HomeMy WebLinkAboutResolution - 5023 - Provides Improvements - City Engineer - Streets, Highways, Avenues &_Or Alleys - 11_09_1995Resolution No. 5023
November 9, 1995
Item #42
RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF
STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY, AND DIRECTING PREPA-
RATION 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 streets and
avenues in the City of Lubbock and along the boundaries thereof be improved as herein
provided, to -wit:
26th Street from LaSalle Avenue to Kewanee Avenue.
Frankford Avenue from Spur 327 to 50th Street.
66th Street from Frankford Avenue to Iola Avenue.
SECTION 2. THAT said portions of the above -described streets and avenues shall be
improved by raising, grading and filling same, by installing curbs and gutters, and by installing
base material and asphaltic concrete surface or concrete paving within the 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:
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(a) 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 part of the remaining cost of such improvements; provided, that such
part of the cost assessed to the abutting property or owners thereof will not
exceed ninety percent (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 to 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 installments, the first of which shall
become due on or before twenty (20) days after completion and acceptance by the City Council
of the improvements in the unit on which the property abuts; the second, third, fourth and fifth
installments shall become due one, two, three and four years respectively after completion and
acceptance by the City Council of the improvements in the unit upon which the property abuts,
and shall bear interest from the date of completion and acceptance until paid, at the rate of eight
percent (8%) 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 certificate of assessment 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 attorneys' fees and costs of
collection, if incurred, all under and in accordance with the Charter of the City of Lubbock and
amendments thereto, now in force in this City, and in accordance with the provisions of Article
I I05b, Revised Civil Statutes of Texas.
SECTION 7. THAT this Resolution shall take effect and be in force from and after its
passage.
Passed by the City Council this
ATTEST:
Betty A Johnso City Secretary
APPROVED AS TO CONTENT:
0
APPROVED AS TO FORM:
#ar�ol'd"W'ilUrd, Assistant City Attorney
HW is/26THSTRYRES
ccdocs/October 16, 1995
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