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HomeMy WebLinkAboutResolution - 072529 - Contract, Street Improvements - Panhandle Construction Co - 19Th & 17Th Streets - 07/25/1929LUBBOCK FORM NO. 8 1929. C O N T R A C T. THIS CONTRACT made and entered into this Z s day of , 1929, by and between the CITY OF LUBBQqK, Party of the First Part, here- inafter termed as "CITY" and PANHii.NDLE CONSTRUCTION COL6PANY, 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 herewith, the Contractor hereby agrees with the City to make and complete the construction of the herein mentioned improvements, namely: The making and construction of street improvements, including raising, grading and filling, and by installing concrete curbs and gutters on Units Nos. 29 and 30, and by paving with 2-1/2 inch Vertical Fibre Brick Pavement on 4 inch Concrete Base, in accordance with the plans and specifi- cations for all such improvements prepared by City Engineer, and heretofore adopted by the City, all together with necessary incidentals and appurtenances, 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, equipment, labor, supervision, and other accessories necessary for the performance and construction of said improvements at the prices stated in its .proposal th efor made and filed with the City on the day of , 1929, and in accordance with the ,said,plang�e ications prepared by the said. ��q,Lll /� � y, City Engineer, all of which are made a part hereof, and 411 in the manner and under the terms and conditions of said specifications, which are also made a part hereof: II. The streets upon which the said improvements are to be constructed are as follows, to wit: NINETEENTH STREET, from its intersection with the center line of Avenue "N", from the South, to its intersection with the East property line of Avenue 'IQ", same to be known and designated as Unit No. 29. SEVENTH STREET, from the West property line of its intersection with Avenue "I" (Texas Avenue) to its intersection with the East property line of Avenue "J", same to be known and designated as Unit No. 30. The area between rails and tracks and two feet on each side thereof is excepted from the area to be ii1proved. - 1 - The Contractor shall be paid for said improvements at the unit prices shown in its said proposal and in the follow- ing manner, to wit: The improvements in each Unit or District shall be paid for in the following manner: (a) The abutting property and the owners thereof shall pay for and shall be assessed for all the cost of construct- ing curbs in front of such respective properties and 90% of the remaining cost of such improvements, 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 improvements 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. (after deducting sums f i pally assessed (b) The remaining cost of said improvem n ga nst abutting property and the owners thereof under sub -paragraph (a) above, shall be paid by the City of Lubbock on estimates as the work progresses and as 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 improvements in the Unit upon which the particular property abuts. V. THE amounts to be paid by the abutting property and the owners thereof for the improvement in each Unit shall be and become due in installments as follows, to wit: In six equal annual 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 the Unit upon which the particular property abuts, 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 assess- ment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which the same is made, so that upon completion by the Contractor and the acceptance by the City of the improvements in a particular Unit, then the assessment against the owners of the property abutting upon such completed and accepted Unit shall be and become due in such installments, and the amounts of the several assessments against the property abutting upon such Unit shall bear interest from such date of completion and acceptance as here- inabove provided. VI. 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 with amend- meuts 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 Charter with Amendments, 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 property 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 Contractor the part of the assessment against such omitted property over and above the sum whic46ut for such omission would be due to the Contractor for work and im- provements in the omitted area, and provided further, that the City does agree that it will pass all ordinances and resolutions required and permitted by law and its charter with amendments 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. Vil. The City further agrees that in the everit 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 amend- ments to make and levy 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 reassessments, but it shall in no manner be liable for the amount of any such reassessment. The City further agrees that upon completion by the Contractor and the acceptance by it of the improvements in any Unit, it will issue to the Contractor assignable certifi- cates in evidence of the assessments levied against the property abutting upon such completed and accepted Unit, which certificates shall set forth the description of the property by Lot and Block number, number 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 liability of the owners thereof, and such certificates shall recite substantially that all proceedings with reference to the improvements therein referred to and assessments evidenced thereby have been regularly had in compliance with Law and Charter, and that all prerequisites to fixing of the assessment lien against the property therein referred to and the personal liability of its owners, has been performed. 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 immediately with the Treasurer, and the 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 such sums, shall thereupon pay to the Contractor, or other such owner or holder of such certificates or coupons, the suras 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 payment, provided that upon the payment in full of any certificate with costs of collection and reasonable attorneys* fees, if incurred, to the Tax Collector, and the - 3 - subsequent payment of such sums by the Treasurer to the owner and holder of any such certificate shall be delivered over to the Tax Collector. Such certificates shall be executed in the name of the City by the aIor, attested by the City Secretary, and shall have impressecj�thereon the corporate seal of the city, and same may have attached thereto coupons in evidence of any or all of such installments as sane may be payable, and such coupons may be executed by theayor and City Secretary, either by their original fac similie or lithographed signatures. Such certificates shall not be required to contain recitals 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. Tie 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 satis- factorily 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 satisfactory arrangements with the Contractor for the making and construction of such improvements, provided that if such improvements, without such security or arrangement, be cou- :�crt:cted 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 improve- ments 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 nowise invalidate or impair the lien of any assessment levied or fixed against any other property. VIII. The undertaking of the Contractor with reference to the making and construction of the improvements in each district or unit is separate and independent from its undertaking as to the making and construction of the improverients in each and every other unit, and the assessments to be levied for the improvements in each unit shall be altogether separate from the assessments to be levied in every other unit, and in making and levying assessments against property for the improvements in one unit, no ;,atter or circumstances in connection with any other unit shall be considered, all as fully and to the same extent as if altogether separate contracts had been executed with reference to the improvements in each unit. IX. Contractor agrees to commence the construction of the street paving work, with necessary raising, grading, filling, curbs, gutters, and appurtenances, immediately after the expiration of twenty (20) days from the date of final levy of assessments therefor, and further agrees to conduct work and substantially complete same according to the rate of progress called for in the specifications. - 4 - X. Contractor in performing the contract shall use only first class materials and workmanship,and upon the completion of the pavement in each Unit, shall furnish to the City a bond equal to 10o of the cost of the improvements, 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 workmanship, upon the terms and as provided in the specifications. �d. 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 X, and in the sum of Upon final completion and acceptance of the improvements in any particular unit, such construction bond shall be released protanto so that same shall at all times remain in force and in effect only as to the work notfinally accepted. IN VIITNESS VMEREOF, the parties have executed this instrument in duplicate the day and date first above written. C I T Y O F L U B B 0 C K BY - Mayor. ATTEST: Party of the First Fart. City Sec tar CITY. PAMIANDLE CCNSTRUCTION COMPANY BYI IW" /� A,, t- President. ATTEST: Sec T ary. Party of the Second Part. - 5 - CONTRACTOR.