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HomeMy WebLinkAboutOrdinance - 6207-1971 - Levying Assessment For Part Of Cost Of Improving Streets - 11/18/1971.. INDEXED - -m ..1PARED . ' Nc\J l.f I 11 PH '71 G.w.o. 10,733-A 7_ ORDINANCE NO. 6207 AN ORDlll'ANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVWG A PORTION OF THE FOLLCMING STREETS: 62nd STREET, 63rd STREET, 64th STREET, TOLEDO AVENUE, YORK AVENUE, AVENUE D, THE SOUTH 1/2 OF 24th STREET 2nd PLACE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESS MENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTION OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES 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 Home Rule Municipality, has heretofore ordered that the herein below mentioned portions of streets, avenues and/or highways be improved by the raising, grading and filling andpaving and by in- stalling concrete curbs and gutters and drains where necessary on sub-unit Numbers 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 of Unit Number 2220, the paving of streets to be of quadruple asphalt surface treatment (inverted penetration type) on a six(6) inch compacted caliche base or more, together wit the necessary incidentals and appurtenances, all as provided in the specificati ns prepared by the City Engineer, now on file with said city; and arrangements for the making and construction of such improvements have been made and contract wa entered into with Zahn Pavers, Inc., said portions being as follows, to-wit: 62nd Street from its intersection with a line 13.00 feet West of the West Prope ty Line of Toledo Avenue to its intersection with the West Lot Line of Lot 110, Crestview Addition known and designated as Sub-Unit Number 12 of Unit Number 2220. 62nd Street from its intersection with a line 16.00 feet West of the West Prope ty Line of Utica Avenue to its intersection with a line 13.00 feet West of the Wes Property Line of Toledo Avenue known and designated as Sub-Unit 13 of Unit Numb r 2220. 63rd Street from its intersection with a line 13.00 feet West of the West Prope ty Line of Toledo Avenue to its intersection with the West Lot line of Lot 29, Qua 1 .- Ridge Addition known and designated as Sub-Unit Number 14, of Unit Number 2220. 63rd Street from its intersection with a line 16.00 feet West of the West ty Line of Utica Avenue to its intersection with a line 13.00 feet West of the Wes Property Line of Toledo Avenue known and designated as Sub-Unit Number 15 of Unit Number 2220. 64th Street from its intersection with a line 13.00 feet West of the West Prop ty Line of Toledo Avenue to its intersection with the West Lot Line of Lot 63, Quail Ridge Addition known and designated as Sub-Unit Number 16 of Unit Number 2220. VOL1286 P~GE 753 ,.. J 64th Street from its intersection with a line 16.00 feet West of the West Prope~ty Line of Utica Avenue to its intersection with a line 13.00 feet West of the West Property Line of Toledo Avenue known and designated as Sub-Unit Number 17 of Unit Number 2220. Toledo Avenue from its intersection with a line 18.00 feet South of the South Property Line of 61st Street to its intersection with a line 18.00 feet North of the North Property Line of 62nd Street known and designated as Sub-Unit Number 18 of Unit Number 2220. I Toledo Avenue from its intersection with a line 18.00 feet South of the South Property Line of 62nd Street to Lts intersection with a line 18.00 feet North of the North Property Line of 63rd Street known and designated as Sub-Unit Number 19 of Unit Number 2220. Toledo Avenue from its intersection with a line 18.00 feet South of the South Property Line of 63rd Street to its intersection with a line 18.00 feet North o~ the North Property Line of 64th Street known and designated as Sub-Unit Number 20 of Unit Number 2220. York Avenue from its intersection with a line 15.00 feet South of the South Property Line of 57th Street to its intersection with a line 17.00 feet North of the North Property Line of 58th Street known and designated as Sub-Unit Number 21 of Unit Number 2220. Avenue D from its intersection with;,a line 12.00 feet South of the North Property Line of 50th Street to its intersection with a line 3.00 feet South of the Soutn Property Line of 48th Street known and designated as Sub-Unit Number 22 of Unit Number 2220. The South 1/2 of 24th Street from its intersection with a line 8.00 feet East of the East Property Line of Albany Avenue to its intersection with a line 540.80 feet East of th~ East Property Line of Albany Avenue known and designated as Sub-Unit Number 23 of Unit Number 2220. 2nd Place from its intersection with a line 5.00 feet East of the East PropertJ Line of Indiana Avenue to its intersection with a line 13.00 feet East of the East Property Line of Hartford Avenue known and designated as Sub-Unit Number 24 of Unit Number 2220. WHEREAS, the 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 tc 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 and addressed to his last known address as shown on the current City cf Lubbock tax rolls, and such hearing was had and held at the time and place fixEd therefore, to-wit: on the 28th day of October 1971, at 2:00 o'clock P.M. in tt e Council Room in the City of Lubbock, Texas, and at such hearing all desiring tc ' l 0 . ) , J ~ > l 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 m~nner provided and required by the charter and law in force in .this City and by the proceedings of the City with reference to sucl ' matters, and the following protests were made concerning the improvements in the units indicated namely: Sub-Unit 14 of Unit 22202 63rd Street Mrs. Katy McMillan indicated by mail that she was opposed to the proposed paving improvements. Sub-Unit 22 of Unit 2220, Avenue D Albert Perez appeared opposing the proposed paving improvements. Wesley M. Drake appeared opposing the proposed paving improvements. Martin Holmes appeared opposing the proposed paving improvements. Sub-Unit 24 of Unit 2220, 2nd Place M. F. Robinson and N. W. Griffith indicated by mail that they were opposed to 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 shoul~ 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 respect to each and all Sub-Units and Units, is hereby closed, except that it was found that paving Sub-Unit 22 of Unit 2220 was erroneously included in the public notice and in the contemplated ordinance and in bther proceedings; therefore NO ASSESSMENT shall he made against the property included in said Sub-Unit and the City Engineer:is hereby directed to delete and/or omit the engineer's assessment roll for said Sub-Unit 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 abutting upon the said portions of streets, highways, avenues and against the owners of such property, and that such assessments are right and proper and 0 ~1 : I \, established substantial justice and equality and uniformity between the res- pective owners and respective properties, and between all parties concerned, considering benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specifically benefitted in the enh ced value thereof, by means of the improvement in the Sub-Unit upon which the part - cular property abuts, and for which assessment is levied, in a sum in excess o the assessment levied, against same by this ordinance, and further finds that ' the apportionment of the cost of the improvements is in accordance with the pr - ceedings heretofore taken and had with reference to such improvements and is i all respects valid and regular. 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 parcel of property; the description of such property and several amounts assessed a- gainst same, and the Owners thereof, being as folh,ws: (Rolls inserted in Original Copy of Ordinance and in separate Ordinance Book. Note a special des cription shall be made on the Roll of Sub-Unit along the boundary of the City). VOL1286 PAGE '55 :.:· 0 0 'I . VOL128fl PAGE 775 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 im- provements in one Unit are in no wise related to or connected with the improve ments 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 affec ed by any fact in anywise connected with the improvements, or the assessments thee- fore, 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 a the rate of six (6%) per cent per annum for streets, 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 s all 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 claim, except State, County, and Municipal taxes and the sums so assessed shall be payable as follows, to-wit: In five equal installments, the first payabQe on or before twenty (20) days after the completion and acceptance by the City of the improvements in th Sub-Unit upon which the particular property abuts; the second installment due on or before one year from said date of completion and acceptance; the third installment due on or before two years from said date of completion and accept ance; the fourth installment due on or before three years from said date of completion dand acceptance; and the fifth installment due on or before four ) years from said date of completion and acceptance; and such assessments shall bear interest from the date of completion and acceptance at the rate of 6% for streets, payable annually with each installment, so that upon completion and acceptance of the improvements in a particular Sub-Unit, assessments against tte 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 have the right to pay off the entire assessment, or any installment thereof, before maturity, by pay• ment 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, t hen the entire amount of the assessment, upon which such default is made shall, at the option of the 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. 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 thereof; f er r- 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 anc ~ collection of said liens and assessments, and if defualt shall be made in the · . payment of any assessments collection thereof shall be enforced either by sale ::2 of the property by the Tax Collector and Assessor of the City of Lubbock as nec r iz;:: 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, -.J payment of said sums shall be enforced by suit in any court having jurisdictior . CJ'1 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 Suh-Unit is completed and accepted, which certificates shall be executed by the Mayor in the name of the City, i; attested by the City Secretary with the corporate seal, and shall be payable t c ~ 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 acce1t-c,, ance of the improvements for which the certificate is issued, and shall contair 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 descrip tion 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 t l e name of any owners, shall in anywise invalidate or impair theassessment 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, 'VDL1286 PAGE 776 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 collection, if incurred. An said certificates shall set forth and evidence the personal lia- bility 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 Assesso~ .of the City of Lubbock, as above recited, or by suit in any court having juris- •.> l ; ·, • The said certificates shall further·'<tec,~te in effect that all proceedings with reference to making said improvements h~ve been regularly had in complianc~ with the law in force and proceedings of the Cit/of Lubb9ck, and that all pre- requisites 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 thereo~ 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 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 there~£, and said certificates may contain other and further recitals pertinent and ap- propriate 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 in the cost of the improvements in each lnit', 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 the1 :..,~ ' validity of assessments for the improvements in qµy other unit. The omission',cf ~- improvements in any particular unit in front of any property exempt from the lian of such assessments shall in nowise affect or impair the validity of assessments against other property in that ~nit. 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 matters or thing, shall in any wise invalidate or impair any assess- ment levied hereby or any certificate issued, and any such mistake, error, in,a--- .- ; . lidity, or irregularity, whether in such assessment or in the certificate issu in evidence thereof, may be corrected at any time 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 named, or any be incorrectly named. Passed and approved by unanimous vote of the City Council this the 28th day of October, 1971. Passed and approved by unanimous vote of Council this the 10th day of November , 1971. Passed and approved by unanimous il this the 11th day of November or ATTES~ ~ 7 , '.,/)/,;@; 0 Jr., Citi COlU?ORATJC - CORPORATE SEAL VOL 1286 PAGE 777 AN ORDINA~E CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREETS: 62ND STREET, 63RD STREET, 64Til STREET2 TOLEDO 0 AVENUE, YORK AVENUE, AVENUE DE, THE SOUTH • OF 24ffl STREET, 2ND PLACE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN TIIE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK: 0 ATTACHED HERETO AND Mi\DE A PART HEREOF AND PORTIONS OF O'mER SUNDRY STREET 1 HIGHWAYS 1 AVENUES IN TIIE CITY OF LUBBOCK, TEXAS AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDIN FOR '111E COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELE'rED 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 NO. 6207 Passed by the City Council __ N_o_ve_mb_e_r_l_l.;..,_1_9_7_1 ________________ _ and of record in __ ~_, ___ M_l_n_u_t_e_B_o_o_k_JO_P_a..::g ... e_4_7o _______________ _ THIS ___ 13_t_h _______ DAY OF ___ N_o_ve_mh_e_r ____________ , 19_71 __ 'CORPORATE SEAL Lavenia Lowe, City Secretary-Treasurer Clty of Lubbock, Texas