HomeMy WebLinkAboutResolution - 122260B - Street Improvements - City Engineer - Avenue L From 34Th St. To 42Nd St. - 12_22_1960 t
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RESOLUTION
A RESOLUTICU PROVIDING FOR 1121ROVE1,aTT OF PORTM S & STRSE'TS,
HIGSIAYS, AVM UES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, A14D AW,G
THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATIOT,. OF PLANS LTD SPECIFICkflcuS
BE IT RESOLVED BY THE CITY C01,ZaSSIUE OF LUBBOCK, TE AS, THAT:
I.
Public necessity exists that the following portions of streets,
highwrays, avenues and/or alleys in the City of Lubbock and along the
boundaries thereof, be improved as herein provided, to-wit:
STREET FROM TO
Avenue L 34th Street 42nd Street
II.
Said portions of streets, highways, avenues and/or alleys 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 specif-
ications for such improvements.
IV.
Such improvements in each unit shall be paid for in the following
manner:
(a) Railways and street railways using, 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 f romt of such respective
property and a part of the remaining cost of such improvements, after deducting
the sums 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.
(c) The remaining cost of said improvements, after deducting the sums
finally assessed against railways and street railways under sub-paragraph
(a) hereof, and against abutting property and the owners thereof under sub-
paragraph (b) above, shall be paid by the City of Lubbock.
V.
The amounts 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 accep-
tance of the improvements in the unit in which the railway lies, by the City
Commission and shall bear interest from date due and until paid at the rate
of 6% per annum. 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 improvements 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 improvements 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 proiptly 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 liability for principal, interest, reasonable attorney'
fees and costs of collection, if incurred., all under and in accordance with
the Charter, and amendments thereto, now if force in this City, and in accord-
ance 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 22nd DAY OF DECEIZER, 1960.
David C. Casey, hayo
ATTEST,
Lavenia Lowe, Cit Secretary
Fred 0, Senter, Jr.., City Attorney
APPROVED:
a6h T. Nickerson, City Engineer