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HomeMy WebLinkAboutResolution - 2000-R0008 - Accept Improvements On 1997 Assessment Paving Program - 01/13/2000Resolution No. 2000-80008 Jan. 13, 2000 Item No. 23 RESOLUTION A RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1997 ASSESSMENT PAVING PROGRAM AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED WHEREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into a contract with the State of Texas through Texas Department of Transportation for the making and construction of paving improvements in said City, including the following: 82' Street from Frankford Avenue West to the City limits, Unit No. 2386-002 WHEREAS, the construction of the above improvements on the above-mentioned streets and alley were performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with said Contract; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor and City Secretary BE and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the street listed above and against the owners of such property in accordance with law and in the manner provided in said Contract and the proceedings with reference to said improvements and assessments where such assessments were levied. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13thday of January 2000. 44Y1410; ?N&, 6O ATTEST: .kamtb�:a 02�lt� KaythiS Darnell t City Secretary APPROVED AS TO CONTENT: Larry D. Hertel City Engineer APPROVED AS TO FORM: &�ain�--- 4 /P `^ William de Haas Competition and Contracts Manager/Attorney Uccdocs/ImprovementsfO Mssessment.Res Dec. 13,1999 Number 1 STATE OF TEXAS Resolution No. 2000-R 0008 Jan. 13, 2000 Item No. 23 Dollars $13,662.00 PAID IN FULL ON 12/6/99 COUNTY OF LUBBOCK § ACCTING. DEPT. MISC. RECEIPT NO. 125895 CITY OF LUBBOCK, TEXAS CERTIFICATE OF SPECIAL ASSESSMENT THIS IS TO CERTIFY: That by virtue of an ordinance duly passed by the governing body of the City of Lubbock, Lubbock County, State of Texas (the "City"), (Ordinance No. 10097) passed on the 14th day of January, 1999, (the "Ordinance") and by virtue of other proceedings held in connection to this assessment as required by law, the City levied an assessment for street improvements in the sum of Thirteen Thousand Six Hundred Sixty Two and 00/100 Dollars ($13,662.00) against property situated in said City, County and State, and fronting 1265.00 feet on the North side of 82nd Street from Frankford Avenue West to the City limits, which said property is more particularly described as follows: Unit: 2386-002 Beginning at the Southeast corner of this tract which bears North 00 degrees 01 minute 43 seconds East a distance of 55.00 feet and North 89 degrees 55 minutes 20 seconds West a distance of 55.00 feet from the Southeast comer of Section 29, Block A -K, Lubbock County, Texas; Thence North 89 degrees 55 minutes 20 seconds West along the present North right of way line of 82nd Street a distance of 1265.00 feet to a point; Thence North 00 degrees 01 minute 43 seconds East along the present East right of way line of Homestead Avenue a distance of 150.00 feet to a point; Thence South 89 degrees 55 minutes 20 seconds East parallel to the present North right of way line of 82nd Street a distance of 1265.00 feet to a point in the present West right of way line of Frankford Avenue; Thence South 00 degrees 01 minute 43 seconds West along the present West right of way line of Frankford Avenue to the Point of Beginning. (the "Property") and against the true Property owner : United Supermarkets, Inc. P O Box 6840; Lubbock, Tx 79493 That this assessment is payable to the order of the City of Lubbock or its successors or assigns, in Lubbock, Lubbock County, Texas, in five annual installments as follows: 1. $2,732.40 — February 14, 2000 4. $2,732.40 — February 14, 2003 2. $2,732.40 — February 14, 2001 5. $2,732.40 — February 14, 2004 3. $2,732.40 — February 14, 2002 together with interest from said date at the rate of eight (8%) percent per annum, payable annually with each principal installment, as provided above. The Property owner or owners may prepay all or any part of the principal sum at any time provided all accrued interest shall be paid up to date of the prepayment. If in the event of default in the payment of the principal or interest installments as set forth above, the owner and holder of this Certificate and the underlying obligation, may at its option, at once and without notice, mature the full amount of principal and declare the same due and payable with accrued interest, reasonable attorney's fees and costs of collection, if incurred. That all proceedings undertaken to make such improvements have been conducted in compliance with Subchapter D of Chapter 314 of the Texas Transportation Code, the resolutions and ordinances of the City, and the terms of this Certificate. All prerequisites to the fixing of the assessment lien against said property and the personal liability of the Property owner or owners have been properly performed. That the City has completed improvements as required and has accepted said improvements by ordinance or resolution duly adopted. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a first and priority lien upon the Property from the date the improvements were ordered, except as to lawful state, county, school district and city ad valorem taxes. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a personal liability and shall be charged against the true owners of the Property as provided by law, whether correctly named or not. That the sums evidenced by this Certificate may be paid to the City or other legal holders, who shall provide a receipt evidencing the payment of said sums upon demand. When the full amount due according to this Certificate has been paid, the City or other legal holder shall surrender this Certificate to the Property owner. That upon default in the payment of any installment of principal or interest and upon the maturity of the obligation as provided above, the lien against the Property and the personal liability of the Property owner or owners may be enforced by suit in any court having jurisdiction or by sale of the Property which shall be assessed as provided by law. Upon the request of any assignee of this Certificate, and when there is default in the payment of any installment of principal or interest and the maturity of the obligations as above described occurs, the City will exercise its powers to enforce and collect this Certificate by suit in its own name for the benefit of the legal holders of this Certificate. Under said circumstances, the City will take all actions required to enforce the lien created against the Property and the personal liability of the Property owner or owners by suit or by sale of the Property assessed in the same manner as provided by law for sale of property for ad valorem city taxes. The City agrees that the necessary proceedings will be promptly instituted and carried to completion by it, provided; however, the City shall not in any manner be liable for the payment of any sums due and payable under the terms of this Certificate. SIGNED HIS 13th day of January , 20 00 WIRDWIRDR SITT MAYOR ATTEST: Kaythie arnell, City Secretary U, E�- 1 a,lvZ A WAPPRO D AS TO CONTENT: APPROVED AS TO FORM: Larry D. H rtel, City Engineer William de Haas Competition and Contracts Manager/Attorney FOR VALUE received, the CITY OF LUBBOCK, does assign this Certificate, ,the indebtedness, the lien, and remedies for their enforcement evidenced thereby to: CITY OF LUBBOCK BY: Number 2 STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK, TEXAS CERTIFICATE OF SPECIAL ASSESSMENT Resolution No. 2000—R 0008 Jan. 13, 2000 Item No. 23 Dollars $629.48 THIS IS TO CERTIFY: That by virtue of an ordinance duly passed by the governing body of the City of Lubbock, Lubbock County, State of Texas (the "City"), (Ordinance No. 10097) passed on the 14th day of January, 1999, (the "Ordinance") and by virtue of other proceedings held in connection to this assessment as required by law, the City levied an assessment for street improvements in the sum of Six Hundred Twenty Nine and 48/100 Dollars ($629.48) against property situated in said City, County and State, and fronting 157.37 feet on the North side of 82nd Street from Frankford Avenue West to the City limits, which said property is more particularly described as follows: Unit: 2386-002 Beginning at the Southeast corner of this tract which bears North 00 degrees 01 minute 43 seconds East a distance of 55.00 feet and North 89 degrees 55 minutes 20 seconds West a distance of 1380.04 feet from the Southeast corner of Section 29, Block A -K, Lubbock County, Texas; Thence North 89 degrees 55 minutes 20 seconds West along the present North right of way line of 82".° Street a distance of 157.37 feet to a point; Thence North 00 degrees 01 minute 43 seconds East a distance of 100.00 feet to a point; Thence South 89 degrees 55 minutes 20 seconds East parallel to the present North right of way line of 82"d Street a distance of 157.37 feet to a point in the present West right of way line of Homestead Avenue; Thence South 00 degrees 01 minute 43 seconds East along the present West right of way line of Homestead Avenue a distance of 100.00 feet to the Point of Beginning. (the "Property") and against the true Property owner : Greek Orthodox Church P O Box 93705; Lubbock, Tx 79493 That this assessment is payable to the order of the City of Lubbock or its successors or assigns, in Lubbock, Lubbock County, Texas, in five annual installments as follows: 1. $125.89 — February 14, 2000 4. $125.90 — February 14, 2003 2. $125.89 — February 14, 2001 5. $125.90 — February 14, 2004 3. $125.90 —February 14, 2002 together with interest from said date at the rate of eight (8%) percent per annum, payable annually with each principal installment, as provided above. The Property owner or owners may prepay all or any part of the principal sum at any time provided all accrued interest shall be paid up to date of the prepayment. If in the event of default in the payment of the principal or interest installments as set forth above, the owner and holder of this Certificate and the underlying obligation, may at its option, at once and without notice, mature the full amount of principal and declare the same due and payable with accrued interest, reasonable attorney's fees and costs of collection, if incurred. That all proceedings undertaken to make such improvements have been conducted in compliance with Subchapter D of Chapter 314 of the Texas Transportation Code, the resolutions and ordinances of the City, and the terms of this Certificate. All prerequisites to the fixing of the assessment lien against said property and the personal liability of the Property owner or owners have been properly performed. That the City has completed improvements as required and has accepted said improvements by ordinance or resolution duly adopted. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a first and priority lien upon the Property from the date the improvements were ordered, except as to lawful state, county, school district and city ad valorem taxes. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a personal liability and shall be charged against the true owners of the Property as provided by law, whether correctly named or not. That the sums evidenced by this Certificate may be paid to the City or other legal holders, who shall provide a receipt evidencing the payment of said sums upon demand. When the full amount due according to this Certificate has been paid, the City or other legal holder shall surrender this Certificate to the Property owner. That upon default in the payment of any installment of principal or interest and upon the maturity of the obligation as provided above, the lien against the Property and the personal liability of the Property owner or owners may be enforced by suit in any court having jurisdiction or by sale of the Property which shall be assessed as provided by law. Upon the request of any assignee of this Certificate, and when there is default in the payment of any installment of principal or interest and the maturity of the obligations as above described occurs, the City will exercise its powers to enforce and collect this Certificate by suit in its own name for the benefit of the legal holders of this Certificate. Under said circumstances, the City will take all actions required to enforce the lien created against the Property and the personal liability of the Property owner or owners by suit or by sale of the Property assessed in the same manner as provided by law for sale of property for ad valorem city taxes. The City agrees that the necessary proceedings will be promptly instituted and carried to completion by it, provided; however, the City shall not in any manner be liable for the payment of any sums due and payable under the terms of this Certificate. SIGNED THIS 13th day o January -,20 00 DY SITTO V, ATTEST: Kaythie lbarnell, City Secretary APPR D AS O CONTENT: APPROVED AS TO FORM: Larry D. H tel, City Engineer William de Haas Competition and Contracts Manager/Attorney FOR VALUE received, the CITY OF LUBBOCK, does assign this Certificate, the indebtedness, the lien, and remedies for their enforcement evidenced thereby to: CITY OF LUBBOCK BY: Resolution No. 2000—R 0008 Jan. 13, 2000 Item No 23 Number 3 Dollars $4,267.36 STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK, TEXAS CERTIFICATE OF SPECIAL ASSESSMENT THIS IS TO CERTIFY: That by virtue of an ordinance duly passed by the governing body of the City of. Lubbock, Lubbock County, State of Texas (the "City"), (Ordinance No. 10097) passed on the 14th day of January, 1999, (the "Ordinance") and by virtue of other proceedings held in connection to this assessment as required by law, the City levied an assessment for street improvements in the sum of Four Thousand Two Hundred Sixty Seven and 36/100 Dollars ($4,267.36) against property situated in said City, County and State, and fronting 1066.84 feet on the North side of 82nd Street from Frankford Avenue West to the City limits, which said property is more particularly described as follows: Unit: 2386-002 Beginning at the Southeast corner of this tract which bears North 00 degrees 01 minute 43 seconds East a distance of 55.00 feet and North 89 degrees 55 minutes 20 seconds West a distance of 1537.42 feet from the Southeast comer of Section 29, Block A -K, Lubbock County, Texas; Thence North 89 degrees 55 minutes 20 seconds West along the present North right of way line of 82nd Street a distance of 1066.84 feet to a point in the present East right of way line of Iola Avenue; Thence North 00 degrees 05 minutes 00 seconds East along the present East right of way line `of fola�Avenue a distance of 100.00 feet to a point of intersection; Thence South 89 degrees 55 minutes 20 seconds East parallel to the present North right of way line of 82nd Street a distance of 1066.84 feet to a point; Thence South 00 degrees 01 minute 43 seconds West a distance of 100.00 feet to the Point of Beginning. (the "Property") and against the true Property owner : Cornerstone Bible Church P O Box 64356; Lubbock, Tx 79464 That this assessment is payable to the order of the City of Lubbock or its successors or assigns, in Lubbock, Lubbock County, Texas, in five annual installments as follows: 1. $853.48 — February 14, 2000 4. $853.47 — February 14, 2003 2. $853.47 — February 14, 2001 5. $853.47 — February 14, 2004 3. $853.47 — February 14, 2002 together with interest from said date at the rate of eight (8%) percent per annum, payable annually with each principal installment, as provided above. The Property owner or owners may prepay all or any part of the principal sum at any time provided all accrued interest shall be paid up to date of the prepayment. If in the event of default in the payment of the principal or interest installments as set forth above, the owner and holder of this Certificate and the underlying obligation, may at its option, at once and without notice, mature the full amount of principal and declare the same due and payable with accrued interest, reasonable attorney's fees and costs of collection, if incurred. That all proceedings undertaken to make such improvements have been conducted in compliance with Subchapter D of Chapter 314 of the Texas Transportation Code, the resolutions and ordinances of the City, and the terms of this Certificate. All prerequisites to the fixing of the assessment lien against said property and the personal liability of the Property owner or owners have been properly performed. That the City has completed improvements as required and has accepted said improvements by ordinance or resolution duly adopted. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a first and priority lien upon the Property from the date the improvements were ordered, except as to lawful state, county, school district and city ad valorem taxes. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a personal liability and shall be charged against the true owners of the Property as provided by law, whether correctly named or not. That the sums evidenced by this Certificate may be paid to the City or other legal holders, who shall provide a receipt evidencing the payment of said sums upon demand. When the full amount due according to this Certificate has been paid, the City or other legal holder shall surrender this Certificate to the Property owner. That upon default in the payment of any installment of principal or interest and upon the maturity of the obligation as provided above, the lien against the Property and the personal liability of the Property owner or owners may be enforced by suit in any court having jurisdiction or by sale of the Property which shall be assessed as provided by law. Upon the request of any assignee of this Certificate, and when there is default in the payment of any installment of principal or interest and the maturity of the obligations as above described occurs, the City will exercise its powers to enforce and collect this Certificate by suit in its own name for the benefit of the legal holders of this Certificate. Under said circumstances, the City will take all actions required to enforce the lien created against the Property and the personal liability of the Property owner or owners by suit or by sale of the Property assessed in the same manner as provided by law for sale of property for ad valorem city taxes. The City agrees that the necessary proceedings will be promptly instituted and carried to completion by it, provided; however, the City shall not in any manner be liable for the payment of any sums due and payable under the terms of this Certificate. SIGNED THIS 13th day of January —'20 00 . &Z 41 WI DY SITTO MAYOR ATTEST: AOL a�. tip �� Kaythie barnell, City Secretary APPROV AS TO CONTENT: APPROVED AS TO FORM: D. `,�. /� Larry D. ertel, City Engineer William de Haas Competition and Contracts Manager/Attorne FOR VALUE received, the CITY OF LUBBOCK, does assign this Certificate, the indebtedness, the lien, and remedies for their enforcement evidenced thereby to: CITY OF LUBBOCK BY: Number 7 Resolution No. 2000-R0008 Jan. 13, 2000 Item No. 23 Dollars $12,963.35 STATE of TEXAS § $2,642.65 WAS PAID BY ECKERD DRUGS FOR COUNTY.OF LUBBOCK § 244.69 FEET SOLD AND RELEASED 11/16/99 CITY OF LUBBOCK, TEXAS -CERTIFICATE OF SPECIAL ASSESSMENT THIS IS TO CERTIFY: That by virtue of an ordinance duly passed by the governing body of the City of Lubbock, Lubbock County, State of Texas (the "City"), (Ordinance No. 10097) passed on'the 14th day of January, 1999, (the "Ordinance") and by virtue of other proceedings held in connection to this assessment as required by law, the City levied an assessment for street improvements in the sum of Fifteen Thousand Six Hundred and Six and 00/100 Dollars ($15,606.00) against property situated in said City, County and State, and fronting 1445.00 feet on the South side of 82nd Street from Frankford Avenue West to the City limits, which said property is more particularly described as follows: Unit: 2386-002 Beginning at the Northeast corner of this tract which bears North 89 degrees 54 minutes 20 seconds West a distance of 55.00 feet and South 00 degrees 01 minutes 35 seconds East a distance of 55.00 feet from the Northeast corner of Section 28, Block A -K, Lubbock County, Texas; Thence South 00 degrees 01 minute 35 seconds East along the present West right of way line of Frankford Avenue a distance of 150.00 feet to a point; Thence North 89 degrees 54 minutes 20 seconds West parallel to the present South right of way line of 82nd Street a. distance of 1445.00 feet to a point; Thence North 00 degrees 01 minute 35 seconds West a distance of 150.00 feet to a point in the present South right of way line of 82nd Street; Thence South 89 degrees 54 minutes 20 seconds East along the present South right of way line of 82nd Street a distance of 1445.00 feet to the Point of Beginning. (the "Property") and against the true Property owner: Lubbock Land Co. Invest. Ptrshp. Ltd. 8200 C Nashville Avenue, #105; Lubbock, Tx 79423 That this assessment is payable to the order of the City of Lubbock or its successors or assigns, in Lubbock, Lubbock County, Texas, in five annual installments as follows: 1. $2,592.67 — February 14, 2000 4. $2,592.67 — February 14, 2003 2. $2,592.67 — February 14, 2001 5. $2,592.67 — February 14, 2004 3. $2,592.67 — February 14, 2002 together with interest from said date at the rate of eight (8%) percent per annum, payable annually with each principal installment, as provided above. The Property owner or owners may prepay all or any part of the principal sum at any time provided all accrued interest shall be paid up to date of the prepayment. If in the event of default in the payment of the principal or interest installments as set forth above, the owner and holder of this Certificate and the underlying obligation, may at its option, at once and without notice, mature the full amount of principal and declare the same due and payable with accrued interest, reasonable attorney's fees and costs of collection, if incurred. That all proceedings undertaken to make such improvements have been conducted in compliance with Subchapter D of Chapter 314 of the Texas Transportation Code, the resolutions and ordinances of the City, and the terms of this Certificate. All prerequisites to the fixing of the assessment lien against said property and the personal liability of the Property owner or owners have been properly performed. That the City has completed improvements as required and has accepted said improvements by ordinance or resolution duly adopted. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a first and priority lien upon the Property from the date the improvements were ordered, except as to lawful state, county, school district and city ad valorem taxes. That pursuant to the above described ordinance and proceedings, the assessment together with interest, reasonable attorney's fees and cost of collection, if incurred, is declared to be, and is by law, a personal liability and shall be charged against the true owners of the Property as provided by law, whether correctly named or not. That the sums evidenced by this Certificate may be paid to the City or other legal holders, who shall provide a receipt evidencing the payment of said sums upon demand. When the full amount due according to this Certificate has been paid, the City or other legal holder shall surrender this Certificate to the Property owner. That upon default in the payment of any installment of principal or interest and upon the maturity of the obligation as provided above, the lien against the Property and the personal liability of the Property owner or owners may be enforced by suit in any court having jurisdiction or by sale of the Property which shall be assessed as provided by law. Upon the request of any assignee of this Certificate, and when there is default in the payment of any installment of principal or interest and the maturity of the obligations as above described occurs, the City will exercise its powers to enforce and collect this Certificate by suit in its own name for the benefit of the legal holders of this Certificate. Under said circumstances, the City will take all actions required to enforce the lien created against the Property and the personal liability of the Property owner or owners by suit or by sale of the Property assessed in the same manner as provided by law for sale of property for ad valorem city taxes. The City agrees that the necessary proceedings will be promptly instituted and carried to completion by it, provided; however, the City shall not in any manner be liable for the payment of any sums due and payable under the terms of this Certificate. " SIGNED THIS 13th day o January , 2000 WINDY SITTON YO ATTEST: ' UMTla Kaythie barnell. City Secretary r� APPROV AS TO CONTENT: APPROVED AS TO FORM: 6Larry D. H rtel, City Engineer William de Haas Competition and Contracts Manager/Attorney FOR VALUE received, the CITY OF LUBBOCK, does assign this Certificate, the indebtedness,, the lien, and remedies for their enforcement evidenced thereby to: CITY OF LUBBOCK BY: