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HomeMy WebLinkAboutResolution - 010825-1 - Paving Improvements - Panhandle Construction Co. - Portions Of Broadway St - 01/08/1925 Best Available Scan .� 11 '327 THEREFORE BE IT ORDAINED BY TH;i CITY 0? LUBBOCK TEXAS: THAT, 1. it accepted said bid of lanhundle Construction CompGny be and the same is hereby accepted and contract is awarded to Panhandle Construction Company. 11. Such contract, which is already executed by Panhandle Company. and dated the 8th. day of January, 1926, be and the same is hereby in all things arproved, and the Mayor is directed to execute same in the namc of the City and the City Secretary is directed to attest same and impress thereon the corporate seal. 111. For the purpose of paying the city's part of the cost of improvements provided for by such contract there is hereby approproated out of available fundo a sum su.':Aoient for the purpose, and same shall be applied to that purpose and none other. IV. This ordinance shall take effect and be in force from and after its passage. Passed and approved this the 8th. day of January, :,. D. 1926. ATTEST: J. R. Germany, City Secretary. BROAD',JAY SPECIAL FORM N0. 6. LUBBOCK. F. R. Friend, Payor, City of Lubbock, Texas. THE STATE OF TE"AS ) COUNTY OF "LUBBOCK ) This Contract made and entered into this the 8th. day of January, 1926, by tnd between the City of Lubbock, Part,- of the First Part, hereinacter termed CITY, and Panhandle Construction Company, a corporation organized under the laws of the it,.te of Texas, with its principal office and place of business in the City and Count„ of Lubbock, dt�_te of Texas, herein- after termed CONTRACTOR WITNE83ETH: That for and in consideration of the promises and agr;e- ments hereinafter mentioned to be made and performed by the City, and under the conditions expressed in the bond of even date hereiwh, the Contractor hereby agrees with Lha ity to make and to complet. the construction of the hereinafter mentioned improvements, viz: Raising, grading, and filling, and installing verbs and gutters, with all necessary appurtenenees, and paving with vertical fibre brick on concrete foundation, with iurkway 20 feet wide in the maddle of the street, on the followinz streets in said City in aceord�nce with plans and specifications therefor which are herereferred to made a part hereof,- to -wit: Broadway Street from its intersection with the East property line oi' Avenue i to its intersection with the "ast property dine of Avenue U, known a.; District or Unit No. 2A. Broadway Street from its intersection with the East pro- perty line of Avenue U to its intersection with the East property line of Avenue Y, known as District or Unit No. 3. 4�nd contractor further agrees to do and perform all extra work in connection with said imporvements under the terms as stated inthe specifications, •.nd at its own cost and expense to furhish all tools, materials equipment, labor, supervision, and other accessories necessary to said con- struction in aoco dance with the conditions and at I.he prices stated in the proposal a taehed hereto and in accordance with the general conditions and in accordance with the plans and specifications therefor as prepared by Hawley & Roberts, herein entitled Engineer, all of which are made a L art hereof, and all in the manner and under the conditions of such specifications. 1� The Contractor shall be paid for s:..id improvements at `� tho unit prices shown in said proposal, as follows: to -wit: All the cost of installing curbs and not exceeding three-fourths of the the remaining cost shall be assessed against and ;laid b., the owners of property abutting upon the portions of streets and avenues to be improved, and shall be assessed against them and their abutting property in accordance with the law and Charter in force in the City, and in accord nee with the proceedings of the city with reference to such improvements, provided that no assessment shall be made against an; owner of his property until after notice and hear- ing as provided by law and the proceedings of th- city, nor shall any assess- ment be made against any parcel of property, or the owner the_ -of, 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. The amounts to be paid by the abutting property and owners ther:of shall be and become due in installments as follows, to -wit: In six equal annual installments, due respectively on or before thirty (30) days, one `. (10, two (2) three (3), four (4) and five (5) years after completion and acceptance by the city of the improvements in the block upon which the par- ticular property abuts, that is to say , that upon completion by the con- tractor and the acceptance by the city of the improvements in a particular block, *.hen the assessments against the owners of property abutting upon such completed _nd accepted bloc_- shall be and become due in such installments, and the amounts of the several assessments shall bear interest from such date of completion and acceptance and until paid at 8% per annum, payable annually, provided that any owner shall have the right to pay an,,- or all inst,-llments before maturity by payment of principal with interest accrued to date of payment, and provided further that if default be made in the tayment of any installment promptly as the same matures, then, at the option of con- 1 tractor, or its assigns, the entire assessment upon which default is made shall be and become due, together with reasonable attorney's fees and costs of col- lection, if incurred. after deducting the sums assessed 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 of the outside thereof of any railway or street rail ay. The sums to be paid by the abutting property- and the owners thereof scall be assessed against them and their property in accordance with the lawand Charter in force in this City, and the proceedings of th_ City, and subje&t in all things to the terms and conditions of such law and Charter, and the City shall be in no manner liable for th payment or collection of the sums assessed against an.-,- abutting property or the owners thereof, but the contractor and its assigns shall look exclusively to such property and the o%:ners thereof for such sums, r_rovided, however, that the City does agree that it will pass all ordinances and resolutions required and permitted by law for the making and levying of such assessment.;, and that it will exerc'se all of its lawful powers to aid in and en- force 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 any reason oe held or found to be invalid or unenforceable, that it will pass all ordinances and resolutions, and take all steps permitted by law 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 reassessment, but shall in no manner be liable for the amount of any such reassessment. The city further agrees that upon the completion by the Con- tractor, wnd the acceptance by it of the ir,provements in any block or blocks, it will issue to the Contractor assignable certificates in evidence of the as,;ess- ments 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 other description sufficient to ide::tify same, the name or names of the owners thereof as far as known, the amount of the assessment levied, the rate of interest and the terms c:nd time of payment the lien against the property and the personal liability of the owners thereof, and such certificates shall recite substantially that the proceedings with refer- ence 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, &nd the recitals of such certificate shall be prima facile evidence of the facts so recited, and no further proof there- of shall be required in any court. Said certificates shall furtherprovide that all n aountZ evidenced thereby may be paid to the Tax Collector of the City of Lubbock who shall thereupon issue his receipt therefor, ,:nd the Tax Collector shall dec- osit any sums so received by hi:L immediately with the Treasurer of the said City and the 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 rec,-ived by hir•:, properly endorsed and credited with said sums, shall thereupon pay to the contractor. or other such holder or owner of auch certificates or coupons, the sums so received and the contractor, o:- other holder or owner, shall also giv-_ to such Treasurer his receipt therefor in writing, and such receipt and cra-dit shall be the '^reasurer's warrant 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 wrner and 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 L:ayor and 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 the several installments in which same may be payable, and such coupons shall be executed by the Mayor and City 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 suffices, and the same may contain any other and additional recitals pertinent thereto. The contractor shall not be required to make or construct said im- provements in front of any property exempt by law from execution unless the owner of such property shall first satisfactorily secure the contractor in the rayment Of the pro rata part of the cost of such improvement chargeable thereto, unless the City shall itself make satisfactory arrangements with the Contractor for the mak[nR and construction of such improvements, provided that if such improvements, without such security or arrangement, be constructed in front of any such exempt property, thin the owners thereof shall nevertheless be personally liable therefor. 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. The and rtaking of the contractor with reference to the making and con- struction of the sai, work of excavating, raising, grading, filling, constructing • curbs acid gutters, &nd paving, with f ulidation and appurtenances, is, as to such work, and improvements in each district or unit, separate and independent from his undertaking as to such work and improvements in each and every other unit, and the assessments to be levied for such i::,provements in each i:nit shall be altogether separate from the assessments to be levied in evary other u. it, .__nd in making and levying assessments against thy: property abutting upon one district or unit no fact, matter, or eirerumstance in connection with any other district or unit shall be considered, all as fully and to the same extent as if altogether separate con- tracts had been executed with reference to such improvements in each District or Unit The Contractor agrees to commence the construction of the street paving work, with necessary raising. grading, filling, curbs, gutters, ani appurtenances, immediately after the expiration of twenty (20) days from the date of final levy of assessments therefor, and further agrees to el-nduct the said work and to sub- stantially complete same according to the rate of progress called for in the specifications. It is further understood and agreed that the contract and the bid there- for are based upon existing municipal freight rates, and should there be any decrease in such rate during the progress of the work, and under such decreased rate material used in such work is shipped, then a reduction in the unit prices sufficient to ab- sorb such decrease shall be made, and should therebe any increase in such rate, then an increase in such unit prices sufficient to absorb such increase shall be made. IN WITN:.SS WHEREOF the parties have executed this agreement in duplicate, the date and day first above written. CITY OF LUBBOCK BY F. R. Friend Mayor, Party of th_ 2irst Fart. (City) ATTEST: J. R. Germany City Secretary. :A'MUIDL : CON3'2RUCTION C^','FANY By John Dalrymple President !arty of the Second Part. ( Contractor) SPECIAL FOR14 NO. 7. 1,aving Bonds sent in for signature of Bonding Company. boon motion rade by L:r. Jones and seconded by `:!r. Wolffarth the 4ollowir4z resolutions were passed by unanimous vote. RESOLUTION ACCEPTING IMPROVr.)WTS ON A PORTION OF AVENUE "G" KNOWN AS UNIT 110. THIRTY ONE (31), AP- PROVING BOND AND DIRECTINI CERTIFICATES IN EVIDENCE OF ASSESSI 4TS BE ISSUED. +HEREAS. the City of Lubbock heretofore entered into a contract with Panhandle Cont- struction Company for the making and construction of paving and other improvements on AVENUE "G" from the South property line of Broadway to the South property line of Thirteenth Steeet, and known and designated as Unit or District -,o. Thirty -One (31)' and, :JHEFE.A�. s"id improvements have been completed, ..nd having been inspect- ed and found to have been constructed in accordance with the terms of the contract and the Com::any having filed with the City its bond in the sum of X818.95 Dollars, with 11TATIONAL SUP. -;TY COMPANY, as surety, for the reconstruction and repair of such improvements as is provided in the contract, Jaid Bond with surety has been examined