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HomeMy WebLinkAboutResolution - 2439 - Prepare Plans - City Engineer - 1986 Paving Assessment Project - 10/08/1986Resolution #2439 Agenda Item #14 RESOLUTION October 7, 1936 A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, gVENUES 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 LUBBOCK, TEXAS THAT: I. Public necessity exists that the following portions of streets, highways, venues and/or alleys in the City of Lubbock and along the boundaries thereof, e improved as herein provided, to -wit: ALLEY (10' WIDE STREETS 80th Street (361) NAME Boston Ave. FROM TO -W alley between 33rd St., Elgin Ave. Akron Ave. (36') nd 34th St. Akron Ave. (36') 116.5' W. of Ave. "W" 361' E. of Ave. "X" -W alley between 7th St. 76th Street (36') Ash Ave. nd 8th St. Ave. "B" Salisbury Ave. Salem Ave. -W alley between 20th St. 79th Street 80th Street nd 21st St. 81st Street Elgin Ave. Detroit Ave. -W alley between 42nd St. Ave. "X" Queens Street (42') nd 43rd St. Ash Ave. (46') Hartford Ave. Gary Ave. STREETS 80th Street (361) Akron Ave. Boston Ave. 80th Street (36') Boston Ave. Elgin Ave. 81st Street (36') Boston Ave. Elgin Ave. Akron Ave. (36') 79th Street 80th Street Akron Ave. (36') 80th Street 81st Street E. 75th Street (36') Ash Ave. Cedar Ave. 76th Street (36') Ash Ave. Ave. "B" 77th Street (361) Ave. "B" Ave. "D" 23rd Street (36') Juneau Ave. Iola Ave. Boston Ave. (42') 79th Street 80th Street Boston Ave. (42') 80th Street 81st Street N 2 Stanford Street (42') University Ave. Ave. "X" Rice Street (42') University Ave. Ave. "X" Queens Street (42') University Ave. Ave. "X" Ash Ave. (46') 74th Street 76th Street Ave. "X" (521) Stanford Street Loop 289 Ave. "X" (521) Rice Street Stanford Street Ave. "X" (52') Queens Street Rice Street II. Said portions of streets, highways, and avenues shall be improved by raising, grading, and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted RESOLUTION (Page 2 ) caliche base and by surfacing with hz" asphaltic concrete surface. Alleys shall' be improved by installing a ten (10) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley right-of-way. III. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) 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, after deducting the sums to be paid by the railways under sub -paragraph (a) above, 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 pro- vided 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 abut- ting property and the owners thereof, a lesser amount not to -exceed the benefits. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property will be assessed ninety (90) percent of the total con- struction cost. Said abutting property and 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 en- hancement 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. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby and against abutting property and the owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock, V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks, and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the RESOLUTION (Page 3) improvements in the unit in which the railway lies, by the City Council and shalt bear interest from date due and _until paid at the rate of 8% per annum. 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 20 days after completion and acceptance of the improvements in the unit on which the property abutts 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 abutts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of �'ghtpercent per annum on street improvements and eight percent per annum on alley improvements, payable annually, with provisions that if default be made in ithe 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. VI. Assessments shall be made and levied, and shall be a 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 1105B 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. VII. This resolution shall take effect and be in force from and after its Qe. PASSED AND APPROVED THIS 7TH DAY OF OCTOBER, 1986. 0 e.��, B.C. McMinn, Mayor ette�oyd, City Secret AS TO Larry V. ,#offman, Dir or of Transportation AS TO FORM: C- c hn C. Ross, Jr., City Attorney