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HomeMy WebLinkAboutResolution - 080962A - Alley Improvements - City Engineer - GWO 2775 - 08/09/1962n G.W.O. 2775 bgoq(&Ar RES OLUT ION A RESOLUTION PROVIDING FOR 'IMPROVEMENT OF PORTIONS OF ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: The North-South alley between Avenue "G" and Avenue "H" from 17th Street to 18th Street. The East-West alley between 34th and 35th Streets from Vicksburg Avenue West 1001. II. Said portions of alleys shall be improved by raising, grading and filling same, by installing a ten (10) foot wide concrete strip, five inches thick with wire mesh reinforcing. The City Engineer is hereby directed to prepare plans and specifica- tions for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (b) The abutting property and the owners thereof shall be assessed for alley paving in the following manner. Alleys to be improved which are residential on both sides will be assessed for fifty (50)% of the cost and the alleys, where there are commercial or semi -commercial usage or zones on one side and residential property on the other side, the residential property will not be assessed unless the use is other than R-1, if it is R-2 will be assessed fifty (50)% of the cost and if it is R-3 it will be assessed for ninety (90)% of the cost, like commercial, if use is not contrary to the zonin said owners of abutting property shall pay and shall be assessed for all the cost of constructing said alley paving adjacent to such respective property an a part of the remaining cost of such improvements, after deducting the sum to be paid by the railways under sub -paragraph (a) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed ninety (90)% of the cost of the improvement and further provided that if it shall appear at the hearing to be had before final assessment is made that the special benefits to such property by way,of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub- paragraph (b) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten days after acceptanc of the improvements in the unit in which the railway lies, by the City Commis- sion and shall bear interest from date due and until paid at the rate of 7% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments; the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Commission; the second and third one and two years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Commission, and shall bear interest from the date of completion and acceptance until paid, at the rate of seven percent per annum, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneys fees and costs of collection, if incurred, all under and in accordance with the Charter,'and amendments thereto, now in force in this city, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature. VII. This resolution shall take effect and be in force from and after its passage. r PASSED AND APPROVED THIS 9TH DAY OF AUGUST, 1962. APPROVED: xed 0. Senter, Jr., C At rney "PROVEDD': ,q -L T. Hickerson, City Engineer