HomeMy WebLinkAboutResolution - 5388 - Improvements - Alley - E-W Alley Between 68Th & 69Th St, Memphis Ave To 69Th St - 01_09_1997RESOLUTION NO. 5388
Item #26
January 9, 1997
RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF AN
ALLEY 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 an alley in the
City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit:
The East-West alley between 68th Street and 69th Street from Memphis Avenue to 69th
Street.
SECTION 2. 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:
(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 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 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 Title 6, Subtitle E,
Chapter 313 of the Texas Transportation Code.
SECTION 7. THAT this Resolution shall take effect and be in force from and after its
passage.
Passed by the City Council this 9th
ATTEST:
JL
Kat 'e Darnell, City Secretary
AS TO
Engineer
APPROVED AS TO FORM:
d -AW -
arold Willard, Assistant City Attorney
Hw:gs/68amtm
ccdocs/, December 17, 1996
day of January , 1997 .
ALEX "TY" CO KE, MAYOR PRO TEMPORE