HomeMy WebLinkAboutResolution - 031077O - Provide Improvements - City Engineer - Various Streets - 03_10_19771
RESOLUTION
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 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:
NAME
2nd Place
2nd Place
30th Street
54th Street
61st Street
Vicksburg Avenue
FROM
Geneva Avenue
Hartford Avenue
Milwaukee Avenue
Bangor Avenue
Vicksburg Avenue
61st Street
II.
TO
400' East of Geneva Avenue
Geneva Avenue
Kewanee Avenue
Albany Avenue
Utica Avenue
Alley S. of 61st Street
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 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 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 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 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 assessed 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 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 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 residential usage, shall be assessed for ninety
(90%) of the cost of such improvements. Where there is commercial or semi -com-
mercial usage or zoning on one side of an alley, the single family residential
usage and zoning on the otherside, 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 app,e4r 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 impropeznents will not aggregate such proportion of the cost
as specified above, than 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 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 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 acceptance of the improve-
ments in the unit in which the railway lies, by the City Council and shall bear
interest from data 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 acceptance of the improvements in
the unit on which the property"abutts by the City Council; the'second, third, fourth
and fifth installments shall become due one, two, three, and four years respectively
after completion and acceptance of the improvements in the unit upon which the
property abutts, by the City Council and shall bear interest from the date of com-
pletion and acceptance until paid, at the rate of six percent per annum on street
improvements and seven percenI 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 assess-
ment 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 Act of
the 60th Legislature.
VII.
This resolution shall take effect and be in force from and after its passage.
i
PASSED AND,APPROVED THIS 10TH DAY OF MARCH, 1977.
ATTEST:
Roy a , Mayor
Treva Phillips, Cit Secretary
APPROVED:
Wilf rd D. Watson, City Engineer
AS TO FORM:
iy
Fred O. Senter, Jr.,f
Vity Attorney