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HomeMy WebLinkAboutOrdinance - 2153-1957 - Levying Assessment For A Pert Of The Cost Of Improving A Portion Of E Broadway - 02/28/1957( ' . t , ~ ·r VOL 655 PAG£103 GWO 730 ORDINANCE NO ~2153 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A P.A.ltT OF THE COST OF IMPROVING A PORTION OF EAST BROAD'wTAY, SUCH PORTION BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTAC HEREI'O AND MADE A P.A.ltT HERIDF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS- MENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THF.FWF, ALLOCATING F"lJNDS. WHEREAS, the City of Lubbock, a Home Rule Hunicipality, has her:etofore ordered that the hereinbelow mentioned portion of East Broad~ be improved by the raising, grading, filling and installing concrete curb and gutters on Unit Nos, 1877 and 1878, together with the necessary incidentals and appurtenances, all as provided in the specifications prepared by the State Highw~ Department; and arrangement for the making and construction of such improvements and contract was entered into with the State of Texas, said portions being as follows, to-wit: East Broadw-ay (South Side} t'rom its intersect.ion with the West Gutter Line of Date Avenue to its intersection with a line 105.5 1 East of the East PrQperty Line of Zenith Avenue (North Leg), known and designated as Unit Number 1877. East Broadway (North Side} fro~ its intersection with the West Gutter Line of Date Avenue (South Leg) to its intersection with the East Property Line of Zenith Avenue, kno-wn and designated as Unit Number 1878. lfrlEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the vario parcels of abutting property, and the owere thereof, and showing other matters and things; and the sa~e 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 aqrwlae 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 28th d~ of Febauary 1957, at lltOO o1 clock A.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: Roland Simpson, representing Rhyne Simpson, appeared protesting the improvement because of the inaccessability to part of his property due to the fill a~ction on East BDoadway. Mr. Simpson also protested the width of the driveway openings. Sam Strong appeared protesting the width of driveway openings. Jack Alexander appeared protesting the width of driveway openings. -. ~ ( r.' G. c. Dowell appeared protesting the proposed assessment against a portion of his property because of the paved access road between his property and the proposed improvements and also protesting the width of the driveway openings. Gordon Hilton appeared protesting the width of the driv~ openings. John Vickers, representing Mr. J. M. Cunningham and Mr. Henry Rodgers, appeared protesting the width of the drivew~ openings. 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 tully considered all matters presented for consideration, and having fully considered all of the evi dence, and all pertinent and proper matters is of opinion that the following disposition should be made of such protests and objections, and that assessment should be made as herein ordained, THEREroRE BE IT ORDAI1lW BY THE CITY COMMISSION OF THE CITY OF LUBBOCK; I. 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. II. 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 portion of East Broadway 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 ab~tting 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 assesament 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 impTovements 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 belowmentioned and itemized shown opposite the description of the respective parcels of property; and the descriptions of such property, and several amounts assessed against same, and the Owners thereof, being as follows ' ma F i!hsess I i tis ~""""~-.u Pa I •••1 az J 7 J . ( ' .• ( ( VOL 655 PA~1(}8 . ( ' IV. ', I 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 \lith the 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 a~ 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 propert~ against which the same are assesse 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 payable 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 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 ~~d acceptance, provided that a~ owner shall have the right to pay off the entire assessment, or any installment thereof, before aturity, by payment of principal and accrued interest, and provided further that if default shall be made in the p~vment of any installment promptly as the same matures, then the entire amount of the assessment, upon whi ch such default is made shall, at the option of the City of Lubbock or its assigns, be and becom immediately due and payable, and shall be collectible with reasonable attorne.y's ees and coats of collection if incurred. VI. The City of Lubbock shall not in any manner be liable for the payment f airf sums hereby assessed against any property and the owners thereof, but he City of lubbock, shall look solely to said property, and the owners thereof, or the p~ent of the sums assessed against the respective parcels of property; ut said City shall exercise all of its lawful powers to aid in the enforca~ent ollection of said liens and assessments, and if default shall be made in the ayment of any assessments collection thereof shall be enforced either by sale f the property by the Tax Collector and Assessor of the City of Lubbock as near s possible in the manner provided for the sale of property for the non-payment f ad valorem taxes, or at the option of the City of Lubbock, or it~ assigns, ayment of said su.rns shall be enforced by suit in aiiy cotu"t having jurisdiction. ( ( ( r. VOL 6'55 ~l\nf 1{]9 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 p~ent, 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 ex4cuted by the 11ayor in the name of the City, attested by the City Secretary with the corporate seal, and shall be p~able to the City of Lubbock, 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 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 m~ otherwise identif.y the s~~e, and if the said property shall be owned b.1 an estate, then to so state the description thereof as s~ 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 aqy property, or in giving the na"ne of any ovmers, shall in anywise 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 tmy installment of principal or interes due, when, then, at the option of the City of Lubbock, or its assigns, the whol of the said assessment evidenced thereby shall at once become due and p~able, and shall be collectible with reasonable attorne.y's fees and costs of collectio , 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 a~ court having jurisdiction. The said certificates shall further recite in effect that all pro- ceedings with reference to making said improvements ~ave been regularly had 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 liabili- ty evidenced by such certificates have been regularly done and performed, which recitals shall be evidence 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 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 and collection thereof, and said certificates may contain other and further recitals 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. ( { VOL 655 PAG£110 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 tm.it. The assessments for improvements in one unit are in nowise affected ~ the improvements in or the assessments levied for the improvements in any other unit, and in making and levying assessments the .fost of the im- provements in each Unit, the benefits by means of the improvements, and all other matters and things with reference to the improv~~ents in each Unit, have been considered, and determined altogether without reference to any such mat- ters in ailiV 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 an1 other unit. The omission of improvements in a~ particular unit in front of aqy property exempt £rom the lien of such assessments shall in nowise af- fect or impair the validity of assessments against other property in that unit. XI. No mistake, error, invalidity, or irregularity in the name o~ any property owner, or the description of any property, or the amount of any asses ment, or in any other matter or thing, shall in any wise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, error, invalidity, or irregularity, whether in such asse~sment or in the certificate issued in evidence thereof, may 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 a~ be incorrectly named. Passed and approved by unanimous vote o.f the City Commission tlrl. s the 28 day of Februacy · , 1957. ~· . :-Passed and approved by unanimous vote of the City Commission this the _1_4t_.,.,,d'8y of MAR _. , 1957. Passed and approved by unanimous vote of the City Commission this the ...;.28~_d.ay of Hlrcll ~ • 1957.v~· Attest; s. s. Forrest, Jr., May r L:) • 'Q '"J ... ,, I, Lavenia Lowe, City Secretary-Treasurer, City of Lubbock, Texas, hereby certify that the above and foregoing is a true and correct copy of----- Ordinance No. 2153, closing hearing and le'!fying assessments far paving, G~ 730. Passed by the City CoDDllission on __ Ma_r_c_h_2_8_,_1_9_5_7 ___________ _ and of record in Minute Book 16, Page 207 records of the City Commission of the City of Lubbock, Texas. This ___ 2_3 ___ __.day of _._ ___ Ap_r_1_1 ____ .19 57 • Lav ia Lowe, Ci Secretary-. Treasurer, City of Lubbock, Texas T,. au f\._.., . r . • T ' !lO 'to 't -~ ~-----lo "{qo~ :to 'l'IO::> bnc t t . ' a ----------------'0 -- . asxst t ~ rJ lo OJ: lo ~ ....... Clerk Cowty Court, Lubbock County. Texall •• . ' .p~~UR~~S~ RECIU,ISITIO~o, ·~ f~ ,(EQ. IY l.e,_b Low '?-. \ CITY OF' LUBBOCK f'}/ DAT~..;.;. TO PURCHASING DEPT.-Purchase the Following Goods to be Oeliver•d · • T lS,l\ . ~ L From:~---A~W..a~~~~~bt~~~~ .. .,r-----~L-~2b~~ On Hend NeM c ;,5}-;;l \ ~ .THESTATE OF TEXAS COUNTY OF LUBBOCK Erle Marie Unit Cost Tot. Cost To see a copy of Assessment please contact the City Secretary's office