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HomeMy WebLinkAboutResolution - 042529 - Street Improvements - Panhandle Construction Co - Avenue G - 04/25/1929LUBBOCK CORRECTION FORM 8 - (Unit 19 ) C O N T R A C T THIS CONTRACT made and entered into this day of, A. D. 1929, by and be ween the CI��, Party of the First Part, hereinafter termed as "CITY", and PANHANDLE CONSTRUCTION COMPANY, a corporation organized and existing under the Laws of the State of Texas, and with its principal office in said City, Party of the Second Part, hereinafter termed "CONTRACTOR". W I T N E S S E T H: I. That for and in consideration of the payments and agree- ments hereinafter mentioned to be made and performed by the City and under the conditions expressed in the bond of even date here- with, the Contractor hereby agrees with the City to make and com- plete the construction of the herein mentioned improvements, namely: The construction of storm sewers in accordance with the plans and specifications therefor. Also the making and construct- ion of other street improvements, including raising, grading and filling, and by installing concrete curbs and gutters on Unit 19, and by paving with No. 1 - 2-1 inch Vertical Fibre Brick Pavement on Four Inch Concrete Base, in accordance with the plans and T ecifi for all such improvements prepared by ol,� , City Engineer$, and hereto ore adopted by e City, all together with necessary incidentals and appur- tenances, and the extra work in connection therewith as provided in such plans and specifications, and at Contractor's own cost and expense to furnish all tools, machinery, materials, equip- ment, labor, supervision, and other accessories necessary for the performance and construction of said improvements at the prices stated in its proposa therefor made and filed with the City on the / 3 day of ' L , 19Z6)-, and in accordance �th a said lan a speci cations prepared by the said p/ L�T City Engineer, all of which are made a par ereo , an -d --a n the manner and under the terms and con- ditions of said specifications, which are also made a part hereof: II. The Avenue upon which the said improvements are to be constructed is as follows, to -wit: AVENUE G from its intersection with the South property line of Thirteenth Street to its inter- section with the South property line of Seven- teenth Street, known and designated as Unit or District No. 19. The Contractor shall be paid for said improvements at the unit prices shown in its said proposal and in the following manner, to -wit: The improvements in said Unit or District shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said avenue so to be improved shall pay for and be assessed for all the cost of work in the area be- tween their rails and tracks, double tracks, turn -outs and switches, and two feet on each side thereof. (b) The abutting property and the owners thereof shall pay for and shall be assessed for all the cost of constructing curbs in front of such respective properties and 9070 of the re- maining cost of such improvements after deducting sums to be paid by railways and street railways under Sub -paragraph (a) above, and after deducting cost of constructing storm sewers, if any, provided that if it shall appear at the hearing to be had before final assessment that the special benefits to such property in the enhanced value thereof by means of such improve- ments will not aggregate such proportion of costs, then there shall be assessed and be paid by such abutting property, and the owners thereof,the amount of such benefits. (c) The remaining cost of said improvements after de- ducting sums finally assessed against railways and street rail- ways under sub -paragraph (a) hereof, and against abutting pro- perty and the owners thereof under sub -paragraph (b) above, shall be paid by the City of Lubbock on estimates as the work progress- es as is provided in said specifications. IV. No assessment shall be made against any owner or his property until after notice and hearing as provided by law and the charter with amendments in force in the City, nor shall any assessment be made against any parcel of property, or the owner thereof, in excess of the special benefits to such owner and his property in the enhanced value thereof by means of the im- provements, and no assessment shall be levied against any rail- way or street railway for work between rails and tracks and two feet on each side thereof until after such notice and hearing. V. The amounts to be paid by the abutting property and the o..ners thereof for the improvement in said unit shall be and be- come due in installments as follows, to -wit: In six equal an- nual installments, due respectively on or before 10 days, 1, 2, 3, 4 and 5 years after completion and acceptance by the City of the improvements in said unit, and shall bear interest from the date of such completion and acceptance and until paid at the rate of 7 per annum, payable annually, with provision that if default be made in the payment of any installment promptly as the same matures, then, at the option of the holder of any such assessment or certificate issued in evidence thereof, such de- fault shall mature the entire assessment upon which the same is made, so that upon completion by the Contractor and the accept- ance by the city of the improvements, then the assessment against the owners of the property abutting said unit shall be and be- come due in such installments, and the amounts of the several assessments against the property abutting upon said unit shall bear interest from such date of completion and acceptance as hereinabove provided. -2- VI. The amount to be paid by and assessed against railways and street railways for work between rails and tracks and two feet on each side thereof shall be payable on estimates as the work progresses in the same manner as is provided in the speci- fications for estimates to be paid by the city and in the same proportions, and shall bear interest from date due and until paid at the rate of 7per annum, and upon completion of the work in said unit all retained percentagesfor work in such area, as well as all retained percentages on its portion of the cost of the work in said unit shall be paid to the Contractor. VII. The sums to be paid by the abutting property and the owners thereof, as well as the sums to be paid by railways and street railways for work between rails and tracks and two feet on each side thereof, shall be assessed against them and their property in accordance with the law and charter with amendments in force in this city, and in accordance with the proceedings of the City with reference to such improvements, and subject In all things to the terms and conditions of the law and char- ter with amendi-Lents and the City shall in no manner be liable for the payment or collection of the sums assessed against any 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 in the event construction of improvements be omitted in front of any proper- ty exempt by law from the lien of special assessments for street improvements, and the remainder of the unit be improved, then the city will pay to the contract the part of the assess- ment against such omitted property over and above the sum which, but for such omission, would be due to the Contractor for work and improvements in the omitted area, and provided further that the City does agree that it will pass all ordinances and resol- utions required and permitted by law and its charter with amend- ments for the making and levying of such assessments, and that it will exercise all its lawful powers to aid in and enforce collection, but all costs thereof to be paid by the Contractor, or its assigns. VIII. The City further agrees that in the event any assessment shall, for any reason, be held or found to be invalid or unen- forceable, it will pass all ordinances and resolutions and take all steps permitted by law and its charter with amendments to make and levy valid and enforceable re -assessments, and upon the terms and conditions above set forth, will exercise all its powers to aid in and enforce collection of any such re -assessments, but it shall in no manner be liable for the amount of any such re- assessment. The City further agrees that upon completion by the Con- tractor and the acceptance by it of the improvements in said unit, it will issue to the Contractor assignable certificates in evi- dence of the assessments levied against the property abutting up- on said unit, which certificates shall set forth the description of the property by lot and block number, numb er of front feet, or other description sufficient to identify the same, the name or names of the owners thereof as far as known, the amounts of the assessments levied, the rate of interest and the terms and time of payment, the lien against the property and the personal lia- bility of the owners thereof, and such certificates shall recite substantially that all proceedings with reference to the improve- ments therein referred to and assessments evidenced thereby have been regularly had in compliance with law and charter, and that min all prerequisites to fixing of the assessment lien against the property therein referred to and the personal liability of its owners, has been performed. Similar certificates shall be issued in evidence of the amounts that may be assessed against any railway or street railway for work between rails and tracks and two feet on the outside thereof. Said certificates shall further provide that the 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 im- mediately with the Treasurer, and the Treasurer upon the pre- sentation to him by the Contractor, or its assigns, of the cer- tificate or any coupon for payment of which any sums have been received by him, properly endorsed and credited with such sums, shall thereupon pay to the Contractor, or other such owner or holder of such certificates or coupons, the sums so received, and the Contractor or other holder or owner shall give to the Treasurer his receipt for such sums in writing, and such receipt and credit shall be the Treasurer's warrant for making such pay- ment, provided that upon the payment in full of any certificate with costs of collection and reasonable attorneys' fees, if in- curred, to the Tax Collector, and the subsequent payment of such sums by the Treasurer to the owner and holder of any such cer- tificate shall be delivered over to the Tax Collector. Such certificates shall be executed in the name of the City by the Iayor, attested by the City Secretary, and shall have impressed thereon the corporate seal of the city, and same may have attached thereto coupons in evidence of any or all of such installments as same may be payable, and such coupons may be executed by the Yayor and City Secretary, either by their original fac similie or lithographed signatures. Such certificates shall not be required to contain re- citals in the exact form above set forth, but the substance thereof shall suffice, and the same may contain any other and additional recitals pertinent thereto. The Contractor shall not be required to make or con- struct said improvements in front of any property exempt by law from the lien of special assessments for street improve- ments unless the owner of such property shall first satisfac- torily secure the contractor in the payment of the pro -rata part of the cost of such improvements chargeable and assessed against the same, unless the City shall itself make satisfac- tory arrangements with the Contractor for the making and con- struction of such improvements, provided that if such improve- ments, without such security or arrangement, be constructed in front of any such exempt property, then the owners thereof shall nevertheless be personally liable therefor. The proportionate part of the improvements to be omitted in front of any such exempt property in any case where same is to be omitted shall be the curb and gutter, and the other im- provements in the area immediately in front of and abutting such property and to the extent of 45 of the improved width of the street. The omission of improvements in front of any such exempt property shall in no wise invalidate or impair the lien of any assessment levied or fixed against any other property. I%. The storm sewers are to be constructed where provided for in the plans and specifications therefor, and constitute no part of the improvements for which assessments are to be levied. -4- The City shall pay for all of the cost of constructing such storm sewers. Separate estimates for the storm sewer construc- tion shall be made, and upon the completion of such work, re- tained percentages therefor shall be paid to the Contractor, whether or not the other improvements be completed at the time. X. Contractor agrees to commence the construction of storm sewers within ten days after being notified in writing so to do, and agrees to commence the construction of the other im- provements immediately after the expiration of twenty days from the date of final levy of assessments therefor, and further agrees to conduct work and substantially complete same accord- ing to the rate of progress called for in the specifications. XI. Contractor in performing the contract shall use only first class materials and workmanship, and upon the completion of the pavement in said unit, shall furnish to the City a bond equal to 100 of the cost of the improvements, exclusive of storm sewers in said unit, with an approved surety guaranteeing such improvements for a period of five years from the date of such completion and acceptance thereof by the City, and agreeing to rebuild or replace any improvements that may require rebuilding or replacement by reason of any defects in material or workman- ship, upon the terms and as provided in the specifications. XII. Upon the execution of this contract, Contractor shall furnish to the City a bond guaranteeing the performance hereof, excepting the agreement to furnish guaranty or maintenance bonds as contained in Paragraph XI, and in the sum of 46 `lhenever storm sewers shall have been completed and finally accepted, said construction bond shall be released pro tanto, and upon final completion and acceptance of the other im- provements in said unit, such construction bond shall be- re- leased pro tanto so that same shall at all times remain in force and in effect only as to the work not finally accepted. IN ',WITNESS WHEREOF, the parties have executed this instrument in duplicate the day and date first above written. ATTEST: y Secretary. CITY OF LUBBO K By mayor. Party of the First Part. PAM4a Bye n . Party of the Second Part.