HomeMy WebLinkAboutOrdinance - 117-1914 - Cost Of Constructing 14 Feet Concrete Sidewalk - 11_09_1914ORDINANCE NO. 117. AN ORDINANCE to assess the coet of constructing a fourteen foot' concrete sidewalk in front of and abutting Lot Numbered three (3) inBlockNumberedOne -hundred -nineteen (119) on North First Street, andofconstructingfourfootconcretesidewalksinfrontofandabuttingLotNumberedfifteen (15) in Block Numbered One -hundred -thirty-two132) on Ash Street, Lot Numbered Bleven (11) in Block Numbered -twenty-
two (22) on North Seventh and Ash Streets, Lot Numbered fourteen' (14)
in Block Numbered Fifty- 5;") , Lots Numbered eleven (11) , Seventeen
17), eighteen (18), nineteen (19), and twenty (20) in Block Numbered
Eighty --five (85) on Cypress Street, against the owners of said property
abutting upon said sections of said streets and their said property,
and to provide for the enforcement and collection thereof.
Be it Ordained by the City Council of the City of Lubbock, Texass--
WEREAS, the City Council of the City of Lubbock, Texas, heretofore
Est
by Resolution ordered the improvement of North First Street in front of
Lot Numbered three (3) in Block Numbered One -hundred -nineteen (119)
by constructing fourteen foot concrete sidewalks in front of and abutting
said section of said Street aforesaid, and the improvement of Ash Street
kwr.= in front of Lot Numbered fifteen (15) In Block Numbered One
hundred --thirty-two (131), and the improvement of North Seventh and Ash
Streets
streets in front of Lot Numbered Eleveri t(.11) in Block Numbered twenty-
two (22), and the improvement of Cypress Street in front of and abutting
late Number fourteen (14) in Block Fifty-three (53) and Lots number
eleven (11), seventeen (17), eighteen (18), nine-
teen (19), and twenty {20} in Block Number eighty-five (85) by IkK can-
e, structing four (4) foot concrete sidewalks in front of and abutting the
said portion of the said Ash, North Seventh and Ash, and Cypress Streets
aforesaid; and, WHEREAS., n accordance with said Resolution, the City
Engineer prepared plans and specifications for said work and filed the
same with said City Council, which were approved thereby, and, whereas,
after due advertisements for bids for said work, as required by Law and
the Ordinances of this City, the bid of J.B.Pryor for said work was
adopted by the Council; and, whereas, L. A.Ritchcock, City Engineer, in
accordance with said Resolution ordering said work, and the Law and
Ordinances of this City, thereafter prepared a, written statement contain-
ing`the names of the persons, firms, corporations and estates owning
property abutting said improvements, together with a description of their
n2a. property, and also an estimate of the costs of said improvement, and oftheproportionthereoftobepaidbyeachofsaidpropertyowners. SaidstatementotherwisecomplyingwiththeOrdinancesofthisCity, and whichwasapprovedbytheCityCouncil; andWrMWAS, thereafter, on the lltb. , day of October, A.D.1914, the
City Council by Resolution declared the necessity of assessing the costs
of constructing said improvements against the owners of said abutting
property and their property.
DHERFAS, thereby the City Secretary was to give notice to the owners
of said property, their agents and attorneys of a hearing to be had be-
fore the City Council of the City of Lubbock at the City Hall in said City
on the 9th., day of 'November, A.D.1914 at 8 o'clock p.m. in the Council
Chamber, at which hearing all of said owners, their agents and attorneys
or interested persons, might appear and file their objections, if any, to
said specifications and construction of said improvements, and s
offer evidence, and that said hearing should be deferred from day to day
until fully accomplished; and,
WMREAS, said Resolution provided that at said meeting said property
owners, their agents or attorneys, should be heard as to the 9.rount to
be assessed against them and their property, and as to the benefits of
said improvements on said property, and as to any other matter or thing
In connection therewith; and,
W"RKAS, in accordance With said Resolution, the City Secretary did
on the 28th.9day of October A.D.1914 carry out said Resolution by giving
notice thereof to said property owners, their agents and attorneys in ace
cordance with Law and the Ordinances of this City by publishing said no-
tice three times prior to said hearing in the Lubbock Avalanche, a News-
paper of general circulation in the City of Lubbock, said notices having
been published in said Lubbock Avalanche on the 29nd. and 2gth. days
of October and on the 5th. , defy of 'November A, D.1914, and also giving
notice thereof by registered letter containing said notice deposited in
the Post Office of the City of Lubbock addressed to each of moLd the own-
ers of said property, the first of said publications of said notice and
the date of the deposit of said letters in the Post Office being at least
ten days prior to the date of saif hearing, and,
ViRE"R'EAS, the said hearing was held before the City Council at the
3. time and place designated in the said Resolution and Notices, in theCouncilChamber, in the City Hall, on the 9th., day of November A.D.1914and, WHEREAS, at said hearing a full opportunity having been given toA# all persona interested to be heard, the said hearing was closed, and,
WREAS, from the evidence before us, said Council is of the opinion
that the costs of said improvements should be assessed against the owners
of said abutting property and their property abutting upon said Improve -
went; and,
AEREAS, said City Council determined that the costs assessed against
the abutting property and its owners, should be assessed and apportioned
between thaw as hereinafter set forth, in proportion as the frontage of
each owner is to the whole fronting to be improved; and,
MMREAS, said Council, from the evidence and facts before it, upon
said hearing did determine that said assessment is just and equitable,
having in view the special benefits in enhanced value of the property
to be received by each owner, and that the benefits in enhanced value
of each parcel of property hereby assessed by amounts of said improvements -
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exceeds the amount assessed against the same.
RFAS, the City of Lubbock and ,T. B. Pryor entered into a contract
for the construction of said work as required by Law, and said J.B.Pryor
filed his bond with an approved surety for the construction of such work,
which contract and bond were approved by the City Council.
Now, therefore be it Ordained by the City Council of the City of
Lubbock, Texas:--
1. That there shall be assessed and is hereby assessed against each
parcel of the aforesaid property abutting upon said sections of said
streets and against the owner and owners thereof hereinafter named, des-
cribed and set forth the several and respective amounts below specified
as to each of said owner or owners of said property, and the description
of their property, and the amounts to be assessed against each lot and
its owner or owners being as follows, to -wit: -
LIST OF PROPrRTY
Owners Name Block Lots Front Peet Costs.
Miss Willie Briggs 114 3 25 468.87
C.R.Nailor 11P 15 26 17.6o
J.D. Lee 72 11 157 86.00
4. Owners Name Block Lots Front Feet CostsV. D.Renderson 53 14 26 17. 60M.D.Rendereon 85 11 36 53.50Afire. Ella Moore } Standard Real Estate ) Loan Company, } 85 179 180 19, SC lm4 73.40RosserJ.Coke, Trustee j
Dallas, Texas.
S. That a lean is hereby fixed upon each of the above described
parcels of property to secure the amount assessed against it, and each
of said owners shall be personally liable for the amount assessed a-
gainst his or her property respectively.
That the amounts assessed against said property and the owners
thereof shall be payable as follows to -wit:-- Fafteen days after comp&e-
and acceptance
tion of said work by the City of Lubbock and the same shall bear Interest
at the rate of eight percent per anntmi from and after fifteen days after
the completion and acceptance of said work by the City of Lubbock, if not
paid.
Upon the payment of said assessments in fu%1 by the owner, tire City
shall cause to be executed by its Mayor and attested by its Secretary
a release of the elan of such assessment. That the amount herein as-
esessed against any parcel of property and the owner thereof, together
with all costs and reasonable expenses in collecting the same, together
with reasonable attorneyts fees, when incurred, shall constitute a per-
sonal leis or claim against such property owner and be secured by a
lien upon such property superior to all other liens, claims, or titles,
except State, C"unty, and City Taxes, and in case of default w in payment
of such assessments such personal liability and lien shall be en'orced
by suit inm any Cou#t of competent jurisdiction.
3. That A assignable certificates may be issued by the City against
each parcel of property abutting upon said imprevement aforesaid and the
owners thereof for the respective amounts assessed against each owner and
parcel of property aforesaid, which certificate shall be payable to
J.B.Pryor, or his order, and shall set forth and declare the amount
to be paid by each of said owners as herein assessed against his or
her property and the time and terms of payment as hereing provided and
shall describe lots or parcels of property referred to therein by numbers
and Plock or other description as may identify the same with reference
5. to other facts recited, and, if the owner is unknown, or said lotisownedbyandestate, it shall be sufficient to so state the factsinsaidCertificate. That said certificate shall provide that defaultinthepaymentofthesame, or interest thereon, Shall, at the option ofJ.B.Pryor, or other holder thereof, matIre the said certificate for
the Pull amount of principal and interest unpaid thereon, and that upon
default the entire amount due upon any eertificate shall become due and
collectable with accrued interest and reasonable attorneys fees, if
the same has been incurred. That said certificates shall recite that the
rpoceedings with reference to making such improvements have been regularly
had in compliance with Law and that all prerequisites to the fixing of
the assessment lien against the property described in said certificate and
the personal liability against the owner thereof have been performed and
such recitals shall be prima facie evidence of the facts so recited and
no further proof thereof shall be required in any Court.
That certificate shall be executed by the Mayor and attested by the
City Secretary With the corporate seal, and shall provide that the amounts
evidenced
payable Athereby ehall be paid to the Tax Collector of the City of Lubbock,
who shall issue his receipt therefor, which shall be evidencet thereof
upon any demand for same whether by virtue of said certificates or any
cantra.ct to pay the same enteredt into by the owener. The Tax Collector
shall deposit all sums received by him upon said assessments forthwith
ith the City Treasurer and such Treasurer shall keep the same in a sep-
arate fund which is hereby designated and called "Special Improvement
Fund% and whenever any payment is so made to the Treasurer, he shall
upon presentation to him of the certificate upon which said payment has
kLeen made, pay the holder thereof the amount so paid upon such certificate
and shall credit and endorse said payment on said certificate and such
endorsement and credit shall be the Treasurers warrant for making such
payment. Said payment by the Treasurer Shall also be receipted for in
writing by the holder of the certificate to the Treasurer, and by the
surrender of such certificate, when the principal thereof, together with
accrued interest and costs of collection has been paid in full.
4. That this Ordinance shall take effect from and after its pas-
sage and approval as required by Law.
Passed by the City Council in regular session the 9th. , day of
November, A. D.1914. Approved this the 9 th. , day of November, A. D.1914. Cl rLril4'C a • / Mayor. - - rJ - Atte et:
City Sedret86ry,
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