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HomeMy WebLinkAboutResolution - 111369H - Street Improvements - City Engineer - 21St Street - 11_13_19691 G.W.O. 2993 RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT 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 LUBBOCK, TEXAS, THAT: I. 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 FROM TO E-W Between 21st St. & 22nd St. Flint Avenue Elgin Avenue West of Waco (North -South) 1st St. Auburn St. II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading and filling same, by installing concrete curb and o� gutters, by installing a ten (10) foot wide reinforced concrete strip in the alleys reinforced concrete railroad crossings, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with five (5) course asphaltic surface treatment (Penetration type). The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: 1. 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. 2. 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 (1) above, provided that such part of the costs assessed to the abutting property or owners thereof shall 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 enhanced 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. 2-a. The abutting property and the owners thereof shall be assessed for alley paving in the following manner. Alleys to be improved which are single family or two (2) family residential on both sides will be assessed for fifty (50)% of the cost and the alleys, where there are commercial or semi -commercial usage or zones on one side and residential property on the other side, property used for a single family residence will not be assessed. Property used for or, if vacant, zoned for two (2) family residential purposes will be assessed fifty per cent (50)% of the cost. Property used for or, if vacant, zoned for three (3) family residential purposes or more will be assessed ninety percent (90)% of the cost as will commercial and semi -commercial property. Said owners of abutting property shall pay and shall be assessed for all the cost of constructing said alley paving adjacent to such respective property and a part of the remaining cost of such improvements, after deducting the sum to be paid by the railways under sub-paragrap 1 above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements, 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 enhanced 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. 3. The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph 1 hereof, and against abutting property and the owners thereof under sub -paragraph 2, 2-a, above, r^ shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street rail- ways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before ten 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 6% per annum on street improvements and 7% per annum of alley improvements. 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 20 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second and third one and two 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 paid, at the rate of six percent per annum on street improvements and seven 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 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 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. passage. VII. This resolution shall take effect and be in force from and after its PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 1969. La enia Lowe, C ty`Secretary APPROVED: Fred 0. Senter, Jr., City Attorney s Wi rd . Wat on, City Engineer