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HomeMy WebLinkAboutResolution - 045 - Provide For Paving Improvements - City Engineer - 3 Locations - 01_25_1979RESO - 45 1/25/79 RESOLUTION t 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: STREET NAME FROM TO E-W Alley between 42nd & 43rd St Hartford Ave. Indiana Ave. Boston Avenue (42') 81st Street 82nd Street E. 46th St.(521) Locust Ave. R.R. E. of Locust II. 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 1-1/2" 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 - commercial usage or zoning on one side of an alley, the single family residential usage and zoning on the other side, 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 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. (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 bettaeen '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 date 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 completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent 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 therof, such default shall mature the entire assessment upon which some 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 pro- visions of Article 1105B Revised Civil Statues of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 1979. ;]" irk West, Mayor ATTEST: Evb-lgn Gaffga, City Secferw APPROVED: Wilford Watson, City Engineer Johns C. Ross, Jr., City Attorney Approved as to form: , n f. Ross, Jr:, City A40rAsY