HomeMy WebLinkAboutOrdinance - 9880-1996 - Correcting A Mistake Paving Assessment Improving Frankford Ave. - 02/08/1996.. First Reading
February 8, 1996
Item H28 Fila And Return To
Ed Bucy R-O-W
8605
Second i!·a~JJ6rm182
February 22, 1996
Item #7
ORDINANCE NO. 9880
PROJECT NO. 2035-94
AN ORDINANCE CORRECTING A MIST AKE IN THE CALCULATION OF A
PAVING ASSESSMENT LEVIED FOR PART OF THE COST OF IMPROVING
FRANKFORD;\ VENUE, AND AUTHORIZING THE ISSUANCE OF A NEW
CERTIFICATE OF ASSESSMENT.
, WHEREAS, on April 13, 1995, the City Council of the City of Lubbock, Texas, passed
j Ordinance No. 9730 which, among other things, levied assessments for part of the cost of
improving portions of designated streets, avenues and alleys in the City, and provided for the
issuance of assignable certificates in evidence thereof; and
WHEREAS, the parcels of property which were assessed for the cost of improving
portions of designated streets, avenues and alleys were described in an Exhibit attached to
Ordinance No. 9730; and
WHEREAS, the sums assessed against such parcels of property and against the real and
true owners thereof, together with interest thereon and attorney's fees and costs of collection, if
incurred, were therein declared to be and made a lien upon the parcels of property assessed; and
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J WHEREAS, after passage by the Council, Ordinance No. 9730 was filed in Vol. 4851,
1 Pages 145-177 of the Real Property Records of Lubbock County, Texas; and
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WHEREAS, during the assessment process, the zoning classification for one of the
parcels of property subject to the assessment was changed from A-2 to R-1, but such change was
not reflected in Ordinance No. 9730; and
WHEREAS, as a result of this omission, there was a mistake in the calculation of the
assessment for the parcel of property whose zoning classification was changed, and the property
was inadvertently assessed at a higher rate than similarly-zoned property; and
WHEREAS, the City Council has determined that it would be inequitable to not correct
this mistake; NOW THEREFORE:
I BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF LUBBOCK:
11 SECTION 1. THAT the zoning classification, rate of assessment and total assessment for
I' Parcel #3 of Unit 2035-94 in Ordinance No. 9730 shall hereby be modified and changed as
I follows:
l1 (a)
!I
I
The zoning classification expressed in the Ordinance for such property shall be
changed from A-2 to R-1.
VOL 51.16PAGE183
(b) The rate of assessment for paving shall be changed from $55.64 per front foot of
property to $12.86 per front foot of property. The rate of assessment for curb and
gutter shall remain at $6. 78 per front foot of property.
( c) The total assessment against such property, and the true and correct owners
thereof, shall be changed from $35,669.13 to $8,244.16 for paving and remain at
$4,346.45 for curb and gutter.
SECTION 2. IBA Ta new assignable certificate shall be issued by the City of Lubbock
in lieu of the certificate that was previously issued for Parcel #3 of Unit 2035-94 and such
substituted certificate shall be executed by the Mayor in the name of the City, attested by the
City Secretary with the corporate seal, and shall indicate the amount of the assessment as herein
modified. Such previously issued certificate is hereby rescinded.
SECTION 3. THAT Ordinance No. 9730 shall in all other respects remain unchanged
and all portions of such Ordinance other than those herein expressly modified are hereby ratified
and confirmed.
AND IT IS SO ORDERED.
Passed by City Council on first reading this
SEAL
APPROVED AS TO FORM:
l.~U~ i Harold Willard, Asst. City Attorney
'
HWl/ccdocs/cuevas.orcl
January 2S, 1996
FILED FOR RECORD
HAR I e -2 12 rH ·ss
HAR 1d 1996
i I I
First Reading
February 8, 1996
Item #28
Second Reading
February 22, 1996
Item #7
ORDINANCE NO. 9880
PROJECT NO. 2035-94
AN ORDINANCE CORRECTING A MISTAKE IN THE CALCULATION OF A
PAVING ASSESSMENT LEVIED FOR PART OF THE COST OF IMPROVING
FRANKFORD A VENUE, AND AUTHORIZING THE ISSUANCE OF A NEW
CERTIFICATE OF ASSESSMENT.
J WHEREAS, on April 13, 1995, the City Council of the City of Lubbock, Texas, passed I Ordinance No. 9730 which, among other things, levied assessments for part of the cost of
I improving portions of designated streets, avenues and alleys in the City, and provided for the I issuance of assignable certificates in evidence thereof; and
I I WHEREAS, the parcels of property which were assessed for the cost of improving I · portions of designated streets, avenues and alleys were described in an Exhibit attached to !l Ordinance No. 9730; and
1
1 WHEREAS, the sums assessed against such parcels of property and against the real and
l
true owners thereof, together with interest thereon and attorney's fees and costs of collection, if
I incurred, were therein declared to be and made a lien upon the parcels of property assessed; and
I
I ! I WHEREAS, after passage by the Council, Ordinance No. 9730 was filed in Vol. 4851,
] Pages 145-177 of the Real Property Records of Lubbock County, Texas; and
! WHEREAS, during the assessment process, the zoning classification for one of the
parcels of property subject to the assessment was changed from A-2 to R-1, but such change was
I not reflected in Ordinance No. 9730; and
I I WHEREAS, as a result of this omission, there was a mistake in the calculation of the i assessment for the parcel of property whose zoning classification was changed, and the property
was inadvertently assessed at a higher rate than similarly-zoned property; and
WHEREAS, the City Council has detennined that it would be inequitable to not correct
this mistake; NOW THEREFORE:
j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I j ! SECTION I. THAT the zoning classification, rate of assessment and total assessment for
1 ! Parcel #3 of Unit 2035-94 in Ordinance No. 9730 shall hereby be modified and changed as !I follows: I. I (a)
I ,I
I'
l
The zoning classification expressed in the Ordinance for such property shall be
changed from A-2 to R-1.
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(b)
(c)
The rate of assessment for paving shall be changed from $55.64 per front foot of
property to $12.86 per front foot of property. The rate of assessment for curb and
gutter shall remain at $6.78 per front foot of property.
The total assessment against such property, and the true and correct owners
thereof, shall be changed from $35,669.13 to $8,244.16 for paving and remain at
$4,346.45 for curb and gutter.
SECTION 2. THAT a new assignable certificate shall be issued by the City of Lubbock
in lieu of the certificate that was previously issued for Parcel #3 of Unit 203 5-94 and such
substituted certificate shall be executed by the Mayor in the name of the City, attested by the
City Secretary with the corporate seal, and shall indicate the amount of the assessment as herein
modified. Such previously issued certificate is hereby rescinded.
SECTION 3. THAT Ordinance No. 9730 shall in all other respects remain unchanged
and all portions of such Ordinance other than those herein expressly modified are hereby ratified
and confinned.
AND IT IS SO ORDERED.
Passed by City Council on first reading this
1.1 ATTEST, ~
:~H~ I ~tr:iohnso, City Se
I I APPRO I I
I
:I
APPROVED AS TO FORM:
~?Y-b~ Harold Wtllard, Asst: ~ttomey
HWl/ccdocslcuevas.ord
January 25, 1996
2
STATE OF TEXAS
COUNTY OF LUBBOCK
«rug nf 1fiuhhorh, 'mexas
Olmifiade of ~ ~eemtnt
'1'blll III to cmlfy: '11w l)J TlrtWI of an ordlDuM:e of IOffmlnl bodJ of tbe City of Lllllboct. of tbe Qxmty
or 1,abbock, 8tat.e of Tuai, IOrdlnuce No 9880 > 41117 uc1 regularb, pae<t m1 file 22nd
; ur ot February A.D 1996 and l>J .snue of other proce,,c11np beld ID caimectlOa
lbemrlth u NQ1llnd l)J law, &l:lere 'hll le'fled an uaeument for street lmpr'lmmenla ID tile 11ml of
Twelve thousand five hundred ninety 'Oollan <t-1=2=•~5-9~9-·-6~1 _________ .,
and 61/ 100 641 07 aplnA proper1;J lltuated ID DJO: CUJ, Cal:lm7 and State, and f:m>tm& • t-t m the west
atde or Frankford Btreet or AYlmlle. wlllcb Uld propmv II man ~ dlllCrlbl!d ' u tollan: tl'Dlt;: 2035-94 .
;Beginning at a point which bears south 00,degrees 01 minutes 43 seconds
;west 1634.16 feet and north 89 degrees 59 minutes 00 seconds west 55.00
.feet fram the northeast corner of Section 29, Block A-K, Lubbock County,
.;Texas; said point being the northeast corner of the Lubbock Stake Addition
. Lot "A";
00 dqrees 01 minutes 43 seconds east along the west right of
, way line of Frankford Avenue, a distance of 641.07 feet to a point 1n the
. south right of way line of 69th Street_; (Continued on back) · High Plains uevelopment Co., LTD
· c/o Ron Baker Securities
ud ap.tmt uie t;rue -tbmd 4903 82nd Street, Suite 30. Lubbock, TX 79424
'lbat this ll&l!ellllment la paJ'll,ble to order ot the City of Lubbock, ~ called ClTY, cir C'lTY'8
au<:cellllOI'& or usJcna. u the cue may be. In Lllbboct, Ll1bbocl: Count,, Teas. ID fM &IIDllA1 lmtall• menta a followlll:
I. S2, 518.12
2. 12,518.12
3. $2,518,12
March 15, 1996
March 15, 1997
March 15, 1998
4. 12,518.12
5. 12,518.13
March 15, 1999
March 15, 2000
and remedies for their enforoemect l!'l'ldenoed thereby to
81------------------
Thence north 89 degrees 59 minutes 00 seconds west ·along the south right of
way line of 69th Street a distance of 150.00 feet to a point;
Thence south 00 degrees 01 minutes 43 seconds west a distance of 641.07
feet to a point in the north property line of Lubbock Stake Addition, Lot "A''.;
Thence south 89 degrees 59 minutes east along the north property line, of
Lubbock Stake Addition, Lot "A" to the point of.beginning.
K,•:J) (D
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
Nml(Jj;t~sf!l
My Commission Expires .................. ___ _
_.... c:/ '--"""1-=--' .. J"'"""";:._.=,.._._.,,_ __ _.19 q/,,, Subscribed and sworn to before me this, __ ""9(""""6"'--_..,.day nf teJ;;.J ii (.i n/ _ _.
~'ORM58-ID