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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/16/19250 k) ) Jan. 16th. , 1925. City Commission met in Special Session with the followinz present: Mayor, R. Friend, Commissioners, R. 'd. Blair, J. 0. Jones, Geo. C. Wolffarth and .0 . S. Posey, R. A. Sowder, City Attorney and Y. S. Ruby, City Manager. By Motion made by Mr. Jones and seconded by Mr. Wolffarth Ordinance letting Con- tract for improvement of portion os avenue 4 passed its second reading. AVENUE Q SPENIAL FORM NO. 5, LUBBOCK._ ORDINANCE; LETTING CONTRACT FOR IMiROVZj1ENT OF PORTIONS OF AVENUE Q AND MAKITY3 PROVISION FOR PAYMENT OF INDEBTEDNEj� INCURRED THEREBY. 41ERFAS , the City of Lubbock has heretofore ordered that the following portions of :venue ,I in said City be impvoved by raising, grading, filling, and paving; same, &nd otherwise, such portions of street being as follows: Avenue Q from its intersection with the South property line of Sixth Street to its intersection with the North property line of Main Street, and from its intersection with the South property line of Main Street to its intersection with the North r ropety'line of Broadway Street, known as District or Unit No.18. Avenue QEfrom its intersection with the South property line of Broadway Street to its intersection with the North property line of Thirteenth Street, and from its intersection with the South property line of Thirteenth Street to its intersection with the North property line of Ninet•enth Street, known as District or Unit No. 19. and, d11EREAS, plans and specifications for such improvements wer, prepared and approved and bids advertised for and bid of Panhandle Construction Company pur- suant to such proce.dings and advertisement was received on the 8th. day of Jan. 1925, and said bid has been duly considered and is found and determined to be the lowest bid and the best bid for the city, rind the most advantageous bid for the city and the owners of property abutting upon the proposed improvements: THEREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK TEXAS,THAT, 1. The said bid of Panhandle Construction Company be and the same is hereby accepted and contract is awarded to Panhandle Construction Company. 11. Such contract, which is already executed by Panhandle Construction Com pany, and dated the 8th. day of January 1925, be and the same is hereby in all things approved, and the Mayor is directed to exeuute same in the name of the City and the City Secretary is directed to attest same and impress thereon the corporate seal. For the purpose of paying the eity's part of the cost of improvements provided for by such contract there is hereby appropriated out of available funds a sum sufficient for that purpose, and same shall be applied to that purpose and none other. passage. lV. This ordinance shall take effect and be in force from and after its Passed and approved this the 8th. day of January .. D. 1925. ATTEST: J. R. Germany, City Secretary. AVENUE Q SPECIAL FORM NO. 6. THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) 2. R. Friend. Vaayoor, , City of Lubbock - Texas. This CONTRACT made and entered into this the 8th. day of January 1925, by and between the City of Lubbock, Party of the first Part, and hereinafter termed CITY, and panhandle Construction Company, a corporation or- ganized under the laws of the State of Texas, with its principal office and place of business in the Cit;: and County of Lubboci, State of Texav, hereinafter termed CO'TTR_ICTOR? J31 W I T N E S S E T H: That for and in consideration of the promises and agreements hereinafter mentioned to be made and performed by the City, and under the conditions express ed in the bond of even date herewith, the Contractor hereby agrees with the City to make and to complete the construction of the hereinafter mentioned improve- ments, viz; Raising, grading, and filling, and installing curbs and gutters, with all necessary appurtenances, and paving with vertical fibre brick 6n natural foundation on the following streets in said City in accordance with plans and specification therefor which are here referred to and made a part hereof, to -wit: Avenue a from its intersection with the aouth property line of Sixth Street to its intersection with the North property line of Alain Street, and from its intersection with the South property line of Main Street to its intersection with the North property line of Broadway Street, known as District or Unit No. 18. Avenue :, from its intersection with the South property line of Broadway Street to its intersection with the North property line of Thirteenh Street, and from its intersection with the South property line of Thirteenth Street to its intersection with the North property line of Nineteenth Street known as District or unit No. 19i And Contractor further agrees to do and perform all extra work in connection with said improvements under the terms as stated in the specifications, and at tts own cost and expense to furnish all tools, materials, equipment, labor, supervision and other accessories necessary to said construction in accordance with the con- ditions and at the prices stated in the proposal attached hereto and in accordance with the general conditions ani in accordance with the plans and specifications therefor as prepared by Hawley & Roberts, herein entitled Engineer, all of which are made a part hereof, and all in the manner and under the conditions of sue. specifications. The Contractor shall be paid for skid improvements at the unit prices shown In said proposal, as follows: to -wit: All the cost of installing curbs and not exceeding three -fourths of the remaining coot shall be assessed against and paid by the owners of property abutting upon the ;ortions of str.ets and avenues to be improved, and shall be assessed against them and their abutting property in ac- cordance with the law and Charter in force in the City, and in accordance with the proceedings of the city with reference to such improvements, provided that no assessment shall be made against any owner of his property unti- after notice and hearing as provided by law and the proceedings of the city, nor any assessment be made against any parcel of property, or the owner thereof, in excess of the special benefits to such owner and his proper.- in the enhanced value thereof by means of the improvements in the Unit upon which the particular property abuts. The amounts to be paid by the abutting property and owners thereof shall be and become due in installments as follows, to -wit: In six equal annal installments due respectively on or before thirty (30) days, one, (1) Two (2) three (3) four (4) and five (5) years after completion and acceptance by the city of the im- provements in the block upon which the particular propert,, abuts, that is to say that upon the completion by the contractor a.,d the acceptance by the city of the improvements in a particular bloc', then the assessmF-nts against the owneraof property abutting upon such completed and accepted block shall be and become due in such installments, and the amounts of the several assessment.; shall bear in- terest from such date of completion and acceptance and until paid at 8� per annum payabl, annually, provided that any owner shall have th ri#ht to pay any or all installments before maturity by payment of principal with interest acvrued to date of payment, Lind provided further that if default be made in the payment of any installment promptly as the same matures, then, at th-- option of contractor, or its assigns, the entire assessment upon wbi-h default is made sl-:all be and become due, together with reasonable attorney's fees and costs of collection, if incarred. -fter deducting the: sums a-3essed against abutting property and the owners thereof, the remaining cost of such improvements shall be paid by the city, there being no improvement ordered in any area between rails and tracks and within two feet on the outside thereof of any railway or street railway. The sums to be paid by the abutting property and the owners thereof shall be assessed against them and their property in accordance with the law and Charter in force in this city, and the proceedings of the City, and subject in all things to thr• terms a.nd conditions of such law and k; harter, and the city shale be in no manner liable for the iayment or collection of the sums assessed uginst any abutt- ing property or the owners thereof, but the contractor and its assigns shall look exclusively to such property and the owners thereof for such sums, provided however, that the city does agree that it will pass all ordi.�ances and resolutions required and permitted by law for the making and levying of such assessments, and that it will exercise all of its lawful ppwers to aid in and enforce collection but all costs thereof to be paid by the contractor or its assigns. The city further agrees that in the event any assessment shall for an reason be held ar found to be invalid or unenforceable, that it will pass al � i ordinances and resolutions, and take all steps permitted by law to make and 1*Vy valid and enforceable reassessments, and upon the terms and conditions above set forth will exercise all its powers to aid in and enforce collection of any such reassessment, but shall in no manner be liable for the amount of any such re- assessm -nt. The City further agrees that upon the completion by the Contractor, and the acceptance by it of the improvements in any block or blocks, it will issue to the Contractor assignable certificates in evidence of the assessments levied against the property abutting upon such completed and accepted block or blocks, which certificates shall set forth the description of the property by lot and block number, number of front feet, or otr,er description sufficient to identify same. the name or names of the owners the-.-eof as far as known, the amount of the assess- ment levied, the rate of interest and the terms and time of payment, the lien against the property and the person�.l liability of the owners thereof, and such certificates shall recite substantially that the proceedings with reference to making such improvements have been regularly had in compliance with law and that all prerequisites to the fixing of the assessment lien against the property described in said certificate and the personal liability of the real and true owners thereof have been done and performed, and the recitals of duch certificate whall be prima facie evidence of the facts so recited, and no further proof thereof shall be required in any court. Said certificates shall further provide that all amounts evidenced thereby may be paid to the Tax Collector of the City of Lubbock, who shall thereupon issue his receipt therefor, and the Tax Collector shall deposit any sums so received by him immediately with the Treasurer of the said City, and tre said Treasurer, upon the presentation to him by the contractor, or its assigns, of the certificate or any coupon for payment of which any sums have been received by him, properly endorsed and credited with.said sums, shall thereupon pay to the contractor, or other holder or owner of such certificate or coupons, the sums so received and the contractor, or dither holder or owner, shall also give to such Treasurer his receipt therefor in writing, and such receipt and credit shall be the Treasurer's Narrant for making such payment, provided, that upon the payment in full of any certificate with costs of collection and reasonable attorney's,fees if incurred, to the Tax Collector, and the subsequent payment of such sums by the Treasurer to the ownerand holder of any such certificate, such certificate shall upon the payment to such owner and holder, be delivered to the Tax Collector. The said certificates shall be executed in the name of the City by the Mayor and City Secretary, and shall have i_..pressed thereon the corporat seal of the city, and same may have attached thereto coupons in evidence of any or all of the several installments in which same may be payable, and'sueh coupons shall be executed by the Llayor and Oity Secretary either by their signatures or their fac simili signatures. And such certificates shall not be required to contain the recitals in the exact form above set forth, but the substance thereof shall suf-ice, and the same may contain any other and additional recitals pertinent thereto. The Contractor shall not be requi-:ed to make or construct said im- provements in front of any property exempt by law from execution unle.,s the owner of such property shall first satisfactorily secure the contractor in the pay- ment of the prorata part of the cost of such improvement chargeable thereto, unless the Oity shall itself make satisfactory arrangements with the Contractor for the making and construction of such improvements, probided that if such improvements without such security or arrangement, be constructed in front of any such exempt property, than the owners thereof shall nevertheless be personally liable therefor. The omissio, of improvements in fr.:nt of any such exempt property shall in no wise inb_lidate or impair the lien of any assessment levied or fixed against an: other property. The undertaking of the contractor with reference to the making and con stru--tion of said work of excavating, raising, grading, fflling, constructing curbs and gutters, and paving, with appurtenance, is, as to such worm and improvements in each district or unit, separate and independent from his hndertaking as to such work and im rovcments in each and every other unit, and the assessments to be levied for such improvements in each unit shall be altogether separate from the assessments to be levied in every other unit, end in making and levying assessments against the property abutting upon one district or unit no fact, matter, or circumstance in connection with any other district or unit shall be considered, all as fully and to the same extent .as if altogether separate contracts had been executed with re- fer:nee to such improvements in each District or Unit. The Contractor agrees to commence the construction of the street paving work, wi_h necessary raising, grading, filling, curbs, gutters, and appurtenances, immediat. ly after the expiration of twenty ( 20 ) days from the date of final levy of assessments therefor, and further agrees to conduct the said work and to substantially complete same according to the rate of progress called for in the specifications. 3'-1 It is further understood and agreed that the contract and the bid therefor are based upon exisiting municipal freight rates, and sh_uld there be any deereade in such rate during the progress of the work, and under such dec-eased rate material used in such work is shipped, then a reduction in the unit prices sufficient to absorb such decrease shall be made, and should there be any increase in such rate:, then an increase in such unit prices sufficient to absorb such increase shall be made. IN WITNESS RHEREOF the parties have executed this agreem6nt in duplicate the day and date first above written. ATTEST: J. R. Germany, City Secretary. Qity of Lubbock. By F. R. tarty of the Ftiend, Mayor. First I art. (city). rA11Hf1NDLE CONSTRUCTIO-" CO. BY John Dalrymple, x-resident. Tarty of the Second Part. (Contractor) y SPECIAL FOR_ NO. 7 Bonds are sent for signature of Surety Company. AVENUE a SPECIAL FOR;' NO 8 LUBBOCK. Lubbock, Texas, Jan. 8th. 1925. TO 7-HE T°AYOR AND CITY COr9Td'ISSION OF THE CITY 07 LUB OCK TEXAS GENTLEI EN : In accordance with proveedings of your honorable Body and contract con- cerning the hereinafter mentioned improvements, we hand you herewith rolls or stuteme.nts concerning improvements on the following streets and units, to -wit: AVENUE "Q" from its intersection withthe "outh property line of Sixth Str et, to its intersection with the North property line of Ruin Street, and from its intersection with the South property line of Main Street to its intersection with the North 1roperty line of Broadway Street, known as District or '-lnit No. 18, the type of pavement to be vertical Fibre Brick on Natural Foundation. AVEIN E "Q`f ; from its intersection with the South property line of Br adway Street to its intersection with the North property linE• of 13th. Street, and from its intersection with the South property line of 13th. Street to its intersection with the North property lime of 19th. Street, known as District or Unit No. 19th. the type of pavement to be Vertical Fibre Brick on Natural Foundation. The rolls or statments are made separately and inddpendently for each Unit', and show thereo., the estimated cost of the improvements in the particular unit, &he descriptions of the various parcels of abutting property, the amounts proposed to be assessed ag,.inst each such parcel of property and the owner thereof, and showing other matters and things, Mo part of the cost of constructing storm sewers has been included in the costs to be assessed. Respectfully submitted, Hawley & Roberts, By H. N. Roberts, 'ngineers. BROAD4Y AND AVENUE "Q" SPECIAL FORM NO. 9, LUBBOCK �'� -9 Z, ORDINANCE APPROVING Li1GIN-EER' S ROLLS OR ST�.,T E1J3:NTS FOR I14PROVEMENTS ON SHE HER-,INBFL0W 1,13NTIONED (PORTIONS OF STREETS AND AVENUES DE TERMINED TO A3SE33 A PORTI0:1 O-` THE COST OF IMIROVEI42RNTS AGAINST ABUTTING Z- ROI &TY hND THE ON]TERS THE -::OF ORDERING HEARING ?IKING TI1v1E IdD IL?_CE THEREFOR : SD DI1:ECTING NOTICE THER_JOF : NT` DECIri RING AN EIlAER G!'NCY. .4HERE,AS, the City of Lubbock has heretofore orddred th,.t the hereinbelow mentioned protions of streets and avenues, among others, be improved by raising grading, and filling same, paving with foundation, and constructing curbs and gutters, all with appurtenances and accessories, z-nd otherwise improving same and plans and specifications for such improvements were adopted and approved, and bids advertised for and,received, an contract therefor entered into with Panhandle Construction `'ompany, and pursuant to proceedings of the City, the City rngin:.ers have prepared and filed -with the City Commission rolls or statements for the improvements on the hereinbelow mentioned portions of streets and avenues, and showing thereon descriptions of the various parcels of abutting property, wi.h names .of owners, as far as known, with the amounts pro- posed to be assessed, against each such parcel of property for improvements on the unit upon which the particular property abuts, and showing other matters and things, the said portions of str eta and avenues in connection with which such rolls -or statement have been filed being as follows, to -wit: BROA1Y'1AY STp :ET, from its intersection with the East property line of i.venue "P" , to its intersection with the East property line of ,Lvenue "U" known as District or Unit No. 2A, the type of pavement to be 2-j inch Vertical Fibre Brick on Concrete Foundation with 20 foot parkway in the :Addle. TROADiAY STREET, from its intersection with the East propert; line of Avenue ''U', to its intersection with the East property line of .,venue Y known as District or Unit No. 3 the type of pave- me'it to be 22 inch Vertical Fibre Brick .n Concrete Foundation, with 20 foot parkway in the middle 'IiVENUEE "" from its intersection with the South property lint- of J Sixth Street to its intersection with the North property line of I,iain Street, and from it6 intersection with the South property line of It:ain Street to its intersection with th, North prornrty line of Broadl ay Street, known as District or 'rnit No. 18, the type of pavemt-nt to be Vertical Fibre Brick on natural foundation. ,aV,:NUE -'a' from its intersection with the aouuth iroperty line of Broadway :treat, to its intersection with the :'orth property line of 16th Street, and from its intersectioi, with the :youth property line of 13th Street to its intersection with th- North pro perty line of 19th. Street, known as vistrict or Unit .o. 19, the type of pavement to be Vertical Fibre Briez on natural foundation. WH 3_.AS, rolls or stzAem--nts for such portions of streets and av=nues or units have been examined and corrected, wherever error found: yVHEI &AS, the present condition of said portions of str: ets and avelrues en- dangers public health and safety and requires that improvement thereof be pro- ceeded with while the weather will rermit, and require that this ordinznce be passed as an emergency measurt- since the improvemont will be delayed pending the taking e2fect of this ordinance and such facts constitute and create an em- ergency. THEREFOR::, BE IT Q??DxI`dED BY 2H_ CITY 0�4' LUBBOCK TEXS That the said rolls or statements be, aria the same are hereby adopted and approved, the descriptions of the various parcels or abutting property, the names of the ownera of the respective parcels as far as known, with the amounts 'to be assessed against each, and other matters and things, as shown by such rolls or statements being as follows, to -wit: 11. The City Commission does hereby fully and finally determine to assess a portion of the cost of the improvements in each unit against the parcels of property abutting thereon and against the ownersof such property. The amount and pro- portion of the improvements in each such unit which it is proposed to assess. against the property abutting thereon and the owners thereof is all the cost of installing curbs and three -fourths of the remaining cost of the improvements in each unit, the amounts so proposed to be assessed being as sho:.n on such rolls or statement; provided that no assessment shall in any case be levied against any parcel of property or the owner thereof until after the notice and hearing herein provided for, nor shall any assessment be levied in any case against any parcel of property or the owner thereof in excess of the special benefits to such property in thc- enhanced value thereof by means of the im- provements far which assessments are levied, as determined at such hearing, ill. That a hearing shall be given to the owners of property abutting upon said portions of streets, their agents anj attorneys and to all others in anywise interested in said property, said improvements, the contract therefor, or the costs and benefits thereof, or the manner in which such cost shall be paid and apportioned, or who may be in anywise concerned or interested in said improvements, contracts, assessments, rroceedings, or in any matter or thing connected therewith or incident thereto, which said hearinz shall be held by and before the City Commission of the Lity of Lubbock on the 11 day of Feb. 928 at 3:30 o'clock F.Q. in the City Ball in the City of Lubbock, Texas, and at such hearing all Owners of propert:, abutting upon the said portions of streets, their agents and attorneys and all others in anywise interested concerned or affected, shall receive a full and fair hearing of all matters with reference to the said proposed assessments against them and their property, and any irregularity and any invalidity in any proceeding with reference thereto, the special benefits of said improvements to their pro- perty in th;- enhanced value thereof, or any other matter or thing with re- ference thereto; and such hearing may be continued from day to day and from time to time without further notice, until all presenting themselves either in person or by agent or attorney have been fully and faitly heard. At such hearing any owner of property or any oth.:.r person interested or affected shall have the right to introduce evidence and sub-poena witnesses. after such hearing the City Commission from the evidence before it will determine the amounts to be assessed against each parcel of abutting property and the owner thereof, and may correct any errors, irregularities or invalidities requiring correction that may come to the attention of the City Commission; and such hearing will be closed and assessments will by ordinance be levied against the various parcels of abutt ng property and against the owners thereof, whether such oivn�rs be named herein or not and the real land true owners and all other persons in anywise interested in any property abutting upon the said portions of streets, shall be and are hereby hotified of the said hearing, of the time and,place thereof, and of all other matters and things herein contained. Said, assessments when levied shall be a first and prior lien upon the property against which such assessments are levied and a personal liability of the real and true owners of such property. 1V. The improvements one ch portion of street or avenue atrove set forth constitute a separate and distinct unit of improvement, and the assess- ments for the improvements in each unit shall be made and determined in- dependently of assessments for the improvements in any other unit. The amou_jts of the assessments for tht im•.,rovements in ons unit shall in no wise be affected by any fact in connection with the improvements in any other unit. V. That the City Secretary is hereby directed to give notice to all owners of property abutting upon the sai: portions of streets to be im- proved and to all others in anywise interested or affected of tr,e time, place, and purpose of such hearing by causing a substantial copy of this ordinance to be published in a newspaper published in and of general ci.- culation in the �;i ty of Lubbock, at least three times, the first of which publications shall be made not less than ten days before the date fixed for such hearing; and by such notice the real and true owners of the pro- pprty abutting upon all said portions of streets shall be and are notified of all matters and things herein contained, whether named herein or not, and whether or not their property be correctly described herein. The City Secretary shall also mail a copy of such notice by registered letter addre5aed to each of such owners at their address, if known, or if unknown, to their agent or attorney, if known, deposited in the Lost Office of the Uity of Lubbock, Texas, at least ten days before the date set for said hearing, but such notice and service by letter shall be only cumulative of the skid notice by advertisement and publication, and such notice by ad- vertisement and publication shall in all cases be sufficient, valid, and binding, whether or n,;t any other notice be givdn. V1. The facts recited in the preamble hereto constitute and create an em- ergency requiring the rule providing for ordi_:ances to be read at more than one meeting be suspended, and requiring that this ordin iice be passed and take effect as an emergency measure, and such rule is accordingly suspended, and this ordinance is passed as an emergency measure and shall take effect and be in force i..mediat::ly upon its passage* rassed and approved this 8 day cf Jan. 1925. ATTLST t i,'or, ty of Lubbock. V Upon motion made by Mr. Jones and seconded by Mr. Blair the Layor and Secretary were authorized to deed property back to R. H. Eartin that was given to the City for well site. Upon motion made by Mr. Jones and seconded by T;',r. dolffarth the Secretary ✓ was instructed to pay D. L. 2'cDonild $6630.00, contract price on Lartin dell. "r. Ruby was instructed to locate new well site by motion made by P-Ir. Jonesand seconded by "r. :31air. By motion made by Mr. dolffarth and seconded by Mr. Blair the following bills were allowed paid. The Texas Uompany Lubbock _auto Company Cole's Cafe Cicero Smith Lumber Qo. Boone Bros. R. S. Wofford Tin Shop Myrick Hardware Lubbock Buick garage Lubbock Jrain & Coal Rix ftrniture & Und. Co. Simpson Blectric Co. Plains Journal Floyd Beal Drugs Jons Sins Nislar ardware Maverick -Clarke -Litho Southwest Meter Box Co. Owens Electric Shop The Army Store Owens Electric Shop Sam Gentry Texhoma Oil & Refini g California Stamp Co. Western Windmill Co. Chaj. C. Hornsby Supply Clowe & Cowan, G.C. IButler Mill Oakland Sales Co. Stafford Lowdon Uo. J. E. Smiley Moore Bros. Lydick Roofing Co. Carrington Tire Shop Co. Co. Mrs. J. N. Bryan S. S. Cl&ss Western-Bleetric Co. Axtell Co. Bowens Druz Store Roche Newton Westinghouse Electric & Mfg. J. Radford roc. Co. Sherrod Bros. Guld Refg. Co. �362.19V. 7.92 14.20 126.60 46.75 4.50 35.05 1.62 37.60 5.00 162.65 46.80 8.75 3.00 48.30 27.12 125.00 11.80 64.19 69.05 36.80 24.59 6.40 57.22 219.69 81.69 59.10 88.50 25.14 8.25 7.50 5.00 13.34 10.90 12.50 59.95 48.34 1.25 22.75 14.35 1.99 5.95 7.65 97.04 IN BROAV; AY SPECIAL FORM NO. 7. LUBBOCK. THE STATE OF TEXAS) COUNTY OF LUBBOCK ) KNOW ALL MEN BY THESE PRESENTS: That, We, Panhandle Construction Company, of the City of Lubbock, County of Lubbock, State of Texas, as Principal, and National - Surety Company of New York, a corporation having a permit to do business in the State of Texas, and duly authorized under the lags of the State of Texas to act as surety, as Surety, are held and firmly bound unto the City of uubbock, Texas, and to the sub -contractors, workman, laborers, mechanics, and furnishers of material, as their interest may appear, all of whom shall have the right to sue upon this vond, in the papal sum bf $46,562.93, lawful currency of the United States of America, for the payment of which well and truly to be made we do hereby bind ourselves, our heirs, executors, ad- gpinistrators, and successors, ,lointly and severally, and firmly by these presents; The condition of this bond is such that; WHEREAS, the above bonded Panhandle Construction Company has, on the 8th. day of January, 1925, entered into a contract with the City of Lubbock, Texas, for furnishing all materials, equipment, labor, supervisbon, and otner accessories necessary for raising, grading, filling, and paving the streets and avenues set forth in said contract, and constructing con- crete curbs and gutters thereon, all as set forth in Section 111 of the Specifications referred to in such contract, and in Proposition "B" attached thereto and made a part thereof; NOW,TEEREFORE, if the above bounden Panhandle Construction Company shall and will faithfully perform all of the obligations therein undertaken to be T erformed, in so far as same relate to such raising, grading, filling, paving with foundation, And the construction of curbs and gutters and em- braced in Section 111 of such specifications and in said Proposition "B" and will in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agre;.ments in slid contract relating to such work, and according to the true intent and meaning of said contract, plans and specifications, a.nd as weLl during any period of extension of pica contract that may be granted on the part of the City of Lubbock, Texas, as during the original term of same, and shall well and truly pay al sub -con- tractors, workmen, laborers, mechanic's, and furnishers of material all moneys to them owing by said Panhandle Construction Coma any for sub -contracts, work, labor, and material done and furnished for the construction of such raising, grading, filling, paving with foundation,and curbs and gutters, as emLracPd in such Section 111 of the specifications and said Proposition "B", then th6s obligation shall be and become null and void., otherwise to remain in full force and effect. It is the intent of this bond to guarantee the faithful performance of all the obligations of such contract and the payment of all material and labor bills, in so far as same relate to or are connected with the work of raising, grading, filling, anO paving the streets and installing concrete curbs and gutters thereon. But it is not the intention of this bond to guarantee the performance of anv obligation in connection with the work speffified in Section 11 of the Specifications or in proposition "A" attached thereto, which relate to storm sewers, but an entirely separate obligation has been given in connection witn such obligations relating to storm sewers. It is expressly stipulated that upon the completion by Panhandle Construction Company of such work of raising, grading, filling, paving with foundation, and construction of curbs and gutters iFith appurtenances in any district or unit of improvement included in said contract and the acceptance thereof by the City of Lubbock, Texas,, that thereupon and thereby the ob- ligation of this bond shall be and is reduced in the proportion which the value of such completed and accepted work at the unit rrices therefor bears to the total amount of such work covered by such contract at such unit prices. And it is further expressly stipulated that should the Cit17 of Lubbock for anv reason cancel or release such contract for the improvements of raising, grading, filling, Taving on foundation, and constructing curbs and gutters with appurtenances in anc on any unit or units of improvement mentioned thereon, then and therb)7y the obligations of this bond shall be released to the extent that the cost of the improvements rrovided to be made in such unit or units at the unit prices therefor bears to the total cost of such work embraced in such contract at such unit prices. IN WITNESS WHEREOF the said Panhandle Construction Company has hereunto set its hand and the s.Iid Surety has caused these presents to be executed by its dal-7 authorized agent and Attorney in Fact and its corporate seal to be hereto affixed, this the loth. day of January, 1925. P -iITH_ RDLE C ON S TRUC TI 0 ' C OMP AN Y BY John Dalrvmple, Pres. Principal. NATI7i',kL SURETi COMPANY By Gus S. Worsham Vice Pres. Attest T. G. Barrow. Asst Secy. AVENUE Q SPECIAL FORM NO 7. LUBi=OCK. KNOW ALL MEN BY THESE PRESEFTS;That, We, Panhandle Construction COmpanv, of the City of Lubbock, County of Lubbock, State of Texas, as Principal, and National Surety Company of New York, a corporation having a permit to do business in the State of Texas, and duly authorized under the laws of the state of Texas to act as surety, as Surety, are held and firmly boundunto the Cit•- of Lubbock, Texas, and to the sub -contractors, workmen, laborers, mechanics, and furnishers of material, as their interest mmy appear, all o`'whom shall have the right to due upon this bond, in the penal sum of $34,916.80, lawful currency of the United Stated of America, for the xayment of which well anc truly to be made we do hereby bind ourselves, our heirs, executors, administrators, and successors, iointly and severally, and firmly by these presents; The condition of this bond is such that; WHEREAS, the above bonded Panhandle Construction Company has, on the 8th. day of January, 1925, entered into a contract *ith the City; of Lubbock, Texas, for furr.ishinF� all materials, equipment, labor, supervision, and otner accessories necessary for raising, grading, filling, and paviv,g the streets and avenues set forth in said contract, an6 constructing concrete curbs and gutters thereon, all as set forth in Section 111 o" the specifications referred to in such contract, and in Proposition "B" attached thereto and made a part thereof; 14OW `1'hEhEFOnE, if the above bounden Pan-andle Construction company shall and will faithfully perform all of the obligations therein undertaken to be performed, in so far as same relate to such raising, grading, filling, paving, with foundation, and the construction of curbs and gutters, and embraced in Section 111 of such specifications and in said Proposition "B", and will in allrespects duly and faithfully observe and perform all any singular the covenants, conditions, and agreements in said contract relating to such work, and according to the true intent and meaning of said contract, plans, and spe(fifications, and as well during any period of extension of said contract that may be granted on -,-he part of, the City of Lubbock, Texas, as during the original term of same,and -hall well and truly pay all sub -contractors, zorkmen, laborers, mechanic's, and furnishers of material all monevs to them owing by Raid Panhandle Construction Company for sub -contractors, work, labor, and material done and furnished for the construction of such raising, grading, fillin.�, paving with foundation, and curbs anO gutters, as embraced in such Section 111 of the specifications and said Propostion "B", then this obligation shall be and become null and void, otherwise to remain in full force and e,'fect. It is the 'ntent of tnis bond to guaranted the faithful per- formance of all the obligations of such contract an the payment ol. all material and labor bills, in so far as same relate to or are connected r•ith the work oi' raising, grading, filling, and paving ,he streets and installing concrete curbs gutters there- on, but it is not the intention of thi bond to guarantee the performance of any ob ligation in connection with the work specified in Section 11 o- the specifications or in pr,)position "3" attached tnereto, waicn relate to storin sewers, brit In entirely separate obligation has been ?iven in connection with such obligations relating to storm sewers. It is expressly stipulated that upon the comnl etion by Panhandle Construction Comr-an- of such work of raising, grading, filling, paving, with foundation, and construction of curbs and gutters with appurtenances in any district or unit of improvement included in said contract and the acceptance there of by the Cit7 of Lubbock, Texas, that t-ereupon ind tnereby the obligation of this bond. shall be and is reduced in the proportion which the value of such com- pleted and accepter work at the unit prices therefor tears to the total amount of such ,•.ork covered by such contract at dish unit prices. 339 And it is furhter e3tpressly stipulated that should the City of Lubbock for an7 reason cancel or release ■uch contract for the improvements of raising, grading, filling, paving on foundation, and constructing curbs and gutters i•:ith appurtenances in an on any unit or units of improvement mentioned therein, then and thereby the obligations or this bond shall be released to the extent that the cost of the improvements provided to be made in such unit or units at the unit prices therefor beers to the total cost of such work embraced in such contract at such unit prices. III WI TNES. WHEREOF the said I-anhandle Construction Company has hereunto set its hands ,ana the said Surety has caused these presents to be executed b7 its dul-r authorized Agent anO Attornev in Fact and its corporate seal to be hereto affixed, tais the 10th. day of Januar—, 1925. PANHINDLE COVST::UC _I011 COYT± ZY By Principal Va'�'IOV.iL SURETY COMPANY By Gus S. Ylb rtham, A'test T. B6 Barrow Asst. Se07.