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HomeMy WebLinkAboutResolution - 4145 - Paving Improvements - City Engineer - Portions Of Alleys - 05_13_1993Resolution No. 4145 May 13, 1993 Item #37 RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF STREETS, IIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE =NDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. 3E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of illeys in the City of Lubbock and along the boundaries thereof be improved as ierein provided, to -wit: The North -South alley between York Avenue and Wayne Avenue from 4th Street to York Avenue. The North -South alley between York Avenue and Zoar Avenue from 4th Street to York Avenue. SECTION 2. THAT said portions of the above -described alleys shall be improved by raising, grading and filling same, and by installing a ten (10) 'oot wide, 5" minimum depth reinforced concrete strip in the center of the illey right-of-way. SECTION 3. THAT the City Engineer is hereby directed to prepare plans ind specifications for such improvements. SECTION 4. THAT such improvements in each unit shall be paid for in the =ollowing manner: (a) The abutting property and the owners thereof shall pay and shall be assessed for a part of the cost of such improvements in the following manner: All property will be assessed ninety percent (90%) of the total construction cost. Said abutting property and the 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 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 such special 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 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 evi- dence 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 prior lien and personal liability for principal, interest, reasonable attorney's fees, and costs of collection, if incurred, all under and in accor- dance with the City of Lubbock Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Vernon's Ann.Civ. Stat. Article 1105b. SECTION 7. THAT this Resolution shall take effect and be in force from nd after its passage. Passed by the City Council this ATTEST: nson, u�jy Secretary PPROWD AS TO CONTENT: . itierte i , Li zy tngineer PPROVED AS TO FORM: gr,tW JY_4�"? arold WilTard,Assistan ttorney :js/ALLEYIMP.RES -Agenda/April 28, 1993 - 2 -