HomeMy WebLinkAboutResolution - 2944 - Providing Improvements Plans - City Engineer - Streets, Etc. Repeals R#2712 - 11_10_1988Resolution #2944
November 10, 1988
Item #12
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RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS,
HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE
BOUNDARY 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, highways, avenues and/or alleys in the City of Lubbock and along
the boundaries thereof, be improved as herein provided, to -wit:
ALLEY (10' WIDE)
NAME FROM TO
E-W alley between Canton Avenue Elgin Avenue
23rd St. and 24th St.
STREETS
Quirt Avenue (64') 50th Street Slaton Hwy.
78th St. (36') Avenue "D" Avenue "F"
78th St. (36') Avenue "F" Tahoka Hwy.
SECTION 2. THAT said portions of streets, highways, and avenues shall
be improved by raising, grading, and filling same, by installing concrete
curb and gutters, by installing storm sewers and drains where necessary, by
installing a compacted base and by surfacing with 1 1/2" asphaltic concrete
surface. Alleys shall be improved 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) Railways and street railways using, occupying or crossing any
portion of said streets, highways, avenues and/or alleys to be
improved shall be assessed for and shall pay for all of the cost
of the work in the area between their rails and tracks, double
tracks, turnouts and switches and two feet on each side thereof.
STREET IMPROVEMENTS
(b) 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, after deducting the sums to be paid by the
railways under sub -paragraph (a) above, provided, that such part
of the cost assessed to the abutting property or owners thereof
will not exceed 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
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.
ALLEY IMPROVEMENTS
(c) The abutting property and owners thereof shall pay and shall be
assessed for a part of the remaining cost of such improvements,
after deducting the sums to be paid by the railways under sub-
paragraph (a) above, in the following manner: All property will
be assessed ninety (90) percent of the total construction cost.
Said abutting property and 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 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.
(d) The remaining cost of said improvements after deducting the sums
finally assessed against railways and street railways under sub-
paragraph (a) hereby and against abutting property and the
owners thereof under sub -paragraph (b) and (c) above, shall be
paid by the City of Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by
railways and street railways for work between rails and tracks, and 2 feet
on each side thereof shall be paid on estimates or statements on or before
twenty (20) days after acceptance of the improvements in the unit in which
the railway lies, by the City Council and shall bear interest from date due
and until paid at the rate of 8% per annum. The amounts assessed against
and to be paid by the abutting property and the owners thereof shall be
payable in five (5) equal installations, the first of which shall become due
on or before twenty (20) days after completion and acceptance of the
improvements in the unit on which the property abuts by the City Council;
the second, third, fourth and fifth installments shall become due one, two,
three, and four years respectively after completion and acceptance of the
improvements in the unit upon which the property abuts, by the City Council
and shall bear interest from the date of completion and acceptance until
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paid, at the rate of eight percent per annum on street improvements and
eight percent 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 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 of the 52nd Legislature,
and most recent amended by Chapter 176 Acts of the 60th Legislature.
SECTION 7. THAT this Resolution shall take effect and be in force
from and after its passage.
SECTION 8. THAT Resolution No. 2712 passed by the City
January 14, 1988, is hereby repealed in its entirety, and the
shall so note such repeal in the records of the City Council.
Passed by the City Council this loth
tte Boyd, City Secre
APPROVED AS TO CONTENT:
Larry DI Hertel, City Engineer
APPRO3 AS TP FORM:
J. h u lingim, Wssistiint
Cit V
ttorney
day of November
C. low
B. C. Mc I N, MAYOR
Council on
City Secretary
1988.
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