HomeMy WebLinkAboutResolution - 121169C - Street Improvements - City Engineer - Multiple Locations - 12_11_1969G.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 S
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 38th & 39th St. Ave. Q 145' W. of Ave. Q
E-W Between 42nd & 43rd St. Boston Ave. 127' E. of Boston Ave.
II.
Said portions of streets, highways, avenues and/or alleys shall be
/^ improved by raising, grading and filling same, by installing concrete curb and
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-
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,
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, shall be paid by the City of Lubbock.
!A
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.
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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 princi al, interest, reasonable attorney's fees and
costs of collection, if incurred,rall under and in accordance with the Charter, and
amendments thereto, now in force in this city, and in accordance with the provision
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.
VII.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 11TH DAY OF
ATTEST•
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Lavenia Lowe, City S retary
APP VED:
Fred�O. Se er, Jr., City #tC6rn6y
Wilfgrd/D. Watson, City Engineer