HomeMy WebLinkAboutResolution - 2006-R0152 - Resolution Defining Paving Policy - 03_23_2006Resolution No. 2006-RO152
March 23, 2006
Item No. 6.10
RESOLUTION
A RESOLUTION DEFINING THE PAVING POLICY OF THE CITY OF
LUBBOCK WITH REGARD TO ALL PAVING ON ALL STREETS, AVENUES,
AND/OR ALLEYS WITHIN OR ALONG THE CITY LIMITS AND
ESTABLISHING STANDARDS FOR THE CITY'S PARTICIPATION, IF ANY,
FOR THE VARIOUS METHODS OF PAVING STREETS.
WHEREAS, the City Council of the City of Lubbock finds that due to changed
conditions it is necessary and advisable to revise the paving policy of the City of
Lubbock as heretofore established by Resolution dated the 28' day of August, 2003,
and;
WHEREAS, this policy is intended to supplement current state laws, City
Charter provisions and City ordinances on the same topic; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I. GENERAL
All paving improvements are to be constructed in accordance with the
city's standard plans and specifications under the supervision of the City
Engineer and the distribution of the costs for these paving improvements
shall be in accordance with the following policy.
II. PROPERTY OWNER PARTICIPATION IN PAVING STREETS
A. The typical method of funding and installing improvements on
any unpaved street or alley shall be one of those later described in
this policy. The abutting property owners will benefit the most
from these paving improvements and should be willing to
participate in a part or all of the cost. Through the history of the
City, abutting property owners have participated in the cost of
practically all of the City streets which have been paved.
B. Should the abutting property owners of any unpaved street desire
street paving, they should determine which of the methods later
described best fits their situation and initiate appropriate action.
C. Although some streets have been paved with Community
Development Block Grant funds since the mid - 1970's, this
option is only possible on streets within a Community
Development Block target area and only if that funding is
available.
Ill. TYPICAL DESIGN STANDARDS
Curb & Gutter — 24" C&G section with 6" vertical face, barrier type curb.
A roll curb (mountable curb) may be allowed on certain residential streets,
depending on traffic and drainage considerations.
Concrete alley returns are required at the intersection of alleys and streets.
Concrete valley gutters, for surface drainage, may be required at street
intersections.
T-1 & T-2 Thoroughfare Streets - 8" continuously reinforced concrete
paving (unless a site specific design is approved to vary from this
minimum standard design — a 9" asphaltic stabilized base (ASB) with 1-
1/2" asphaltic concrete (AC) surface may be allowed under special
conditions, if approved by the City Council).
Industrial & Collector Streets — Minimum standard design of 6 inch
flexible base (caliche) and 1-1/2" AC surface. However, if the proposed
development is determined to generate significant truck traffic, an
additional 3" ASB may be required.
Residential Streets — Minimum standard design of 6" flexible base
(caliche) and 1-1 /2" AC Surface.
Alley Paving — Minimum of 10 feet width of concrete paving having an
inverted crown with 5" depth in the center and 7-1/2" depth on the edges.
Exceptions to Design Standards — Should soil, traffic or drainage
conditions exist which make the above minimum standards inappropriate,
an alternate design may be required to allow the expected normal service
life of the proposed paving improvements.
IV. ASSESSMENT PAVING IMPROVEMENTS
A. General Discussion
The City Council has determined, as a standard practice, that
assessment paving programs will not be utilized for the paving of
unpaved streets or alleys within the City of Lubbock. This
standard practice has been established due to the provision in State
Law (Section 313.048 of the Texas Transportation Code) which
mandates an assessment may not exceed the enhanced value to the
abutting property being assessed for the paving improvements. In
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recent history, the enhanced value of abutting properties, due to
paving improvements, has not approached the actual costs of
paving construction. Since the City Council believes the primary
benefit of paving improvements are to the abutting properties and
the owners of these properties, then these owners should be paying
the cost of these paving improvements.
Exceptions to this standard practice:
(1) Thoroughfare or collector street paving projects initiated by
the City for the improvement of the City's surface
transportation needs will continue the assessment paving
process, unless otherwise directed by the City Council on
that specific project.
(2) Other street or alley paving improvement projects initiated
by the City as a result of traffic, drainage or maintenance
needs may be placed on an assessment paving program, as
directed by the City Council.
For those instances that the City Council authorizes an assessment
paving program, the following paragraphs B through K shall apply:
B. This Section shall establish procedures utilized by City staff in
calculating the rates for assessment paving for street or alley
improvements and other policy issues related to assessment
paving. However, Chapter 313 of the Texas Transportation Code
may dictate, or the City Council may choose an assessment amount
that differs from those rates calculated.
C. The entire cost of the concrete curb and gutter parallel to and
abutting the property and of the same length as the property it
abuts shall be assessed against the abutting property and the
owners thereof, such concrete curb and gutter to be referred to
hereinafter as "property owner curb."
D. Ninety percent (90%) of the entire street paving cost, exclusive of
the "property owner curb", will be assessed against all abutting
property and the owners thereof with the exceptions shown in
paragraphs E and F below.
E. The maximum assessment against an R-1 or R-2 residential zoned
and utilized property will be the costs associated with the paving of
half of a 36 foot wide street (16.5 feet width of asphalt paving).
The maximum assessment against a property that is zoned other
than R-1 or R-2 or residential zoned property which is being used
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for other than residential purposes will be the costs associated with
the paving of half of a 58 foot wide street (27.5 feet width of
asphalt paving). Property that has zoning limited to church or
church related use will be treated as R-1 or R-2 residential zoned
property.
F. The ninety percent (90%) rate in paragraph D above is known as
the "front" rate. The "front" abutting property, for assessment
purposes, is that footage along the shorter side of a lot. The "side"
abutting property is the footage along the longer side of a lot. If
"side" abutting property is zoned for R-1 or R-2 residential
purposes, and if occupied, is occupied for these residential
purposes, an assessment of sixty percent (60%) of the entire paving
cost, exclusive of the "property owner curb" will be assessed
against the "side" abutting property and the owners thereof. There
will not be a "side" rate for non-residential properties.
G. Alley paving assessments will be based on the ninety percent
(90%) rate.
H. The method to be used on a paving project to determine the "front
and side foot rates" and property assessments as set forth above is
as follows:
All streets of identical width are to be grouped together into
a single Unit, and each individual street in the Unit shall be
designated as a Sub -unit of their particular Unit.
2. The "total project cost" of a Unit includes the total cost of
the various items of work contributed from all Sub -units of
the Unit as bid plus six percent (6%) of said contract cost
for engineering.
3. From the "total project cost" the "property owner curb"
will be deducted at the rate established by the contractor's
bid price per linear foot for concrete curb and gutter and/or
concrete gutter plus six percent (6%) engineering.
("Property owner curb" does not include that curb and/or
gutter along side and across alley returns nor all of the curb
radii). If there is a railway crossing in the Unit, the charges
assessable directly to the railway company at bid prices
plus six percent (6%) will also be deducted.
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4. The amount after making the above deductions will be
termed the "cost excluding property owner curb costs and
railroad crossing costs" referred to herein as amount "A".
5. The "front foot rate" is amount "A" less 10% amount "A"
divided by the total footage of all property abutting all Sub-
units making up the entire Unit. This is the ninety percent
(90%) rate described in Paragraph E.
6. The "side foot rate" is 2/3 of the above rate. This is the
sixty percent (60%) rate described in paragraph F.
7. Part of the total cost to be assessed against each parcel of
property abutting the improvements in each Unit will be
determined by multiplying the abutting footage of each
parcel of property by either of the above rates or by a
combination of the above rates, whichever is applicable.
This cost will be referred to herein as the "property owner
paving cost."
8. The total cost to be assessed against each parcel of property
abutting the improvements in each Unit is the sum of the
"property owner paving cost" and the "property owner curb
cost".
I. An exception to the calculation of the assessment rates previously
described in paragraphs C,D,E,F,G and H will be granted for
residential property located in lower income areas of the City as
identified by the general Community Development Block Grant
(CDBG) target areas. In these target areas, the front residential
rate will be calculated at 30% of the typical calculated total front
rate (total of curb and gutter rate plus paving rate). The side
residential rate in the target areas will be calculated at 60% of this
reduced rate, or 18% of the typical total front rate. The assessment
rate for alley paving in the CDBG target areas will be calculated as
30% of the total cost of the improvements for residential (R-1 and
R-2 zoned) property.
J. As prescribed by State Law, the City Council shall provide the
time, terms, and conditions of payment and defaults of
assessments, and prescribe the rate of interest which shall not
exceed the greater of eight (8) per cent per annum or the rate
payable by the City of Lubbock on its most recently issued general
obligation bonds. The standard interest rate for assessments shall
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be one (1) per cent over Wall Street Prime Rate at the time of the
assessment public hearing, not to exceed the limitations stated
above. Payment for paving assessments is due within twenty (20)
days following completion and acceptance of the paving
improvements with no interest due. However, a standard method
of payment of paving assessments has been established allowing
five (5) payments, over four (4) years, with the first payment being
due within twenty (20) days of acceptance of the paving
improvements. Interest is accrued at the rate established at the
assessment public hearing as described above.
K. Owners of unplatted property may elect to delay payment of their
assessment until such time as their property is platted. No interest
will accrue on this delayed payment on the paving assessment.
However, as a condition of the platting of that subject property, the
assessment shall be paid in the full amount due. A lien, in the
amount of the paving assessment due, shall be filed against the
subject property following passage of the paving assessment
ordinance, and such lien shall not be released until such time as the
paving assessment is paid.
V. RESOLUTION PAVING IMPROVEMENTS
A. In those instances on existing unpaved streets where all owners
agree to pay their share of the paving costs, or one or more owners
agree to pay all the property owners share of the paving costs, then
those owners may request that the City participate in the cost of the
paving improvements, exclusive of the "property owner curb",
equivalent to the City participation in assessment paving. This will
require approval of a resolution by the City Council.
B. The owner/owners will pay all the costs for "property owner curb".
The owner/owners paving rates will be calculated as shown in
paragraph IV.H.
C. The owner/owners will contract separately with a paving
contractor of their own choice, however, City participation will not
exceed amounts calculated using current bid prices received on
other paving projects.
D. City staff will perform materials testing and construction
inspection of these paving improvements as is done on all paving
projects. The City's share of the paving cost will be paid directly
to the contractor upon completion of construction and formal
acceptance of the paving improvements by the City Council.
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E. However, resolution paving will not be an allowed alternative if
the City's participation exceeds $14,999.
VI. SUBDIVISION PAVING IMPROVEMENTS
A. Street and/or alley paving improvements required at the time of
final platting of subdivisions (Chapter 25 of the Lubbock Code of
Ordinances) shall be furnished by the developer, with the
exception of City participation in the cost of extra width paving
described in the following paragraphs.
B. On streets requiring extra width, as shown on the Master
Thoroughfare Plan, the City will pay for the entire cost of paving
streets that exceed 36 feet in width if the abutting property is zoned
for R-1 or R-2 residential use. The City will participate in the cost
of paving streets that exceed 58 feet in width if the abutting
property is zoned for other than R-1 or R-2 residential use.
Property that has zoning limited to church or church related use
will be treated as R-1 or R-2 residential zoned property.
C. Other than thoroughfare or collector streets, half width streets shall
only be allowed where essential to the reasonable development of
the subdivision. As a standard, other than thoroughfare or
collector streets, boundary streets in subdivisions shall be
dedicated and paved full width.
D. Half width paving of any collector or other boundary street in the
subdivision will require approval of the City Engineer upon
consideration of drainage issues. A working easement will be
required from the adjacent property owner for the installation of
the half width paving. The developer will install paving two feet
beyond the center line of the street for any half width paving
constructed.
E. The developer will be required to deposit with the City the
estimated cost to construct any paving improvements not
constructed at the time of platting. As a standard, the curb and
gutter will be constructed at the time of platting and the developer
will prepay the cost of the installation of the surface, base and
subgrade portion of the street improvements. Details of
thoroughfare paving adjacent to new subdivisions are described in
Section VIII of this resolution.
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F. The City Engineer's estimate of the money to be deposited by the
developer in escrow for paving that cannot be constructed shall be
based on the current bid prices for the most recent comparable
project competitively bid by the City. No adjustment shall be
made either to the City or to the subdivider in a case of variation
between the actual successful bid prices received at the time of the
award of the contract and the estimated prices used determining the
amount of the escrow. Similarly, no adjustment shall be made
either to the City or to the subdivider in the case of variations
between the actual quantities of improvements constructed and the
estimated quantities of improvements to be constructed. The
City's budget fund can be credited or charged with any difference
between the estimated and actual cost at the time of the acceptance
of the actual improvements. No monetary adjustment shall be
made to the subdivider. The escrow money shall be kept in special
account by the City Treasurer and shall not be released to the
City's General Fund until the improvements have been completed
and accepted by the City Council.
G. The developers amount to be placed in the escrow account will be
based on unit prices for 8" depth continuously reinforced concrete
paving, including subgrade preparation for T-1 and T-2 designated
thoroughfares; and 6" depth flexible base (caliche) and 1-1/2" A.C.
surface paving, including subgrade preparation, for all other types
of streets. The unit prices of the most recently awarded contract
will be used to determine the developers escrow amount.
VII. STREET & ALLEY USE PERMIT PAVING
A. A person or persons may pave a street or alley in the City through
the issuance of a street or alley use permit in accordance with
Chapter 24 of the Code of Ordinances.
B. The proponent will hire a contractor to construct the paving
improvements. The proponent or contractor will apply for the
permit in the office of the City Engineer.
C. The total cost of constructing the improvements will be paid by the
proponent to the contractor. There will not be a fee charged by the
City for the permit. However, the proponent will be charged a fee
for City services involved in engineering, and/or testing and
inspection as described in Chapter 24 of the Code of Ordinances.
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VIII. THOROUGHFARE STREETS
A. In new subdivisions, the developer will be responsible for the cost
of the curb and gutter and 16.5 feet of width of the thoroughfare or
collector paving if adjacent to R-1 or R-2 residential zoned
property and up to 27.5 feet of width of the thoroughfare or
collector paving if adjacent to other than R-1 or R-2 zoned
property. Property that has zoning limited to church or church
related use will be treated as R-1 or R-2 residential zoned property.
B. The City Council may appropriate funding for the City's share of
thoroughfare paving costs upon determination that the
thoroughfare paving improvements are needed. As a guide, the
City Council may consider the following methods (in priority
order) of securing funding needed for a specific thoroughfare
paving project. These methods are:
1. Certificate of Obligation Bonds -Upon request of staff,
developer, or property owner, the City Council may
evaluate thoroughfare paving needs on a case -by -case basis
to determine the urgency of issuing C.O. Bonds.
2 Street -Capital Project Funds -The City Council may choose
to use unreserved funds or reallocate funds designated for
another project within the Street Capital Projects Fund if
deemed necessary.
3 The City Council may call a street improvement bond
election.
ADDITIONAL NOTES:
1. The City staff will continually pursue alternative federal
and state funding sources, such as the Intermodal Surface
Transportation Efficiency Act (ISTEA), TEA 21, or
SAFETEA-LU, to finance the partial or total cost of
thoroughfare paving projects. Any prepaid paving monies
deposited by developers for these thoroughfares will be
used for the City's participation in the cost of these
projects. Assessment programs may be initiated for
adjacent properties share of the cost on those properties that
prepaid monies have not been deposited.
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2. An assessment program may be initiated for thoroughfare
paving and considered by the City Council upon request by
staff, developers, individual Council members, etc.
3. The City Council will make final determination of whether
or not to pave a thoroughfare based on the public necessity
for the project.
C. The developer will install the curb and gutter on the thoroughfare
at the time of platting and will deposit his/her share of the cost of
street paving in the City's prepaid paving escrow account.
However, the thoroughfare can be constructed by the developer at
the time of platting if the following conditions exist:
1. The City's participation in the cost of the thoroughfare does
not exceed 30% of the contract amount and the unit prices
in the contract are comparable with current bid prices on
City contracts.
2. The City Council has appropriated funds for the City's
share of the cost. Prepaid funds from other developers
placed with the City for this length of the thoroughfare will
be available for the City's portion of the cost.
3. That full width paving is constructed for a minimum of
1,000 linear feet of thoroughfare.
4. Either all of the adjacent properties for this length of
thoroughfare shall have been developed with their paving
prepaid or the developer shall reach agreements with the
owners of the undeveloped properties for them to pay their
share of the curb and gutter and street paving cost to the
contractor at the time of construction.
D. If the City cost, including prepaid funds for a requested length of a
thoroughfare, exceeds 30% of the total cost, the City would then be
required to bid and contract the paving improvements. In this case,
the following criteria shall be required:
1. If the total abutting properties have been developed or if the
owners of abutting undeveloped properties are in
agreement to pay their share of the thoroughfare cost, then:
a. The proponent shall make a formal request of the
City Council to dedicate available funds for the
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City's participation in the desired thoroughfare
paving.
b. At a minimum, 1,000 linear feet of full width
thoroughfare paving will be considered.
2. If the adjacent properties have not been totally developed, but
at least 50% developed, and agreements for owners of those
undeveloped properties to pay their share of the paving costs
cannot be reached, then:
a. The proponent shall make a formal request of the
City Council to initiate an assessment paving
program for the thoroughfare paving if funding is
available for the City's participation in the cost.
b. At a minimum, a half -mile of full width thoroughfare
paving will be considered unless reasonable limits of
terminating the project less than one-half mile exist for
this thoroughfare.
IX. STRIP PAVING
A. Strip paving is not considered standard, permanent paving, but
only a temporary paving measure until full width paving with curb
and gutter can be constructed.
B. As a standard, strip paving will not be considered except for
thoroughfare streets. All strip paving will require City Council
approval.
C. The City Council may initiate strip paving of an unpaved
thoroughfare street if needed for access or traffic concerns if
adequate funding exists.
D. A developer, with City Council approval, may construct strip
paving on an unpaved thoroughfare to provide paved access to
his/her development or adjacent to their subdivision with the
following considerations:
1. The developer can request the City Council fund the
thoroughfare strip paving construction from the limits of
his/her subdivision to the location of the nearest existing
thoroughfare paving. However, should the funding not be
approved by the City Council, the developer may construct
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the thoroughfare strip paving at his/her cost but no future
compensation to the developer will be due from the City for
the construction of this temporary paving.
2. The developer, immediately adjacent to the proposed
subdivision, will either construct the full width thoroughfare
paving (in accordance with paragraphs VIII-B or VIII-C) or
construct temporary strip paving. Strip paving cost adjacent
to a subdivision at the time of platting shall be borne by the
developer with no compensation due to the developer from
the City at the time of construction or any time in the future.
The developer, if strip paving is constructed, will still be
responsible for the construction of curb and gutter at the time
of platting, and prepaying his/her thoroughfare paving cost
for the future full width paving.
E. Any strip paving approved by the City Council will be constructed
by the developer for thoroughfares through the Subdivision paving
method or by Street Use Permits. Assessment Paving and
Resolution Paving methods which involve City participation in the
cost of the improvements is intended for permanent full width
paving, not temporary paving.
F. The minimum design standard for strip paving a non -thoroughfare
street unless otherwise approved by the City Council, will include
a 24 foot wide paved strip with a 2 foot wide caliche base shoulder
on each side. A minimum depth of twelve inches of subgrade
preparation, a six inch depth of compacted caliche base and a one
and one-half inch depth of asphaltic concrete surface will be
required for this type strip paving. The details and materials of
construction will conform to current residential street paving
specifications and City ordinances.
G. The minimum design standard for strip paving a thoroughfare
designated street, unless otherwise approved by the City Council,
will include a 24 foot wide paved strip with a 2 foot wide caliche
base shoulder on each side. A minimum depth of twelve inches of
subgrade preparation, a six inch depth of compacted caliche base
and a one and one-half inch asphaltic concrete surface will be
required. The details and materials of construction will conform to
current residential street paving specifications and City ordinances.
H. Should the City or a developer construct temporary strip paving
along a designated thoroughfare street, the City or developer will
construct temporary asphalt paving from existing paved streets or
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paved alleys to the edge of the new strip paving. The City will
maintain these temporary paved tie-ins in the future thoroughfare
paving area. The construction and maintenance of any temporary
paving tie-ins (connecting driveways) from private driveways to the
strip paving will be the responsibility of that abutting property
owner. Any new development that occurs after the thoroughfare
strip paving has been constructed will be responsible for the
construction and maintenance of their temporary paved connecting
driveway tie-ins from the curb or their property to the edge of the
strip paving. These temporary tie-ins will be required through the
building permit of this new development.
I. The City will not construct or maintain any connecting driveways
from the property to the edge of the strip paving on any non -
thoroughfare streets. The abutting property owner will be
responsible for the construction and maintenance of these
connecting driveways. The abutting property owners authority to
construct these driveways will be through a building permit.
J. Approval of a connecting driveway to strip paving shall conform to
one of the following criteria:
1. The elevation of the driveways shall follow the grade of the
ditch, except that the lowest elevation of the driveway may
be a maximum of two inches higher than the flowline of the
ditch.
2. If the ditch has sufficient depth, the owner may use an
approved circular or arch pipe culvert under his/her
driveway. The pipe will have a minimum diameter of 24
inches if circular. If an arch pipe is used, the equivalent
minimum diameter shall be 24 inches. The property owner
will be responsible for furnishing and installing any pipe
culverts for non-residential properties. The property owner
will be responsible for furnishing the pipe for residential
driveways but may request the City's Street Department
perform the installation. The City's Street Department will
approve the grade of all pipe culverts.
X. ACCEPTANCE OF PRIVATE STREETS AS PUBLIC STREETS
A. This section relates to the dedication of an existing paved or
otherwise improved private street or drive as a public street. These
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XI.
private streets would typically be included in a subdivision plat
designating these drives or streets as private.
B Acceptance of private streets as public will require City Council
approval.
C. Consideration of this dedication of a private street will be based on
meeting the City's standard design criteria for that type of street.
If the street does not meet standard right-of-way width
requirements, paving width standard requirements, typical curb
and gutter design requirements, or the pavement surface or base
depth standard requirements, the proponent, in their dedication
request to the City Council, will outline the measures they intend
to take in providing that their street will meet minimum design
standards. Any such measures, such as reconstruction, widening,
overlays, or replacements shall be performed prior to the official
acceptance of this private street as a public street.
D. Should dedication of a private street in poor condition be
requested, certain rehabilitation and maintenance measures shall be
required prior to acceptance of that street. Failures shall be
repaired, and an overlay or one course or two course seal coat may
be required, depending on the condition of the pavement surface,
prior to dedication.
E. All costs necessary to provide that the private street meet minimum
standards necessary for dedication as a public street will be paid by
the proponents of this request prior to acceptance of the dedication.
POLICY
A. This policy is intended to be in conformance with State Laws, the
City Charter, and City Ordinances on this subject of paving streets
and alleys within the City of Lubbock and will be utilized and
construed in accordance therewith. However, in case of conflict,
State Law and/or the City Charter and City Ordinances shall take
precedence over this Resolution.
Passed by the City Council this 23RD day of March , 2006.
TOM MARTIN, MAYOR PRO TEM
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ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO
Engineer
APPROVED AS TO FORM:
Knight, Askant Cit�Attorney
gs/John/Resolutions/PavingPolicy.resREV.06
February 21, 2006
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