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HomeMy WebLinkAboutResolution - 022856A - Paving Policy For The COL - 02/28/195602' A RESOLUTION A resolution defining the paving policy of the City of Lubbock in regard to all paving on all streets and/or avenues within or along the City Limits and establishing the amount of the Cityf_s participation, and establish- ing the method of determining assessments, Whereas, the City Commission of the City of Lubbock has determined that the paving policy of the City of Lubbock needs revising in order to estab- lish just, fair and equitable assessments against all property, and., Whereas, the City Commission of the City of Lubbock has determined that the "front foot plan" is just, fair and equitable when the rates per foot are the same for the streets of the same width in the same paving project,and, Whereas, the terms and provisions of Chapter 106 of the Acts of the 40th Legislature of the State of Texas and amendments thereto., which have been adopted ag amendments to and ?rade a part of the Charter of the City of Lubbock give the lity the power to assess by Ordinance abutting property and owners thereof all or part of the cost ..df constructing, reconstructing, repairing and realigning; curbs, gutters and sidewalks and for a maximum of 90 percent of the cost of constructing, reconstructing, repairing and realigning paving improve- ments; therefore, BE IT RESOLVED BY THE CITY COTMISSION OF LUBBOCK, TEXAS THAT, all paving improvements constructed on any street and/or avenue along or within the City Limits of Lubbock, Texas must be constructed it accordance with the City's standard plans and specifications under the super- vision of the City Engineer and the distribution of costs shall be in accordant with the following provisions. 1A. Definition: The words abutting property as used herein shall mean property abutting; the improvement including but not limited to property abutting the night-of-way upon which the improvement is being made, II. THAT, the entire cost of the ,concrete curb and gutter parallel to and abutting the property and of the same length as the property it abuts as differentiated from center island or median curbs be assessed against the abutting property and the owners thereof, such concrete curb and gutter to be referred to hereinafter as "property owner curb." III. THAT, ninety percent (90%) of the entire paving cost, exclusive of the "property owner curb,tt be assessed against all front abutting property and b a r -by, A !AVIV Alk the owners thereof and against all side abutting property and the owners thereof where the abutting property is zoned for commercial or manufacturing purposes or where said side abutting property is zoned for residential purposes and is occupied by a commercial or manufacturing usage. Front abutting property for assessment purposes is that along the shorter side of a lot, and side abutting property is that along the longer side of a lot. The rate per foot to the abutting property as determined by the above cost distri- bution is to be referred to as the "front foot rate." IV. THAT, sixty percent (60%) of the entire paving cost, exclusive of the "property owner curb," be assessed against all side abutting property and the owners thereof where the side abutting property is zoned for resident purposes, and if occupied, is occupied by a residential usage. The rate per foot to the abutting property as determined by the above cost distribution is to be referred to as the "side foot rate." V. THAT, the method to be used, on a paving project to determine the "front and side foot rates" and property assessments as set forth above is as follows: 1. All streets of identical into a single Unit, and. identical width shall be particular Unit. 2. The "total project cost" of the various items of of the Unit as bid plus cost for engineering. width are to be grouped together the various individual streets of designated as Sub units of their of a Unit includes the total cost work contributed from all Sub units five percent (5%) of said contract 3. From the "total project cost" the "property owner curb" will be deducted at the rate established by the contractorts bid price per linear foot for concrete curb and gutter and/or concrete gutter plus five percent (5%) engineering.("Property Owner curb" does not include that curb and/or gutter along side and across alley returns nor all of the curb radii). If there is a railway crossing in the Unit, the charges assessable directly, to the railway company at bid prices plus five percent (5%) will also be deducted. 4. The amount after making the above deductions will be termed the "cost excluding property owner curb costs and railroad crossing costs" referred to herein as amount "A". 5. The "front foot rate" is amount "A" less 10% of amount "A" divided by the total footage of all property abutting all Sub units making up the entire Unit. 6. The "side foot rate" is 2/3 of the above rate. 7. Part of the total cost to be assessed against each parcel of property abutting the improvements in each Unit will be determined by multiplying the abutting footage of each parcel of property by either of the above rates or by a combination of the above rates, whichever is applicable. This cost will be referred to herein as the "property owner paving cost." 8. The total cost to be assessed against each parcel of property abutting the improvements in each Unit is the 'Sum of the "property owner paving cost! and the "property owner curb cost", the latter being set forth in sub paragraph (2) of this Faragraph V and in Paragraph II. VI. THAT, the _above provisions do not apply to the distribution of the paving costs of streets and/or avenues within new subdivisions or of the abut- ting half of the streets and/or avenues bordering new subdivisions which are recorded in accordance with the provisions of Ordinance 1331, "New Subdivision Regulations" and amendments thereto. The City's cost on all streets and/or avenues, or on all portions thereof, within or bordering said new subdivisions other than those required to be greater than 36 feet by the Master Thoroughfare Plan in residential zones or greater than 58 feet in commercial or manufacturing zones shall be the cost of the engineering involved, including plans and speci- fications, costs and estimates, staking, supervision and inspection. VII. THAT, streets and/or avenues bordering a new subdivision which are designated by the Master Thoroughfare Plan as major streets or greater be im- proved,along the new subdivision side with curb and gutter and with paving not less than thirty (30) feet in width, such construction being known as the first improvement stage. That where the bordering streets and/or avenues are collec- tor or residential streets, the construction of which is a single stage opera- tion, that money in the amount based upon the,City Engineerts estimate must be deposited in escrow by the subdivider for his portion of the cost of one-half of the width of future pavement in order to meet the provisions of Ordinance 1331 and amendments thereto. The paving of these streets and/or avenues for which money is deposited in escrow, shall be accomplished as soon as any remain. right-of-way is secured if needed and the remaining half of the streets and/ or avenues paving cost is secured either by another escrow deposit or by assess• ment proceedings. VIII. THAT, the City Engineerts estimate of the money deposited in escrow by the subdivider for his portion of the cost of one-half of the width of future paving improvements, referred to above, shall be based on current bid prices at the time the estimate is made. No adjustment shall be made either to the City or to the subdivider in case of variation between the actual successful bid prices received at the time of award of contract and the estimated bid prices. Similarly, no adjustment shall be made! either to the City or to the subdivider in case of variation between the actual quantities of improvements constructed and the estimatedquantities of improvements to be constructed. The Cityts Budget Funds will be credited or 'charged with any difference between estimated and actual costs at the time of the acceptance of the actual improvements, and no monetary adjustment shall be made t8 the subdivider. This escrow money shall be kept in a special account by the ity Auditor and shall not be re- leased to the Cityt,s General Fund until the paving improvements have been com- pleted and accepted by the City Commission. IX. THAT, the City will pay for the entire cost of the additional width above thirty-six (36) feet required by the Master Thoroughfare Plan on streets and/or avenues abutting property zoned, and if occupied, used for residential purposes and the City will pay for the entire cost of the addition- al width above fifty eight (58) feet required by the Master Thoroughfare Plan on streets and/or avenues abutting property zoned for commercial'or manufactur- ing purposes. !f THAT, when it is determined necessary by the City Commission to widen existing pavements which have beee constructed in accordance with City standard plans and specifications, the ity shall pay all of the costs of such widening in residential zones. In commercial or manufacturing zones the City shall pay the entire cost of the new curb and gutter and the cost of recon- structing the width of the existing pavement if necessary. The commercial and/ or manufacturing property abutting the widening shall pay for all of the in- creased width required up to a maximum of fifty-eight (58) feet total street width. XI. THAT, when the property owners request the widening of a street not determined by the City Commission as a necessary improvement, the same policies of cost distribution shall apply as set forth hereinbefore for the initial paving of streets that are not provided for in new subdivisions. (See Paragraphs II through V.) XII, All streets are to be paved to the widths designated on the Master Thoroughfare Plan unless otherwise specifically designated by the City Commis- sion of the �ity of Lubbock, Texas. In no case shall any street be paved less than 36 feet in.width without specific authorization from the City Commission. XIII. THAT, where the City Commission finds that extraordinary hardships may result from strict compliance with this policy, the policy may be varied so that substantial justice may be done and the public interest served, pro- viding that such variation will not have the effect of nullifying the intent and purpose of this policy. age. XIV. This resolution shall take effect and be in force and after its PASSED AND APPROVED THIS28t)3 DAY OF February 1956. M� Tr ' , or 1 11,0 City retary . E. Wilson, City Attorney