HomeMy WebLinkAboutOrdinance - 5902-1970 - Paving Assessments, GWO 2993 - 06/25/1970r:!. I a.w .o. 2993
ORDINANCE NO. 5-902
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AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COS'I
OF IMPROVING A PORTION OF THE NORTH-SOUTH AND EAST-WEST ALLEYS LOCATED IN THE
FOLLOilING BLOCKS AND ADDITIONS: BLOCK 50, ROBERTS AND MCWHORTER ADDITION;
BLOCK 51, ROBERTS AND MCWHORTER ADDITION; PART OF BLOCK 6, ROBERTS AND MCWHORTER
ADDITION; PART OF BLOCK 56, OVERTON ADDITION; PART OF GARLAND SUBDIVISION OF
BLOCK 2, ROBERTS AND MCWHORTER ADDITION; BLOCK 120, OVERTON ADDITION; PART OF
BLOCK 12, 0 1NEALL TERRACE RESUBDIVISION; PART OF BLOCK 1~ SOUTHPORT ADDITION;
BLOCK 3, SIMMONS ADDITION; PART OF BLOCK 3, SUNNY SLOPE ADDITION; LOTS 324 THRU
AND INCLUDING LOT 355 LEFlWICH MONTEREY HEIGHTS ADDITION; LOTS 33 THRU AND
INCLUDING LOT 38, LOTS 187 THRU AND INCLUDING LOT 214, MELONIE/PARK ADDITION;
BLOCK 21, MYRTLE SIATON ADDITION; BLOCK 3, TECH TERRACE ADDITION, BLOCK 3,
UNIVERSITY PLACE ADDITION; BLOCK 12, RUSHLAND PARK ADDITION; BLOCK 27, MYRTLE
SLATON ADDITION; PART OF BLOCKS, MASSEY HEIGHTS ADDITION; LOTS 1 AND 3,
SCHARNBERG ADDITION; BLOCK 2, DEL MAR ANNEX; LOTS 5 AND 6, BLOCK 9, SIMMONS
ADDITION; LOTS 106, 107, 108, 109, 110, 111 AND 112, GORDON HEIGHTS ADDITION;
PART OF -BLOCK 1, LINCOLN HEIGHTS ADDITION; SUCH PORTIONS BEING M:>RE PARTICUIARLY
DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND
MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND/.OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION
OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE
THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED
BY CITY COUNCIL).
WHEREAS, the City of Lubbock, a Horne Rule Municipality, has heretofore
ordered that the hereinbelow mentioned portions of alleys be improved by the
raising, grading and filling and paving and by installing concrete curb and
gutters and drains where necessary on Sub-Unit Numbers 1, 2, 3, 4, 5, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 of Unit A-400. The paving to
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be of reinforced concrete slab, a minimum of five (511) inches in thickness and a
minimum of ten (101) feet wide together with the necessary incidentals and
appurtenances, all as provided in the specifications prepared by the City Engineer:J ~
now on file with said city; and arrangement for the making and construction of
such improvements and contract was entered into with T. J. Hodges, Inc., said
portions being as follows, to-wit:
Blocks SO and 51 Roberts and McWhorter Addition to the City of Lubbock, Lubbock
County, Texas abutting the North-South alley West· of Waco Avenue from its inter-
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'.J Lots 3, 4, 5, 6, 7, 8, 9, 10, il, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23
and 24, Block 56, Overton Addition to the City of Lubbock, Lubbock County, Texas
abutting the East-West alley between Main Street and Broadway from its intersectio
with a line 12 feet East of the West Property Line of Avenue U to its intersection
with a line 12 feet West of the East Property Line of Avenue V, known and
designated as Sub-Unit 3 of Unit A-400.
Lots 6, 7, 8, 11, 12, 17, 18, 19, 20, 21, 22, 23 and 24, Garland Subdivision of
Block 2, Roberts McWhorter Addition to the City of Lubbock, Lubbock County, Texas,
abutting the North-South and East-West alley between Paris Avenue and Avenue Q
from its intersection with the South Property Line of 3rd Street South and East
to its intersection with a line 12 feet East of the West Property Line of Paris
Avenue, known and designated as Sub-Unit 4 of Unit A-400,
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Block 120, Overton Addition to the City
of Lubbock, Lubbock County, Texas, abutting the North-South alley between Avenue
and Avenue S from its intersection with the South Property Line of Main Street to
its intersection with the North Property Line of Broadway, known and designated
as Sub-Unit 5 of Unit A-400.
Lots 13, 14, 15, 16, 17 and 18 of Block 12, O'Neall Terrace Re-subdivision of
parts of Blocks 111, 112 and 113, McCrummens 2nd Addition to the City of Lubbock,
Lubbock County, Texas abutting the East-West alley between 33rd Street and 34th
Street from its intersection with a line 12 feet West of the East Property Line
of Avenue S to its intersection with. a line 300 feet East of the East Property
Line of Avenue S, known and designated as Sub-Unit 7 of Unit A-400.
Lots 1, 2 and the East 11.15 feet of Lot 3, Block 1, Southport Addition to the
City of Lubbock, Lubbock County, Texas, abutting the East-West alley between
38th Street and 39th Street from its intersection with a line 20 feet East of the
West Property Line of Avenue Q to its intersection with a line 145 feet West of
the West Property Line of Avenue Q, known and designated as Sub-Unit 8 of Unit
A-400.
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Block 3, Simmons
Addition to the City of Lubbock, Lubbock County, Texas, abutting the East-West
alley between 28th Street and 29th Street from its intersection with the West
Property Line of University Avenue to its intersection with a line 12 feet West
of the East Property Line of Akron Avenue, known and designated as Sub-Unit 9 of
Unit A-400 •.
Lots 9, 10, 11 and the West 10 feet of Lot 12, Block 3, Sunny Slope ·Addition to
the City of Lubbock, Lubbock County, Texas, abutting the East-West alley between
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Lots 33, 34, 35, 36, 37, 38, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196,
197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
213 and 214 Melonie Park Addition to the City of Lubbock, Lubbock County, Texas,
abutting the North-South and East-West alley between Louisville Drive and
Lynnhaven Drive from its intersection with the North Property Line of 62nd Drive
to its intersection with the East-West alley North of 62nd Drive and from its
intersection with the West Property Line of Louisville Drive to its intersection
with the East Property Line of Memphis Avenue, known and designated as Sub-Unit
12 of Unit A-400.
All of Block 21, Myrtle Slaton Addition to the City of Lubbock, Lubbock County,
Texas abutting the East-West alley between 44th Street and 45th Street from its
intersection with the West Property Line of Hartford Avenue to its intersection
with the East Property Line of Indiana Avenue, known and designated as Sub-Unit
T:J of Unit A-400.
All of Block 3, Tech Terrace Addition to the City of Lubbock, Lubbock County,
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Texas abutting the East-West alley between 24th Street and 25th Street from its
intersection with a line 9 feet East of the West Property Line of Elgin Avenue to
its intersection with a line 9 feet West of the East Property Line of Flint Avenu9 ~
known and designated as Sub-Unit 14 of Unit A-400.
All of Block 3, University Place Addition to the City of Lubbock, Lubbock County,
Texas, abutting the East-West alley between 21st Street and 22nd Street from its
intersection with a line 12 feet East of the West Property Line of Elgin Avenue
to its intersection with a line 14 feet West of the East Property Line of Flint
Avenue, known and designated as Sub-Unit 15 of Unit A-400.
All of Block 12, Rushland Park Addition to the City of Lubbock, Lubbock County,
Texas and an un-subdivided tract of land lying West of Lot 5, Block 12, Rushland
Park Addition to the City of Lubbock, Lubbock County, Texas, and East of Utica
Avenue, abutting the East-West alley between 15th Street and 16th Street from its
intersection with the West Property Line of Toledo Avenue to its intersection
with the East Property Line of Utica Avenue, known and designated as Sub-Unit 16
of Unit A-400.
All of Block 27, Myrtle Slaton Addition to the City of Lubbock, Lubbock County,
Texas, abutting the East-West alley between 45th Street and 46th Street from its
intersection with the West Property Line of Gary Avenue to its intersection with
the East Property Line of Hartford Avenue, known and designated as Sub-Unit 17 of
Unit A-400.
Lots 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, Block 5, Massey Heights
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intersection with a line 14 fe.et West of the East Property Line of Boston Avenue,
known and designated as Sub-Unit 19 of Unit A-400.
Lots 106, 107, 108, 109, 110, 111 and 112, Gordon Heights Addition to the City of
Lubbock, Lubbock County, Texas and an un-subdivided tract lying West of Lot 112
Gordon Heights and East of Salem Avenue, abutting the East-West alley between
49th Street and 50th Street from its intersection with the West Property Line of
Quaker Avenue to its intersection with the East Property Line of Salem Avenue,
known and designated as Sub-Unit 20 of Unit A-400.
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Block 1, Lincoln Heights Addition
to the City of Lubbock, Lubbock County, Texas, abutting the East-West alley
between 34th Street and 35th Street from its intersectiqn with the West Property
Line of Memphis Avenue to its intersection with the East Property Line of
Nashville Avenue, known and designated as Sub-Unit 21 of Unit A-400.
The description of property abutting the abovementioned alleys as
described within this ordinance covers all property to be assessed and resolves
and takes precedence to more general descriptions found in preceding resolutions.
WHEREAS, t he City Engineer prepared rolls or statements for the improve-
ments in each 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 Council 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 com-
pliance with law including notices mailed to each known property owner to be
assessed, addressed to his last known address as shown on the City of Lubbock Tax
Rolls, and such hearing was had and held at the time and place fixed therefor,
to-wit: on the 10th day of June, 1970, at 10:00 o'clock a.m, in the Council 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 A-400
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Sub-Unit 4 of Unit A-400
B. M. Wells appeared opposing the proposed paving improvements.
C. E. Hamm, representing Mickey Mantle1 s Country Cooking, Inc., and Henry A.
Crabtree indicated by mail that they opposed the proposed paving improvements.
Sub-Unit 8 of Unit A-40C
Tom Clinton, attorney, appeared in behalf of H. H. Hughston opposing the proposed
paving improvements.
Sub-Unit 9 of Unit A-40C
A. L. Pace and Garnet Hillburn appeared opposing the proposed paving improvements,
Sub-Unit 10 of Unit A-400
J. W. Reid appeared opposing the proposed paving improvements.
Sub-Unit 11 of Unit A-400
James B. Graves and A. L. Barnette, Jr., on behalf of himself, Earl R. Dill,
Charles I. Powell and G. R. Felton, appeared opposing the proposed paving
improvements.
Sub-Unit 12 of Unit A-400
Thomas E. Locke and Mrs. Daniel J. Prcin appeared opposing the proposed paving
improvements.
Sub-Unit 15 of Unit A-400
Mrs. Allie M. Dyer indicated by telephone that she was opposed to the proposed
paving improvements.
Suh-Unit 16 of Unit A-400
Lester Grimes appeared on behalf of Rush Pools, Inc,, opposing the proposed
paving improvements.
Sub-Unit 17 of Unit A-400
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Sub-Unit 19 of Unit A-400
A. M. Shobe indicated by telephone that he was opposed to the proposed paving
improvements.
Sub-Unit 20 of Unit A-400
Durwood Bolton and Lonnie Hollingsworth, representing SPA Building Corp.1
appeared opposing the proposed paving improvements.
And all objections and protests made were fully considered and the City
Council 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
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 COUNCIL OF THE CIT'I OF LUBBOCK:
I.
That all protests and objections, whether herein specifically mentioned
or not, shall be and the same are hereby over-ruled and the said hearing, with
respect to each and all Sub-Units and Units is hereby closed EXCEPT that it was
found that alley paving Sub-Units 2, 3, 4, 8, 10, 11, 16, 18, 19 and 20 of Unit
A-400 were erroneously included in the public notice and in the contemplated
ordinance and in other proceedings: Therefore NO ASSESSMENT shall be made against
the property included in said Sub-Units and the City Engineer is hereby directed
to delete and/or omit the engineer's assessment roll for said Sub-Units consistent
with this finding.
II,
The City Council, from the evidence finds that the assessments herein
levied shall be made and levied against the respective parcels of property
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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. (If a particular parcel of property in any Sub-Unit is not to be
assessed then the words "NO ASSESSMENT" appears opposite the description herein-
below mentioned, and no assessment is hereby levied against property so shown).
Descriptions of property and the several amounts assessed against same, and the
Owners thereof, being as follows: (Rolls inserted in Original Copy of Ordinance
and in separate Ordinance Book).
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 improve-
ments 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 against said parcels of
property, and against the real and true owners thereof, and interest thereon at .
the rate of seven (7%) 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 payable on or before twenty (20)
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 tw.o years from said date of completion and
acceptance; and such assessments shall bear interest from the date of such
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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 T. J.
Hodges, Inc,, 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 non-payment
of ad valorem taxes, or at the option of T. J. Hodges, Inc., or his assigns,1 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 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 payabl
to T. J. Hodges, Inc., 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
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_.!:ion 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 shal
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.
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shall be made in the payment of any installment of principal or interest due, ~ The said certificates shall further provide substantially that if defaull ~
when, then, at the option of T, J, Hodges, Inc., or his assigns, the whole of the ~
said assessment evidenced thereby shall at once become due and payable, and shall ~
be collectible with reasonable attorney1 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
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And the said certificates may have coupons attached thereto in evidence
of each or any of the several install ments 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 improvements 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 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 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 assess-
ment 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.
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X,
All assessments levied are a personal liability and charge against th€
real and true owners of the premises described notwithstanding such owners may
not be named, or any be incorrectly named.
Passed and approved by unanimous vote of the City Council this the
10th day of June, 1970.
Passed and approved by unanimous vote of the City Council this the
11th day of June, 1970. 1
Passed and approved by unanimous vote City Council this the
----=2~5~t~h~day of June , 1970.
, Mayor
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C. "
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTSFOR PART OF THE COST OF
IMPROVING A PORTION OF THE NORTH-SOUTH AND EAST-WEST ALLEYS LOCATED IN THE CITY OF
'-0 LUBBOCK.
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 , 5902
Passed by the City Council ___ J_u_n_e_,.;2_5-..~1~9~7~0 __________________ _
and of record in Minute Book 29 , Page 21J
THIS 7th DAY OF J ul , 19_._7.._0 __