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HomeMy WebLinkAboutResolution - 3955 - Declare Public Necessity, Paving Streets & Direct City Enginner To Prepare Plans - 09/10/1992Resolution No. 3955 September 10, 1992 Item #26 RESOLUTION A RESOLUTION 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. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: Streets Name From To North Avenue N North Loop 289 Wabash Street SECTION 2. THAT said portions of streets, highways and avenues shall be improved by raising, grading, and filling same, by installing concrete curb and gutters, by installing a compacted base and by surfacing with 1 1/2" asphaltic concrete surface. SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: STREET IMPROVEMENTS (a) The 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 the remaining cost of such improvements, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 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 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 installations, the first of which shall become due on or before twenty (20) days after completion and acceptance of the improvements in the unit on which the property abuts 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 abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent per annum on street improvements and eight 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 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 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 provisions of Article 11056, Revised Civil Statutes of Texas as amended by Chapter 281 of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. - 2 - Passed by the City Council this 10th f September 1992• ATTEST: Raneltte Boyd, City Secy APPROVED AS TO CONTENT: F Larry Hertel, City ngineer APPROVED AS TO FORM: JAI ",It rt u ingim, Assistant C t, Attorney JWF: VAGENDA-DUMPNAVEN.res August 31, 1992 — 3 — ��..._...r .rn1, 12 ,,,.