HomeMy WebLinkAboutOrdinance - 0968-1950 - Levying An Assessment For Part Of Improving 2Nd St. - 02_09_1950r v STATE OF TEXAS I COUNTY OF LUBBOCK I with w. B. Price ORDINANCE NO. 968 02. .. 0.9 -&9S.O 02-2.$-I.SSO o~ -os-l..9 .so Commissioner John Spikes , Commissioner Clarence K. Whiteside , Commissioner E.K. Hufstedler, Jr. , Commissioner, absent Lavenia Lowe , City Secretary Vaughn E. Wilson , City Attorney being present and passed the foll0t1ing ordinance: ORDINANCE NO. 968 ORDINANCE CLOSING llliARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF NORTH 2ND STREET, EDNA STREET, 5TH STREET, 2ND STREET, 1ST STREET, AVENUE D, AVENUE O, AVENUE V, WOLF-FARTH STREET, 22ND STREET, NORTH 3RD STREET, A VlN UE R, 21ST STREET, MAPLE STREET, AVENUE E, WALNUT STREET, SHERMAN AVENUE, AND 3RD STREET SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESs-' MENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND M~DE A PART HEREOF AND PORTIONS OF SUNDRY OTHER STREErS, AVENUE AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESS-MENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS.· Commissioner SPikes moved that the ordinance be ' placed on its first reading; seconded by Commissioner Price and carried by the following vote: ' AYE: • NO: None •
\ .......... r: . 1----0JJJ.ll s .2. !r-ft I ·Q . ORDINANCE NO. 968 . .AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PIRT OF THE COST OF IMPROVING A PORTION OF NORTH 2ND STREET, EDNA STREET, STH S'I'REE;T, 2ND STREET, 1ST STREET, AVENUE D, AVENUE O, AVENUE V, WOLFFARTH STREET, 22ND STREET, NORTH 3RD STREET, AVENUE R, 21ST STREET, MAPLE STREET, AVENUE E, W.ALNU! STREET, SHERMAN AVENUE AND 3RD STREET, SUCH PORTIONS BEING MORE PARTICUL.ARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CI!Y QF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION IJ' SUCH JSSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREX>F, ALLOCATING FUNDS. ,· WHEREAS, the Ct~ ot LUbbock bas heretofore erdered that the hereinbelow mentioned portions o£ streets, avenues and/or allets be improved by raising, grading and tilling and paving, and b7 installing concrete curbs and gutters and drains where necessary on Units Nos. 766-A, 767-A, 924, 925, 926, 9Z1, 9281 929, 942, 945, 948, 949, 950, 951, 953, 959, 960, 961, 967, 970, 971-A, 983, 9S6, 989, 993, 994, 995, 999, 982, the paving to be of quadruple course asphalt surface treatment {Inverted Penetration 'l)pe) on a six (6) inoh compacted caliche base, together wi tb necessary incidentals and appurtenances, all as provided in the specifications prepared b7 the Cit7 Engineer, now on f'U e with liaid Cit.YJ and arrangement tor the making and constrtietion of' such improvements and contract was entered with Warren and Purtell, Incorporated, said streets, avenues and alleys being 8s follow, to-wit: Borth 2n4 Street tram its intersection with the East Property Line of' Adams .Awnue to its intersection with the East Propert7 Line of Madison Avenue, known and designated as Unit No. 766-A. Edna Street tram its intersection with the East Property Line of' Washington Avenue " to its intersection wi tb. the East Propert7 •Line of Madison Avenue, known and designated as Unit No. 767-A. . 5th Street from its intersection with the Vest ProperiiJr Line of' Avenue K to its intersectio~· with the East Properv Line of Avenue L, known and designated as Unit No. 924. 5th Street fran its intersection with the West Propert7 Line of Avenue L to its intersection vith the East Property Line o£ Avenue M, known and designated as Unit No. 925. 5th Street from its intersection with the Vest Property Line ot Avenue M to its intersection with the East Propert.r Line of' Avenue N, known and designated as Unit No. 926.
2. Avenue D rra~ ita intersection with the South Property Line of 4th Street to its intersection with the South Propert~ Line of 8th Street, designated as Unit No. 929. Borth 2nd Street tram its intersection with the East Property Line of Madison Avenue to its intersection with the Eaat Prope!!ty Line or Van Buren .Avenue, mown and designated as t1ni t No. 945. Avenue V from. its intersection with the _South Property Line of 4th Street to its intersection with the North PropertJ' Line of 5th Street, know and designated as Unit No. 948. Avenue V fraa its intersection w1 th the South Propert~ Line of 5th Street to 1 ts intersection with the North Property Line of 6th Street, known and designated as Unit No. 949. -Avenue V from its intersection with the South Propert~ Line ot 6th Street to its intersection with the North Property Line ot 7th Street, known and designated as Unit No. 950. Wolttarth Street .from 1 ts intersection vi tb the Vest Property Line of Avenue F to :tts interaection with the East Property Line ot Avenue G, known and desipated 88 Unit Ro. 951. 22Dd. Street frCIIl its intersection with the East Property Line of Avenue 0 to ita interseotion with the Vest Propert~ Line ot Alley between Avenue N and Avenue o, know and deaignated as Unit No. 953. Borth 3rd Street tran its intersection with the East Property Line ot Van Buren Avenue to its intersection with the West Propel"t7 Line of '.l'yler Avenue, known and designated as U.Oit Bo. 959. J.venue R f'ran its intD.seotion with the Borth Propert7 Line ot 3rd Street to ita intersection with the North Property Line or 4th Street, designated as Unit llo. 960. 21st Street fran its intersection with the West Property Line of Avenue P to its interseation v1 th the East Property Line of Avenue Q, known and designated as Unit No. 961. Maple Street f'rom its intersection with the East Property Line ot Jackson .lnnue to its intersection vith the East Property Line or Van Buren Avenue, known and designated as Unit No. 9(:11. North 3rd Street tram ita intersection with the West Property Line ot Madison •--·----L-.1~-.a-.L-----.1.-A --• ..I.A.'-. .1.1.-•--.a. ~---.. ...._ 1' .;_.."' .-.# v ..... 'D•"'~ l .... -.-.u ..
-._.. I II r Walnut Street traa its intersection with the West Property Line of Adama Avenue to its intersection with the East Property Li.De of Madison Avenue, mown and designated as Unit No. 986. .3. Maple Street f'roll ite intersection with tbe East Property Line of Adana Avenue to ita intersection with the East Propert,-Line of Madison Avenue, known and design-ated as Unit No. 989• let Street fran its intersection with the West Propert,-Line of Monroe Avenue to its intersection with the West Propert,-Line of Jackson Avenue, known and design-ated as Unit No. 99.3. Sheraan Avenue from its intersection with the North Property Line of .3rd Street to its intersectica vith the North Property Line of 4th Street, known and design-ated as tJni t No. 994 • .3rd Street from ita intersection with the West Property Line ot Sherman Avenue to its intersection with the East ProperV Line ot .Avenue T, known and designated 88 Unit Ho. 995. 1st S~eet trom its intersection vi th the West Property' Line of Madison Aven'Q.e to its intersection with the West Property Line ot Monroe Avenue, known and designated as Untt No. 999. 3rd Street from its intersection with the West Property Line of Avenue N to 1 ts intersection vi th the East Property Line ot Avenue P, knovn and designated as Urrl t No. 982. WHEREAS, the Ci'fi7 Engineer prepared rolls or statements for ·the improvements I' in eaoh Unit, showicg the aounts to be assessed against the various parcels ot (I abutting property, and the owners thereof', and showing other matters and thixlgs, i and the sse were examined by the Ci't7 8cadsaicm and apprond, pd a time and I palace vas tixed for a hearing to the owers of suob. abutting property, and to ~ others in aey vise interested, and due and proper notice vas giTen, and such he8r-1Dg was had and held at the tiae and place fixed theretor, to-wit, on the 9th dq ot FebrU81"7, A.D., 1950 at la.30 o'clock P.M., in the Oollldssion Room in the CitJ' ot Lubbock, Texas, and at such hearin& all desiring to be heard were ful.l.Y and tairlJr heard, and evidence was received am considered and all protests and objections made were considered, and said hearicg was in all respects held in the manner provided and required by the Charter and Law in force in this Cit)" and by the proceedings of the Ci't7 with reterence to auoh matters, and the tollow-iDg protests were made concerning the improvements in the units indicated nameJ.T' ., ~ ,
'-.J ~ 4. And &11 objections and protests made were full7 considered and said hearing vas con tin '!led .fran 4e;r to clay and .from time to time until this date, and the City Caamission having tully' and fairly heard all parties making aey protest sud all parties desiring to be heard, and having .tully considered all matters preaente tor consideration, and having tully considered all or the evidence, and all pertinent and proper matters is of' opinion that the fOllowing disposition Should be made r4 such protests and objections, and that assessments should be made as herein ordained. THERBFORE, BE IT OBDAINBI) BY mE CI'l'I CCJofMISSIOlf OF THE CITY OF LUBBOCK, TEUSJ I. That all protests and objections, whether herein speoitioall;r mentioned or not, shall be and the same are hereby overruled and the said hearing, with respect to each and all of' said Units, is hereby closed. II. The Ci t.1 ~ssion, :trom the evidence finds that the assessmenta herein levied shall be made and levied against the respective parcels of' property abutt-iDC upon the s&id portions ot streets and alleys, and avenues and against the omers of suoh property', and that such assessments are right and proper and estab-lished substantial justice and equalit,y and tm.U'ormit;r between the respective owners and respective properties, and between all parties concerned, considering benefits received and burdens impo·sed, and further finds that in each case the abutting property assessed is specially benefited in the enhanced value thereof by means of the improvement in the Unit upon which the particular propert,y abutte, and tor 'Which assessment is levied, in a sm in excess of the assessment levied against same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance vith the proceedings heretofore taken and had 'With reference to such improvements and is in all respects valid and • regular. IW The City Commia~Jion, f'ram. evidence considering the benefits rec:iei ved and burdens imposed, finds that the owners of railroads occUp)"ing and/or crossing portions of streets herein named shall pq and ee hereby assessed the whole costa ot improving, including foundation, extra concrete, ties, etc., between and under ralls and trac)a ot such railroad and tvo teet on outside thereof; the si.ID.S p•-able by and chergeable against railroads and the owners thereof' shall be assessed 1• against them and ahall be a superior lein on its roadbed, ties, rails, fixtures, ~l.Pta a.d '.'franchises, which tax shall constitute a lien superior to 81J.1' other lien or claim except State. County, and Municipal Taxes.
\.......-5. IV. That the assessments so levied are tor the improvement s in the particular Unit upon which the property described abuts, and the assessments tor tbd.mprove-ments in one Unit are in nowise related to or connected with the improvement. lD an,y other Unit, and ia making assessments and in holding ea14 he:arirlg the aaounte so assessed tor improvements in one Unit have been in nowise attected br arrr tact in aD.7 wise connected vith the improvements, or the assessments thereror, or 81J7 other unit. v. That the several sums above mentioned assessed against said parcels ot propert)r, and against the real and trus owners thereof', and interest thereon at the .rate ot six (6%) per cent per annum, together with reasonable attorney's lees • and costs of' collection, if' incurred, are hereby declared to be and made a lieD Upon the respective parcels ot property against which the same are assessed, and a personal liability' and charge against the real and true ovners thereof', vhether or not such owers be correctly named herein, and such liens shall be and con-stitute the first entoroe.able claim against the property assessed, alMI shall be a first and paramount lien, superior to all other liens and claims, except State, Cotmty and Mtmicipal taxes, and the sums so assessed shall be payable as tollow, I to-wit& In three equal. installments, the first payable ·on or before ten (10) days I atter the completion and acceptance by the City of the improvements in the unit j upon which the particular property abuts; the second installment due on or before one year fran said date or completion end acceptance, and the third installlnent due on or before two ,-ears f'ran said date of completion and acceptance; and such asseaments shall bear interest .ft'om the date of' such completion and acceptance at the rate ot 6% per annta, pqable annualzy with each 1nstallaent, so that upon completion and acceptance of the improvements in a particular unit assess-ments against the property abutting upon such completed and accepted unit shall be and become due and pqable in such installments and with interest from the date or such completion and acceptance, provided that aqy ovner shall have the ~b.t to pq off the entire assessment, or ei17 installment tbe;reof, before ma~urity, by pqment of principal and accrued interest, and provided further that if def'aul t shall be made in the payment of 8'IJ1' installment promptly as the same matures, then the entire amount of the assessment, upon which such default is made shall, at the option ot Warren and Purtell, Inc., or its assigns, be and beccae immediatelr due and pqable, and shall be collectible with reasonable 11 ,. attorney's tees and costs ot collection, it incurred. VI.
.._.,--·· •• w-, • ~ .. -. ' ~~~ or its assigns, pqment of said sums shall be entorded b7 suit in 8I1Y' court heviDg jurisdiction • VII. For the purpose of evidencing the several sums assessed against the said paroels ot property, and the owners thereof', and the time and terms of payment, and to aid in the enforcement thereof, assignable certiticates shall be issued by the City of Lubbock Upon the completion and acceptance ot the vork in each Unit of illlprovement as tb.e vork in such Unit is canpleted 8DI accepted, which certificates shall be executed by the Mqor in the name of the City, attested b7 the City Secreta17 with the corporate seal, and shall be pqable to Warren and Purtell, Inc., or its assigns, and shall declare the liaid amounts and the time and terms of p~ent and rate of interest and date ot completion and acceptance ot the improvements f'or which the certificate is issued, and shall contain the name of the owner as accuratelT as possible, and the description of the propert7 ~ lot and block number, or front feet thereof, or such other description as ~ otherwise identify the same, and it the said property shall be owned by an estate, then to so 1tate the description thereof as so ovned shall be sufficient, or it the nane ~ the owner be UQ.known, then to so state shall be sufficient, and no error or mistake in desari$ing 8I1Y' property, or in giving the nsme of 8I1Y' owners, shall in 8J\YI wise invalidate or impair the assessment levied hereby or the certi-ficate issued in evidence thereof. The said oertiticttes shall .further provide substantiall7 that it default shall be made in the pEG'JHDt of any installment of principal or interest due 'When, then, at the option of Warren and Purtell, Inc., or its usigns, the whale of' the said assessment evidenced thereb7 shall at once becane due IID.d pqable, and shall be collectible with reasonable attorne7•s tees and costs o.f' collection, if' 1ncurre4. And said certificates shall set forth and evidence the personal liablli tT ot the owners of' such property and the lien Upon such property, and shall provide in ef'tect if detalll. t shall be made in b pqaent thereof the same mq be enforced either b7 the sale or the property by-the Tax Collector and Assessor of' the City' ot Lubbock, as above recited, or by suit in 8D7 court having jurisdiction. The said certificates ~hall further recite in effect that all proceedings with reference to mak1Di said i.Jnprovutents have been regularly had in compliance with the law in force and proceedings of' the City of Lubbock, and that all pre-requisites to the fixing of the lien and clam of' personal liabUit7 evidenced by-such certitioates have been regularly done and pertol"'ll.8d, vhioh reci tala shall be evidenced o! the matters and facts so recited, and no .further proof thereof shall ~ required in 81JY court. And the said certificates m.v have co~ons attached thereto in evidence of'
~-~·-~ ~'":J·'I<. = :.., --......=oi-"""1~. u ~ • ·y '-~ I I" I 7. VIII. The assessments levied 'b1 this ordinance for the improvements in each Unit are altogether separate and •1at1nct from assessments in each and evrJ17 other 'IDlit. The assessments far improvements in one un1 t are in nowise affected by the improve-ments in or the assesSDifJnts levied for the improvements in arq other unit, and in making and 1~ assessments the cost of the improvements in each Unit, the benef'i ta b7 menaDt the improvements, and all other matters and things vi th refer-ence to the improvements in each Unit, have been considered, and determined al togllther without reference to arq such :aatters in arq other unit, and the omis-sion or the improvements in any 1Dl.it shall in nowise dteet or impair the val.id1't7 or •seasments for the improvements in &rJ7 other md.t. The omission ot iaprovements in arq particular unit in front of errr property exempt from the lien of such assessments shall in nowise at.tect or impair the validity of' assessments against other property in that unit. ~ IX. " .. No mistake, error, invalidity, or irregularity in the name of a:ny propel"V o~r, or the description of' ~ property, or the amount of ~ assessment, or in arq other matter or thing, shall in arq wise invalidate or impair BDY assesap ment levied hereby or aqy certificate issued, and arq such mistake, error, invalid-f; ity, or irregularity, whether in such assessment or in the certificate issued in evidence thereof', may be corrected at &Jq time by the City. x • .lll assessments levied are a personal liability' and charge against the real and true owners of the premises described, notwithstanding such owners m~ not be named, or aey be incorrectly named. PASSED AND n.I'PROVED BY. UNJI.ND10TTS VOTE OF THE CITY COMMISSION this the 9th day of February, 1950. Passed and approved bv unanimous vote of the ~i ty Commission this the-~~ day of _f~~~~~-----t 1950. Passed and approved by Ullanimous vote of the Clty Commission this the 9th day of March , 1950. ----------------------------~~ •