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HomeMy WebLinkAboutResolution - 4262 - Paving Improvement Plans - City Engineer - Streets & Alleys - 03_23_1993Resolution No. 4262 September 23, 1993 Item #25 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 PREPARATION 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 an alley in the City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit: Frankford Avenue from 66th Street to 82nd Street. 98th Street from Indiana Avenue to FM 1730 (Slide Road). 20th Street from Juneau Avenue to Kewanee Avenue. The East-West/North-South alley between FM 1730 (Slide Road) and Zoar Avenue and between 75th Street and 76th Street. SECTION 2. THAT said portion of the above -described streets 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 street paving within the street right-of-way, and THAT said portions of the above -described alley shall be improved by raising, grading and filling same, and by installing a ten (10) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley 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: STREET IMPROVEMENTS (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. ALLEY IMPROVEMENTS (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 street improvements and 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 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 - 2 - 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 1105b, 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: ler'— � A C�A4L etty o nso City Secretary APPROVED AS TO CONTENT: arry HerCity Engineer APPROVED AS TO FORM: Harold Willard, Assistant City Attorney HW:da/AGENDA-D1/IMP-FKFD.re9 September 7, 1993 - 3 - 93.