HomeMy WebLinkAboutResolution - 2001-R0280 - Resolution Providing For Improvements To Portions Of City Alleys - 07/12/2001Resolution No. 2001—R0280
July 12, 2001
Item No. 27
RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF
ALLEYS 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
alleys in the City of Lubbock and along the boundaries thereof be improved as
herein provided, to -wit:
Alley between 10th Street and 11th Street from Salem Avenue to Quaker Avenue;
Alley between 56th Street and 57th Street from Memphis Avenue to Nashville
Avenue;
Alley between 85th Street and 86th Street/Oxford Avenue from 85th Street to
Oxford Avenue;
Alley between 77th Street/York Avenue and 78th Street/Zoar Avenue from Slide
Road to 79th Street.
Alley between 8th Street and 9th Street from Salisbury Avenue to Salem Avenue.
SECTION 2. THAT said portions of the above-described alleys shall be improved
by raising, grading and filling same, and by installing a ten foot (10') wide, five inch (5")
minimum depth reinforced concrete strip in the center of the alley 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 a part of the cost of such improvements in the following
manner: All property will be assessed ninety percent (90%) of the total
construction cost. Said abutting property and the 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 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
such special 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 eight percent (8%) 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 12th day of July , 2001.
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ATTEST:
Rebecca Garza, City Secretary
APPROVED .AS TO eONTENT;
Engine
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
gs\ccdocs\Alley Relocation.res
May 2, 2001