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Home My WebLink AboutResolution - 066 - Amend Resolutions - Paving Improvement Plans_Specs - Dated 01_11_79 & 01_25_79 - 02_08_1979RESO #66 (0/8/79 / RESOLUTION A RESOLUTION AMENDING RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF LUBBOCK r DATED JANUARY 11, 1979 AND JANUARY 25, 1979, 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. WHEREAS, THE CITY COUNCIL ENACTED STREET AND ALLEY IMPROVEMENT RESOLUTIONS DATED JANUARY 11, 1979 AND JANUARY 25, 1979 AND SUCH RESOLUTION SHOULD BE AMENDED AND COMBINED INTO ONE RESOLUTION TO READ AS FOLLOWS; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT THOSE CERTAIN STREET AND ALLEY IMPROVEMENT RESOLUTIONS DATED JANUARY 11, 1979 AND JANUARY 25, 1979 ARE HEREBY AMENDED AND COMBINED INTO ONE RESOLUTION TO READ AS FOLLOWS: 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, b'e improved as herein provided, to -wit: ALLEY (10' WIDE) NAME FROM TO E-W Alley bet. 59th & 60th Elgin Ave. Canton Ave. E-W Alley bet. 49th & 50th Quaker Ave. Memphis Ave. N-S-E-W Alley bet. Joliet & Indiana Dr. Indiana Dr. 82nd St. E-W Alley bet. 74th & 75th Hartford Ave. Indiana Ave. E-W Alley bet. 42nd & 43rd Hartford Ave. Indiana Ave. N-S Alley - 68th Dr. to Norfolk Norwood Norfolk STREETS Wayne Avenue (36') 58th St. 59th St. 79th Street (361) Boston Ave. Akron Ave. 79th Street (36') Akron Ave. University Ave. 80th Street (36') Boston Ave. Akron Ave. Toledo Avenue (36') 65th St. 66th St. Kemper Street (36') Quaker Ave. Salem Ave. Boston (42') 81st St. 82nd St. E. 46th St. (52') Locust R.R. - E. of Locust 82nd Street (86') Memphis Ave. Slide Road 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 1-3/4" 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 such improvements. is hereby directed to prepare plans and specifications for 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 straets, highways, avenues and/or alleys to be improved shall be assessed for and shah ;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. STREETDIPROVEMENTS (b)!;Th4 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'!,thsiremaining 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 6f 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,;,su6h 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 owner.s;'thereof, a lesser amount not to exceed the benefits. ALLEY DTROVEMENTS (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 pur- poses 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, senicommercial or multi family usage or zoning on one side of an alley and single family or two (2) family residential usage and zoning on the opposite side, then that, property used as single family or two (2) family residence shall be assessed f 'fty''(50%) percent of the cost of such improvements. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving isii'prati�ements as specified above, provided, that if it shall appear at the hearing 6 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) abode, shall be paid by the City of Lubbock. N The amounts assessed against and to be paid by railways and street railways for work between 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- �nents'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 $hall'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 thereof, such default shall 'mature the entire assessment upon which same 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 provisio 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. VII. II This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 1979. -West, Mayor ATTEST: Evelyn Gaffga, City Secre ar APPROVED: 40a�4�--- Willfl D. Watson, City Engineer APPROVED AS TO FORM: n C. Ross, Jr., Ci y Attorney