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HomeMy WebLinkAboutResolution - 110851C - Paving Improvements - City Engineer - Parts Of 33Rd St, & 38Th St, GWO 643 - 11_08_1951 I G.W.O. 643 110651C RESOLUTION A RESOLUTION PROVIDING FOP. MPROVEMENT OF PORTIONS OF 331M STREET & 38TH STREET IN THE CITY OF LUBBOCK, TEXAS, AND DIRECTING PREPARATION C(F PLAITS AND SPECIFICATIONS. BE IT F.ESOLVED BY THE CITY COr• aSSION OF LUBBOCK, TEXAS, THAT I given i ni. O . i ve Public necessity exists that the following portions of 33rd Street Engineer! & 38th Street in' the City of Lubbock be improved as herein provided, to wit: Deft . 11-23-51 33rd Street from WFL Avenue V to EEL Avenue W 38th Street from EPL Avenue N to E. Pay. L Avenue P II Said portions of 33rd Street and 38th Street shall be improved by raising, grading and filling 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 quadruple-asphaltic surface treatment (Penetration type). III The City Engineer is hereby directed to prepare plans and specifi- cations for such improvements, along with other such improvements to be desig- nated as General Work Order Ilumber 643. N Such improvements in each -unit shall be paid for in the following manner: _ (a) P-ailways and street railways usin , occupying or crossing any portion of said streets, highways, avenues and/or 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 owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a pa rt of the remaining cost of such improvements, after ded- ucting the suns 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 90% of the cost of the improvements plus the cost of the curb, 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. The remaining cost of said improvements, after deducting the suns finally assessed against railways and street railways under sub-paragraph (a) hereof, and against abutting property end the ozmers thereof under sub-paragraph (b) above, shall be paid by the City of Lubbock. V The mounts 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 acceptance of the improvements in the unit in trhich the railway lies, by the City Commission and shall bear interest from date due and until paid at the rate of 6N per annuza. The amounts assessed against and to be paid by the abutting property and the owner 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 improvement 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 im- provements 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 six 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 viability 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 affect and be in force from and after its passage. PASSED A_'D APPROVED THIS 8th day of November, 1951. Mayor ATT"AT: City Secreta AWQVED: V,. � � VL City Atkorney APPROVED: