HomeMy WebLinkAboutResolution - 3924 - Declare Public Necessity For Paving Improvements, Directs CE To Prepare Plans - 07_09_1992Resolution No. 3924
July 9, 1992
Item #19
RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS,
HIGHWAYS, AVENUES AND/OR 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 COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT 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:
Alley (10, Wide)
Name
The East-West alley between 73rd Street and 74th Street
from Slide Road to Zoar Avenue
The East-West alley between 23rd Street and 24th Street from
Canton to 100' East of Elgin Avenue
SECTION 2. THAT said portions of alleys shall be improved by raising,
grading, and filling same, and by installing a ten (10) foot wide, 5"
minimum depth reinforced concrete strip in the center of the alley right-of-
way.
SECTION 3. THAT the City Engineer is hereby directed to prepare plans
and specifications for such improvements.
SECTION 4. THAT such improvements in each unit shall be paid for in
the following manner:
ALLEY IMPROVEMENTS
(a) The abutting property and owners thereof shall pay and shall be
assessed for a part of the remaining cost of such improvements
in the following manner: All property will be assessed ninety
(90) percent of the total construction cost. Said abutting
property and owners thereof shall pay and be assessed for the
cost of constructing alley paving improvements as specified
above, 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.
(b) The remaining cost of said improvements after deducting the sums
finally assessed against abutting property and the owners
thereof under subparagraph (a) above, shall be paid by the City
of Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by the
abutting property and the owners thereof shall be payable in five (5) equal
installations, the first of which shall become due on or before twenty (20)
days after completion and acceptance of the improvements in the unit on
which the property abuts by the City Council; the second, third, fourth and
fifth installments shall become due one, two, three, and four years
respectively after completion and acceptance of the improvements in the unit
upon which the property abuts, by the City Council and shall bear interest
from the date of completion and acceptance until paid, at the rate of eight
percent per annum on alley improvements, 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 of
certificate issued in evidence thereof, such default shall mature the entire
assessment upon which same is made.
SECTION 6. THAT 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 1105B, Revised
Civil Statutes of Texas as amended by Chapter 281 of the 52nd Legislature,
and most recent amended by Chapter 176 Acts of the 60th Legislature.
SECTION 7. THAT this Resolu on shal take effect and be in force
from and after its passage.
Passed by the City Council this 9th y 2.
e boya, pity secretary
APPROVED AS TO CONTENT:
I-TG
arry D. Hertel --City E gineer
APPR�i FVED TO R
J. W" rth fun ingim, Assistant
City Attorney
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agenda-D#2/ZoarAve.Res