HomeMy WebLinkAboutResolution - 2002-R0241 - Resolution Providing Improvements To Portions Of An Alley - Canton Ave. - 06/26/2002Resolution No. 2002-RO241
June 26, 2002
Item No. 23
RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF
AN ALLEY 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 an
alley in the City of Lubbock and along the boundaries thereof be improved as herein
provided, to -wit:
Alley between 20th Street and 21`h Street from Canton Avenue to Detroit
Avenue;
SECTION 2. THAT said portions of the above-described alley 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 26th day of -,% Jud , 2002.
r -y
MARC M(I]DOTGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
ia7rr�yy Hertel, dty Engine r
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs:/ccdocs/Alley Relocation.res
June 17, 2002
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