HomeMy WebLinkAboutResolution - 100327-1 - Contract - Panhandle Construction Co. - Paving Portions Of Ave J & Other Streets - 10/03/1927Resolution
authorizing
execution of
contract.
for paving
portions of
Avenue J and
other street
Aye: Commissioners Hankins, Posey, Weaver and Jones
No : none
Carried: Ordinance placed oi, first reading.
Commissioner Hankins moved that the ordinance pass first reading;
seconded by Commissioner Jones, and carried by the following vote:
Aye: Commissioners Hankins, Jones, Posey and 'leaver
No : None
Carried: Ordinance passed first reading.
Commissioner leaver moved that the rules be suspended and that the
ordinance be placed on second reading; seconded by Commissioner Posey,
and ca: ried by the following vote:
Aye: Commissioners Hankins, Jones, Posey and Weaver
No : None
Carried: Ordinance Llaced on second reading.
Commissioner Jones moved that the ordinance pass second readine; se-
conded by Commissioner Hankins and carried by the following vote:
Aye: Commissioners Posey, Jones, 'leaver and Hankins
No : None
Carried: Ordinance passed second reading.
Commissioner Jones moved that the rules be suspended and that the
ordinance be placed on third and final reading; seconded by Commiss-
ioner Posey, and carried by the followin7 vote:
Aye: Weaver, Hankins, Jones and Posey
No : None
Carried: Ordinance placed on third reading.
Commisolooer Posey moved that the ordinarne pass third and final
readii,g; and be finally adopted; seconded by Commissioner Hankins,
and carried by the followin7 vote:
Aye: Commissioners Posey, Jones, Hankins and Weaver
No : None
Carried: Ordinance passed third and final reading.
The Mayor then declared the Ordinance passed, same being Ordinance
No. 391 of record in Ordinance Book No. 1, Page 322 of the Minutes
of the City Commission.
Upon motion made by hir. rosey, seconded by Lr. Jones, carried unan-
imously, the following resolution was adopted:
LUBBOCK NEW FORM NO. 6.
(2)
RESOLUTION APPROVING CONTRACT AND BONL OF
PANHANDLE CONSTRUCTION COIdApdY, AND DI-
RECTINI THE MAYOR TO EXECUTE 31U1E, AND YAK-
IN3 APPBOPRIATIoll THEREFOR.
WHEREAS, the City Commission of the City of Lubbock has
heretofore ordered that portions of Nineteenth Street, and sundry
other streets and avenues, it, the City of Lubbock, be improved by
raising, grading and filling, and installing concrete curbs and
gutters, and paving, and constructing storm sewers and drains where
necessary, and otherwise,and after preparation of plans and specifi-
cations and due advertisement for and receipt of bids, acceptdd bid
of Panhandle Construction Company, and awarded contract to it; and,
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r. o
Contract
for
paving.
AHE .,b3, contract of said Company for the making and con-
struction of such improvements dated this, the 3rd day of October,
1927, and already executed by said Company, and together with bond
for the performance of said contract executed by said Company, and
with national Surety Company of New York City as Surety, this day
tendered to the Commission, and having been examined and approved;
THERK?ORE, BE IT R330LTED BY THE CITY 0? LUBBOCK,
TEXAS: THAT,
1
I.
Said contract and said bond be and they are hereby ap-
proved, and the Mayor of the City is authorized and directed to ex-
ecute same in the name of the City, and the City Secretary to attest
same and impress thereon the corporate seal.
II.
That there be and is hereby appropriated out of available
funds and revenues sums sufficient to pay for and defray the part of
the cost of said improvements to be paid by the Cit,.
This resolution shy.11 take effect and be in force from and
after its passage.
Passed and approved this 3rd day of October, A. D. 1927.
rII1i: L. .r y.1jF
ATTEST: Mayor. City of Lubbock, Texas.
G. W. 1LCCL::ARY
ity secretary
(SEAL)
The following is a contract referred to ii_ the above resolution:
LUBBOCK NEW FO_1 110. 7.
(2)
C O N T R A C T
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THIS CONT3ACT made and entered into this
3rd day of October, A. D. 1927, by and
between the CITY OF LUBBOCK, Party of the
First Part, hereinafter termed as "CI`L'Y",
and _'ANHANDLB C0113T:7*UC^ION COMPANY, a
corporation organized and existing under
thelaws of the State of Texas, and with its
principal office in said City, Party of the
Second Part, hereinafter termed "CONTRACTOR",
d I T N F 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 con-
struction of the herein mentioned improvements, namely;
The construction of atorm sewers and drains in accordance
with the plans and specifications therefor. Also the making and con-
struction of other street improvements, including raising, grading
and filling, and installing concrete curbs and gutters, and paving
with 2-1/2 inch Vertical Fibre Brick Pavementon 4 inch Concrete Base,
in accordance with the plans and specifications for all such improve-
ments -prepared by L1. R. Smith, Jr., City Lngineer, and heretofore
adopted by the City, all together with necessary incidentals and aP-
purtenances, and the extra work in connection therewith as provided in
such plans and specifications, and at Contractor's own cost and ex-
pense to furnish all tools, machinery, materials, equipment, labor,
Contract
for paving;
portions of
Avenue 3
and otter
Streets. I
71
supervision, and other accessories necessary for the performance and
construction of said improvements at the prices state3 in its propos-
al therefor made and filed with the City on the Sth day of September,
1927, and in accordance with the said plans and specifications pre-
pared by the said M. R. Smith, Jr., City Engineer, all of which are
made a part hereof, and all in the manner and under the terms and con-
ditibus of said specifications, which are also made a part hereof.
II.
The streets and avenues upon which the said improvements are
to be constructed are as follows, to -wit:
NINME-NTH STRMT, from the center line of the intersection
of Avenue M to the center of the intersection of Avenue 27, from the
South, known and designated as District or Unit No. 13.
LV3NiTd N. from its intersection with the North line of Twenty -
Third Street to the center of the intersection of Nineteenth Street
from the 3ast, known and designated as District or Unit 3o. 14.
3i TL11A A EITU3, from its intersection with the South curb
line of Nineteenth Street to its intersection with the South property
line of Twenty First Street, known and designated as District or Unit
No. 15.
AYE M J, from its intersection with the North property line
of Tenth Street to its intersection with the North property line of
Ninth Street, known and designated as District or Unit No. lo.
dY-:NUS J, from its intersectlon with the North property line
of Ilin th Street to its intersection with the Borth property line of
Fifth Street, known and designated as District or Unit No. 17.
Av3NU3 J, from its intersection with the North property line
Of Fifth Street to its intersection with the South property line of
Fourth Street, known and designated as Unit or District No. 16.
III.
The Contractor shall be paid for said improvements at the
unit trices shown i__ its said proposal and in the follozing manner,
to -wit:
The improvements in each Ui;it or District shall be paid for
in the following manner:
(a) Railways and street railways using, occupying or crossing
any portion of said streets and avenues so to be improved shall pay
for and be assessed for all the cost of work in the area between their
rails and tracks, double tracks, turnouts, and switches, and two feet
: each side thereof.
(t) The abutting proterty 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 90% of the remaining cost
.f such improvements after deducting sums to be paid by railways and
street railways under sub -paragraph (a) above, provided that if it
shall appear at the hearing to be had before final assessment that the
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 prop -
and the owners thereof, the amount of such benefits.
(c) The remaining cost of said improvements after deducting
sums finally assessed againat railways and street railways under sub-
paragraph (a) hereof, and against abutting property and the owners there-
of under sub -paragraph (b) above, shall be paid t,y the City of Lubbck
on estimates as the work progresses as is provided in said srectfications.
IV.
No assessment shall be made again st any owner or his prop-
erty until after notice and hearing as provided by law and the charter
with amendments in force in the city, now shall any assessment be made
against any parcel of property, or the owner thereof, in excess of
the s penial benefits to such owner and his property in the enhanced
value thereof by means of the improvements in the u:,it upon which the
particular property abuts, and no assessment shall be levied against
any railway or street railway for work between rails and tracks and
two feet on each side thereof until after such notice and heLrina.
P%42
Contract
for
paving
Avenue J
and other
streets.
V.
The amounts to be paid by the abutting proierty and the own-
ers thereof for the improvement in each unit shall be and become due
in installments au follows, to wit: In six equal annual installments,
due reupectively on or before ten days, 1, z, 4, and 5 years after
completion and acceptance by the Qity of the improvements in the unit
upon which the particular property abuts, and shall bear intereut from
theate of such completion and acceptance and until paid at the rate
of A per annum, payable annually, with provision that if default be
made in the payment of any installment promptly as the 8 me matures,
then, at the option of the holder of any such assessment or certifi-
cate issued in evidence thereof, such default shall mature the entire
assessment upon which the sume is made, so that upon completion by the
Contractor and the acceptance by the city of the improvements in a
particular unit, then the assessments uguinst the owne_•s of the prop-
erty abutting upon such completed :.nd accepted unit shall be and be-
come due in such installments, and the amounts of the several assess-
ments ut?ttinst the property abutting upon such unit shall bear interest
from such date of completion and ace'eptanee as hereinabove provided.
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 puyuble on estimates us the work progresses in
the same manner as is provided in the specifications for estimates to
be paid by the city and in the same proportions, and shall bear inter-
est from date due and until paid at the rate of 7� per annum, and upon
completion of the work in a particular unit all retained percentages
for work in such area, as well as all retained percentages ori its por-
tion of the cost of the work in such unit shall be paid to the Con-
tractor.
VII.
The sums to be paid by the abutting property and the owners
thereof, as well i:s_the sums to be paid by railways and street rail-
ways for wort: between rails and tracks and two feet on each side there-
of, 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 proceedin?s of the City with reference to such im-
provements, 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 as-
signs 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 re-
mainder of the unit be improved, then the city will pay to the Con-
tractor the part of the assessment against such omitted property
over and above the sum which but for such omission would be due to the
Contructor for work and improvements in the omitted area, and provided
further that the City does agree that it will pass allordinances and
resolutions required and permitted by law and its charter with t.mend-
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 unenforcible 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 en -
forcible 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 reasoessment.
j The City further agrees that upon completion by the Contrac-
tor and the acceptance by it of the improvements 1n any unit, it will
tissue to the Contractor assignable certificates in evidence of the as-
sesments levied against the property abutting upon such completed and
accepted unit, which certificates shall set forth the desari}.tion of
the property by lot arra 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 know, the amounts of the asjessments levied,
the rate of interest, and the terms and time of payment, the lien
against the proferty 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
C
evldenoe,i thereby have been regularly had in compliance with law
and oharter, and that all prerequisites to the fixing of the assess-
ment lien ap.ulnst the property therein referred to and the personal
liability of its owners, has been performed. Similar certificates
shall be i8sued in evidenos of the amounts that may be assessed
against any railway or street railway for work between rails and
trucka and two feet on the outside thereof.
Said certificates shall further provide that the amounts
evidenoed thereb;• may bF, paid to the Tax Collector of the City of
Lubbock, who shall thereupon issue his receipt therefor, and the Tax
Collector shall deposit any suras so received by him immediately with
the Treuuurer, and the Treusurer upon the presentation to hi¢. by the
Contractor, or its assigns, of the certificate or any coupon for
payment of which any Sums have been received by him, properly endors-
ed and oredited 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
Rive to the Treasurer his receipt for such sums in writing, and such
receipt and credit ahiLll be the Treasurer's warrant for making such
payment, provided that upon the payment in full of any certificate
with coats of collection and reasonable attorneys' fees, if incurred,
to the 'Pax Collector, and the subsequent payment of such sums by the
Treasurer to the owner and holder of any such certificate, such cer-
tificate shall be delivered over to the Tax Collector.
Such certificates shall be executed in the name of the City
by the Mayor, attested by the City Secretary, and shall have im-
pressed thereon the corporate seal of the city, and same may have
attached thereto coupons in evidence of any or -11 of suen install-
ments as Sume may be payable, .nd such coupons may be executed by
the Marr and City Secretary, either by their original, fac simile or
lithographed signatures.
Such 0ertifi_Ltes shell 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.
The Contractor shall not be required to make or construct
said improvements in front of any property exempt by law from the
lien of special ussessments for street improvements unless the owner
of such property shall first satisfactorily 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
makinw and construction of such improvements, provided that if such
Improvements, without such security or arrangement, be constructed
in front of tiny 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 improvements in
the urea 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 assess-
ment levied or fixed against any other property.
IX.
'lhe
undertaking
making andconstructionoh
f the improvements in e Contractor teach* district erence oorhunit
is separate and independent from its undertaking as to the making and
cunstruetion of the improvements in each and every other unit, and
the assessments to be levied for the improvements in each unit shall
be altogether separate from the asaesaments to be levied in every
other unit, and in making and levying assessments a?ainst property
for the nection with otiny ents n
other ullit shall be considered, 'one ullit, no matter or iall IIasafully nandnto
the same extent as if altogether separate contracts had been executed
with reference to the improvements in each unit.
X.
The storm sewers and drains are to be constructed where pro-
ided for in the plans and specifications therefor, and constitute no
art of the improvements for which assessments are to be levied. The
ity shall Pay for till of the cost of constructing such storm sewers
nd drains. Separate estimates for the storm sever and drain construe -
ion shall be made, and upon the completion of such work, retained per-
entuges therefor shall be paid to the Contractor, whether or not the
61
r74
other improvements be completed at the time.
XI.
Contractor agrees t.o commence the construction of storm
sewers and drains within ten days after being notified in writing so
to do, and agrees to ccrmence the construction of the other improve-
ments immediatel after the expiration of twenty days from the date
of final levy of assessmera therefor, and further azrees to conduct
work and substantially complete same according to the rate of progress
called for in the specifications.
XII.
Contrr.ctcr in rerfozming the contract shall use only first
class materiw.ls and workmanship, rand upon the completion of the -pave-
ment in each unit, shall furnish to the City a bond equal to lOp of
the cost of the improvements, exclusive of storm sewers and drains
in that unit, with an approved surety guaranteeirr- such improvements
for a period of five years from the date of such completion and ac-
ceptance thereof by the City,. and azreeing 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 rrovided
in the specifications.
%III.
Upon the execution of this contract Contractor shall fur-
nish to the city a bond guaranteeing the performance hereof, ex-
cepting the agreement to furnish guaranty or maintenance bonds as
contained in Paragraph XII, and in the sum of $29,277.30.
.ihenever the storm sewers and drains shall have been com-
pleted and finally accented said construction bond shall be released
pro tanto, and upon final completion and acceptance of the other im-
provements in any particular unit, such construction bond sh;_il be
released pro tanto so'that same shall at all times remain in force
and in effect only as to wort not finally accepted.
IN WITNESS WH= -Or, the parties have executed this instru-
ment the day and date first above written.
ATTEST:
G. W. McClear
City Secretary
MAIL)
ATTEST:
Mabry Edens
Asst. Secretary
(SEAL)
CITY Or LUBEOCK
By Fink L. ?arrish
Mayo r
Party of the sirs„ ;art.
CITY
PANHANDLE CONSTRUCTION C019PLITY
By Homer D. 3rant
vice -President
Party of the Second Part.
CC1iT'.,C TOR
The bonds referred to in the above resolution are as follows:
Paving One bond in favor of the City of Lubbock, in the sum of ,x'27.150.00,
,,aintenance signed by the Panhandle Construction Company as Principal and the
Bond National Surety Company of New )fork City as Surety, guaranteeing con-
summation of contract on paving.
One bond in favor o2 the City of Lubbock, in the sum of $2127.50,
signed by the Panhandle Construction Company as Principal and the
National Surety Company of Idew York City as Surety, guaranteeing con-
summation of contract on Storm Sewer.
Upon motion made by lir. Hankins, seconded bd Mr.Posey, carried unan-
imously, the following resolution was adopted:
i
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