Unit arc in no wise related to or connected with the improvements in any other Unit, and in making assessments and in holding said hearing tho amounts so assessed for improvome~ts in ono Unit have boon in nowise affoctod by any fact in any wiso connected with the improvomonts, or the assessments thorofor, or any other unit. v. That the sovoral sums abovementioned assossed against said parcels of property, and against the real and truo owners thereof, and intorost thereon at th0 rate of six (6%) por cont per annum, together with reasonable attorney's c - fees and cost of collection, if incurred, are hereby doclarod to bo and made a lien upon tho rosp(i)ctivo parcels of property against l·lhich tho samo arc assessed, and a personal liability and charge against the real and true owners thereof, whothor or not such ownors bo corr0ctly nam0d herein and such liens shall bo and constitute tho first enforceable claim against tho property assessed, and shall be a first and paramount lion, superior to all other lions and claims, except State, County, and Municipal taxes, and the sums so assossod shall bo payable as f ollovrs, to-wit: In throe installments, tho first payable on or before ton (10) days aftor the co~pletion and acceptance by the City of tho improvements in tho Unit upon which the particular property abuts; the second installment duo on or before one yoar from said dato of completion and acceptance, and tho third installment due on or before two years from said dato of completion and accoptanco; and such assessments shall boar interest from tho date of such completion and acceptance at tho rate of 6% per annum, payable annually vii th each installment, so that upon completion and acceptance of tho improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall bo and become duo and payable in such installm~nts and with interest from the date of such completion and acceptance, provided that any owner shall have tho right to pay off tho ontiro asscssmont, or any installment thereof, baforo maturity, by payment of principal and accrued interest, and provided further that if default shall ba mado in tho payment of any installment promptly as tho samo matures, tho tho ontiro amount of the assessment, upon which such default is made shall, at tho option of J. R. Fanning, or its assigns, bo and bccomo immediately duo and payable, and shall be collectible with reasonable attorney's fcos and costs of colloct;ion is incurred. VI. Tho City of Lubbock shall not in any manner bo liable for tho payrnQnt of any awns hereby assossod against any property and the ouncrs thoroof, but J. R. Fanning shall look solely to said property, and the owners thereof, for the payment of tho sums assessed against tho r ospcctivo parcels of property; _but said Ci·ty shall oxorciso all of its lawful powers to aid in tho cnforcom<!lnt and collection of said li~ns and assessments, and if default shall be mado in the paymGnt of any assessments collection thor oof shall bo onforcod oithor by sale of the property by tho Tax Collector and Assessor of tho City of Lubbock as noar as possible in tho manner provided for tho salo of property for tho non-payment of ad valorem taxos, or at tho option of J. R. Fanning or its assigns, payment of said sums shall be Qnforcod by suit in ~ court having jurisdiction • VII. For the purpose of evidencing tho several sums assessed against tho said parcels of prop~rty, and tho owners thereof, and tho time and torrns of payment, and to aid in tho enforc0mont thereof, assignable certificates shall bo issu~d by tho City of Lubbock upon the completion and acc~ptanc0 of the work in oach Unit of improvement as tho work in such Unit is completed and accepted, which certificates shall b~ oxocutod by tho Mayor in the name of tho City, attested by tho City Socrotary with tho corporato seal, and shall bo payable to J. R. Fanning or its assigns, and shall doclaro tho said amounts and ·the·:tinttf. and · . torms of payment and rate of interest and date of completion and acceptance of tho e improvomonts for which tho cortificato is issuod, and shall contain tho namo of tho o~mor as accurately as possible, and the description of tho property by lot and block numbor, or front foot thereof, or such othor description as may other- wise idontify tho same, and if the said propGrty shall bo owned by an estate, then to so state th~ description thoroof as so owned shall bo sufficient or if tho name of tho ownor be unknown, then to so state shall bo sufficient, and no ~rror or mistru~o in describing any prop~rty, or in giving the name of any owners, shall in any wise invalidate or impair tho assessment leviod hereby or tho certif icato issued in evidence th@roof. The said certificates shall further providQ substantially that if default shall bo mado in tho payment of any installment of principal or interest duo, wh~n, thon, at tho option of J. R. Fanning, or its assigns, tho whole of th• said assessment ovidoncod thoreby shall at once become duo and payable, and shall bo colloctiblo with reasonable attorney's foos and costs of collection, if incurred. And said certificates shall set forth and ~vidonco tho personal liability of tho owners of such property and tho lion upon such propQrty, and shall provide in 'Bffoct if def ault shall be mado in thm payment th0roof the samo may be onforcod oither by tho sale of the property by tho Tax Collector and Assossor of'tho City of Lubbock, as above recited, or by suit in any court having jurisdiction. Tho said certificates· shall further recite in offset that all proceedings with roforonco to making said improvements have boon regularly had in compliancm with tho law in force and proceedings of tho Cit y of Lubbock, and t hat all pro- roquisitos to the fixing of the lien and claim of personal liability evidenced by such cortificat~s havo beon regularly dono and performed, which recitals shall b~ ovidencod of tho matters and facts so rocitod, and no furthor proof thereof shall bo r oquirod in· any court. And tho said certificates ~ havo coupons attached thoroto in ovidonco of each or any of the several installments thoroof, or thoy may havo coupons for 0ach of the first two installments, leaving t ho main certificate for tho third. And tho said certificates shall further provide in affect that tho City of Lubbock shall exercise all of its lawful powers, whon roquostod so to do by the holder of said certificates, to aid in the enforcement and collection thereof and said certificates m~ contain other and further recitals pertinent and appropriate thereto. It shall not bo necessary that said certificates shall bo in tho exact form as abovo sot forth, but the substance and offoct thereof shall suffice. VIII. Tho assessments levied by this ordinance for tho improvomonts in each Unit arc altogothor soparato and distinct from assessments in ~ach and ovary other unit. Tho assessments for improvoments in ono unit aro in nowise affoctod by thg improvements in or the assessments levied for the improvomonts in any otho unit, and in making and levying assassmonts tho cost of th~ improvements in each Unit, tho benefits by moans of the improvements, and all othor matt~rs and things with reforonoe to tho improvements in oach Unit, have boon considered, and do-· torminod altogether without roforenco to any such matters in any other unit, and tho omission of the improvements in any unit shall in nowise affect or impair the c validity of assessments for the improvomonts in any othor unit. Tho omission of improvements in any particular unit in front of any property exempt from the lien of such assGssmcnts shall in nowiso affoct or impair tho validity of assess- monte against othor property in that unit. IX. No mistako, orror, invalidity, or irregularity in tho namo of any property owner, or the description of any property, or tho amount of any assessment, or in any other matter or thing, shall in any wise invalidate or impair any assess- mont loviod heroby or any certificate issued, and any such mistako,·orror, in- validity, or irregularity, 't.rhothor in such ass~ssmt<mt or in tho cortificato issue in evidonco thereof, may be corrected or at any timo by the City. IX-A Tho Texas State Highway D~partmont, having agr0od to construct tho .improvements on 34th Street botwoon Avonuo Q and Avonuo H, t.rhich eliminates the nood for levying assossmonts against abutting property on 34th Street ~ botwoon Avonuo Q and Avonuo H, and tha City Commission finds it is advisable ana nocossary to abandon its paving project on that part of 34th Stroot contom- pJ.atod by previous procoodings, Units Nos. 1206, 1205, 1204, 1218, 1183 and lL82 , and tho proposed improvomonts in connection thorowith aro dolotod from all previous proc~odings and tho same aro hereby abandoned. x. All assessments levied aro a personal liability and chargo against tho roal and truo owners of tho premisos doscribod notwithstanding such ovmcrs may not bo named, or any be incorrectly namod. Passed and approved by unanimous voto of tho City Commission this tho _1Q. day of -~--~Mao:.Y~....-__ .;;.__, 1951. Passed and approved by unanimous vote of the City Commission this tho ~ day of Y~y ,1951. Fassod and approvod by unanimous voto of tho City Commission this the } ...J..4,t.h day of .Ttm e , 1951. M.'TEST: