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HomeMy WebLinkAboutOrdinance - 7341-1976 - Closing Hearing/Levying Assessments For Part Of Cost Of Improving Streets/Alleys - 10/14/1976. ' ., ··;' ,; . ' Return to Percy O. Boren Paving Dept. City Hall G.W.O. 10,922 ORDINANCE NO. 7341 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 1 THRU 12, BLOCK 14, WESTGATE DRIVE ADDITION INSTALLMENTS NO. 5 AND 6; THE SOUTH SIDE OF THE EAST-WEST ALLEY ABUTTING THE WEST 582 FEET OF LOT 534 KUYKENDALL HEIGHTS ADDITION: THE EAST:._WEST ALLEY ABUTTING LOTS 11 THRU 16, BLOCK 4, WESTHAVEN ADDITION, AND THE NORTH 100.00 FEET OF THE WEST 150.00 FEET OF TRACT 1, BLOCK A, SECTION 20, WESTHAVEN ADDITION; THE NORTH-SOUTH AND EAST- WEST ALLEY ABUTTING LOTS 429 THRU 443, FARRAR ESTATES ADDITION; THE NORTH- SOUTH ALLEY ABUTTING LOTS 1 THRU 20, BLOCK 38, ORIGINAL TOWN ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 79TH STREET, EAST 1/2 OF ELGIN AVENUE, ENGLEWOOD AVENUE, 48TH STREET, LOCUST AVENUE, UNIVERSITY AVENUE, AND 82ND 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 installing concrete curbs and gutters and drains where necessary on Sub- units 83, 86, and 87 of Unit Number 2229, Sub-Unit Number 8 of Unit Number 2233, and Sub-Unit Number 2 of Unit Number 2232, 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 and on Sub-Unit Numbers 5 and 6 of Unit Number 2233 the paving to be one and one-half (1 1/2) inch Hot Mix, T.H.D. Type "C" on a nine (9) inch or more compacted black 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 Unit Numbers 12, 24, 25, 26, and 27 of Unit Number A-lf60, the paving of alley~ to be of reinforced concrete slab, a minimum .of five (511 ) inches 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 Commerical Concrete Construction Company. Said portions of alleys, streets, avenues and/or highways being as follows, to-wit: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Block 14, Westgate Drive Addition to the City of Lubbock, Lubbock County, Texas, abutting the East-West Alley between 14th Street and 15th Street, from its intersection with the west - WL1497 PAGE374 property line of Quaker Avenue to its intersection with the east property line of Raleigh Avenue known and designated as Sub-Unit Number 12 of Unit Number A-460. The West 582 feet of Lot 534, Kuykendall Heights Addition to the City of Lubbock, Lubbock County, Texas, abutting the East-West Alley between 48th Street and 50th Street from its intersection with the east property line of Slide Road to its intersection with the west property line of York Avenue known and designated as Sub-Unit 24 of Unit Number A-460. Lots 11, 12, 13, 14, 15, and 16, Block 4, Westhaven Addition to the City of Lubbock, Lubbock County, Texas and a tract of land herein described as follows. The North 100.00 feet of the West 150.00 feet of Tract 1, Block A, Section 20, Westhaven Addition to the City of Lubbock, Lubbock County, Texas, abutting the East-West Alley between 2nd Place and 3rd Street from its intersection with the east property line of Indiana Avenue to its intersection with (a line 150.00 feet east of the east property line of Indiana Avenue known and designated as Sub-Unit Number 25 of Unit Number A-460. Lots 429, 430, 431, 432, 433, 439, 440, 441, 442, 443, Farrar Estates Addition to the City of Lubbock, Lubbock County, Texas, abutting the North-South alley between Dover Avenue and Clinton Avenue from its intersection with the North Property Line of 82nd Street to its intersection with the alley North of 82nd Street and Lots 434, 435, 436, 437, 438, Farrar Estates Addition to the City of Lubbock, Lubbock County, Texas abutting the East-West alley between 80th Street and 82nd Street from its intersection with the East Property Line of Dover Avenue to its intersection with the West Property Line of Clinton Avenue known and designated as Sub-Unit Number 26 of Unit Number A-460. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, Block 38, Original Town Addition to the City of Lubbock, Lubbock County, Texas, abutting the North-South Alley between Avenue J and Avenue K from its inter- section with the South Property Line of 6th Street to its intersection with the north property line of 7th Street known and designated as Sub-Unit Number 27 of Unit Number A-460. 79th Street from its intersection with (a line) 30.00 feet west of the east property line of Elgin Avenue to its intersection with (a line) 16.00 feet east of the east property line of Boston Avenue known and designated as Sub- Unit Number 86 of Unit Number 2229. East 1/2 of Elgin Avenue from its intersection with (a line) 15.00 feet South of the south property line of 78th Street to its intersection with (a line) 15.00 feet north of the north property line of 79th Street known and designated as Sub-Unit Number 87 of Unit Number 2229. Englewood Avenue from its intersection with (a line) 13.00 feet south of the south property line of 46th Street to its intersection with the north lip line of 50th Street, not including Lot 3, Splawn-Henry Addition to the City of Lubbock, Texas, known and designated as Sub-Unit Number 83 of Unit Number 2229. 48th Street from its intersection with (a line) 16.00 feet east of the east property line of Englewood Avenue to its int·ersection with (a line) 16.00 feet west of the west property line of Elkhart Avenue known and designated as Sub-Unit Number 8 of Unit Number 2233. Locust Avenue from its intersection with the south lip line of 34th Street to its intersection with (a line) 18.00 feet south of the south property line of 36th Street known and designated as Sub-Unit Number 2 of Unit Number 2232. University Avenue from its intersection with (a line) 30.00 feet south of the south property line of 82nd Street to its intersection with (a line) 30.00 feet south of the south property line of 98th Street, not including Lots 1-A, 5-A, 7, 8, 11, 12, 15, 16, 19, and 113, University Pines Addition to the City of Lubbock, Texas known and designated as Sub-Unit Number 5 of Unit Number 2233. 82nd Street from its intersection with (a line) 30.00 feet west of the east property line of Elgin Avenue to its intersection with (a line) 23.00 feet west of the west property line of University Avenue known and designated as Sub-Unit Number 6 of Unit Number 2233. 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 improve- ments 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 abutt~ng 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 23rd day of September, 1976, at 2:00 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 12 of Unit A-460 Robert C. Johnson appeared opposing the proposed paving improvements. Charles E. Christmann indicated by letter that he opposed the the proposed paving improvements. J.N. Kirkpatrick indicated by letter that he opposed the proposed paving improvements. Sub-Unit 25 of Unit A-460 VOL 149t PAS£375 0 VOL 1497 PAGE 376 Ben Stribling indicated in person that he opposed the proposed paving improvements • o.v. Scott appeared on behalf of Ben Stribling opposing the proposed paving improvements. Sub-Unit 26 of Unit A-460 Hugh A. Thompson indicated by telephone that he opposed the proposed paving improvements. J.D. Badley appeared opposing the proposed paving improvements. Sub-Unit 86 of Unit 2229 Gene Chetty appeared opposing the proposed paving improvements. Sub-Unit 5 of Unit 2233 O.D. Lindsey indicated by telephone that he was opposed to the proposed paving improvements. Sub-Unit 6 of Unit 2233 Clyde R. Ownens indicated by letter and telephone that he was opposed to the proposed paving improvements. Jessie C. Evans indicated by letter that he was opposed to the proposed paving improvements. V.C. Stephenson indicated by letter that he was opposed to the proposed paving improvements. Carrie B. Primm indicated by letter that she opposed the proposed paving improvements. Sydney A. Moore indicated by letter that he opposed the proposed paving improvements. Vance J. Scoggin 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 presente 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 be made as herein ordained, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: r. 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 and alley paving Units and Sub-Units, Lots 468 thru 476, Kuykendall Heights Addition, of Sub-Unit 24 of Unit A-460; Lots 1 thru 10, Westhaven Addition, and the East 250.0 feet of the West 400.0 feet of the North 100.0 feet of Track 1, Westhaven Addition of Sub-Unit 25 of Unit A-460; Lot 3, Splawn-Henry Addition of Sub-Unit 83 of Unit 2229; and Lots 1-A, 5-A, 7, 8, 11, 12, 15, 16, 19, and 113, University 0 Pines Addition of Sub-Unit 5 of Unit 2233 and Unit 2233-7 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 assess- ment 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 be- lowmentioned 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 in- serted 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). ,.- ·vot1497 PAstJ77 0 VOL1497 P'6(378 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 related to or connected with the im- provements 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 0 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 and such liens shall be and constitute the first enforceable claim aginst 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 in- stallment, so that upon completion and acceptance of the improvements in a particular Sub-Unit, assessments against the property abutting upon such com- pleted and accepted Sub-Unit shall be and become due and payable in such in- stallments 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 payment of the sums assessed against the respective parcels of pro- perty; 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. WL149? PAGE379 n VOL1497 9ASE380 VII. For the purpose of evidencing the several sums assessed against the said parcels of property, and the owners thereof, and thetime 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 frDnt 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 collec- tion, if incurred. And said certificates shall set forth and evidence the personal liability of the owners of such property and the lien upon such pro- perty, 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 compli- ance 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 () n 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 af- fected by the improvements in or the assessments levied for 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 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 improve- ments 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 pro- perty owner, or the description of any property, or the amount of any assess- ment, 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 cer- tificate 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 23rd day of September, 1976. Passed and approved by unanimous vote of the City Council this the 14th day of October , 1976. Passed and approved by unanimous vote of the City Council this the 28th day of October , 1976. SEAL ROY BASS, MA,YOR vm.1497 PAGE381 wr.1497 PA6£382 ATTEST: Secretary APPROVED: n ... •· t _,. ~1497 PA~if12 .,, , . . AN ORDINANCE CLOSING HJ;ARING .AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING __ ....::::.:.-;:===~==::..x..===~:.:.:..-=.;.--=-:=:.....:..::=-=::..:::,::;:.=:.:..::,::....::..:::::....:.::==._::::-=..=..:::::.~_:::....::.:::.:~-=-:::..._ A PORTION OF VARIOUS STREETS AND ALLEYS WITIIIN THE CITY OF LUBBOCK t • L \ ._ .J t' -( . _ .... . . . . .... . ..