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HomeMy WebLinkAboutOrdinance - 6581-1973 - Cost Of Improving Portion Of E-W & N-S Alleys, G.W.O. 10,815 & 10,790-A - 03/08/1973D ~&~ ·~~ r·-6447 IECOR.DElil INbEXED tOMPAREII G.w,o. 10,a15 & G.w.o. 10.790-A ORDINANCE NO. _6=-=5~8;..:.1 __ 1J;;x. \· (\ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS POR PART OF THE COST OF IMPROVING A PORTION OF THE EAST-WEST AND NORTH-SOUTH AU.EYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST-WEST ALLEY ABUTTING LOTS 4 THRU 19, BLOCK 16, WEST GATE DRIVE ADDITION AND LOTS 1 THRU 4, BLOCK 18, RUSHIAND PARK ADDITION: THE EAST-WEST ALLEY IN BLOCK 8, ELLWOOD PLACE ADDITION: THE EAST-WEST ALLEY ABUTTING LOTS 1 THRU 10, BLOCK 2, MAXEY PLACE ADDITION, LOTS 1 THRU 13, BLOCK 30 AND LOTS 1 THRU 6, BLOCK 16-C, ELLWOOD PLACE ADDITION: THE EAST-WEST ALLEY IN BLOCK 4, TECH TERRACE ADDITION: THE EAST-WEST ALLEY IN BLOCK 2, LAUGHTER PLACE ADDITION: THE EAST-WEST ALLEY ABUTTING LOTS 283 THRU 292 AND 319 THRU 328, CAPROCK ADDITION, AND INCLUDING A PORTION OF THE FOLLOW- ING STREETS: UNIVERSITY AVENUE, BRCMNFIELD DRIVE, ELKHART AVENUE, 43RD STREET, 50TH ·STREEl, UTICA AVENUE, 58TH STREET, TOLEDO AVENUE, 78TH STREET, 46TH STREET, WEST 1/2 OF GLOBJi: AVENUE, AVENUE R, HARTFORD AVENIJE ;WACO AVENUE, WABAS STREET, EAST 47TH STREET, 6TH STREET AND UTE AVENUE l SUCH PORTIONS BE[ NG MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHE HERETO AND MADE A PART HEREOF AND PORTJiONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES ANDiOR ALLEYS IN THE CI1Y OF LUBBOCK, TEXAS AND/OR ALONG THE BOUNDARIES OF SAID CilY 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 Home Rule Municipality, has heretofore ordered that the herein below mentioned portions of alleys, streets, avenues and/or highways be improved by the raising, grading and filling and paving and by installing concrete curbs and gutters and drains where necessary on sub-uni Numbers 1, 2, 3, 5 and 6 of Unit Number A-438,the.~paving of these alleys to 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 and on Sub-Unit 4S of Unit Number A-438,thecpaving of this alley to be soil-cement stabilized paving eleven (11') feet wide 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 that the here- in below mentioned portions of stre~ts and/or avenues be improved by the raising, grading and filling and paving and by installing concrete curbs and gutters and drains where necessary on sub-unit Numb~rs 1 of Unit Number 2227, t:hi> navin1r of this strP.et to he t:.horou1rhfare Asnhaltic Concrete oavement (esti tj · vot1338 PAGE Said portions of alleys and/or highways being as follows to-wit: Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, Block 16, West Gate Drive Addition and Lots 1, 2, 3 and 4, Block 18, Rushland Park Addition to tre City of Lubbock, Lubbock County, Texas abutting the East- West alley between 11th Street and 13th Street and from its intersection with the East Property Line of Salem Avenue to its intersection with the West Property Line of Raleigh Avenue, known and designated as Sub-Unit Number 1 of Unit Number A-468. Block 8, Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas abutting the East-West alley between 19th Street and 20th Street and from its intersection with the East Lip Line of Canton Avenue to its inter- section with the West Lip Line of Boston Avenue, known and designated as Sub-Unit Number 2 of Unit Number A-438. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, Block 2, Maxey Place Addition, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Block 30 and Lots 1, 2, 3, 4, 5, and 6, Block 16-c, Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas abutting the East-West alley between 22nd Street and 23rd Street and from its intersection with the East Lip Line of Elgin Avenue to its intersection with the West Lip Line of Canton Avenue, known and desig- nated as Sub-Unit Number 3 of Unit Number A-438, Block 4, Tech Terrace Addition to the City of Lubbock, Lubbock County, Texas abutting the East-West alley between 25th Street and 26th Street and from its intersection with the East Lip Line of Flint Avenue to its intersection with the West Lip Line of Elgin Avenue, known and designated as Sub-Unit Number 4S of Unit Number A-438. Block 2, Laughter Place Addition to the City of Lubbock, Lubbock County, Texas abutting the East-West Alley between 39th Street and 40th Street and from its intersection of the East Property Line of Hartford Avenue to its intersection with the West Property Line of Gary Avenue, known and desig- nated as Suh-Unit Number 5 of Unit Number A-438. Lots 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 319, 320, 321, 322, 323, 324, 325, 326, 327 and 328, Caprock Addition to the City of Lubbock, Lubbock County, Texas abutting the East-West alley between 56th Street and 57th Street and from its intersection with the East Property Line of Canton Avenue to its intersection with the West Property Line of Boston Avenue known 1 ' <.. ' ... ' Brownfield Drive from its intersection with a line 10.00 feet East of the West Property Line of Englewood Avenue to its intersection with a line 18.00 feet West of the West Property Line of Dover Avenue (North Leg), known and desig- nated as Sub-Unit Number 53 of Unit Number 2226. Elkhart Avenue from its intersection with the South Lip Line of Brownfield Drive to its intersection with a line 18.0 feet North of the North Property, line of 45th Street known and designated as Sub-Unit Number 54 of Unit Number 2226, 43rd Street from its intersection with the East Lip Line of Brownfield Drive to its intersection with the West Lip Line of Dover Avenue known and desig- nated as Sub-Unit Number 55 of Unit Number 2226. 50th Street from its intersection with the East Lip Line of Loop 289 (West) to its intersection with a line 16.0 feet West of the West Property Line of Elkhart Avenue known and designated as Sub-Unit Number 56 of Unit Number 2226, Utica Avenue from its intersection with a line 17.0 feet South of the South Property Line of 58th Street to its intersection with a line 18.0 feet North of-1:he North Property Line of 59th Street known ·anq,•de.signated< as S-ub.:.:Unlti:- Number 58 ·o·f " Unit ~uinlier 2226. 58th Street from its intersection with a line 16.0 feet East of the East Property Line of Utica Avenue to its intersection with a line 54.00 feet East of the West Property Line of Toledo Avenue known nand designated as Sub-Unit Number 59 of Unit Number 2226. Toledo Avenue from its intersection with a line JZ.O feet South of the South Property Line of 58th Street to its intersection with a line 18.0 feet North of the North Property Line of 50th Street known and designated as Sub-Unit Number 60 of Unit Number 2226. 78th Street from its intersection with a line 50.0 feet East of the West Property Line of University Avenue to its intersection with a line 142.00 feet West of the West Property Line of Canton Avenue known and designated as Sub-Unit Number 61 of Unit Number 2226. 46th Street from its intersection with a line 13,0 .feet West of the West Property Line of Avenue D to its intersection with a line 18.0 feet East of H1... ..... l'_T.,......... n-~-....... -+-... 1'-= _....., "+ A 'tTt=i.n11.a A 1,T"'lr'l'l".n""II !lnrl n p ,Q "'an::::1 t-,::iirl ~~ ~nh-11ni t' NnmhP. r 62 }__) VOL1338 PAGE 56 Waco Avenue from its intersection with a line 1.0 foot South of the South Property Line of Auburn Street to its intersection with a line on the North Property· Line of the Atcheson, Topeka and Santa Fe Railroad South of ~uburn Street known and designated as Sub-Unit Number 65 of Unit Number 2226: Hartford Avenue from its intersection with the South Lip Line of 2nd Street to its intersection with a line 13,0 feet North of the North Property Line of 2nd Place known and designated as Sub-Unit Number 66 of Unit Number 2226. Wabash Street from its intersection with a line 18.00 feet West of the West Property Line of Cypress Road (North Leg) to its intersection with a line 20.0 feet East of the West Property Line of Mesa Road known and designated as Sub-Unit Number 67 of Unit Number 2226. 6th Street from its intersection with a line 6.0 feet West of the West Property Line of Toledo Avenue to its intersection with a line 3,0 feet East of the East Property Line of Vicksburg Avenue known and designated as Sub- Unit Number 68 of Unit Number 2226. East 47th Street from its intersection with a line 12.0 feet East of the East Property Line of Quirt Avenue (South Leg) to its intersection with a line 13.0 feet East of the East Property Line of Ute Avenue (South Leg) known and designated as Sub-Unit Number 69 of Unit Number 2226. Ute Avenue from its intersection with a line 13.0 feet South of the South Property Line of East 47th Street to its intersection with a line 12.0 feet North of the North Property Line of 50th Street known and designated as Sub-Unit Number 70 of Unit Number 2226. WHEREAS, the City Engineer prepared rolls or statements for the improve- ments in each unit, showing the amounts to be assessed against the various par- cels 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 compliance with law including notices mailed to each known property owner to be assessed addressed to his last known address as shown on the current Ci~y of Lubbock tax rolls, and such hearing was had and held at the time and place fixed therefore, to-wit: on the 22nd day ofF~bruacy;'\973:, '~r 2:00 o'clQc,lt ,.P.~. in the Council Room in the City of Lubbock, Texas, and at such hearing all J u. U, Clark indicated opposition by mail and by telephone to the proposed paving improvements. Virgie Bryant indicated by mail that she was opposed to the proposed paving improvements. Sub-Unit 4S of Unit A-438 Corrie B. Stotts indicated by telephone that she was opposed to the proposed paving improvements. John Gilbert indicated by telephone that he was opposed to the proposed paving improvements. Sub-Unit 6 of Unit A-438 Hugh A. Pennington indicated by telephone that he was opposed to the pro- posed paving improvements, Davids. Shue indicated by telephone that he was opposed to the proposed paving improvements. Harry Foster Round appeared opposing the proposed paving improvements. Sub-Unit 61 of Unit 2226 Cecil B. Long indicated by mail that he was opposed to the :proposed paving improvements. Sub-Unit 62 of Unit 2226 Mrs. John H. Hawkins appeared opposing the proposed paving i~provements, T. C. Scott appeared opposing the proposed paving improvements. Mrs. D. B, Weeks appeared opposing the proposed paving improvements. H. s. Reece indicated by telephone that he was opposed to the proposed paving improvements. He also appeared in opposition, Sub-Unit 63 of Unit 2226 W. M. Monzingo indicated by telephone that he was opposed to the proposed paving improvements. l"'I 't °¥'t .. I ,~ f""' ..... • •• ,,~.,, i I ' r i ,__) ·voLl~J~ P~~E 004 \ Julie H. Ray indicated by telephone and by personal appearance that she was opposed to the proposed paving improvements. Viola Day indicated by phone that she was opposed to the proposed paving improvements, Sub-Unit 68 of Unit 2226 Juanita D. York indicated by mail that she was opposed to the proposed paving improvements. Sub-Unit 69 of Unit 2226 A petition opposing the proposed paving improvements was presented to the Council and was signed by Odessa Lamb, Zack L. Stevens, C. A. Barnes, D. E. Buchanan, George Mars, J.B. Roper, Emil S. Blair, J. L. Mcilroy, Ronald A, Mars, John A. Drenon, Murl Duckett, Weaver E, Lovelace, Bertha B. Adams, and J. R. Black. Murl Duckett also expressed opposition to the proposed paving improvements by telephone. Sub-Unit 70 of Unit 2226 I P. J. James indicated by mail that he was opposed to the proposed paving improvements, William A, Mitchell indicated by telephone that he was opposed to the !proposed paving improvements. r l \_;, 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 m~tters presented for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is of opinion that the following dispostion 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 CITY OF LUBBOCK! I. That all protests and objections, whether herein specifically mentioned or not shall be and the same are hereby overruled and the said hearing, with x~spect: to each and all Sub-Units and Units, is hereby closed, except that it was found that paving Sub-Units 65, 67, 69, and 70 of Unit 2226 were erroneously included in the public notice and in the contemplated ordinance and in other proceedings; therefore, NO ASSESSMENT shall be made against the 1roperty included in said Sub-Units and the City Engineer is hereby directed to delete and/or omit the engineers assessment roll for said Sub-Units con- sistent 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 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 1roper and established substantial justice and equality and uniformity between the respective owners and respective properties, and between all parties con- cerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefitted in the enhanced value thereof, by means of the improvements in the Sub-Unit upon rhich the particular property abuts, and for which a~sessment is levied, in a lsum in excess of the assessment levied, against same by tnis ordinance, and further finds that the apportionment of the cost of the improvements is in ,ccordance with the proceedings heretofore taken and had with reference to such !improvements and is in all respects valid .and regular. .. 1 IV. That the assessments so levied are for the improvements in the particular lnit upon which the property .described abuts, and the assessments for the im- ,rovements in one Unit are in no wise related to or connected w~th the improve- tents in any other Unit, and in making assessments and in holding said hearing lthe amounts so assessed for improvements in one Unit have been in nowise .ffected by any fact in anywise connected with the improvements, or the assess- tents therefore, or any other unit. · v. That the several sums abovementioned assessed against said parcels of ,roperty, and against the real and true owners thereof, and interest thereon at ·• :he rate of seven (7%) per cent per annum for ,alley and six (6%) per cent per :nnum for streets, together with reasonable attorney's fees and cost of collec- :ion, if incurred, are hereby declared to be and made a lien upon the res-1 ,ective parcels of property against which the same are assessed, and a per- .anal liability and charge against the real and true owners thereof, whether ,r not such owners be correctly named herein and such liens shall be and con- titute the first enforceable claim against the property assessed, and shall ,e a first and paramount lien, superior to all other liens and cil.'aims, except tate, County, and Municipal taxes and the sums so assessed shall be payable .s follows, to-wit: I In five equal installments, the first payable 0n or before ,twenty (20) ays after the completion and acceptance by the City of the improvements in the ub-Unit upon which the particular property abuts; the second installment due nor before one year from said date of completion and acceptance; the third .nstallment due on or before two years from said date of completion.,andaccept- ,nce; the fourth installment due on or before three years from said date of f :ompletion and acceptance; and the fifth installment due on or before four ·ears from said date of completion and acceptance; and such assessments shall ,ear interest from the date of such comp let ion and ~acceptance at the rate of '% per annum for alleys and 6% for streets, payable annually with each in- tallment, so that upon completion and acceptance of the improvements in a ,articular Sub-Unit, assessments against the property abutting upon such com- leted and accepted Sub-Unit shall be and become due and payable in such in- tallments and with interest from the date of such completion and acceptance, rovided that any owner shall have the right to pay off the entire assessment, ), votl3 j8 PAGE000 City of Lubbock, 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 ~ny assessmentsc ~ollection thereof shall be enforced either by sale of the pr,rperty 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 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 improvements as the work in such SubMUnit 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 copporate seal, and shall be pay.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 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. 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 City 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 attorney's fees and costs of collec- tion, if incurred~ And said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such prop~ erty, and shall provide in effect if default shall be made in the payment .. -~ .._, __ ----·------L---~---.-.....t -..: ... 1-.""-1-.. .... ,._1-,,,.. ,..~,,.,, n.~ -f-hn n,,_nn.a..,..+-•u• hu f-l·u::1 'T'!=l,zo t And the sai~ 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 four installments, leaving the main certificate for the fifth. 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 pertin- ent 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 affec- ted 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 improve- ments 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 an 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 mistake, error, invalidity, or irregularity, whether in such assessment or in the certi ficate issued in evidence thereof, may be corrected at any time by the City. x. . . . ···. VOt.1338 PAGE Passed and approved by unanimous vote of the City Council this the 22nd day of February, 1973. Passed and approved by unanimous vote of the City Council this the 8th day of March , 1973. Passed and approved by unanimous vote of the City Council this the 22nd day of March , 1973. CORPORATE S~ n,...,.~.~ Morris W. Turner, Mayor ATTES~ ~ -.. / I .P2/ ff 2 R LaveniLowe, citySecr;;tary " . l ' ~· _ ... -":. AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE EAST-WEST ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST-WEST ALLEY ABUTTING LOTS 4 THRU 19, BLOCK 16, WEST GATE DRIVE ADDITION AND LOTS 1 THRU 4, BLOCK 18, RUSHLAND PARK ADDITION: THE EAST-WEST ALEEY IN BLOCK 8, ELLWOOD PLACE ADDITION: THE EAST-WEST ALLEY ABUTTING LOTS I THRU 10, BLOCK 2, MAXEY PLACE ADDITION, LOTS 1 THRU 13, BLOCK 30 AND LOTS 1 THRU 6, BLOCK 16-C, ELLWOOD PLACE ADDITION: THE EAST-WEST ALLEY IN BLOCK 4, TECH TERRACE ADDITION: THE EAST-WEST ALLEY IN BLOCK 2, LAUGHTER PLACE ADDITION; THE EAST-WEST ALLEY ABUTTING LOTS 283 THRU 292 AND 319 THRU 328, CAPROCK ADDITION, AND INCLUDING A PORTION OF THE FOLLOWING STREETS: UNIVERRlTY AVENUE, BROWNFIELD 9RIVE, ELKHART AVENUE, 43RD STREET, 50TH STREET, UTICA AVENUE, 58T~ STREET, TOLEDO AVENUE, 78TH STREET, 46TH STREET, WEST 1/2 OF GLOBE AVENUE, AVENUE R, "HARTFORD AVENUE, WACO AVENUE, WABASH STREET, EAST 47TH STREET, 6TH STREET AND UTE AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND/OR ALONG THE ·-·-- BOUNDARIES OF SAID CITY ANO PROVIDING FGR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS 0-RDINANCE FOR UNITS DELETED BY CITY COUNCIL] 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 N0._§181 Passed by the City Council ______ M_a~r~c~h ...... 2~2~•_..;.:19~7~3~-------------- and of record in Minute Book 32, Page 110 THIS 28th DAY OF March , 19~ •, .,