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HomeMy WebLinkAboutOrdinance - 111-1914 - Assess The Cost Of Construction Fourteen Foot Concrete Sidewalk. - 04_13_1914Crpe„� 1 MMMMPI AN ORDIFANCR TO Aa.cT,SR TNP COgT OF CONQTRTMTIITa POUPTTrn FOOT CONORrT7 STDRWAL78 IN FRONT Or AND ABUTTTNI LOTS NtYtarRrT) i ,,,FV­N (11) , i?' �;W , AND TRIRTFT'N (13) IAl PLOCK ITMFR*'D On RMDRND THTRTY TM'7 (133) } AND FIVF FOOT CONORFT7 gIT7mALK9 IN FRONT OF AND ABUTTING I►OTS NMGB74M TXTPrY (16) R gRVrFT7rM (1?) , AND Nr"T-rrIT (19) IN BLOCK N T- B~RF) OXE BMTDRI:D FOB NINE 149) ON OrMAR STREET, AGAINST THr, O'! TTPS OF SAID PROP_; TY ABUT T1N�SAID clwrprrT AND T"'IR�PT g AND TO PRO-. VIDB' POR tffr, ENFORCE" ,17 AM) COLLECTION TRr,,RMP. Be it Ordained by the City Council of the City of Lur,bock, Texas=--- WHMPA9, the Dity Counctil of the City of Lu}boeb, Texas, hereto - fora by Resolution ordered the improvement of Cedar street in front of and abutting Loto Fumbered Eleven (11), }, and Thirbeen (13) in Block Numbered One Hundred Thirty Three (113) and in front of and abutting Lots *lumbered Sixteen (16) , eaventeen (17) , and Vinc teen (19) in Block Numbered Onehundred Forty Nine (149) by construdting four- teen foot concrete sidswalks in front of and abuttinR,jote Nvmbcrsd Eleven (11) , 0 , and 'thirteen (11) in plock "Tumbered One Run- cared'Thirty three (111) and five foot concrete side'.valks in front of and abutting Lots Nambersd Sixteen (151 Seventeen (17), and Nineteen (19) in. Block Numbered One Hundred Forty 1TIne (149) j and, ` T7Pr3AS, in accordance with said Re solution, the City Fnaineer prepared plans and speai °icati e-no for said work and -riled the ,erne 5a"rd with the,,Dity Council, which were approved thereby; and* WRM AS, after due advertisement for bids -0or said workv as requirea by Lan and the Ordinances of thi 3 Qity, the bid of J.B.P'ryor for said Work of improvem-ent was adopted by the,,,Counoil; and, WPT,FA,90 L. A,HitGhacak, 91ty rm;zineer, in wcordcnce with said Res- olution ordering said work, and the Law and Ordinances of this City, I therwafter prepared a written statement cont--Lining the names of the per- sons, firms* corporations, and estates owning property abutting ao~i.d Improvements, together with a description of their property, and also an estimate of the coats of said imprvaezent, and of the proportion there- of to be paid by each pf said property owners. �►i.d statement otherwise complying with the Ordinances and Laws of this City and wbieh was mppro- Teed by the City Counall3 and, WFFTT7AS, thereafter an the 9th., 4ay of Marcho A.D.1914f the City ,r Council by ®solution declare, the necessity of assessing the coats of conetr tlnx said improvements against the own4ars3 of said abutting property and their said prcperty thereby the flits Secret was to give notice to the own-- _ � Y �'Y era if Bald property, their 9.Ments and attorneys of a hearing to be had before thl, Oity Council of the City of Lurbock at the City Fall in Sal City on the 9th. , day of March, A. 7).111,14, at 8 o' clock p. m. , in the (701jr_a1l Chwber, at Which hearinR all of eaid ownars, their aments. and attorneys, or the inure ated peracn,s, might appear and file their objectione, if any, to said specif#cations and �on,atvuction of said im-- provementa, and opi'er evidence, and that said hearing Should be de Perrvd from dray to day until fully acliomplished; and WRTMA80 said Reeolutlon provided that at said me,�ting said property owners, their agents or attorneys, sh*vuld be heard as to the amount to be assessed against them and their property, and as to the benefits of said ,improvements an said property, send as to any other mat"ver or tbis,g In Oonnecticm therewith, and, THIPMA:4, in aceordanca with said R! solution, the City oaaretary did on the 111 th. , da6y of March, A. D.1914 carry out said Re eoluti on bar giving notias : thereof to said property owners, their eryents and attorneys in aact rdssnoe with the Law and. the Ordinances of this City, by publi -hing said notice three times prior to said hearing in the Lutr ock Avalanche, a newspaper of general circulation in the City of Lubbock, said notide having been published in said 'Lubbock Avalanahe on the 11th. , 19th.. and 96th, , daxs of V roh A. 7".19149 aad also Riving no- tice thereof by registered letter eontuininar said notice deposited in, the Post Off6ce of the City of Lubbock addressed to each of the owners of said property, the first of said publications of said notice and the date of the deposit of said letters in the Post Of -Pies being at least tan days prior to the date of s-.id hearing, send, WNW: VAS,, the said hearing was held before the Citv Qouncil at the time and place xftxzswAAx d-� sianated in the said Resolution =d no tides, In the Counoll Chamber at in the City Fall, on the Pith. , day of April, A. D.1914, end, ®HAS, at ssaicd hearing a full opportunity, having been Riven to all persons interested to be heard, the said hearing was closed, and VWR'"AR, fro== thv evidence before us,, s ild. Citv Council is of the ' � J Page A3. opinion that the costs of sai i Improvements abould be assessed a2ainat the o,*mers of said abutting property and their property abuttini: upon said tmprovamentf and, 9VEFFRAS, said Council determinod that the costa assessed ag-alnet V? a a*-uttlna property and Its oarnere, should be aese ssed and apportioned between them, as hereinafter set forth, in proportion as the frontago of each o7mer is to the shale frontages to be improved; and, R"TRSAS, said,Counoil from the evidence and faota before it, upon said hearing did determine that said assesment Is just and equitable, having in view the special benef its In enhanaed value o-" the property to/be received by each owner, and that the benefits in enhanced value `- of oachiparael of property hereby a8se ssed by amounts of said improver- menteexceeds the amount aew geed against the same. WFT.RFAS the City and J. A. Pryor entered into a contract for the co �ruton of said work as required by Law, and said J.A.Prvor filed !1�✓ 1kM* his bo` d with ant approved surety for the construction of suchi '� work, which contract and bond wore approved by the City Council Now, there"ore be it Ordained by the City rloutiail- of the City of Lubbock, Textass --- 1. That there shall be assessed and is hereby aage saed ago.inat each parcel of the aforesaid property abutting upon said section of ouid street and aRainet the owner and owners thereof hereinaft©r named, des- cribed and set forth the a8veral and respective -amounts below specified as to eaoh of said owner or owners of said property, and the description of their property, and tho amounts to be assessed against each lot and its owner or owneris being as�ollowag to-'wita- Z I S 7 -0'F P 1; ❑ P r R T Y. Owners Name Block Lot Prout 7t. Costs Carter & Po asy 13'j ll � 1 104.18 C. R. Nailof 13'3 13 25 71.55 T.W. Bharp 149 16-17 52 42. o o P. D. Hughe s 149 19 26 81.5G 2. That a loin is hereby fixed upon each of the above described parcels of ptoparty to secure the amount assessed axainst it, and each of said ownstes shell be pereona►lly liable for the amount aese3aed a- gainet hie or her property respectively. That the amounts asaesled againet said property and the ovmere Vage #4. thereof be payable as follows, to -wit: N Fifteen days after completion and aaceptance of gaid work by the 01 tv of Lut book and the sane shall boar interp st at the rate of eight per cent per annum from and after fifteen days after the completion and acceptance of said work by the City, if not paid. Upon payment of said aaaasamnt9 in full by the owner, the City shall cause to be executed by its Mayor and attested by its Secretary a release of the loin of such asaeswent. That the amount herein as- ae see4 against anv parcel of property and the owner thereof, together with all costa and reasonable expenses in collecting the same, together with reasonable attorna-vI s fees, when incurred, shall constitute a per— sonal olaim or lei In at such, property o vner and be sgcure d by a. loin upon such property superior to all other claims, or titles, .. _ ..........I ..� excep-t,State, County, and City Taxes, and in ease of default in payment of such asssssreente such personal limbillty wA Lein 1 oball be en'orcea by suit in any Court of dempetent jur tadictich. w 1. That assignable certificates may be i siau the City vainet I s each parael of property abutting upon g=mid iffFrovarrent af'oresaid and the owners thereof for the respective arrolants assessed against each owner and parcel of property aforeaaid, which certificate shall be payable to J.A. Pryor,, or his order and shall set forth and declare the amount to be paid by each of said ownere as herein assessed against his or her property and the tina and terms of payment as herein provided and shall describe lots or parcels of property refarred to therein by numbers and Meek or other description as may identify the same with reference to lakz,,a other facts recited, and, if the owner Is unknawn or said lot is owned by ar, estate, it shall be sufficient to eo state the facts in mid cer— t1ficat©. That said certificate shall provide that default in the pay— n,er t of the sanq, of interest thereon, shall at the option of J.B. Pryor, of oth'cr hplder thereof, mature the 3.,iid certificate for the full amount of principal and intcre at unpaid thereon a. -id that upon default tha entire tLeount due upon any certificate shall becotre due and collectable with accrued inter -at and reasonable attorney',, feca, if the sans has been incurred. That said certificates shall reeitc that the 'proceedin;ze with reference to making ,such finprovemento have been remularly had in compli— once with Law and', that all pre3r3quisitas to the fixing of the assoaament lain against the property described in said certificate and the personal Page #5. liability against the owner thereof have been perfemed and such reoitale shall be prima facie evidemee of the '9"te so recited and no further proof thereof shall be required in any court, That said certificates shall be executed by the Mayor anti attested by the City aec3retary with the corporate seal, and ,shall provide that the aLounte payable evidenced thereby shall be paid to the Tax Collector of the City of Lubbock, who oball issue his receipt therefor, which eha11 be evidence thereof upon any demand for beme wbether by virtues of said certificate or any oontrauct to pay the name entered into by the owner. The Tux Collector shall deposit tL11 sums received by him upon amid a3e^ e aments mat Mir forthwith with the City Treasurer and such Treasurer shall keep the sane in a separate fund which Ze hereby designated and amlle : rGaial "Improvement Fund", and whenever any payucnt is eta made to the Treasurer he shall upon presentation to h1m of the cartifiaate upon which said payment has been made, pay the holder thereof the amount r T so poAd upon ouch certifiomte anl shall orsdit and endoree said payment on suid c-artificate aAd jsuch endorsement and credit shall be the Treme- urers warrant for malinLl such p� aJrent. ;Said pay4,ent by the Treasurer sba.11 also he raceipted .for in writing by tho holder of the 03rtificate to the Treasurer, and by the surrender of such cortifieate, when the � principal thereof, togs then with ac ;7rued intere et and costa of collectdon 3r' has been paid in full. 4. That thj a ,Or"Unaiiao shall take eifsc t from and after its pas- sage and publican n `' '$: required by Law. � �4. ' Faseed by the .City Council in Regular Session thelith. , day of April, A.D.1914. Approved the 13th. , day of Appril, A. D.1914. seal) F, F'. T' eeloak, 'favor. ',tteatI W.M• %ftw. ity Secretary.