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HomeMy WebLinkAboutOrdinance - 1484-1953 - Levying Assessment For Part Of Improving And Widening Idalou Rd - 10/22/1953Copy 11-28-53 to City -~gineer fD-2..2.-1953 "-1:2-195 3 ,, -24--1..95 3 ORDINANCE NO. ~ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESS1-1ENTS FOR A PART-OF THE COST OF IMPROVING AND WIDENING IDALOU ROAD FROH OAK AVENUE TO TEAK AVENUE SUCH PORTION OF IDALOU ROAD BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTADHED HERETO AND N'ADE A PART HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS1,1ENTS AND FOR THE ISSUANCE OF ASSIGN- ABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. WHEREAS, the City of Lubbock, a Home Rule MUnicipality, has heretofore ordered that the hereinbelow mentioned portion of Idalou Road designated as Unit No. 1558, be improved and widened by raising, grading and filling the exist- ing ditches,by installing concrete curb and gutter, and by paving between the proposed curb and existing paving, the proposed paving to be of hot mix asphaltic concrete on a six (6) inch compacted caliche base,ttogether with the necessar.y 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 improvements and widening and contract was entered into with Frank B. Hodge~ said portion of Idalou Road being as follows, to-wit: Idalou Road from its intersection with the West troperty Line of Oak Avenue to its intersection with the East Property Line of Teak Avenue, known and designated as Unit Number 1558. WHEREAS, the City Engineer prepared rolls or statements for the widening and improvements in said 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 approve , and a time and place vas fixed for hearing to the owners of such abutting property and to all others in anywise 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 22nd day of October, 1953, 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 and widening in said unit. 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 a~ 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 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 COMMISSION OF THE CITY OF LUBBOCK; I. That all protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruleq and the said hearing, with respect to said unit, 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 portion of Idalou Road and against the owners of such property, and that such assessments are right and proper and established sub- stantial 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 specifically benefitted in the enhanced value thereof, by means of the improvement on Idalou Road upon which the particular property abuts, and for which assessment is levied, in a sum in excess of the assessment levied, against same b.1 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. III. ~That there shall be and is hereby levied and assessed against the parcels of property hereinbelow mentioned and against the real and true owners thereof, whether such owners be listed correctly herein or not, the sums of money below- mentioned and itemized shown opposite the description of the respective parcels of property; the descriptions of such property and railroads, and several amounts assessed against same, and the Owners thereof, being as follows:--(Rcila in~ex~eti i=ft:: 8s: igiual h PS sf i U11wt a 'aBi ia n,•••• 3' an a ):. Insert Paving Rolls here. ~ IV. \11}{. 520 P&177 That the assessments so levied are for the improvements in Unit 1558 upon which the property described abuts, and the assessments for the improvements in said Unit are in no wise related to or connected with the improvements in ~ other Unit, and in making assessments and in holding said hearing the amounts so assessed for improvements in said Unit have been in nowise affected by any fact in anywise connected with the improvements, or the assessments therefor, or any 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 cost 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, County, and Municipal taxes and the sums so assessed shall be payable as follows, to-wit: In three equal installments, the first p~able on or before ten (10) days after the completion and acceptance by the 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, 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 said 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 any 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 default shall be made in the payment 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 Frank B. Hodges or his 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 Frank B. Hodges, shall look solely to said property, and the owners thereof, for the p~nt of the sums assessed against the respective parcels of property; but said City shall exercise all of its lawful powers to aid in the enforcement and ~ collection of said liens and assessments, and if default shall be made in the · p~nt of any assessments collection thereof shall be enforced either by sale of the property bv 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 Frank B. Hodges or his assigns, payment of said sums shall be enforced by suit 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 work in said 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 Frank B. Hodges, or his assigns, and shall declare the said amounts and the time and terms of payment and rate of interest and date of completion and acc~ptance 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 ~ 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 anywise invalidate or impair the assessment levied hereby or the certifi- cate 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 Frank B. Hodges or his 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 lia- bility 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 ~ 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 any court having jurisdic- tion. I u - .. · The said certificates shall further recite in effect that all pro- ceedings with reference to making said improvements have been regularly bad in compliance with the law 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 evidence of the matters and f~cts 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 ~of the several installments thereof, or they may have coupons for 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 andr collection thereof, and said certificates may contain other and further rtcitals 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 there- of shall suffice. VIII. The assessments levied bf this ordinance for the improvements in said Unit are altogether separate and distinct from assessments in each and every other unit. The assessments for improvements in said 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 im- proyements in said Unit, the benefits by means of the improvements, and all other matters and things with reference to the improvements in said Unit, have been considered, and determined altogether without reference to any such mat- ters in any other unit, and the omission of t he improvements in any other unit shall in nowise affect or impair the validity of assessments for the improve- ments in said unit. The omission of improvements in said unit in front of ~ property exempt from the lien of such assessments(shall in nowise affect or impair the validity of assessments)against other property in said unit. II. No mistake, error, invalidity, or irregularity in the name of any property owner, or the description of any property, or the amount of apy assess- ment, or in any other matter or thing, shall in any wise invalidate or impair any assessment levied hereby or ~ certificate issued, and any such mistake, error, invalidity, or irregularity, whether in such assessment or in the certificate issued in evidence thereof, ~ be corrected 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 owners may not be named, or ~ be incorrectly named. flll 5lfJ PAGE 179 Passed and approved by unanimous vote of the City Commission this the 22nd day of October , 1953. 12th Passed and approved by ~animous vote of the City Commission this the day o£ November , 1953. Passed and approved by unanimous vote of the City Commission this the 2lf:th day of tlgvem}2az: , 1953. J 6 I, Lavenia Lowe, City Secretary-Treasurer, City of Lubbock, Texas, here by certify that the foregoing is a true and correct finally copy of Ordinance;passed by the City Commission on November 24, 1953, said Ordinance being Number 1484, General Work Order Number ?90, and that same is recorded in the Ordinance records or the Citv Commission of the Citv of Lubbock, Texas. This 24th day of November, 1953. Lave~'c?c~:.TreiiSUrBr ( c i tv".Seal} . t ' . • • .. • • ...---------'-·--""1 FIU~i:> fOR REC0:1D AT. •• 6;?. L ... o· ~LOCiclk c_·· 29 1953 ;fjxjt~ County Clerk, Lubbock County, Texas