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HomeMy WebLinkAboutOrdinance - 7843-1979 - Closing And Levying Assessment Cost Of Improving E-W And N-S Alleys - 10/11/1979G.W.O, 10,976 ORDINANCE NO. 7843 . VOL1G62 PAGE .i.f fJo AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING EAST-WEST AND NORTH-SOUTH ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST-WEST ALLEY ABUTTING LOTS 603 THROUGH 615, CAPROCK ADDITION AND ABUTTING PARSONS ELEMENTARY SCHOOL PROPERTY; THE EAST- WEST ALLEY ABUTTING LOTS 142 THROUGH 152, PINK PARRISH ADDITION, LOTS 81 THROUGH 110, INDIAN ACRES ADDITION, LOTS 185 THROUGH 202, MURRYHILL ADDITION AND 1 THROUGH 7, COMMERCIAL ADDITION; THE EAST-WEST ALLEY ABUTTING LOTS 23 THROUGH 36, MELONIE GARDENS ADDITION; THE NORTH-SOUTH AND EAST-WEST ALLEY ABUTTING LOTS 347 THROUGH 366 AND TRACT B, MELONIE PARK SOUTH ADDITION; THE EAST-WEST ALLEY ABUTTING LOTS 1 THROUGH 16, BLOCK 6, LAMAR HEIGHTS ADDITION; THE NORTH-SOUTH AND EAST-WEST ALLEY ABUTTING LOTS 629 THROUGH 645, MELONIE PARK ADDITION; AND INCLUDING A PORTION OF THE FOLLOWING STREETS: WAYNE AVENUE, 79TH STREET, 80TH STREET, TOLEDO AVENUE, KE}'!PER STREET, BOSTON AVENUE, EAST 46TH STREET AND 82ND STREET, SUCH PORTIONS II II 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 AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS 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-Unit Numbers 80, 81, 82, 83, 84 and 85 of Unit Number 2234, Sub-Unit Number 14 of Unit Number 2235, Sub-Unit Number 9 of Unit Number 2236 and Sub-Unit Numbers 1 and 2 of Unit Number 2237, the paving of streets to be one and one-half (1 1/2) inch Hot Mix, T.H.D., Type 11C" on a six (6) inch or more compacted caliche base or nine (9) inch asphalt stabilized base 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 hereinbelow mentioned portions of alleys be unproved by raising, grading, and filling and paving and by installing concrete curbs and gutters and drains where necessary on Sub-Unit Numbers 68, 69, 70, 71, 72 and 73 of Unit Number A-460, the paving of alleys to be of reinforced concrete slab, a minimum of five (511 ) inches in thickness and minilnum of ten (10') 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 contractual arrange- ments for the making and construction of such ilnprovements will be consumated by the City of Lubbock. Said portions of alleys, streets, avenues and/or highways being as follows, to-wit: Lots 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614 and 615, Caprock Addition to the City of Lubbock, Lubbock County, Texas, and Parsons Elementary School property in the City of Lubbock, Lubbock County, Texas, abutting the East-West alley between 59th Street and 60th Street from its intersection with the East Property Line of Elgin Avenue 'to its intersection with the West Property Line of Canton Avenue, known and desigrtated as Sub-Unit Number 68 of Unit Number A-460. Lots 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 and 152, Pink Parrish Addition to the City of Lubbock, Lubbock County, Texas, Lots 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110, Indian Acres Addition to the City of Lubbock, Lubbock County, Texas, Lots 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201 and 202, Murryhill Addition to the City of Lubbock, Lubbock County, Texas, and Lots 1, 2, 3, 4, 5, 6 and 7, Commercial Addition to the City of Lubbock, Lubbock County, Texas, abutting the East-West alley between 49th Street and 50th Street from its intersection with the East Property Line of Quaker Avenue to its intersection with the West Property Line of Memphis Avenue, known and designated as Sub-Unit Number 69 of Unit Number A-460. Lots 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Melonie Gardens Addition to the City of Lubbock, Lubbock County, Texas, abutting the East- West alley between 74th Street and 75th Street from its intersection with a line a centerline length of 64.30 feet East of the East Property Line of Indiana Avenue to its intersection with the West Property Line of Hartford Avenue, known and designated as Sub-Unit Number 70 of Unit Number A-460. Lots 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366 and Tract B, Melonie Park South Addition to the City of Lubbock, Lubbock County, Texas, abutting the North-South and East-West alley from its intersection with the West Property Line of Indiana Drive to its inter- section with the North Property Line of 82nd Street known and designated as Sub- Unit Number 71 of Unit Number A-460. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16,. Block 6, Lamar Heights Addition to the City of Lupbock, Lubbock County, Texas, abutting the East- West alley between 42nd Street and 43rd Street from its intersection with the East Property Line of Indiana Avenue to its intersection lrlth the West ·Property Line of Hartford Avenue, known and designated as Sub-Unit Number 72 of Unit Number A-460. Lots 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644 and 645, Melonie Park Addition to the City of Lubbock, Lubbock County, Texas, abutting the North-South and East-West alley between Norwood Avenue and Norfolk Avenue from its intersection with the North Property Line of 68th Drive to its intersection with the West Property Line of Norfolk Avenue, known and de- signated as Sub-Unit Number 73 of Unit Number A-460. Wayne Avenue from its intersection with a line 17.00 feet South of the South Property Line of 58th Street to its intersection with a line 18.00 feet North of the North Property Line of 59th Street known and designated as Sub-Unit Number 80 of Unit Number 2234. 79th Street from its intersection with a line 16.00 feet East of the East Property Line of Boston Avenue to its intersection with a line 15.00 feet West of the West Property Line of Akron Avenue known and designated as Sub-Unit Number 81 of Unit Number 2234. 80th Street from its intersection with a line 16.00 feet West of the West Property Line of Boston Avenue to its intersection with a line 15.00 feet West of the West Property Line of Akron Avenue known and designated as Sub-Unit Number 82 of Unit Number 2234. 79th Street from its intersection with a line 15.00 feet West of the West Property Line of Akron Avenue to its intersection with a line 8.00 feet West of the West Property Line of University Averue known and designated as Sub-Unit Num. ber 1,r,, .. ~ 83 of Unit Number 2234. ~.VOl 00-', rA{;f; 467 Toledo Avenue from its intersection with a line 18.00 feet North of the North Property Line of 65th Street to its intersection with a line 13.00 feet North of the North Property Line of 66th Street known and aesignated as Sub-Unit Number 84 of Unit Number 2234. Kemper Street from its intersection with the West Raw Edge of Quaker Avenue to its intersection with the existing intersection at Salem Avenue known and de- signated as Sub-Unit Number 85 of Unit Number 2234. Boston Avenue from its intersection with a line 15.00 feet South of the South Property Line of 81st Street to its intersection with a line 7.00 feet North of the North Property Line of 82nd Street known and designated as Sub-Unit Number 14 of Unit Number 2235. East 46th Street from its intersection with a line 13.50 feet East of the East Property Line of Locust Avenue to its intersection with the West rail of the railroad tracks East of Locust Avenue known and 'designated as Sub-Unit Number 9 of Unit Number 2236. South half of 82nd Street from its intersection with a line 30.00 feet East of the East Property Line of Quaker Avenue to its intersection with a line 30.00 feet East of the East Property Line of Slide Road known and designated as Sub-Unit Number 1 of Unit Number 2237. 82nd Street from its intersection with a line 30.00 feet East of the East Property Line of Quaker Avenue to its intersection with the centerline of Memphis Avenue known and designated as Sub-Unit Number 2 of Unit Number 2237. The description of property abutting the abovementioned avenues, streets and alleys as described within this ordinance covers all property to be assessed and resolves and takes precedence to more general descriptions found in preceding resolutions. WHEREAS, the City Engineer prepared rolls or statements for the improvements 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; anc the same where 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 City of Lubbock tax rolls, and such hearing was had and held at the time and place fixed therefore, to-wit: on the 12th day of April, 1979, at 1:30 o'clock P.M. in the Council Room in the City of Lubbock, Texas, and at such hearing all desiring to 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 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 following protests were made concerning the improvements in the units indicated namely: Sub-Unit 68 of Unit A-460 Darrel Phillips appeared opposing and indicated by telephone that he opposed the proposed paving improvements. Delphine D. Young indicated by telephone that she opposed the proposed paving improvements. Roland Stapp indicated by letter that he opposed the proposed paving improvements. James Bromley appeared opposing the proposed paving improvements. Mrs. Greathouse indicated by telephone that she opposed the proposed paving improvements. Richard Hollinshead appeared opposing the proposed paving improvements. Richard Duncan appeared opposing and indicated by telephone that he opposed the proposed paving improvements. Sub-Unit 69 of Unit A-460 Neven Mote indicated in person that he opposed the proposed paving improvements. Mrs, Holloway indicated by telephone that she opposed the proposed paving improvements. Reba Harrell indicated by letter that she opposed the proposed paving improvements, Kenny Palmer indicated by telephone that he opposed the proposed paving improvements. Dorothy Pittman indicated in person that she opposed the proposed paving improvements. Bob Bivins indicated by telephone that he opposed the proposed paving improvements. Roy Nieman indicated by telephone that he opposed the proposed paving improvements. Donald Newmann appeared opposing the proposed paving improvements. Yvonne Sinclair indicated by telephone that she opposed the proposed paving improvements. Benton Oil Company indicated by telephone that they opposed the proposed paving improvements. George Parsley indicated in person that he opposed the proposed paving improvements. Jim Boyer indicated by telephone that he opposed the proposed paving improvements, O.V. Scott, Attorney, appeared representing Commercial property owners opposing the proposed paving improvements. Sub-Unit 70 of Unit A-460 Velma Gaines indicated by telephone and by petition that she opposed the proposed paving improvements. James Watt indicated in person and by petition that he opposed the proposed paving improvements. Donald Rude indicated by telephone and by petition that he opposed the proposed paving improvements. Tom Perry indicated in person and by petition that he opposed the proposed paving improvements. Elliott Owen appeared opposing and indicated by telephone and by petition that he opposed the proposed paving improvements. Floyd Thomas Goff indicated in person and by petition that he opposed the proposed paving improvements. Bobby Hughes indicated in person, by letter, and by petition that • he opposed the proposed paving improvements. Wayne Davis, representing Bobby Hughes, appeared opposing the proposed paving improvements. Sub-Unit 71 of Unit A-46O Larry Morton Austin indicated by petition that he opposed the proposed paving improvements. Medford Hunt indicated by petition that he opposed the proposed paving improvements. Don Lowder indicated by telephone and by petition that he opposed the proposed paving improvements. Leroy Richardson indicated by petition that he opposed the proposed paving improvements. Willie Shambeck indicated by petition that he opposed the proposed paving improvements. Paulette Thompson indicated by petition that she opposed the proposed paving improvements. Olin Coats indicated by petition that he opposed the proposed paving improvements. Bartow Tucker indicated by petition that he opposed the proposed paving improvements. R.H. Walker indicated by telephone and by petition that he opposed the proposed paving improvements. William O'Brien indicated by telephone and by petition that he opposed the proposed paving improvements. Jimmy Joe Stanford indicated by petition that he opposed the proposed paving improvements. Merlin Warren appeared opposing and indicated by telephone and by petition that he opposed the proposed paving improvements. T.F. Andrews indicated by petition that he opposed the proposed paving improvements. Elgin E. Conner indicated by telephone and by petition that he opposed the proposed paving improvements. Walter Mantooth indicated by petition that he opposed the proposed paving improvements. Howard Russell Stewart indicated by petition that he opposed the proposed paving improvements. J.B. McCoy indicated by petition that he opposed the proposed paving improvements. David Falls, Attorney, representing Coachlight of Lubbock appeared opposing and indicated in person that they opposed the proposed paving improvements. Sub-Unit 73 of Unit A-460 Kinji Magar indicated by telephone that he opposed the proposed , paving improvements. William Strange indicated by telephone that he opposed the proposed paving improvements. Lawrence Williams indicated by telephone that he opposed the proposed paving improvements. Sub-Unit 82 of Unit 2234 Blake Gregston indicated by telephone that he opposed the proposed paving improvements. Frank Wilson appeared opposing the proposed paving improvements. Sub-Unit 83 of Unit 2234 Velma Shambeck indicated by letter that she opposed the proposed paving improvements. Sub-Unit 85 of Unit 2234 Everett Gillis indicated by telephone that he opposed the proposed paving improvements. Catalina Mccullen indicated by telephone and by letter that she opposed the proposed paving improvements. Sub-Unit 9 of Unit 2236 Orville Stewart, representing the owner of Self Serve Storage, indicated in person and by letter that he opposed the proposed paving improvements. 11 I VOL 1662 P4CE 4 72: Sub-Unit 1 of Unit 2237 Tom Griffith, Attorney, representing R.E. Jones appeared opposing 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 should be made of such protests and objections, and that assessments should pe 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 street and alley paving of Sub-Unit 68 of Unit A-460, Sub-Unit 69 of Unit A-460, Sub-Unit 70 of Unit A-460, Sub-Unit 71 of Unit A-460, Sub-Unit 82 of Unit 2234, Tract A of College Avenue Co-op Addition of Sub-Unit 14 of Unit 2235,yTract E-1 of S. Mark Lovell Addition of Sub-Unit 1 of Unit 2237 and all of the North side of 82nd Street from Quaker Avenue to Slide Road of Sub-Unit 1 of Unit 2237 were erroneously included in the public notice and in the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against the property included in said Sub-Units and the City Engineer is hereby directed to delete and/o 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/or alleys and against the owner of such property, and that such assessments are right and proper and established substantial justice and equality and uniformity parties concerned, 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 which the particular property abuts, 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 apportionment of the cost of the improvements is in accordance with the proceedings heretofore taken and had with reference to such improvements and is in all respects valid and regular. III. That there shall be and is hereby levied and assessed against the parcels of property described in Exhibit 11A11 , attached hereto and made a part hereof and the true and correct owners of the parcels of property described in Exhibit "A", whether such owners be listed correctly therein or not, the sum of money itemized and shown opposite the description of the respective parcels of property described in Exhibit "A", ' . tv. That the assessments so levied are for the improvements in the particular Unit upon which the property described abuts, and the assessments for the improve- ments in one Unit are in no wise related to or connected with the improvements I I in any other Unit, and in making assessments and in holding said hearing the amounts so assessed for improvements in one Unit having been in nowise affected by any fact in anywise connected with the improvements or the assessments therefor,_, 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 at the rate of seven (7%) percent per annum for alley and six (6%) percent.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 shall 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 claims, except State, County and Municipal taxes and the sums so assessed shall be payable as follows, to-wit: In five equal installments, the first payable on or before twenty (20) days after the completion and acceptance by the City of the improvements in the 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 a~ceptance; the fourth installment due on or before t'l)ree years from said date of completion and , ~ 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 such completion and acceptance at the rate of 7% per annum for alleys and 6% for streets, payable annually with each installment, so that upon completion and acceptance of the improvements in a particular Sub-Unit, assessments against the 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 payment 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, then 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 cost 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; for the pay- ment 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 any 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-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 improvement as the work in such Sub-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 payable 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 owner is 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 or 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 cost of collection, if incurred. And said certificates shall set forth and evidence the personal liabilitj 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 Assessor of the City of Lubbock, as above recited, or by suit in any court having jurisdiction. The said certificates shall further recite in effect that all proceedings with reference to making said improvements 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 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 thereof 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 thereof and said certificates may 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. 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 fot the improvements in any other " unit, and in making and levying assessments the cost of the improvements 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 deter- mined 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 any 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 and other matter or thing, shall in anywise 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 certificate issued 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 12th day of April, 1979. of of Passed and approved by unanimous vote of the City Council this the 26th day April, 1979• Passed and approved by unanimous vote of the City Council thi_s the 11th day October, 19 79. Seat ATTEST: hn C. Ross, Jr., City Attorney