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HomeMy WebLinkAboutResolution - 071361K - Paving Policy Of The COL Regarding All Paving Within Or Along City Limits - 07_13_1961 Fnc: g RESOLUTION A RESOLUTION DEFINING THE PAVING POLICY OF THE CITY OF LUB- BOCK IN REGARD TO ALL PAVING ON ALL STREETS AND/OR AVENUES WITHIN OR ALONG THE CITY LIMITS AND ESTABLISHING THE AMOUNT OF THE CITYTS PARTICIPATION, AND ESTABLISHING THE METHOD OF DETER- MINING ASSESSMENTS. WHEREAS, the City Commission of the City of Lubbock finds that due to changing conditions that it is necessary and advisable to revise the paving policy of the City of Lubbock as heretofore established by Resolution dated the 28th day of February , 1956 in order to establish just, fair and equitable assessmen against all property located within the boundaries of the City of Lubbock; and, i j WHEREAS, the City Commission of the City of Lubbock has determined that i the "front foot plan" is just, fair and equitable when the rates per foot are the same for the streets of the same width in the same paving project; and, WHEREAS, the terms and provisioas of Chapter 106 of the Acts of the 40th Legislature of the State of Texas and amendments thereto, which have been adopte as amendments to and made a part of the Charter of the City of Lubbock give the City the power to assess by Ordinance abutting property and owners thereof all or part of the cost of constructing, reconstructing, repairing and realigning curbs, gutters and sidewalks and fora maximum of 90 percent of the cost of constructing, reconstruction, repairing and realigning paving improvements; NOW THEREFOR BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: s 1. I THAT all paving improvements constructed on.any street arryor avenue along or within the City Limits of Lubbock, Texas, must be constructed in accordance with the Cityts standard plans and specifications under the supervision of the City Engineer and the distribution of costs shall be in accordance with the following provisions: _ IA. Definition: The words abutting property as used herein shall mean property abutting the improvement including but not limited to property abutting the right-of-way upon which the improvement is being-made. IL THAT, the entice cost of the concrete curb and gutter parallel to and abuttin the property and of the same length-as the property it abuts as differentiated from center island or median curbs be assessed against the abutting property and the I owners thereof, such concrete curb and gutter to be referred to hereinafter as "property owner curb. 3 III. s THAT, ninety percent (90%) of the entire paving cost, exclusive of the "property owner curb, ', be assessed against all front abutting property and the owners thereof and against all side abutting property and the owners thereof where the abutting property is zoned for commercial or manufacturing purposes or where said side abutting property is zoned for residential purposes and is occupied by a commercial or manufacturing usage. Front abutting property for assessment pur- poses is that along the shorter side of a lot, and side abutting property is that aloall the longer side of a lot. The'rate per foot to the abutting property as determined 100 by the above cost distribution is to be referred to as the "front foot rate. " �{ IV. THAT, sixty percent (6016) of the entire paving cost, exclusive of the "Pro- perty owner curb, " be assessed against all side abutting property and the ownrrs thereof where the side abutting property is zoned for residential purposes, and if occupied, is occupied by a residential usage. The rate per foot to the abutting property as determined by the above cost distribution is to be referred to as the "side foot rate. " V. THAT, the method to be used on a paving project to determine the "front and side foot rates" and property assessments as set forth above is as follows: 1. All streets of identical width are to be grouped together into a single Unit, and the various individuals streets of identi- cal width shall be designated as Sub-units of their particular Unit. 2. The "total project cost" of a Unit includes the total cost of the various items of work contributed from all Sub-units of the Unit as bid plus five percent (576) of said contract cost for engineer. 3. From the "total project cost' the "property owner curb" will i be deducted at the rate established by the contractorts bid price per linear foot for concrete curb and getter and/or con- crete gutter plus five percent (576) engineering. ("Property 1 owner curb" does not include that curb and/or gutter along side and across alley returns nor all of the curb radii). If there is a railway crossing in the Unit, the charges assessable directly to the railway company at bid prices plus five percent (576) will also be deducted. i 4. The amount after malting the above deductions will be termed the "cost excluding property owner curb costs and railroad crossing costs" referred to herein as amount "A". 5. The 'front foot rater' is amount "A" less 1016 of amount "A" divided by the tda.l footage of all property abutting all Sub- { i units making up the entire Unit. u 6. The "side foot rate" is 2/3 of the above rate:' f 7. Part of the total cost to be assessed against each parcel of property abutting the improvements in each Unit will be '. determined by multiplying the abutting footage of each parcel of property by either of the above rates or by a combination 1'J of the above rates, whichever is applicable. This cost will j be referred to herein as the "property owner paving cost. " 8. The Total cost to be assessed against each parcel of property I� abutting the improvements in each Unit is the sum of the "property owner paving cost" and the "property owner curb cost, " the latter being set forth in sub-paragraph (2) of this Paragraph V and in Paragraph II. r i j VI. I THAT, the above provisions do not apply to the distribution of the paving j costs of streets and/or avenues within new subdivisions or of the abutting half of the streets and/or avenues bordering new subdivisions which are recorded in accordance with the provisions of Ordinance 1331, "New Subdivisions Regulations'' and amendments thereto. The Cityts cost on all streets and/or avenues, or on all portions thereof, within or bordering said new subdivisions other than those re- quiri--d to be greater than 36 feet by the Master Thoroughfare Plan in residential zones or greater than 58 feet in commercial or manufacturing zones shall be the cost of the engineering involved, including plans and specifications, costs and estimates, staking, supervision and inspection. VII. THAT, streets and/or avenues bordering a new subdivision that are design- ated by the master thoroughfare plan as major streets or streets of greater widths than major streets, be improved with the development of new subdivisions by the construction of curb and gutter and paving of a width not less than 30 feet with suc construction to be known as the first stage of the paving improvement for such street. s � VIII. I THAT, where' the bordering streets and/or avenues are collector or C I residential streets having a width of 42 feet or less of paving, that the developer j -may-�at<the Cityts discretion construct the curb and gutter and one-half of the pro- posed paving or place in deposit with the City, the estimated cost of such improve i ments with the improvements to be constructed with the additional right-of-way is available and when the cost of the other half. of the paving has been secured by another escrow deposit or by assessment proceedings. One-half of a residential street shall only be constructed when the right-of-way for the other half cannot be obtained and when such construction will not cause a drainage problem. IX. i THAT, the City Engineerts estimate of the money to be deposited by the j developer in escrow for paving that cannot be constructed shall be based on the current bid prices for comparable assessment paving at the time bids are receive i. No adjustment shall be made either to the City or to the subdivider in a case of variation between the actual successful bid prices received at the time of the awar of the contract and the estimated prices used determining the amount of the escrow Similarly, no adjustment shall be made either to the City or to the subdivider in th case of variations between the actual quantities of improvements constructed and the estimated quantities of improvements to be constructed. Cityts budget fund can be credited or charged with any difference between the estimated and actual cost at the time of the acceptance of the actual improvements. No monetary ad- justment shall be made to the subdivider. The escrow money shall be kept in special account by the City Auditor and shall not be released to the Cityts General Fund until the improvements have been completed and accepted by the City Commi - sion. I X. I THAT, the City will pay for the entire cost of the additional width about 36 —� feet required by the Master Thoroughfare plan on streets and/or avenues abutting property zoned, and it occupied and used for R-1 and R-2 residential purposes, �� II 4 and the City will pay the entire cost of the additional width above 58 feet where required by the Master Thoroughfare Plan and on streets and/or avenues abutting property zoned for commercial or manufacturing purposes including property zoned R-3 unless such R-3 zoned property is used for R-1 or R-2 purposes in ..1 which caseit shall be considered as R-1 or R-2 property. XI. THAT, when it is determined Necessary by the City Commission to widen existing pavements which have been constructed in accordance with City standard- plans and specifications, the City shall pay all of the costs of ':Such widening in residential zones. In commercial or manufacturing zones the City shall pay the entire cost of the new curb and gutter and the cost of reconstructing the width of existing pavement if necessary. The commercial and/or manufacturing property abutting the widening shall pay for all of the increased width required up to a maximum of fifty-eight (58) feet total street width. XII. THAT when the property owners request the widening of a street not deter- mined by the City Commission as a necessary improvement, the same policies of cost distribution shall apply as set forth hereinbefore for the initial paving of streets that are not provided for in ndw subdivisions. See Paragraphs II through V. ) XIII. All streets are to be paved to the widths designated on the Master Thorough- fare Plan unless otherwise specifically designated by the City Commission of the City of Lubbock, Texas, In no case shall any street be paved less than 36 feet in' --� width without specific authorization from the City Commission. XIV. THAT, where the City Commission finds that extraordinary hardships may result from strict compliance with this policy, the policy may be varies so that substantial justice may be done and the public interest served, providing that such variation will not have the effect of nullifying the intent and purpose of this policy. XV. This Resolution shall take effect and be in force and after its passage. (� Passed and Approved this 13th day of 1 July , 1961. DAVID C. CASEY, Mayor. AT La enia Lowe, Ci S cretary-TTTreasurer APPROVED: � APPROVE , / Fre 0 . Senter, Jr.� ity Attorney Jo n T. Hickerson, City Engineer