HomeMy WebLinkAboutResolution - 102375F - Street Improvements Plans - City Engineer - Multiple Locations - 10_23_1975RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS,
ES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF
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,
nues and/or alleys in the City of Lubbock and along the boundaries thereof,
improved as herein provided, to -wit:
ALLEY (10' WIDE)
FROM TO
E-W Alley Bet 53rd & 54th Memphis Ave. Louisville Ave.
II.
Said portions of streets, highways and avenues shall be improved by rais-
ing, grading and filling same, by installing concrete curb and gutters, by in-
stalling 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.
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 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 will
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 fin-
al assessment is made, that the special benefits to such property by way of en
hancement 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 assessed
for a.part.of the.temaining.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 residentia
usage on both sides of the alley to be improvedshallbe assessed for fifty
(50).percent of the cost of such improvements. Vacant property zoned for two
(2) family residential purposes shall be assessed for fifty (50) percent of th
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
residential usage, shall be assessed for ninety (90%) of the cost of such im-
provements. Where there is commercial or semi -commercial usage or zoning on
one side of an alley, and single family residential 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
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 improvements will not aggregate such proportion of th
cost as specified above, then there shall be assessed and be paid by such abut
ing property and the owners thereof, a lesser amount not to exceed the benefit
(d) The remaining cost of said improvements after deducting the sums finally
assessed against railways and street railways under sub -paragraph (a) hereby,
and against abutting property and the owners thereof under sub -paragraph (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 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 installations. 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
due one, two, three and four years respectively after completion and accept-
ance of the improvements in the unit upon which the property abuts, by the Cit
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 provisio s
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 1105B 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 23rd DAY OF OCTOBER, 1975
S
ATTEST: Roy Bats, Mayor
Treva Phillips, City ecretary
APPROVED: A r-
Wilfo DZ Watson, City Engineer
APPROV /AS TO FORM:
Fred O. Senter, Jr., City At rney