HomeMy WebLinkAboutOrdinance - 1017-1950 - Close Hearing/Levy Assessments For Portion Of 30Th, Ave. H And Other Streets - 08/10/1950' ...._,
AN ORDINANCE CLOSING HEARING AND LEVYING .ASSESSNENTS FOR A PART OF THE
COST QF IMPROVING A PORTION OF :30TH STREET, AVENUE H, LOUISVILLE AVENUE, 33RD
STREET, BATJ1;8 STREET, FIR STREET., MEMPHIS AVENUE, 25TH STREET, AVENUE T, 2ND
STREET, AVENUE Q, 23RD :?TREET, 41ST STREET, 481'H STREET, CORNELL STREET, 39TH
STREET, COLGATE STREET, INDIANA AVENUE, :36TH STREET, KNOXVILLE AVENUE, :3RD PLACE,
AVENUE B, 2ND STREET, 46TH STREET, EMORY STREET, 21ST STREET, AVENUE J, 38TH STREET
3RD STREET, 29TH STREET, DlTrl:E STREET, DARTMOUTH STREET 1 BOSTON AVENUE, MEMPHIS
AVENUE; A PORTION OF ALLEY IN BLOCKS 23, 137, 151 and 120, ORIGINAL TOWN AND
BLCCK 99, OVERTON ADD IT! ON, SUCH PORTIONS BEING MORE PARTICtTLARLY DESCRIBED IN THE
PAVING ASSES$MENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSlvlENTS, AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FtnJDS~AND DECLARING AN
ENERGENCY.
WHEREAS, the City: of Lubbock has heretofore ordered that the hereinbelow
mentioned portions ot streets, avenues and/or alleys be improved by raising,
grading, and filling and paving and by installing concrete curbs and gutters and
drains where necessary on Unit Nos. 920-A, 968, 979, 980, 1006, 1035, 1036, 1037,
1038, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052,
1053, 1054, 1055, 1056, 1057, 1058, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067,
1069, 1069, 1070, 1071, 1072, 1073, 1074, A-129, A-138, A-300, A-5S, A-248, the
paving to be of quadruple course asphalt surface treatment (inverted penetration
type) on six {6) inch compacted caliche base for street paving and a 5n concrete
slab for alley paving) together with necessary incidentals and appurtenances, all
as provided in the specifications prepared by the City Engineer, now on file with
said City, and arrangement for making and construction of such improvements and
contracts was entered with J. R. Fanning, said Streets, Avenues and Alleys being
as follows, to-wit:
Cornell Street from its intersection with the East Property Line of Gary Avenue
to its intersection with the East Property Line of Elgin Avenue; known and desig-
~~d as Unit Number 920-A.
-~1150·n Avenue from its intersection with the North Property Line of Dartmouth
tre to its intersection with the South Property Line of Duke Street, known
• ignated as Unit Number 968.
J eat trom its intersection with the We~t Property Line of Canton Avenue
to tersection rith the East Property Line of Boston Avenue, known and
de t as Unit Number 979.
D th~treet from its intersection with the West Property Line of Canton
Aven o ·~s intersection with the East Property Line of Boston Avenue, known
and d ed as Unit Number 9SO.
Emory lr-~~e rom its intersection with the West Property Line of Detroit
Additio , kn and designated as Unit Number 1006J .
Avenue o it intersection with the East Property Line of the Burle7on nd Osborn
·U Avenue H from its intersection with the South Property Line of 30th Street
to its intersection With the North Property Line of 29th Street, known and desig-
nated as Unit Number 1036.
Louisville Avenue from its intersection with the North Property Line of 31st
Street to its intersection with the South Property Line of 3oth Street, known and
designated as Unit Number 1037.
33rd Street from its intersection with the East Property Line o~ Avenue T
to its intersection vith the West Property Line of Avenue 5 7 known and designated
as Unit Number 1038.
Bates Street from its intersection with the West Property Line of Indiana ~enue
to its intersection with the East Property Line ofG ary Avenue, known and desig-
nated as Unit Number 1040.
Louisville Avenue from its intersection with the South Property Line of 31st
Street to its intersection with the North Property Line of 32nd Street, known and
designated as Unit Number 1041.
Fir Street from 12.5• South of its intersection with the North Property Line of
East 23rd Street to 10• South of its intersection with the North Property Line
of East 22nd Street, known and designated as Unit Number 1044.
Fir Street from its intersection with the South Property Line of East 28th
Street to 12.5' South of its intersection with the North Property Line of East
23rd Street, known and designated as Unit Number 1045.
23rd Street from ite intersection with the East Property Line of Louisville Avenue
to its intersection with the East Property Line of Knoxville Avenue, known and
designated as Unit Number 1046.
~ Memphis Avenue from its intersection with the South Property Line of 27th Street
to its intersection with the South Property Line of 26th Street, known and
designated as Unit Number 1047.
25th Street from its intersection with the West Property Line of Knoxville Avenue
to its intersection with the West Property Line of Joliet Avenue, known and
designated as Unit Number 1048.
Avenue T from its Intersection with the North Property Line of 33rd Street to
its intersection with the South Property Line of 32nd Street, known and designated
as Unit Number 1049.
2nd Street from its intersection with the North Property Line of Clovis Road
to its intersection with the West Property Line of Avenue Q, known and designated
as Unit Number 1050.
Avenue Q from its intersection with the North Property Line Clovis Road to its
intersection with the South Right-of-way line of the Panhandle and Santa Fe
Railroad, known and designated as Unit Number 1051.
41st Street from its intersection with the East Property Line of Boston Avenue,
to its intersection with the East Property Line of Akron Avenue, known and
designated as Unit Number 1052.
48th Street from its intersection with the West Property Line of Avenue s,
to its intersection with the West Paving Line of Avenue Q, known and
designated as Unit Number 1053.
39th Street from its intersection ~th the East Property Line of Akron Avenue
to its intersection with the East Property Line of College Avenue, known and
designated as Unit Number 1055.
Colgate Street from its intersection with the East Paving Line of College Avenue
to its intersection with the East Property Line of the Garrison Subdivision,
known and designated as Unit Number 1056.
Indiana Avenue from its intersection with the North Property Line of Bates
Street to its intersection with the North Property Line of Baylor Street,
known and designated as Unit Number 1057.
36th Street from its intersection with the West Property Line of Elgin Avenue
to its intersection with the West Property Line of Canton Avenue, known and
designated as Unit Number 1058.
Knoxville Avenue from its intersection with the North Property Line of 29th
Street to its intersection with the South Property Line of 28th Street,
known and designated as Unit Number 1060.
3rd Place trom its intersection with the East Property Line of Avenue H to its
intersection with the West Property Line of Avenue G, known and designated as
Unit Number 1061.
Avenue B from its intersection with the North Property Line or Broadway to
12.5 feet North or its intersection with the South Property Line of Main Street
known and designated as Unit Number 1062.
2nd Street from its intersection with the East Property Line of Avenue Q to its
intersection with the West Property Line of Amarillo Road, known and designated
ss Unit Number 1063.
46th Street from its intersection with the East Property Line of Avenue L to
its intersection with the West Paving Line or Avenue H,known and designated as
Unit Number 1064.
21st Street from its intersection with the West Property Line of Miami Avenue
to its intersection with the Weet Property Line or Memphis Avenue, known and
designated as Unit Number 1065.
Avenue J from its intersection with the South Property Line of 36th Street to
its intersection with the South Paving Line of 34th Street, known and designated
as Unit Number 1066.
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u Knoxville Avenue from its intersection with the North Property Line ot Joth.Street
to its intersection with the South Property Line of 29th Street, lcnown and
designated as Unit Number 1067.
38th Street from its intersection with the East Property Line of Akron Avenue
to its intersection with the East Property Line of College Avenue, known and
designated as Unit Number 1068.
3rd Street from its intersection with the West Property Line of Avenue F to its
intersection with the East Property Line of Avenue H, known and designated as
Unit Number 1069.
29th Street from its intersection with the West Property Line of Avenue L to its
intersection with the West Property Line of Texas Avenue, known and
designated as Unit Number 1070.
Memphis Avenue from its intersection with the South Property Line of 19th Street
to its intersection w1th the North Property Line of 20th Street, known and
designated as Unit Number 1071.
39th Street from its intersection with the West Property Line Canton Avenue to its
intersection with the West Property Line of Elgin Avenue, known and designated
as Unit Number 1072. ·
Memphis Avenue from its intersection with the South Property Line of 21st
street to its intersection with the South Property Line of 20th Street, known
and designated as Unit Number 1073.
Memphis Avenue from its intersection with the North Property Line of 22nd Place·,
to its intersection with the South Property Line of 21st Street, known and
designated as Unit Number 1074.
North-south Alley in Block 137, Original Town Addition, designated as Unit
Number A-129.
North-South Alley in Block 151, Original Town Addition, designated as Unit
Number A-138.
The East one-half of the Eas~West Alley in Block 120, Original Town Addition,
designated as Unit Number A-300.
The North-south Alley in Block 237 Original Town Addition, designated as
Unit Number A-58.
The East-West Alley in Block 99, Overton Addition, designated as Unit Number A-248.
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WHEREAS, the City Engineer prepared rolls or statements for the im-
provements 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 Commission and approved, and
a time and place was fixed tor a hearing to the owners of such abutting property,
and to all others in any wise interested, and due and proper notice was given,
and such hearing was had and held at the time and place fixed therefor, to-wit
on the lOth.day of August A. D. 1950 at 1:30 P.M. in the Commission Room in the
City of Lubbock, Texas, and at such hearing all desiring to be heard were tully
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 H'ith reference to such matters, and the following
protests were made concerning the improvements in the units indicated namely: None
And all objections and protests made were fully considered and said
hearing was continued from day to day and from time to time until this date,
and the City Commission 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 be made as herein ordained.
TEXAS:
TF..EREFORE, BE IT ORDAINED BY THE CITY CONMISSION OF T.tiE CITY OF LTJBBOCK,
1.
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 of said Units, is hereby closed.
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ll.
The City Commission, from the evidence finds that the assessments herein
levied shall be made and levied against the respective parcels of property abut-
ting upon the said portions or streets and alleys, and avenues and against the
owners of such property, and that such assessments are right and proper and es-
tab1.,ished substantial justice and equality and uniformity between the respective
own~rs and respective properties, and between all parties concerned, considering
benefits received and burdens imposed, and further finds that in each case the
abut~~ng property assessed is specially benefitted in the enhanced value thereof,
by means of the improvement in the Unit upon which the particular property abuts,
and ~or 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.
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The City Commission, from evidence considering the benefits received
and burdens imposed, finds that the owners of railroads occupying and/or crossing
portions of streets herein named shall pay and are hereby assessed the whole costs
of improving, including foundation, extra concret,, ties, etc., between and under
rails and tracks of such railroad and two teet on outside thereof; the sums
payable by and chargeable against railroads arld the owners thereof shall be
assessed against them and shall be a superior lien on its roadbed, ties, rails,
fixtures, rights and franchises, wWich tax shall constitute a lien superior to
any other lien or claim except S~ate, County, and Municipal Taxes.
111.
That there shall be and is hereby levied and assessed against the
parcels of property and railroads crossing or occupying streets, herein below
mentioned and against the real and true owners thereof, whether such owners be
correctly herein or not, the sums of mOpey below mentioned and itemized shown
opposite the description of the respective parcels of property and 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 of Ordinance and in separate Ordinance Book.}
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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 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 any wise connected with the ~rovements, or the assessments therefor, or
any other unit.
v.
That the several sums above mentioned assessed against said parcels of
property, and against the real and true own~rs thereof, and interest thereon at
the rate of six {6%) per cent per annum, together with reasonable attorneyts
fees and costs 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-vit:
In three equal installments, the first payable on or before ten (10}
days after the completion and acceptance by the City of the improvements in the Unit
upon which the particular property abuts; the second installment due on or be-
fore one year from said date of completion and acceptance, and the third install-
ment due on or before two y~ars 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 6% per annum, payable annually with each installment, so
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that upon completion and acceptance of the improvements in a particular unit
assessments against the property abutting upon such completed and accepted unit
shal~ 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 p~ off the entire assessment, or any installment thereof, before
maturity, by p~ent of principal and accrued interest, and provided further
that if default shall be made in the 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 J. R. F enning, or ita assigns, be and become
immediately due and payable, and shall be collectible with 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 anr sums hereby assessed against any property and the owners thereof, but
J. R. Fanning 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
p~nt 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 nonpayment
of ad valorem taxes, or at the option of J. R. Fanning 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
Unit of improvement as the work in such Unit is completed and accepted, which
certificates shall be executed by the ~or in the name of the City, attested
by the City Secretary with the corpor~te seal, and shall be payable to J. R.
Fanning or its assigns, and shall declare the said amounts and the time and
terms of payment and rete of interest and date of completion and acceptance of
the improvements for which the eertificafe 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 es-
tate, 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 mistake in describing any property, or in giving the name of
any owners, shall in any wise 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 aey installment of principal or interest due,
when, then, at the option of J. R. Fanning, or its assigns, the whole of the
said assessment evidenced thereby shall at once become due and p~able,
and shall be collectible vith reasonable attorney's fees and costs 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
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\_} shall provide in effect if default shall be made in the peyment thereof the same
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~ 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-
requisities 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 evidenced of the matters and facts so recited, and no further proof thereof
shall be required in ~ court.
And the said certificates m81 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 two installments, leaving the main certificate for the third. \
And the said certificates shall further provide in effect that the City
of Lubbock shall exercise all of its lallf'ul. 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 appro-
priate thereto. It shall not be neoessary that said certificates shall be in the
exact form as above set forth, but the substance and effect thereof shall suffioe.
VIII.
The assessments levied by this ordinance for the improvements in each
Unit are altogether separate and distinct from assessments in each and ever.r
other unit. The assessments tor improvements in one unit are in nowise affected
by the improvements in or the assessments levied tor the improvements in an,y
other unit, and in making end 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 ~ other unit. The omission
of improvements in any particular unit in front of any property exempt f'rom the
lien of such assessments shall in nowise affect or impair the validity of assess-
ments against other property in that unit.
IX.
No mistake, error, invalidity, or irregularity in the name of any propert7
owner, or the description of 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 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 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 any be incorrectly named.
XI.
The present condition of said Streets and Alleys endangers health
and safety, and it is necessary that said improvements be proceeded with while
the weather will permit, and the construction of said improvements is being
delayed pending the taking effect of this ordinance, and such facts constitute
and create an emergency and an urgent public necessity requiring that the rules
providing for ordinances to be read more than one time, or at more than one
meeting, be suspended, and that this ordinance be passed as and take effect as
an emergency measure, and such rules are accordingly suspended and this ordinance
is passed as and shall take effect and be in force as an emergency measure, and
shall be in force and effect immediately from and after its passage.
Passed and approved by unanimous vote of the City Commission this the
lOth day of August, 1950.
!;4-• -·~ .::.l . .I Mayor
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