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HomeMy WebLinkAboutResolution - 053155A - Paving Plans/Specs. - City Engineer - GWO 730 - 05/31/1955w G.W.O. 730 RESOLUTION A RESOLUTION PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF EAST BROAMAY FROM DATE AVENUE TO ZENITH AVENUE WITH THE OUTIMMOST CONCRETE CURB AND GUTTER IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING THE 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 East Broadway in the City of Lubbock, be improved as herein provided, to -wit: The North Side of East Broadway from its intersection with the West Property Line of Date Avenue to its intersection with the East Property Line of Zenith Avenue, known and designated as Unit Number 1790. The South Side of East Property from its intersection with the West Property Line of Date Avenue to its intersection with the East Property Line of Zenith Avenue, known and designated as Unit Number 1791. II. Said portions of East Broadwiq shall be improved by raising, grading and filling and widening same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with a hot mix asphaltic concrete surface. The improvements to be provided for herein consist only of the outermost curb and gutter of said portions of East Broadway. III. The City Engineer is hereby directed to prepare plans and specifica- tions for said outermost curb and gutter portion of such improvements. IV. Such curb and gutter in each unit shall be paid for in the following manner : (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing the curb and gutter abutting such respective property 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 aggre- gate 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.. 0531 SSA (b) The remaining cost of said curb and gutter improvements, after deducting the sums finally assessed, and against abutting property and the owners thereof under sub -paragraph (a) above, shall be paid by the City of Lubbock. v. 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 curb and gutter improvements in the unit on 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 six percent per annune 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 assess— ment 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 attorney's 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. PASSED AND APPROVED THIS 31ST DAY OF MAY, 1955. Murrel ippt ATTEST: W/401 City APPROVED: W. Be Holmes, City Engineer A&VED: Vaughn E. -Wilson, City Attorney