HomeMy WebLinkAboutOrdinance - 0998-1950 - Paving Released Units 1000, 1002-A, 1023, 903, 903-A. BEST AVAILABLE SCAN - 08_25_1950Paving Released under Paving Ord . # 998 -GVTO 543
Units released: 1000, 1002-A, 1023, 903, 903-A
Released: Minute Book 9 , Pa ·e 607
I
/I) . " , 1-'1
I -/·I
);t,--..
CIWINANCE NO. 998 •
AN ClWINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE
COST OF IMPROVING A PORTION OF CANTON AVENUE, 2GTH S'!REET, AMHERST STREET,
LOUISVILLE AVENUE, 33RD STREET, AVENUE U, 39TH STREET, ~ PLACE, 35TH STREET,
, 24TH STREET, AVENUE F, 2ND STREET, 4TH STREEI', 22:ND STREET, 1ST S'l'REEI', AVENUE T
c. .n. Vtt AUBURN STREET, 37TH STREET, 32lm STREET, 31ST STREET, )TrH STREET, 40lH STREE'l, /-y"Z-1 '1 27TH STREET, 4J.S'l'""-STREET', AVENll! M, ABD AVENUE 'H, SUCH FlllTIONS BEING KllE
~z t.~.lf PARTICULARLY DESCRIBED m THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK A'rl'ACHED
1-. ~ Jll HERETO AND MADE A PART HEREOF AND PORTIONS OF SUNDRY C7l'HER STREETS, AVENUES AND
~ t-' ' ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THER.E(ll'
ALLOCATING FUNDS •
WHEREAS, the Cit7 of Lubbock has heretofore ordered that the hereinbelow
•ntioned portions ot Streets, AveDUes and/or alleys be improved by raising,
grading, and tilling and paving and b7 installing concrete curbs and gutters
aDd drains vhere necessary on Units los. 1000, 1001, 1002-J., 1003, 1004, 1005,
1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022, 102.3, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032,
1033, 1034 903, 903...&., the paving to be of quadruple course asphalt surface
treatment {inverted penetration type) on six (6) inch compacted caliche base,
together with necessary incidentals and appurtenances, all as provided in the
specifications prepared by the City Engineer, now on f'ile with said City, and
arrangement for making and construction of such improvements and contracts was
entered with Kerr ard Middleton, said Streets, Avenues and Alleys being as
f'ollovs, to-wit:
~
SJ;v""Canton Avenue f'rom 1 ts intersection with the South Property Line of' 41st Street
f ~~si!:a!::·~=e~!i~n N=r t~~~rth Property Line of 42nd Street, known and
2oth Street troll its intersection with the East Property Line of Louisrille
Avenue to its intersection with the West Property Line of Meaphis Avenue;
known and designated as 11nit No. 1001.
/)Amherst Street•o• ita intersection with the East Property Line of' Akron
UJ Avenue to its -intersection with the East Property Line of Detroit Avenue; known
' and designated as Unit No. 1002-.A..
Louisville Avenue trom its intersection vi th the South Property Line 19th Street
to its intersection with the North Propert7 Line of 2ot;h Street, known and
designated as Uait lo. 1003.
33rd Street trom its intersection with the West Property Line of Avenue •x•
to its intersection with the East Prepert7 Line of' College Avenue, known and
designated as Unit Humber 1004.
Avenue U trom it1 intersection with the Borth Property Line of 3Sth Street to
its intersection with the North Propert7 Line ot 39th Street, known and designa
as Unit No. 1005.
'•
39th Street from its intersection with West Property Line of Avenue S to
its intersection with the West Property Line of Avenue U, known and desipated
as unit No. 1007.
33rd Street from its intersection with the West Property Line or Indiana
Avenue t& its intersection with the West Property Line ot Joliet Avenue,
known and designated as Unit No. 100g.
22nd Place from its intersection with the West Property Line of Indiana
Avenue to its intersection with the West Propert7 Line of Memphis Avenue,
known and designated as Unit No. 1009. ·
35th Street from its intersection with the East Propert.T Line ot Avenue "X"
to its intersection with the East Propert7 Line of College Avenue designated
as Unit No. 1010.
24th Street trom its intersection with the West Property Line of Avenue F
to its intersection with the East Property Line of Avenue G, knovn and
designated as Unit No. 1011.
Louisville Avenue from its intersection with the South Property Line ot
2oth Street to its intersection with the North Property Line of 21st Street,
known and designated as Unit No. 1012.
Louisville Avenue from its intersection with the South Property Line of
21st Street to its intersection with the North Property Line of 22nd Place,
known and de signa ted as Unit No. 1013.
Louisville Avenue from its intersection vith the South Property Line of 22nd
Place to its intersection with the North Property Line or 27th Street, known
and designated as Unit No. 1014 • .
Avenue ~" trom its intersection with the South Gutter Line or 23rd Street
to its intersection with the South Property Line of 25th Street, known and
designated as Unit No. 101~.
24th Street fro• its intersection with the West Paving Line or Avenue ttEtt
to its intersection with the East Property Line or Avenue F, known and
designated as Unit No. 1016.
2nd Street from its intersection with the East Propert7 Line of Boston Avenue
to its intersection with the East Pr.rty Line of Detroit Avenue, known
and designated as tJnit No. 1017.
4th Stre!~~rom a point 52.1 teet West ot its intersection with the West
PropertyAo'f Avenue C to its intersection with the West Gutter Line of Avenue
A, known and designated as Unit No. 1018.
33rd Street .t.rom its West Property Line of Knoxville Avenue to its intersec-
tion with the West Property Line or Louisville Avenue, known and designated
as Unit No. 1019.
22nd Street from its intersection vith the East Property Line of Knoxville
Avenue to its intersection with the East Property Line ot Louisville Avenue,
known and designated as Unit No. 1020.
lst Street from its intersection with the South Property Line of Clovis Road
to its intersection with the East Property Line of Temple Avenue, known and
designated as Unit No. 1021.
3
Avenue T tr0111 its intersection with the Southwest Property Line of Clovis
Road to its intersection with the South Property Line ot 2nd Street known and
designated as Unit No. 1022.
¥~treet trom its intersection with the South West Property Line of Clovis
Road to its intersection with the East Paving Line ot College Avenue, kDown and
designated as Unit No.1023.
37th Street trom its intersection w1 th the West Property Line of Boston Avenue
to its intersection with the East Property Line of Canton Avenue, known and
designated as Unit No. 1024 •
.32nd Street from its intersection with the West Property Line of Knoxville
Avenue to its intersection vith the West Property Line ot Louisville Avenue,
known and designated as Unit No. 1025.
31st Street~om its intersection with the West Property Line ot Knoxville
Avenue to its intersection vith the West Property Line of Memphis Avenue, knovn
and designated as Unit No. 1026 •
.3.3rd Street trom its intersection with the West Property Line of Elgin Avenue
to its intersection with the East Property Line or Indiana Avenue, known and
designated as Unit No. 1027 •
.37th Street ~om its intersection vith the East Property Line of Akron Avenue
to its intersection with the West Property Line ot College Avenue, known and
designated as Unit No. 1028.
4oth Street trom. its intersection with the West Property Line ot Boston Avenue
to its intersection with the East Property Line of Canton Avenue, know and
designated as Unit No. 1029.
27th Street from its intersection with the West Property Line of Memphis Avenue
to its intersection vith the West Property Line of Louisville Avenue, know
and designated as Unit No. 10.30.
4oth Street trom its intersection with the West Property Line ot Canton Avenue
to its intersection with the West Property Line of Elgin Avenue, know aDd
designated as Unit No. 10.31.
2nd street trom its intersection with the West Property Line or Avenue V to its
intersection with the East Property Line ot Vernon Avenue, known and designated
as Unit No. 10.32.
\
41st Street from its intersection with the West Propert)" Line of Boston
Avenue to its intersection with the East Propertr Line of Canton Avenue~ known
and designated as Unit No. 10.3.3 •
.35th ~treat from its intersection with the East Property Line ot Canton
Avenue to its intersection with the West Property Line of' Boston Avenue, known
and designated as Unit No. 10.34.
~~g of Avenue M from its intersection with the South Gutter Line of
7th street to its intersection with the North Gutter Line ot Main Street,
known and designated as Unit No. 90.3.
~~~ ot Avenue N troa its intersection with the South G~tter Line ot
Main Street to its intersection with the North Gutter Line of Broadway, knovn
and. designated as Unit No. 90.3-A.
WimREAS, the CitY' Engineer prepared rolls or statements tor the illl-
provements in each Unit, shoving the aaounts to be assessed against the various
parcels of' abutting property, and the owners thereot, and showing other matters
and things, and the same were examined by the CitY' Commission and appr09"ed, and
a time and place vas fixed tor a hearing to the owners of such abutting propertyJ
and to all others in 8Q1 wise interested, and due and proper notice vas given,
and such hearing was had and held at the time and place fixed therefor, to-wit,
on the 8th d~ of' June, A. D., 1950 at 1:.30 o'clock P.M., in the Commission
Room in the City of' Lubbock, Texas, and at such hearing all desiring to be heard
were tul~ and fairly heard, and evidence vas received and considered and all
protests and objections made were considered1 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 tolloving protests were made concerning the improvements in
the units indicated namely: None.
And all objections and protests made vere tul~ considered and said
hearing was continued from da,y to dq and trom time to time until this date,
and the City Commission having tully and fairly heard all parties making ~
protest and all parties desiring to be heard, and having tully considered
all matters presented tor consideration, and having fully considered all ot the
evidence, and all pertinent and proper matters is ot opinion that the tolloving
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 COMMISSION OF THE CITY OF LUBBOCK, 'l'EXASa
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 ot said Units, is hereby closed.
\
II.
The Oit7 Commission, tram the evidence f'inds that the assessments her.ln
levied shall be made and levied against the respective parcels of propert7
abutting upon the said portions of streets and alleys, and avenues and against
the owners of such propert7, and that such assessments are right and proper am established substantial justice and equalit7 and unitoraity betwaen. the
respective owners and respective properties, and between all parties concerned,
conaidering benefits received and burdens imposed, and further finds that in
each case the abutting property assessed is specially benefitted in the enhanced
value thereof, by means of the illprovement in the Unit upon which the particular
property abuts, and for \lhi.ch assessment is levied, in a sum in excess ot the
assessment levied against same by this ordinance, and further finds that the
apportionment of the cost or the imprcnements is in accordance with the pro-
ceedings heretofore taken and had w1 th re£erence to such improvements and is
in all respects valid and regular.
II-A.
'rhe City Commission, from evidence considering the benefits received
and burdens imposed, finds that the owners of railroads occupying and/or
crossing portions ot streets herein named shall pq and are hereby assessed
the whole costs or improving, including foundation, extra concrete, ties,etc.,
between and under rails and tracks of such railroad and two f'aet on outside
thereof; the sums payable by and chargeable against railroads and the owners
thereof shall be assessed against them and shall ba a superior lien on its
roadbed, ties, mils, f'irtures, rights and franchises, which tax shall constitute
a lien superior to arq other lien or claim except State, C ount:r, and ltmlcipal
Taxes.
III.
That there shall be and is hereby levied and assessed against the
parcels ot property ard railroads crossing or occupying streets, herein below
mentioned and against the real and true owners thereof, whether such owners be
correctly named herein or not, the sums of money below •ntioned and itemized
shown opposite the description of the respective parcels ot propert7 ard
railroads crossing or occupying streets; the descriptions of such property and
railroads, and several amounts assessed against same, and the owners thereof,
being as follows:
(Rolls inserted in Original Copy ot Ordinance and in separate Ordinance Book.)
IV.
That the assessments so levied are for the improvements in the particu-
lar Unit upon which the propert7 described abuts, and the assessments tor the
iDlpl"'ftments in one Unit are in nowise related to or connected vi th the im-
provement a in ~ other Unit, and in making assesl!llll8nts and in holding said
hearing the amounts so assessed tor improvements in one Unit have been in nowise
affected by ~ fact 1n ~ wise connected with the improvements, or t~e
assessments therefor, or ~ other unit.
v.
That the several sums above mentioned assessed ag81nst said parcels
ot property, and against the real and true owners thereo.r, and interest thereon
at the rate of six (6%) per cent per annum, together with reasonable attorney's
tees and costs of collection, 1t incurred, are hereb.y declared to be and mad• a
lien upon the respective parcels of property against which the same are assesstd,
and a personal lie bill ty and charge against the real and true owners thereof,
whether or not such 0\lners be correctly named herein and such liens shall be and
constitute the first enforceable claim against the property assessed, and Bhal1
be a first and paramount lien, superior to all C!Jther liens and claims, except
State, County and MUnicipal taxes, and the sums so assessed shall be ~able as
follows, to-wit:
In tbr$e equal installments, the first payable on or before ten (10)
d~s after the co~letion and acceptance by the City of the improvements in the
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 in-
stallment due on or befo~ two years from said date of completion and acceptance;
and such assessments shall bear interest~om the date of such completion and
acceptance at the mte ot 6% per annum, payable annually with each installment,
so that upon completion and acceptance of the improvements in a particular unit
assessments against the property abatt~ upon such completed and accepted unit
shall be and becoae due and payable in such installments and with interest from
the date of such completion and acceptance, provided that ~ owner shall have
the right to p~ off the entire assessment, or anr installment thereof, before
maturity, by payment of principal and accrued interest, and provided turther that
it default shall be made in the payment of any installment promptly as the same
matures, then the enti~ amount of the assessment, upon which such default is mach
shall, at the option of Kerr and M[ddleton, or its assigns, be and become immedi~te-
17 due and payable, and shall be collectible vith 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 sUDS hereby assessed against any property and the owners thereof, but
Kerr and Middleton shall look solely to said property, and the owners thereof 1 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 peyment of ~ 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-
p~nt of ad valorem taxes, or at the option of Kerr and Middleton 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 ot the work in
: .
each Unit of improvement as the vork in such 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 p~able
to Kerr and Middleton or its assigns, and shall deolare 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 ~stake in describing ~ property, or in
giving the name of tmp owners, shall in arq W'ise invalidate or impair the
assessment levied hereb1 or the certificate issued in evidence thereof.
The said certificates shall further provide substantially that if
default shall be made in the p~nt of ~ installment of principal or interest
due when, then, at the option of K-err and Jl1fiddleton, or its assigns, the whole
of the said assessment. evidenced thereby shall at once become due and payable,
and shall be collectible vith reasonable attorney's tees and coats 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 p~nt thereof the same
~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 ~ court
having jurisdiction.
The said certificates shall fUrther recite in effect that all proceedin~
with reference to making said improvements have been regularly had in compliance
with the law in force and proceedings of the Cit,y of Lubbock, and that all
prerequisites to the fixing ot the lien and claim of personal liability evidence<
by such certificates have been regularly done and perf'ormed, which recitals
shall be evidenced of the matters and facts so recited, and no further proof
thereof shall be required in ~ court.
And the said certificates may have coupons attached thereto in ·
evidence of each or ~ of the several installments thereof, or they may have
coupons for each of the first two installments, leaving the 'main certificate
tor the third.
And the said certificates shall further provide in effect that the City
of Lubbock shall exercise all of its law:ful powers, when requested so to do by
the holder of said certificates, to aid in the enforcement and collection
thereof, and said certificates ~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.
nn. •
j .•
The assessments levied by this ordinance for the improvements in each _j
Unit are altogether separate and distinct from assessments in each and every
other unit. The assessments tor improvements in one unit are in nowise affected
by the improvements in or the assessments levied for the improvements in 8111'
other unit, and in making and levying assessments the cost of the improvements
'¥
in each Unit, the benefits by means of the iDlprovements, and all other matters
and things with reference tG the improvements in each Unit, have been considere
and determined altogether without reference to aqy such matters in ~ other
unit, and the omission ot the improvements in ~ unit shall 1n nowise affect
or impair the validity of assessments tor the improvements in ~ other unit.
The omission ot illlprovements in any particular unit in .front of ~ property
exempt from the lien of such assessments shall in nowise affect or impair
the validity of assessments against other property in that unit.
II.
No mistake, error, imal.idity, or irregularity in the ne:me ot 8JJY
property owner, or the description ot 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 ~ 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 or 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 aqy be incorrectly named.
Passed and approved by unanimous vote of the City Commission this the
_ _.IL.-..-day of .rune 1 1950.
Passed and &:Qproved by unaniD.ous vote of the City Commission this the __ 2_2 __ day of __ June , 1950.
Passed and approved by unanimous vote of the CityC ommission this the 29th
day ot June .: , 1950.
Z,/