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HomeMy WebLinkAboutResolution - 082373C - Street Improvements - City Engineer - Multiple Locations - 08_23_1973r : RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGH- WAYS, 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: Public necessity exists that the following portions of streets, high- ways, avenues and/or alleys in the City of Lubbock and long the boundaries thereof, be Improved as herein provided, to -wit: Alleys From To Between 50th Street Boston Avenue Belton Avenue and (near 46th St.) Boston Avenue 50th Street Canton Avenue Belton Avenue and (near 46th St.) Canton Avenue Boston Avenue Canton Avenue 46th Street and 44th Street Canton Avenue Detroit Avenue 46th Street and 44th Street Boston Avenue 42nd Street Canton Ave & Boston Ave 44th St s 42nd St Elgin Avenue Canton Avenue 42nd Street and 43rd Street Detroit Avenue 139.10 feet East 46th Street and 48th Street 45th Street 214.80 feet North Canton Avenue and Elgin Avenue Elgin Avenue 306.6 feet Southeast 45th Street and 48th Street Elgin Avenue 300.0 feet East II. 43rd St & 45th St 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 com- pacted caliche base, and by surfacing with four (4) course penetration type or 1 3/4" hot mix type asphaltic surface treatment. Alleys shall be improv- ed by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifica- tions for such improvements. IV. 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 assess- ed for all the cost of constructing curbs in front of such respective pro- perty 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 there of 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 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 assess- ed 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 which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assesse for fifty percent (50%) of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty percent (50%) of the cost of such improvements. Property which has commer- cial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial, or semi - commercial usage and zoning on one side of an alley, and single family resi- dential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the costs of constructing alley paving improve ments 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 ther shall be assessed and be paid by such abutting property and the owners there of, a lessor 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) hereof, and against abutting pro perty and the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. II V. 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 ettimates or statements on or before twenty days after ac- ceptance 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 rat of 6% per annum. The Amounts assessed against and to be paid by the abuttin property and the owners thereof shall be payable in five (5) equal install- ments. The first of which shall become due on or before 20 days after com- pletion 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 comple- tion 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 comple- tion and acceptance until paid, at the rate of six percent per annum on street improvements, and seven percent per annum on alley improvements, pay- able 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 the City, and in ac- cordance with the provisions of Article 1105E Revised Civil Statutes of Texa as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amen ed 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 23RD DAY —ATTES Lavenla Lowe, City Secretary _ 1. APPRO ED: ilao- Wilford Vatson, City Engineer OF AUGUST, 1973• Morris W. Turner, Mayor APPROVED: a. Fred 0. 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