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HomeMy WebLinkAboutOrdinance - 4231-1963 - Closing Hearing For Cost Of Improving A Portion Of Ave Q From 50Th To SE BLK A. - 10/24/1963GWO _____ _ ~9:f~-='t~~~ II -2(jj -It) l/3 a.u>I'Nt\NCE N0. __ 4_2_3_1 __ _ AN ORDINA.NCE CLOSING HEARING AND lEVYING ASSESSMENI'S FOR A PART OF THE COST OF D1PR.OVING A PORTION OF AVENUE Q FROM 50TH STREET TO THE SOtJrHEAST PROPERTY LINE OF BLOCK A, CARLTON HEIGJn'S ADDITION, SUCH PORTIONS BEING MORE PARTICUlARLY DESCRIBED IN THE PAVING ASSESSMENt'S OF THE CITY OF LUBBOCK ATTACH ED HERETO AND MADE A PART HEREOF AND PROVIDING F<R THE COLLECTION OF SUCH ASSESSMENtS AND FOR THE ISSUANCE OF ASSIGNA.BLE CERTIFICATES IN EVIDENCE THERE- OF, ALLOCATING FUNDS. WHEREAS~ the City of Lubbock~ a Home Rule Municipality, has heretofor ordered that the hereinbelow mentioned portions of Avenue Q be improved by installing the outermost concrete curb and ~tter on Unit Numbers 2112-1 and 2112-2, the curb and ~tter to be 30., Portland cement and concrete curb and gutter and or 30" Portland cement concrete gutter, 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 curb and gutter improvements and contract was entered into with Kerr Paving Company, Inc., said portions being as follows, to-wit: · East. side of A.venue Q from its intersection with the South Property Line of 50th Street to its intersection with a line 374.66' South of the South Property Line of 58th Street (East Side), known and designated as Sub-Unit Number 1 of Unit Number 2112. West side of Avenue Q from its intersection with the South Property Line of 50th Street to its intersection with the Southeast Property Line of Block A, carlton Heights Addition, known and designated as Sub-Unit Number 2 of Unit Number 2112. WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit~ showing the amounts to be assessed asainst the various parcels of abutting property,, and the owners thereof, and showing other matters and things; and tne· same 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 anywise interested, and due and proper notice was given in compliance with law and in addition notices were mailed to each known property owner to be assessed addressed to his last known address, and such hearing was bad and held at the time and place fixed therefor, to-wit: on the 24th day of October, 1963, 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 in the units indicated namely: Sub•Unit 1 of Unit 2112 The c. N. Hodges Estate was represented by Mr. Tom Clinton as being opposed to the proposed assessment. ) Sub-Units 1 and 2 of Unit 2112 Lubbock Cotton Exchange, Inc., D. G. Kirkland, w. B. Rushing and Jimmy Walker ,• were represented by Mr. Bobby Moody as being opposed to the proposed assessments. (See copy of their letter at back of edinance). 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 fully considered all matters presented for consideration, and having fully considered all of the evidence, and all p~rtinent and proper matters is of opinion that the followin disposition should be made of such protests and objections, and that assess- ments should be made as herein ordained, tHEREFmE BE IT OlU>AINED BY tHE CITY C<MKISSION OF THE CITY OF LlmBOCK; 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. II. The City commission, from the evidence f~nds that the assessments herein levied shall be made and levied a~inst the respective parcels of property abutting upon the said portions of Avenue Q 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 ~posed, 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 Sub•Unit upon which the particular property abuts, and for which assessment is levied, in a sum in excess of the assessment levied, asainst same by this ordinance, and further finds that the apportionment of the cost of the ~provements is in accordance with .the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. II-A. The CityCCommission, from evidence considering the benefits received and burdens imposed, finds that the owners of railroads occupying and/or crossing portions of Avenue Q herein named shall pay and are hereby assessed the whole costs of ~proving, including 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 b~ assessed af!Ft.inst 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. 1 { \ III. c.c. that there shall be and is hereby levied and assessed against the g parcels of property and railroads crossing or occupying said Avenue Q, hereinbelow mentioned and against the real and true owners thereof, whether .;1! ~ such owners be listed correctly herein or not, the sums of money belowmentione ~ and itemized shown opposite the description of the respective parcels of ~ property and railroads crossing or occupying said Avenue Q; the description of -" such property and railroadsJ and several amounts assessed against same, and the Owners thereof, being as follows: IV. That the assessments so levied are for the improvements in the particular Unit upon which the property described abuts, and the assessments f the improvements in one Unit are in no wise related to or connected with 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 any fact in anywise connected with the improvements, or the assessments therefor, or any other unit. v. That the several sums abovementioned assessed aaainst 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., bogether with reasonable attorney• fees and cost of collection, if incurred, are hereby declared to be and made a lien upon the respective parcels of property asainst which the same are assessed, and a personal liability and char~ a~inst 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 clatms, 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 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 6t per annum, payable annually with each installment, so that upon completion and acceptance of the improvements in a particular Sub•Unit assessments al§llinst the property abutting upon such completed and accepted Sub-Unit shall be and become due and payable in such installments and with interest from the date of such completion and acceptance provided that any owner shall han 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 tbe City of Lubbock, or its assigns, be and become immediately due and payable, and shall be collectible with reasonable attorney's fees and costs of collection if incurred. I I 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 the City of Lubbock, shall look solely to said property, and the owners there• of, for the payment of the sums assessed asainst 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 non-payment of ad valorem taxes, or at the option of the City of Lubbock, or its assigns, payment of said sums shall be enforced by sui in any court having jurisdiction. VII. For the purpose of evidencing the several sums assessed asainst 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 SubAUnit is completed and accepted, which certificate 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 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 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 t 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 • ..,!. 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 the ity of Lubbock, or its assigns, the whole of the said assessment evidenced thereby shall at once become due and payable, and shall be collectible with reasonable attomey*s fees and costs of collection, 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 ity of Lubbock, as above recited, or by suit in any court having jurisdiction. 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 liabili ty evidenced bJ such certificates have been regularly done and performed, whic 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 collectio thereof, and said certificates may contain other and further recitals pertinen 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 .. provements 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 altosether without reference to any such matters in any 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 any other unit. The omission of improvement~ in any particular unit in front of any property exempt from the lien of such assess• ments shall in nowise affect or impair the validity of assessments asainst 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 mistake, error, invalidity, or irregularity, whether in such assessment 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 char~ a~inst ,. ..· the real and true owners of the premises described notwithstanding such owners C§ may not be named, or any be incorrectly named. ~ Passed and approved by unanimous vote of the City Commission this the 24th day of October, 1963. Passed and approved by unanimous vote of the City Commission this the _1_4_.t_.h __ day of November , 19 63 • Passed and approved by uwimous vote of the City Commission this the day of Novemoer , 19 • -----26th City Engineer