Loading...
HomeMy WebLinkAboutResolution - 032653E - Modification And Reaffirmation Of The COL Paving Policy - 03_26_1953 , f - 03 t.q^! iw RESOLUTION A RESOLUTION DEFINING THE PAVING POLICY OF THE CITY OF LUBBOCK, TEXAS, IN REGARD TO STREETS DEDICATED UNDER THE PROVISIONS OF CITY ORDINANCE NO. 1331, "SUBDIVISION REGULATIONS", PASSED ON THE 22ND DAY OF JANUARY, 1953, AND MODIFYING, REAFFIRMING, AND RF.-DEFINI1,1G THE PAVING POLICY OF THE CITY OF LUBBOCK, HERETOFORE AND NO`J BEING FOLLOWED IN REGARD TO STREETS WHICH ARE NOT DEDICATED UNDER THE �- PROVISIONS OF SAID ORDINANCE. > WHEREAS, on the 22nd day of January, 1953, the City Commission passed , f Ordinance No. 1331, a provision of which. requires that street improvements on all streets within or abutting a proposed subdivision either be constructed according to City standards and specifications or be provided for by cash deposit or surety bond securing to the City the estimated cost of such improvements J�, prior to the acceptance of the final plat and that the cost be borne by the tit subdivider other than the City participation in the cost under the provisions of then existing paving policies, and such policies or policy needs to be defined, �,f !'t'Er 4l�..!.; and, ftk WHEREAS, the provisions of Ordinance No. 1331 which require paving im- provements on' all streets or portions thereof or money deposits or surety bond in lieu of such improvements conflict with the existing city policy which requires that proposed street improvements connect with existing improvements and that complete lengths and widths of blocks only be paved, and such city policy needs to be modified to abolish said conflict, and, WHEREAS, streets or portions have previously been dedicated which are not now paved and streets or portions thereof may be dedicated in the future which are not under the provisions of said subdivision Ordinance, and the exist- ing paving policy now being followed in regard to the improvement of such streets or portions thereof needs to be slightly modified, reaffirmed and re-defined' and, WHEREAS, the terms and provisions of Chapter 106 of the Acts of the 40th Legislature of the State of Texas and am3ndments thereto which have been adopted as an amendment to and made apart of the Charter of the City of Lubbock, give the City the power by Ordinance to assess abutting property and owners thereof all of the cost of constructing, reconstructing, repairing and realigning curbs, gutters and sidewalks, and whereas, the City of Lubbock has heretofore assessed the abutting property and owners thereof for only a portion of the cost of the complete curb and gutter, and in the interests of public economy, such partial curb and gutter assessment policy needs to be changed to a policy whereby the entire cost of the curb and gutter section is assessed the abutting property and owners thereof, THEREFORE, BE IT RESOLVED BY THE CITY COM1,1ISSION OF LUBBOCK, TEXAS: I. THAT, the Cityls proportionate cost on all streets or on all portions thereof other than those designated on the Master Thoroughfare Plan of the City of Lubbock as either a collector street, a major street, a semi-freeway,or a free- way which are completely within a subdivision and which are dedicated by virtue of such subdivision under the provisions of Ordinance No. 1331 'shall be the cost of the engineering involved, including plans and specifications, costs and estimates, staking, supervision` and inspection. THAT, the Cityts proportionate cost on 'all streets or on all portions thereof which are designated on the Master Th©roughfare Plan of the City of Lubbock as either a major street, a semi—freeway, or a freeway which are completely within a subdivision and which are dedicated by virtue of such subdivision under the provisions of Ordinance No. 1331 shall be the cost of the engineering i involved as given above plus the entire cost of the first improvement stage of construction in excess of the cost of thirty (30) foot wide pavement in residential zones or in excess of the cost of fifty—five (55) foot wide pavement in commercial or industrial zones. t,"Where such thoroughfares abut or border a new subdivision, the subdivider shall be permitted to construct or provide for one—half of the first improvement stage only, and the City's proportionate cost shall be the cost of the engineering involved plus the entire cost of one-half of the first improve— ment stage of construction in excess of the cost of fifteen (15) foot wide pave— ment in residential zones or in excess of the cost of twenty--seven and one—half (27.5) foot wide pavement in commercial or industrial zones. III. THAT, the Cityts proportionate cost on all streets or on all portions thereof which are designated on the Master Thoroughfare Plan of the City of Lubbock as collector streets which are completely within a subdivision and which are dedicated by virtue of such subdivision under the provisions of Ordinance No. 1331 shall be the cost of the engineering involved in commercial or industrial .-, zones and shall be the cost of the engineering involved plus the cost of the pavement in excess of the cost of thirty (30) foot wide pavement in residential zones. Where such collector streets abut or border a new subdivision, money in the amount based upon the City Engineerts estimate must be deposited in escrow by the subdivider for his proportionate cost of one—half of the width of future pavement in order to satisfy the provisions of Ordinance No. 1331 as set forth below. IV. THAT, for all collector or lesser streets or portions thereof which abut or border a subdivision and which are dedicated either to the full width or to a partial width by virtue of such subdivision under the provisions of Ordinance No. 1331, the paving of which street is a single stage operation, money in the amount based upon the City Engineer's estimate must be deposited in escrow by the subdivider for his proportionate cost of one—half of the width of future pavement on said streets or portions thereof in order to satisfy the provisions of Ordinance No. 1331 and the policies established by this resolution. When the property ownerst proportionate cost of both halves of such streets has been provided for in`a manner satisfactory to the City, such collector or lesser streets shall be placed on a construction schedule which is to be determined by the City Engineer. A paving petition shall be all that is necessary from owners of property which is, not affected by Ordinance No. 13, 1 and which is on the opposite side of such streets bordering! a subdivision' in order to secure placement of said streets on a paving program when said escrow deposits as described above have been made by the subdivider. I a2 LOA 63 V. 1 THAT, the City Engineer's estimate of the money deposited in escrow by the subdivider for his proportionate cost of one-half of the width of future paving improvements, referred to above, shall be based on current bid prices at the time the estimate is made. No adjustment shall be made either to the City or to the subdivider in case of variation between the actual successful bid prices received' at the time of award of contract and the estimated bid prices. Similarly, no adjustment shall be made either to the City or to the subdivider in case of variation between the actual quantities of improvements constructed and the estimated quantities of improvements to be constructed. The Cityts Budget Funds will be credited or charged with any difference between estimated and actual costs; at the time of the acceptance of the actual improvements, and no monetary adjust- ment shall be made to the subdivider. This escrow money shall be kept in a special account and shall not be released' to the Cityts General Fund until the paving improvements have been completed and accepted by the City Commission. VI. THAT, a subdivider may dedicate additional width for a special marginal access road adjacent to a major street or to a semi-freeway, in which case if said dedication is encouraged by the City Planning Department, the subdivider may meet the paving requirements of Ordinance No. 1331 either by constructing or providing for by surety bond or cash deposit the paving improvements on said special marginal access road only. The City's proportionate cost of such special marginal access road construction adjacent to a major street or semi- freeway, in addition to the engineering involved, shall also include the entire cost of the pavement width in excess of fifteen (15) feet in residential zones and/or in excess of twenty-seven and one-half (27.5) feet in commercial or industrial zones. VII. THAT, the existing city policy of requiring all new street improvements to connect with existing improvements be excepted and modified to the extent that a subdivider need not connect paving improvements in his subdivision with existing pavements where it is not possible to do so without going' more than an intersection or portion thereof beyond the subdivision limits. In case paving an intersection or a portion thereof beyond the- subdivision limits is required to connect with existing pavement,, the city shall bear the entire cost of paving improvements in the intersection or portion thereof beyond the subdivision limits. The existing city policy of requiring that no partial block lengths be improved shall be excepted and modified to the extent that a subdivider may construct paving improvements for a partial block length where it is not possible to 'construct the complete block length without going beyond the subdivision limits. The existing city policy of requiring that no partial street widths; be improved shall be excepted and modified to the extent that. a subdivider may construct, as previously set forth in this resolution, partial widths on major streets, semi-freeways, and freeways which are thus designated on the Master Thoroughfare Plan of the City of Lubbock. To the owners of property which abuts the remaining portions of the block length or the remaining portion of the street width, whether such 'property is regulated by the provisions of Ordinance 1331 or not, these same exceptions in regard to complete widths and lengths shall necessarily apply. No exceptions or modifi- cations shall be allowed not hereinabove described. 1 6 Ago THAT, the existing city policy of paving cost distribution, as set out in a resolution passed on the 25th day of January, 1951, in respect to the city and property owners proportionate costs of paving improvements, specifically in reference to the side and front foot rates, on streets or on portions thereof 1 not dedicated by virtue of subdivisions made under the provisions of Ordinance No. 1331, be and is hereby reaffirmed subject to the change in regard to curb and gutter assessment as set forth in Section IX of this resolution and that the City Engineer be and is hereby directed to continue such policy affecting such d streets or portions thereof and abutting property thereof. The existing city +� policy of paying the entire cost of pavement widths in excess of the cost of thirty' (30) feet in residential zones and/or in excess of the cost of fifty—five (55) feet in commercial or industrial zones on those streets designated as collector streets, major streets, semi—freeways and freeways on the Master Thoroughfare Plan of the City of Lubbock, in addition to the City porportionate cost, referred to above, on the remaining thirty (30) and/or fifty—five (55) feet widths, be and is hereby reaffirmed and that the City Engineer be and is hereby directed to continue such policy affecting such streets or portions thereof and abutting property thereof. IX THAT, the present policy of assessing property abutting a street being improved for only a portion of the entire cost of the curb and gutter be changed i to a policy of assessment of such property for the entire cost of the curb and gutter where said street or portion thereof is not dedicated under the provisions of Ordinance No. 1331 and where a portion of or all of the abutting property is assessed for a portion of the cost of paving improvements. X. THAT, when it is necessary to widen existing pavement, none of the above policies shall apply and the proportionate costs to be borne by the City and by the property owners shall be determined by the City Commission. Similarly, when any other paving improvements are proposed for construction on city streets, highways and/or avenues which are of a special nature and which do not correspond to the above situations, note of the above policies shall apply and the propor— tionate costs to be borne by the City and by the property owners shall be determine by the City Commission. XI. THAT, where the City Commission finds that extraordinary hardships may result from strict compliance with this policy, the policy may be varied so that substantial justice may be done and the public interest secured, providing that such variation will not have the effect of nullifying the intent and purpose of this policy. XII. This resolution shall take effect and be in force from and after its �" passage. * � 0321ASS PASSED AND APPROVED THIS 26 DAY OF March 7953. Murre 1 R, ipp., ATTES L enia Lowe, tity Secretary VED: Vaughn E. Wilson, City Attorney APPROVED: W. B. Holmes, City Engineer