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HomeMy WebLinkAboutResolution - 2000-R0088 - Providing For Improvements To 98Th Street, Milwaukee Ave - 03/23/2000Resolution No. 2000-R0088 March 23, 2000 Item No. 43 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 streets in the City of Lubbock and along the boundaries thereof be improved as herein provided, to wit: 98th Street from Indiana Avenue to University Avenue Milwaukee Avenue from FM 2255 (4"' Street) to 34`h Street SECTION 2. THAT said portions of the above-described streets 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 with 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 23rd day of March , 2000. ATTEST: KaythiDarnell, City Secretary APPROVED AS TO CONTENT: City Engineer APPROVED AS TO FORM: �/,�..:.._ 10,E William de Haas, Competition and Contracts Manager/Attorney Dh.82ndSt.res.