HomeMy WebLinkAboutResolution - 2004-R0572 - Resolution Providing For Improvements To Portions Of Streets - 12_07_2004Resolution No. 2004-RO572
December 7, 2004
Item No. 22
RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF A
STREET IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES
OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
SECTION 1. THAT public necessity exists that the following portions of a street
in the City of Lubbock and along the boundaries thereof be improved as herein provided,
to wit:
98`h Street from FM1730 (Slide Road) to Frankford Avenue.
SECTION 2. THAT said portions of the above -described street shall be
improved by raising, grading and filling same, by installing curbs and gutters, and by
installing base material and asphaltic concrete surface or concrete street paving in the
street right-of-way;
SECTION 3. THAT the City Engineer is hereby directed to prepare plans and
specifications for such improvements.
SECTION 4. THAT such improvements shall be paid for in the following
manner:
(a) The abutting property and the owners thereof shall pay and shall be
assessed for all the costs of constructing curbs in front of such respective
property and a part of the remaining cost of such improvements; provided,
that such part of the cost assessed to the abutting property or owners
thereof will not exceed ninety percent (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 to 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.
(b) The remaining cost of said improvements after deducting the sums finally
assessed against abutting property and the owners thereof under
subparagraph (a) above shall be paid by the City of Lubbock.
SECTION 5. THAT 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 twenty (20) days after completion and acceptance by
the City Council of the improvements in the unit on which the property abuts; the second,
third, fourth and fifth installments shall become due one, two, three and four years
respectively after completion and acceptance by the City Council of the improvements in
the unit upon which the property abuts, and shall bear interest from the date of
completion and acceptance until paid, at the rate of the prime interest rate plus one
percent (1%) per annum, 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 of certificate issued in evidence thereof, such default shall mature the
entire assessment upon which same is made.
SECTION 6. THAT assessments shall be made and levied, and shall be a first
and prior lien and personal liability for principal, interest, reasonable attorneys' fees and
costs of collection, if incurred, all under and in accordance with the Charter of the City of
Lubbock and amendments thereto, now in force in this City, and in accordance with the
provisions of Subchapter D of Chapter 314 of the Texas Transportation Code.
SECTION 7. THAT this Resolution shall take effect and be in force from and
after its passage.
Passed by the City Council this 7th day of December , 2004.
MARlt Mc UGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
AS
Hertel, City Engineer
APPROVED AS TO FORM:
Linda Chamales
Senior Attorney/Office Practice Section
gs/ccdocs/SUL-98'' St from FM1730(Slide Rd)to Frankford.res
Nov. 4, 2004