HomeMy WebLinkAboutResolution - 101173J - Street Improvements - City Engineer - Multiple Locations - 10_11_1973RESOLUTION
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, hi
ways, avenues'and/or alleys in the Cityyof Lubbock and along the boundaries
Ebiereig,be improved as herein provided, to wit:
Name
Englewood Avenue
East half of Bangor
Avenue
Frankford Avenue
West half of Slide Road
Streets
From
46th Street
58th Street
34th Street
177' North of 54th
Street
To
47th Street
370' North of 58th Street
36th Street
736' North of 54th Street
•'; II.
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 improve
by installing a ten (10) foot wide, 5" thick reinforced concrete strip in th
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
two feet on each side thereof.
STREET IMPROVEMENTS:
(b) The abuttingproperty 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
shall not exceed 90% of the cost of the improvements plus_,the'cost of the cur
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 pot aggregat
such proportion of the cost as specified hb60v, 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 assesse
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 follow-
ing manner: All.property which has single family or two (2) family residen-
tial usage on both sides of the alley.to be improved shall be assessed for
fifty (50)% of the cost of such improvements. Vacant property zoned for 'two
(2) family residential purposes shall be assessed'•for fifty (50)% of the cost
of such improvements. Property which has commercial or semi -commercial usage
and property used'or vacant and zoned for three (3) or more family residentia
usage, shall be assessed for ninety (90)% of the cost of.such improvements.
Where there is commercial or semi -commercial usage or zoning'on ones:tfde of
an alley, and single:family residential usage and zoning on the other side,
properly used as a single .family residence will not be assessed. Said abut-
ting property and owners.th'ereof shall pay and be assessed for the costs 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, tha
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,o,f said'improvements after deducting the sums fidally
assessed, against tailways and street railways under sub-paragra hs'(a) he eo
and against abutting property and the owners thereof under sub -paragraphs b)
and (c) above, shall be paid by the City of Lubbock.
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 estimates 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 rate
of 6% per annum. The amounts assessed against and to''be paid by the abutting
property and the owners thereof -shall be -payable in five (5) Iquail nstallmen
The first of which shall become due on`or before 2 C 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 completio
.4
and acceptance of the.improvements in the unit upon which the property abuts,
by the City Council, and,shali bear interest from the date of completion and
acceptance until paid at the rate of six percent per annum on street improve-
ments, 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 assess
ment 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 pnd personally liability for principal,'interest, reasonable attorney's
fees and costs of collection, if incurred,.all.tinder and in accordance with
the Charter, and amendments thereto, now in force in this City, and in accor-
dance with the provisions of Article 1105B Revised Civil Statutes of Texas as
amended by Chapter 281 Acts of'the 52nd Legislature, and most recent amended
by Chapter 176 Arts of the 60th Legislature.
passage.
VII.
This resolution shall take effect and be in force from and after it,
PASSED AND APPROVED THIS 11TH DAY OF OCTOBER, 1973.
ATTES ,..
.0
Lavenia Lowe, city ' -Secretary
APPROVED: n
J
Wilfo D. Watson, City Engineer
A PPRO D :
6��2z1 . e�,Ct"
A,-.= a Qi5.
Fred 01 Senter, Jr.,XVy Attorney
is W. Turner, Mayor