HomeMy WebLinkAboutOrdinance - 7446-1977 - Closing Hearing And Levying Assessments For Cost Improving East/West Alleys - 05/26/1977v
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ORDINANCE NO. 744J~ftl-t 'J ~
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF THE FOLLOWING EAST-WEST ALLEYS LOCATED IN THE FOLLOWING
BLOCKS AND ADDITIONS: THE EAST-WEST ALLEY ABUTTING LOTS 192 THRU 206 AND LOTS 737
THRU 753, BROADMOOR ADDITION; THE EAST-WEST ALLEY ABUTTING LOTS 1 THRU 18, BLOCK
17, RUSHLAND PARK ADDITION, INSTALLMENTS NO. 6 AND 8 AND INCLUDING A PORTION OF TBE
FOLLOWING STREETS: SANTA FE DRIVE, SHERMAN AVENUE, 80TH STREET, 62ND STREET, 63RD
... STREET, WAYNE A VENUE, VICKSBURG AVENUE, 2~TH STREET, 2ND PLACE, 30TH STREET, 61ST
STREET, ENGLEWOOD AVENUE, AND 54TH STREET, SUCH PORTIONS 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 ASSESSMENTS 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 installin~
concrete curbs and gutters and drains where necessary on Sub-Unit 34 of Unit Number
2233, Sub-Units 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 of Unit Number
2234 and Sub-Units 1 and 2 of Unit Number 2235, the paving to be one and one-half
(1 1/2) inch Hot-mix, T.H.D. Type "C" on a six (6) inch or more compacted caliche
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 improved by raising, grading,
and filling and paving and by installing concrete curbs and gutters and drains
where necessary on Sub-Units 30 and 31 of Unit Number A-460, the paving of alleys
to be of reinforced concrete slab, a minimum of five (5") irtches in thickness and
minimum 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 arrangements for the making and construction of such
improvements have been made and contract was entered into with Commercial Concrete
Construction Company.
Said portions of alleys, streets, avenues and/or highways being as follows,
to-wit:
Lots 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205,
206, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750,
751, 752, and 753 , Broadmoor Addition to the City of Lubbock, Lubbock County,
Texas abutting the East-West Alley between 63rd Street and 64th Street
from its intersection with the east property line of Quaker Avenue to its
intersection with the west property line of Oxford Drive known and designated
as Sub-Unit 30 of Unit Number A-460.
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18,
Block 17, Installments No. 6 and 8, Rushland Park Addition to the City
of Lubbock, Lubbock County, Texas, abutting the East-West Alley between
11th Street and 13th Street from its intersection with the east property
line of Toledo Avenue to its intersection with the west property line of
Salem Avenue known and designated as Sub-Unit 31 of Unit Number A-460 .
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Santa Fe Drive from its intersection with the east property line of
Slide Road to its intersection with a line 12 feet west of ~he west
property line of 29th Drive known and designated as Sub-Unit Number
34 of Unit Number 2233.
Sherman Avenue from its intersection with a line 8 feet south of the ~
south property line of 1st Street to its intersection with the north
property line of Clovis Road known and designated as Sub-Unit Number
12 of Unit Number 2234.
80th Street from its intersection with a line 13 feet east of the
east property line of Avenue B to its intersection with a line 13
feet east of the east property line of Ash Avenue known and designated
as Sub-Unit Number 13 of Unit Number 2234.
62nd Street from its intersection with a line 130 feet west of the
west property line of Wayne Avenue to its intersection with a line
16 feet west of the west property line of Utica Avenue known and
designated as Sub-Unit Number 14 of Unit Number 2234.
63rd Street from its intersection with a line 540 feet west of the
west property line of Vicksburg Avenue to its intersection with a
line 16 feet west of the west property line of Utica Avenue known
and designated as Sub-Unit Number 15 of Unit Number 2234.
Wayne Avenue from its intersection with a line 7 feet north of the
north property line of the alley north of 62nd Street to its intersection
with a line 18 feet north of the north property line of 62nd Street
known and designated as Sub-Unit Number 16 of Unit Number 2234.
Vicksburg Avenue from its intersection with a line 7 feet north of
the north property line of the alley north of 62nd Street to its
intersection with a line 7 feet south of the south property line of
the alley south of 63rd Street known and designated as Sub-Unit
Number 17 of Unit Number 2234.
24th Street from its intersection with the east lip line of Avenue
K to its intersection with a line 5 feet west of the west property
line of Avenue J known and designated as Sub-Unit Number 18 of Unit
Number 2234.
2nd Place from its intersection with a line 15 feet west of the west
property line of Geneva Avenue to its intersection with a line 400
feet east of the east property line of Geneva Avenue known and designated
as Sub-Unit Number 19 of Unit Number 2234.
2nd Place from its intersection with a line 13 feet east of the east
property line of Hartford Avenue to its intersection with a line 15
feet west of the west property line of Geneva Avenue known and
designated as Sub-Unit Number 20 of Unit Number 2234.
30th Street from its intersection with the east raw edge of Milwaukee
Avenue to its intersection with a line 13 feet west of the west property
line of Kewanee Avenue known and designated as Sub-Unit Number 21 of
Unit Number 2234.
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6lst Street from its intersection with a line 18 feet west of the west property
line of Vicksburg Avenue to its intersection with a line 16 feet west
of the west property line of Utica Avenue known and designated as Sub-Unit
Number 22 of Unit Number 2234.
Vicksburg Avenue from its intersection with a line 18 feet south of the
south property line of 6lst Street to its intersection with a line 7 feet
north of the north property line of the alley south of 6lst Street known
and designated as Sub-Unit Number 23 of Unit Number 2234.
Englewood Avenue from its intersection with the south lip line of Brown-
field Road to its intersection with a line 13 feet north of the north
property line of Brownfield Drive known and designated as Sub-Unit
Number 1 of Unit Number 2235.
54th Street from its intersection with the east lip line of Bangor Avenue
to its intersection with a line 16 feet west of the west property line
of Albany Avenue known and designated as Sub-Unit Number 2 of Unit
Number 2235.
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;
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 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 May, 1977, at 1:15 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 30 of Unit A-460
Alfred D. Judd appeared opposing the paving improvements and indicated
by telephone and by petition that he opposed the proposed paving.
Lee Sigelman indicated by petition that he opposed the proposed paving
improvements.
Alvis Lake indicated by letter that he opposed the proposed paving
improvements.
Cecil A. Foster indicated by telephone and by petition that he opposed
the proposed paving improvements.
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; Floid Andrews indicated by petition t~at he opposed the proposed
paving improvements.
John E. Connors indicated by petition that he opposed the proposed
paving improvements.
Gilbert R. Rowell indicated by petition that he opposed the proposed
paving improvements.
Jack D. Solomon indicated by telephone and by petition that he opposed
the proposed paving improvements.
Jerry Henslee indicated by petition that he opposed the proposed paving
improvements.
Martha M. Mitchell indicated by petition that she opposed the proposed
paving improvements.
Roy Minugh indicated by telephone and by petition that he opposed the
proposed paving improvements.
Robert Henry Johnson indicated by petition that he opposed the proposed
paving improvements.
Thomas J. Johnston indicated by telephone and by petition that he
opposed the proposed paving improvements.
Granvil E. Mcilroy indicated by petition that he opposed the · ., ':::-1..
proposed paving improvements.
Larry Ewing indicated by petition that he opposed the proposed paving
improvements.
Claudia H. Brannon indicated by petition that she opposed the proposed
paving improvements.
Sub-Unit 18 of Unit 2234
Mr. Anderson appeared opposing the proposed paving improvements.
Sub-Unit 19 of Unit 2234
Mr . Denetro representing the First Four Square Church appeared opposing
the proposed paving improvements.
Sub-Unit 20 of Unit 2234
Mrs. c.v. Spears indicated by telephone that she opposed the proposed
paving improvements.
Ralph Olive indicated by telephone that he opposed the proposed paving
improvements .
Paul Hoffman indicated by telephone that he opposed 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 con-
sideration, 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 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
in street paving Sub-Unit 18 of Unit 223~and Lots 137, 138, 139, 146, 147, 154,
155, 162, 163, and 164, Ridgewood Addition of Sub-Unit 21 of Unit 2234 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 in-
cluded in said Sub-Units 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/or alleys and against the
owners of such property, and that such assessments are right and proper and
established substantial justice and equality and uniformity between the respective
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 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 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 parcels of
property; the description of such property and several amounts assessed against
same, and the Owners thereof, being as follows: (Rolls inserted in Original Copy
of Ordinance and in separate Ordinance Book. Note a special description shall be
made on the Roll of Sub-Unit along the boundary of the City).
I '
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
improvements in one Unit are in no wise r elated to or connected with the improve-
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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 affected by
any fact in anywise connected with the improvements or the assessments therefore,
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%) per cent 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
Rnd 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 acceptance; the fourth
installment due on or before three 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
collectable with reasonable attorney1 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
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
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
collectable with reasonable attorney's fees and cost 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 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 prerequisites
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 for the improvements in any other unit,
v
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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 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 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
any 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
May, 1977.
Passed and approved by unanimous vote of the City Council this the 26th
day of May , 1977.
*Passed and approved by unanimous vote of the City Council this the 9th
day of June , 1977, with Section I of this ordinance amended
by leaving Sub-Unit 18 of Unit 2234 on the assessment roll and the City Engineer is
hereby directed to correct such rolls. ~~~~~~~~~~~------------------------
~88, MAYOR
ATTEST:
G.W 0. 10.922
ORDINANCE NO. 7446
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING
A POBXION OU THE FOLJ.OWING EAST-WEST AllEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS:
l lE EAST-WEST ALLEY ABUTTING LOTS 192 THRU 206 AND LOTS 737 THRU 753, BROADMOOR ADDITION;
'--titE EAST WEST AJI.EY ABliTTING I.OTS 1 THRU lSa BLOCK 17 LRUSHLAND PARK ADDITION, INSTALL-
.MENTS NO. 6 AND 8 AND INCLUDING A PORTION OF THE FOLLOWING STREETS; SANTA FE D~lVE, SHER-
MAN AVENUE, 80XH STREET• 62ND STREET, 63RD STREET, WAYNE AVENUE, VICKSBURG AVENUE, 24TH
STREET, 2ND PLACE, 30TH STREET, 61ST STREET, ENGLEWOOD AVENUE, AND 54TH STREET, 'SUCH POR£IONS
BEING MQRE PARTICIILARLX PESC~IBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED
HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, RIG~YS, AVENuES AND/
OR AJJ.EYS IN THE CliY OF LUBBOCK, TEXASt AND/OR ALONG THE BOUNDARIES OF SAID CITY AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISsuANcE OF ASSIGNABLE C!RTIFi-
CAXIQNS IN EVIDENCE TijEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR
ASSESSMENTS DELETED BY CITY COUNCIL.)
I, Treva Phillips, City Secretary-Treasurer, Ci~y of Lubbock, Texas hereby
certify that the above and foregoing is a true and correct copy of AN ORDINANCE
No. 7446
Passed by the City Council this the 9th day of June, 1977.
and of record in Minute Book 36, page
THIS __ 2~1~s~t ______________ .DAY OF ____ ~J~u~n~e~'---------------------------------' 19 77