Loading...
HomeMy WebLinkAboutOrdinance - 0969-1950 - Levying Assessment For Part Of Cost Improving A Portion Of Ave X - 02_09_1950l\ . STATE OF TEXAS COUNTY OF LUBBOCK I I ORDINANCE NO. 969 02·0.9-J9SO OZ· 25· \9SO o9-O!f!J-\~50 On this, the 9th day of March, 1950, the Board of Commissioners of the City of Lubbock, Texas, in the above mentioned county, con-vened in Regular. Session, in the regular meeting place in said City, all members thereof, to-wit: w. H. Rodgers, John Spikes, W. B. Price, E. K. Hufstedler, Jr., Clarence K~ Whiteside, Lavenia Lowe, Vaughn E. Wilson, ~yor Commissioner • Commissioner Commissioner Commissioner City Secretary City Attorney being present, and passed the following ordinance on third and final reading: ORDINANCE NO. 969 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IlYIPROVING A PORTION OF AVENUE X, 33RD STREET, AVEI'iUE F, AVENUE J, 36TH STREET, 28TH STREET, A VENUE D, 37TH STREET, POLK A VENUE, EAST A VENUE C, EAST A VENUE D, 21ST STREET, 24TH STREET, ADAI\'"1S AVENUE, 31ST STREET, TYLER AVENUE, JEFFERSON AVENUE, 41ST STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESS-MENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART OF HERE-OF AND PORTIONS OF Su~DRY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CEH.TIFICATES IN EVI-DENCE THEREOF, ALLOCATING FUNDS. Commissioner Price moved that the ordinance be placed on its third and final reading; seconded by Commissioner Hufstedler, and carried by the follovdng vote: AYE: All """'\ I ,, I . I I II ; H-·~-<~c-o:...s .. . I/ , .j:C:•'>< • I ·. . . ' . u AN ORDINANCE CLOSP'G HEA~JTG AND LEVYIRG ~SSESSL.ENTS F01 ~/E:~ OF I'HE COST OF IMPROVING :1\..PORT.IO!'T OF A~ X, 3.3RD'STREET, .AVENU3 F, AV".:;JUE J, 36TH STREET, 28TH STREET, A. VENUE D, 37th STRE:ST, pop· AVEl'TU~, EAC'T n!J!1..ru::; C, EAST AVENUE D, 21ST STREET, 24TH' STRE1T, .ADA,l\1S AV2NUE, .31ST .ST.IGET, TYLER AVENUE, JEFFERSON AVENUE, 41ST STRE:::!T, SUCH PORTIONS BEING HO':\E P!~RT.I'CULA."BLY 1JES~7.IBED IN THE PAVING AS"ESS:t-'iENTS OF THE CITY OF LUBBOCK ATTA.JH:::D HERSTO APD lviADE A P.ART HEREOF Ar1D PORTIONS ~"'F StJND.RY OTHER STRE[TS, AVENUES AND ALLEYS IN THE C;rTY OF LUBBOCK, TBXAS, ADN PROVIDING FOR THE COLLECTION' OF SUGH ASSESSI·iENTS, Al!D FOR THE ISSUANCE OF ASiiGNABLE CERTIFICATES IN EVI!:>ENCE THE'lliOF, .ALLOGATING FUNDS. ~ffiEREAS, the City of Lubbock has heretofore ordered that the hereinbelow mentioned portions of streets, avenues and/or alleys be improved by raising, grading and filling and paving, and by installing c~ncrete curb and gutters end drains uhere necessary on Units Nos. 930, 9.31, 9.32, 931~, 935, 937, 939, 940, 941, 947, 952, 955, 956, 9157, 963, 964, 965, 966, o/1?.., o/73, 974, o/76, 984, 985, Jl 987, 988, 990, 991, 996, 998, 885, 898, 95S, and 962, the paving to be of quadrupl course asphalt surface' treatment (Inverted Penetration Pype) on a six (6) inch compacted caliche base, together with necessary incidentals and ap::urtenances, all as provided in the specifications prepared by the City Engineer, n0\·1 on file with said City: end arrangements for the making ~nd construction of such improve-ments and contract was entered into with Kerr· and Middleton, said streets, avenues and alleys being as follows, to-wit: Avenue X from its intersection \.rith the South Property Line of .30th Stroot to its intersectio'tl with the North Property Line of 31st Stree~ knO\m and designated as Unit Ho. 9.30. Avenue X fro~ its intersection with the South Property Line of 31st Street to its intersection Hith the N'orth Property Line of 32nd Street, kno\'m and designated as Unit No. 931. Avenue X from its intersection with the South Property Line of 32nd Street to its intersectio~ with the North Property Line of .3.3rd Street, designated as Unit No. 932. 33rd Street from its intersection uith the West Property Line of .Avenue :4' to its intersection with the ··rest Property Line of Avenue X, known 1:1nd designated as Unit No. 934. 1 . Avenue X from its intersection to~ith the South Property Line of 3.3rd Stre-:.t to its intersection ~rlth the North Paving Line of .34th Street, known and designated as Unit No. 935. " 2. Avenue J from its intersection with the South Property Li~e of 33rd Street to its intersection with the North Pavfng Line of 34th Street, designated and known as Unit No. 941. 28th Street from its intersection with the East Property Line of ~~lor Avenue to its intersection with the East Property Line of Fillmore Avenue, known and designated as Unit No. 947. 33rd Street from its intersection with the West Paving Line of U.S. Highw~ # 87 to its intersection with the Fort Worth and Denver Railroad right-of-w~, knot~ and designated as Unit No •. 952. . rc Avenue D from its intersection with the South Gutter Line of 13th Stre~t an~ its intersection vrlth the North Property Line of 14th Street, known and designated Unit No. 955. Avenue D from its intersection with the South Property Line of 14th Street to its intersection with the Korth Property Line of 15th Street, known and designated as Unit 1-•o. 956. Avenue D from its intersection with the South Property Line of 15th Street to its intersection with the North Property Line of 19th Street, known and designated as Unit No. 957. 28th Street from its intersection with the 'Hest Property Line of Tyler Avenue to its intersection with the West Property LiPe of Polk Avenue, desig~ated and known as Bnit No. 963. 37th Street from its intersection with the East Property Line of Avenue U to its intersection with the East Property Line of Jarrett Addition, desi~nated and knot~ as Unit No. 964. • 37th Street from its intersection with the West Property Line of Avenue U to its intersection with the West Property Line of Avenue V, known and designated as Unit Noo 965. Polk Avenue from its intersection with the South Property Line of 24th Street to its intersection with the North Property Line of 25th Street, known and design-ated as Unit No. 966. East Avenue C from its intersection with the South Property Line of Ea~t 26th Strept to its intersect~on with the South Property Line of E8st 28th Street, known and designated as Unit No. 972. " ---1 -II=· "' 0 ~ 1! " 3. 28th Street from its intersection with the West Property Line of Polk Avenue to its intersection with the East Property Line of T~lor Avenue, Hnown and designate as Unit No. 984. 36th Street from its intersection with the West Property Line of Adams Avenue to its intersectton with the West Property Line of Jefferson Avenue, known and designated as Unit No. 985 • .37th Street from its intersection vTith the East Property Line of vlashington Avenue to its intersection t>Tith the West Property Line of Adams Av6eue, know ~nd bsignated aa Unit ·.No. 9e:/. 24th Street from its intersection 'With the East Property Line of Polk Avenue to its intersection with the Hest Property Line of Taylor Avenue, lmo'l-m and designate as Unit No. 988. Aaams Avenue from its intersection vdth the South Property Line of 37th Street to its intersection with the North Property Line of 42nd Street, known and designated as Unit No. 990. Adams Avenue from its intersection with the South Property Line of 36th Street to its inters~ction with the North Property Line of .37th Street, known and designated as Unit No. 991. 31st STreet from its intersection with the West Property Line of Tyler Avenue to its intersPction vrith the West Property Line of Taylor Avenue, known and design-ated as Unit No. 996. Tyler ~venue from its intersection with the South Property Line of Ellwood Street to its intersection vdth the Center Liae of 2t~th Street, known and designated as Unit No. 998. Jefferson Avenue from its intersection with the South Paving Line of 34th Street to its intersection '-lith the North Property Line of 36th Street, !mown a.11.d designated es Unit No. 885. 41st Street from its intersection with the East Property Line of Jefferson Avenue to its intersection with the East Property Line of Monroe Avenue, designated and known as Unit Ne. 898 • . Jefferson Avenue· f.t"om its intersection Hith the South Property Line of 36th Streetl'l to its intersection vrith the North Property Line of 41st Street, kno1-m and design-ated as Unit No. 958. " -=-. --~~ ' . .--a '· v 4. hearing W<:'S had and held at the time and place fixed theref'or, to-fiit, on the 9 day of ·Febl:B@T . ·' ·" ---' A.D., 19_2Q_at la.30 o'clock P.M., in the Co~~ssion Room in.,~l:le G\l,;ty· of Lubboc~, Texas, and at such hearing all desirirg to be hear'~ ,.;ere. fully and, ~airly heard, an'"~ evidence '"as rece5.ved and considerel and all prcote'sts· and objections made were considered, and said hearing was in all respects held 5n the manner provided and required by ·the Charte and L~~ in force in this City and by the proceedin~s of the City vi~~ reference tol';such matters, and the follouing protests were made concerning l:".he Eiprovement in the units indicated namely: . " " ., ' u \. 5. ~~.nd all objections---nd ]::)rotests made were fully considered and said hearing l.J2S c ,,tinued from dey to day and fr...,r time ·to time tu1til this -date., and the City:. Commissiol"' having fully anp. fairly heard all parties making any protest and all parties desiring to be heard, ana having fully consi ~ered all matters presen.ted for consi-deration, and having fully consider~"d a"' 1 of' th.,. evidence., end all pertin.ells,, and prop~r natters is of opinion that the follm.J"ing disposition should be made of such protests and objections, and that assessments should be made as herein ordained! THZR.EFORE, BE IT ORDJI.INED BY THE CITY C0~·1MISSION OF THE CITY OF LUBBOCK, TEXAS: 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~l of said Units, is hereby closed. II. ~1e City Commission, 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 and 2lleys, and avenues and against the o~mers of' such property, and that such assessments are right and proper and established substantial justice and equality and uniformity between the respectlve ovmers 2nd respective properties, and betHeen all .,arties concerned, considering benefits received and burdens imposed, and further finds that ·n each case the abutting II property assessed is specially benefited in the e~hanced value thereof by means of the improvement in the Unit upon ~1ich the particular property abutts, and for which assessment is levied, in a sum in excess of the assessment levied against same by this ordinance, and further finds that the apnortionment of the cost of the imRrovements .is in accordance with the proceeding~ heretofore taken and had with reference to such improvements and is in all respects vali-d and regular. II-A The City Commission, from evidence considering .... he benefits received and burdens imposed, finds that the owners of railroads occuping end/or crossing portion of streets herein named shall •)ay and are hereby assessed the whole costs of' improv-ing, including foundation, extra concrete, ties, etc., betl>teen and under rails and · tracts of such railroad and tt>to feet on outside the·~eof; the sums P.a;rable by and chargeable against railroads and the owners thereof shall be assessed against them and shall be a superior lein on its raadbed, ties, rails, fixtures, rights and franchises, which tax shall constitute a lien superior to any other lein or claim except StD.te, County and Municipal Taxes. III. t " ... c 6. 'IV • That the assessments so levied are for the improvements in tre _cPS:I"ticular Unit upon "rhich the property described abutts, and the assessments !ar the improve~ ments i.n one Unit are in novrise related to or connected '"ith the improvements in any other Unit, and in making assespments and in holding said hearing the amounts so assessed for improvements in one Unit have be~n in noYise affected by any fact in any wise connected with the improvements, or the assess~ents therefor, or any other unit. v. That the several sums above menttoned assessed against said ~arcels of property, and against the real and true o~1ers thereof, and interest thereon at the rate of six (6%) per cent per annum, together ~nth reasonable attonney's fees end costs of collection, if incurred, are hereby declared to be and made a lien upon the respective parcels of property against \ruich the same are asses~ed, and a personal liability and charge against the real and true owners thereof, whether or not such owners be correctly named ~erein, and such liens shall be and con-stitute the first enforcable 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 n~able as follows, to-wit: · -In three equal installments, the first p~able on or before ten (10) d~s after the completion and acceptance by the said City of ~~e improvements in the unit upon which the particulet property abutts; the second installment due on or before one year from said date of completion end acceptance, the ~hird instaLlment due on or before two years from said date of completion and acceptance, ~n1 such assessments shall bear interest from the date of such completion and acceptance at the rate of 6% per annum, p~able annually with each installment, so that upon completion and acceptance of the improvements in a particular unit assessments ageinst the property abutting upon such.completed and accepted unit shall be and become due and p~able in such installments and with interest fro~ the date of such completion and acceptance, provided that any owner shall have the right to p~ off the entire assessment, or any installment thereof, before maturity, by p~ent of principal and accrued interest, and provided further that if default shall be made in the p~ent of any installment promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of Kerr and Middleton, or its assigns, be and become immediatily due and p~able, and shall be collectible with reasonable attorneyts fees and costs of collection, if ~ncurred. VI. • -----~ ~ . • , . -I-== • '· () . ' VII. W~r the purpose of ~videncing the several sums assessed against the said parcels of ~roperty, ~nd the o~ers thereof, and the time and terms of p~ent, and to aid in the enforcement thereof, assignable certificates shall be issued 7. by the City of Lub~ock ~on the completion and acceptance of thP work in each Unit of improvement as the \lork in such Unit is completed and accepted, which certificates shall be executed by the lfayor in the name of the City, attested by the City Secretary with the corporate seal, and shall be p~able to Kerr and Middleton, or its assigns, and shall declare the said amounts end the time and terms of p~ent and rate of interest and date of completion and acceptance of the improvements fDr which the certificate is issued, and shall contain the nsme of the owner as accurately as possible, and the description of the property by lot and block number, or front feet thereof, or such obher description as m~ otherwise identify the same, and if the said property shall be owned by an estate, then to so state the descriptim 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 own~rsJ shall in any vdse invalidate or impair the assessment levied hereby or the certi-ficate issued in evidence ~hereof. The said certificates shall further provide substantially that if default shall be made in the payment of any installment of principal or interest \!han due, 11 then, at the option of Kerr and Hiddleton, or its assigns, t.he '"hole of the said 1 assessment evidenced thereby shall at once become due a..Tld p~able, and shall be collectible with reasonable attorney's fees and costs of collection, if incurred. And said certificates shall set forth and evidence the personal liability of the olm.ers of such property and the lien u~on such property, and shall provide in effect if def~ult shall be made in the payment thereof the same may be enforced either by the sale of the property by the Tax Collector and Assessor of the City of Lubbock, as above recited, or by suit in any court having ju.r~sdiction. The said certificates shall further recite in effect that all proceedings witb reference to making said improvements have been regulcirly had in compliance with the law in force and proceedings of the City of Lubbock, and that all pre-reqQtsites to the fixing of the lien and claim of personal liability evidenced by such certificates have been regularly done and performed, Hhich recitals .hall .1., be evidenced o.f the matters and .facts so recited, and no further .:roof thereof 1 shall be required in any court. . 'p .And the said certificates m~y 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 tuo installments, leaving the main certificate for the third. ,, . ~--~D--~ ~~-~ •~ft ~4~w n~ .. '-...J '• • ~ ~..,._ --..-;I~ ......... _}~ 8 r • "'he assessments 'for improve-ents in G>ne urd t are in nmo~ise a!!lfiecte·1 by the improvements in the e "'es --ts levied for the improvements in eny other unit, .9.nd in making and levying assessmEnts in the cost of. the improvements in eachUn · t, the benefits by means of ~r.e improvenents, and ru.l other mat~ers and things with reference to the · provt :ants in at>ch Unit, have b1 en considered, and determi"ted altogether without ref ·~ence to any such matters ib ~ny oth :r unit, and the om~-sion of the improvements in any unit shall in nmlise affedt or i1"1p2ir the veJ,.id±y of assessments for the improvement s in any other unit. The omissi~n of im~rove ments in any particul~ v .it ·n fr~t of any property exempt from the lien of such assessments shall in nm1ise affect or itllpair the validity "f ass~ssments against other property in that unit. IX. No mistake, error, invalidity, or irregularity in the name of any property ' o'm.er, or the description of any property, or the amount of any assessment, or in any other matter or thing, shall in any \vise· invalidate or impair any asse~s­ment levied hereby or any certificate is.sued, and any such mist"l.ke;-error; invalid ity, or irregularity, whether in such as~ess ent or in the certificate issued in evidence thereof, may be conrected at any time by the City. li! x. All ass4ssments levied are a pers~nel liability and char;e against the real and true mmers of the .·remises described, nntwithstand;ng such mmers may not· be named, or any be incorrectly named. Passed and approved by Unanimous vote of the vity Commission, this 9th day of February, 1950. Passed and annroved by Unanimous vote of the City Commission, this the __ 2j~1L-day of -~~~--------' 1950. ~assed and aprroved by Unanimous vote of the Citv Commission, .this the ~---day of _ ~ -------, 1950. 'ATTEST:-/') ~