HomeMy WebLinkAboutResolution - 2001-R0393 - Res. Providing For Improvements Of Streets - 10/11/2001Resolution No. 2001-RO393
October 11, 2001
Item No. 23
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:
Frankford Avenue from 82nd Street to 98"' Street
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 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 11th day of October , 2001.
WINDY SI ON, MAYOR
ATTEST:
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Rebecca Garza, City Secretary
AS TOS CO
, City
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdocs/StUseLic-FrankfordAve-821 to 98th.res
Aug 31, 2001