Loading...
HomeMy WebLinkAboutResolution - 2003-R0352 - Resolution Defining Paving Policy Of The City Of Lubbock - 08_28_2003Resolution No. 2003-R0352 August 28, 2003 Item No. 66 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 April, 1994, 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. III. TYPICAL DESIGN STANDARDS Curb & Gutter - 24" C&G section with 6" vertical face, barrier type curb. 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 -9" asphaltic stabilized base (ASB) with 1-1/2" asphaltic concrete (AC) surface or 8" concrete paving (unless a site specific design is approved to vary from this minimum standard design). Industrial & Collector Streets - Minimum standard design of 6inch 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 Page 2 of 16 value to the abutting property being assessed for the paving improvements. In 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 imrpvements 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. Page 3 of 16 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 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: 1. 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 Page 4 of 16 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. 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 Page 5 of 16 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 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 fie (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. Page 6 of 16 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. 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 Page 7 of 16 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. 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 comparable assessment paving at the time bids are received. 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 9" depth asphalt stabilized base and 1- 1/2" A.C. surface paving for T-1 and T-2 thoroughfares; and 6" depth flexible base (caliche) and 1-1/2" A.C. surface paving for all other types of streets. Page 8 of 16 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. 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. Page 9 of 16 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) or TEA 21, 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. 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 Page 10 of 16 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 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 Page 11 of 16 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 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. Page 12 of 16 MOO 3_ eo 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 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. Page 13 of 16 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 be24 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 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 Page 14 of 16 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. XI. 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 28th day of August , 2003. ATTEST: Reb cca Garza, City Secretary Page 15 of 16 OVED AS TO CONTENT: Hertel, APPROVED AS TO FORM: Knight, Asg stant C/ffy Attorney ke/ccdocs/Resolutions/PavingPolic.Redline. LH.Accptd.res August 19 2003 Page 16 of 16