HomeMy WebLinkAboutResolution - 121274O - Street Improvements - City Engineer - Multiple Locations - 12_12_1974RESOLUTION
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'PMNS 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:
STREETS
NAME FROM TO
Owen Street U.S. 87 Mesa Road
North Avenue "E" Owen Street Alley S. of Owen S
Bet. 9th & 10th St.
Bet. 69th & 70th St.
Bet. 20th & 21st St.
ALLEYS
Salisbury Ave.
Memphis Ave.
Flint Ave.
II.
Toledo Avenue
70th Street
Gary Ave.
Said portions of streets, highways and avenues shall be improved by rais-
ing, grading and filling same, by installing concrete curb and gutters, by
installing storm sewers and drains where necessary, by installing a compacted
caliche base, and by surfacing with four (4) course penetration type or 1-3/4"
hot mix type asphaltic surface treatment. Alleys shall be improved by instal-
ling a ten (10) foot wide, 5" thick reinforced concrete strip in the center
thereof.
III.
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:
(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 allthe cost of constructing curbs in front of such respective property
and a part of the remaining cost of such improvements, after deducting the
n
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 curb, and
further provided that if it shall appear at the hearing, to be had before final
assessment is made, that the special beenfits to such property by way of enhan e-
ment value thereof by means of such improvements will not aggregate such pro-
portion 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
exceedjthe 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 sum
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 assessed for fifty
s,. (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, an
property used or vacant and zoned for three (3) or more family residential usa e,
shall be assessed for ninety (90%) of the cost of such improvements. Where
there is commercial or semi -commercial usage oi-idning on one side of an alley,
and single family residential usage and zoning on the other side, property use
as a single family residence will not be assessed. 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 improve-
ments 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 railway
and street railways under sub -paragraph (a) hereof, and against abutting prope -
ty and thec.owners thereof under sub -paragraphs (b) and (c) above, shall be pai
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 b
paid on estimates or statements on or before twenty 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. The amounts assessed against and to be paid by the abutting property
and the owners thereof shall be payable in five (5) equal installments. The
first of which shall become due on or before 20 days after completion and ac-
ceptance of the improvements in the unit on which the property abuts by the
City Council; the second, third, fourth and fifth installments shall become du
one, two, three, and four years respectively after completion and acceptance o
the improvements in the unit upon which the property abuts, by the City Counci
and shall bear interest from the dateiidU completion and acceptance until paid,
at the rate of six percent per annum on street improvements and seven percent
F
er annum on alley improvements, payable annually, with provisions that if
efault be made in the payment of any installment promptly as the same matures:
hen at the option of the holder of such assessment or certificate issued in
vidence thereof, such default shall mature the entire assessment upon which
ame is made.
VI.
Assessments shall be made and levied, and shall be a first and prior lien
nd personal liability for principal, interest, reasonable attorney's fees and
osts of collection, if incurred, all under and in accordance with the Charter
nd amendments thereto, now in force in this City, and in accordance with the
rovisions of Article 1105B Revised Civil Statutes of Texas as amended by
hapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter
76 Acts of the 60th Legislature.
VII.
This Resolution shall take effect and be in force from and after its
ssage.
PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 1974.
reva Phillips, CiL-j d retary
PPROVED:
do
ilfb,`d Wat'soii, City Engineer
AS TO FORM
red 0. `°Senter, Jr. ty; Attorney
ROY BASS, MAYOR