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HomeMy WebLinkAboutResolution - 082263C - Street Improvements - City Engineer - 50Th Street - 08_22_1963 GWO �► RESOLUTION A RESOLUTION PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUE Q FROM 50TH STREET TO.400 FEET ,SOUTH OF 58TH STREET WITH THE OUTERMOST CONCIETE CURB AND; GUTTER IN THE CITY. OF LUBBOCK, TEXAS AND DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of Avenue Q in the City of Lubbock, be improved as herein provided, to-wit: East side of Avenue Q from its intersection with the south property line of 50th Street to its intersection with a line 400 feet south of the south property line of 58th Street, known and designated as Sub-Unit Number 1 of Unit Number 2112. West side of Avenue Q from its intersection with the south property line of 50th Street to its intersection with a line 400 feet south of the south proper- ty line of 58th Street, known and designated as Sub-Unit Number 2 of Unit Number 2112. II. Said portions of Avenue Q shall be improved by raising, grading and r filling and widening 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 a hot mix asphaltic concrete surface. The improvements to be provided for herein consist only of the outermost curb and gutter of said portions of Avenue Q. III. The City Engineer is hereby directed to prepare plans and specifica- tions for said outermost curb and gutter portion of such improvements. IV. Such curb and gutter in each unit shall be paid for in the following manner: (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing the curb and gutter abutting such respective property 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 aggre- gate 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 curb and gutter improvements, after deducting the sums finally assessed, and against abutting property and the owners thereof under sub-paragraph (a) above, shall be paid by the City of Lubbock. V. 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 curb and gutter improvements in the unit on which the property abuts, by the City Commission, and shall bear interest from the date of completion an 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 assess- ment 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 s 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 1105B 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 AUGUST, 1963. Jack F. trong, Mayor ATTES . Lav is Lowe, city Secretary APPROVED: J4 ohn T. Hickerson, City Engineer APPROVED: Fred O. Senter, Jr. ty A-ttorney r—