HomeMy WebLinkAboutOrdinance - 4151-1963 - Closing Hearing, Levying Cost Of Improving A Portion Of 66Th St And Gloss Ave. - 08/08/1963GWO 2839
nDft"R'fA UI'OD 4151 ~~ mo. ____________ _
AN CllDIN'A.NCI CLOSING BBAB.m:; AND lEVYING ASSESSMIN'IS :rat. A PAllT 01
TBI CC:S'l Ol IMPilOVDG A PCJl'l'ION (JJ 66TH S'l".RBBT AND GLOBE AVENtll, SUCH PCit'l'IONS
BEING Mcm! PAI.TICUIAB.LY DBSCIU:mm IN '!'BE PAVING ASSBSSNUifrS 01 '111B CITY OF
LUBBOCK AT'lA.CBED BD.BTO AND MlDB A PART BIBJUP ARD Pat'l'IONS CJ.I' orHBil SURDitY ~
S'l'REBTS, HIGBflAYS ARD/at AI..IBYS IN THE ClTY (II' UJBBOOK, TBXAS. AND/CJJ.. ALONG
THB BOUNIWlDS Ol SAD> CITY AND PROVD>DG FCit THE COLJBCTION 01 SUCH ASSBSS-
MEN'l'S AND P'a.l THE ISSUANCB Cl' ASSIGNA.BIE CBB.TIP'Ic&TBS IN EVlDJUQ TBIBBCI!,
ALLOCATING FUNDS.
WHBBEAS • the City gf Lubbock, a Home Rule Municipality, has
beretefO'l'e ordered that the bereinbelGW mentioned portions of streets, highwa ,
avenues and/or alleys be ~proved by the raising, grading and filling and
paving and by installing concrete curb and guttexs and drains where necessary
on Sub•Unit Numbers 1 and 2 of Unit NUIDber 2109, the paving te be ef qu.adruple
asphalt surface treatment (inverted penetration type) on a six (6) inch com-
pacted caliche base, together with the necessary incidentals and appurtenances
all as provided in tbe specifications prepared by the City Engineer, now on
file with said City; and arrangement for the making and constxuction of such
improvements and contract was entered inte with Hodges and Tierney. said
portions being as follows, to-wit:
South 1/2 of 66th Street from its intersection .with the West Propexty Line of
Elm Avenue (North Leg) to its intersection with the West Property Line of
Globe Avenue, known and designated as Sub-unit Number 1 of Unit Humber 2109.
West 1/2 of Globe Avenue from its intersection with the n~theast paving line
of Slaton Road to its intexsection with a line 13.5 feet Sovth of the South
Property Line of 66th Street (Bast Side), known and designated as Sub•Unit
Number 2 of Unit Number 2109.
WBIIU!:AS, the City Engineex prepared xolls or statements for the
impxovements in each unit, showing the amounts to be assessed against the
various parcels of abutting property, and tbe owners thereof, and showing
other matters and things; and tbe same were examined by the City CGIIIIlission
and approved, and a time and place was fixed for bearing to the owners of
such abutting property, and to all others in anywise interested, and due and
proper notice was given in compliance with law and in addition notices were
mailed to each known property owner~bo be assessed addressed to his last
known address, and such hearing was had and held at the time and place fixed
therefor, to-wit: on the 11th day of July, 1963, at 2:00 o'clock P.M. in the
Commission Room in the City of Lubbock, Texas, and at such hearing all desirin
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 requixed 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 impxovements in the units indicated namely: ~
Mr. P. c. Blazi appeared opposing the proposed paving improvements on 66th ~
Street and Globe Avenue. CJ1
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And all objections and protests made were fully considered and said
hearing was continued from day tc> 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 beard~ 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 follow-
ing disposition should be made of such protests and objections, and that
assessments should be made as herein ordained, THKUF<IUt
Bl 1T (JU)A.Itm) BY THE CrrY C<MfiSSION OF TIE CITY OJ' WBBOCK;
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 Sub•Units and Units, is hereby closed. {' cL. _, _
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II.
The City Ccamission, 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, highways, avenues and/or
alleys and against the owners of such property, and that such assessments are
right and proper and established substantial justice and equality and uniform•
ity between the respective owners and respective properties, and between all
parties concerned, considering benefits received and burdens imposed, and
further fin4s that in each case the abutting property assessed is specifically
benefitted in the enhanced value thereof, by means of the improvement in the
Sub-Unit upon which the particular property abuts, and for which assesament
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 improve
ments is in accordance with the proceedings heretofore taken and bad with
reference to such improvements and is in all respects valid and regular.
II-A.
The City Cgmmission, from evidence considering the benefits
received and burdens imposed, finds that the owners of railroads occupying
and/or crossing portions of streets, highways, avenues and/or alleys herein
named shall pay and are hereby assessed the whole costs of improving, includin
foundation, extra concrete, ties, etc., between 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 constitute a lien superior to any
other lien or claim except State, County and Municipal Taxes.
III.
That there shall be and is hereby levied and assessed against the
parcels of prc>perty and railroads crossing or occupying streets, highways,
avenues and/or alleys, hereinbelow mantioned and against the real and true
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owners tbeceof, 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 railroads crossing or occupying streets
highways, avenues and/or alleys; the deacription of such property and railroad ,
and several amOunts assessed aga:~u6t o;ame, and the owners thereof, being as
follows:
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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 tmprovements 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 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 there
at the rate of six (61) per cent per annum, together with reasonable
attorney's fees and co~t 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 cr 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) I
days after the completion and acceptance by the City of the tmprovements in t
Sub•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 installment 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 b% per annum, payable annually with
each installment, so that upon completion and acceptance of the tmprovements
in a particular Sub•Unit assessments against the property abutting upon such
completed and accepted Sub-Unit shall be and become due and payable in sucb
installments and with interest fr~ 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 amoun
of the assessment, upon which such default is made shall, at the option of
Hodges and Tierney, or its assigns, be and become immediately due and payable,
and shall be collectible with reasonable attorney's fees and costs of collec•
tion if incurred.
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VI.
The City of ~bbock shall not in any manner be liable for the
payment of any sums hereby assessed against any property and the owners thereof)
but Hodges and Tierney shall look solely to said property, and the owners
thereof, for the payment 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 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 nou•payment of ad valorem taxes, or at the option of Hodges and Tierney,
or its 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
each Sub•Unit of improvement as the work in such Sub"Unit is canpleted 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 paya•
ble to Hodges and Tierney, 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 descrip•
tion 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 anywise invalidate or impair the
assessment levied hereby or the certificate issued in evidence thereof. Jf
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 Hodges and Tierney, or its assigns,
the whole of the said assessment evidenced thereby shall at once became 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 ef such property and the lien upon such
property, and shall provide in effect if default shall be made in the payment SQ
thereof the same may be enforced either by the sale of the property by the ~
Tax Cellector and Assessor of the City of Lubbock, as above recited, or by
suit in any court having jurisdiction. it ~ The said certificates shall further recite in effect that all ~
proceedings with reference to making said improvements have 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 liability
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.
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And the said certificates may have coupons attached thereto in
evidence of each or any e£ 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 necessary that said certificates
shall be in the exact form as above set forth, but the substance and effect
thereof shall suffice.
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 im~
prpvements 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 ether unit, and the om.issi011 of the imprevements in any unit
shall in nwise affect or impair the validity of assessments for the improvement
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 of 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
assessment, 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
mistaket error, invalidity, or irregularity, whether in such assessment or in
the certificate issued in evidence thereof, may be corrected at any t?ime 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 namedt or any be incorrectly named.
Passed and approved by unanimous vote of the City Commission this the
25th day of July, 1963.
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Passed and approved by unanimous vote of the City Commission this t
8th day of August , 19 63 •
Passed and approved by unanimous vote of the City Commission this t
22nd day of Auaust , 1963 •
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Attorney