HomeMy WebLinkAboutResolution - 040953B - Pavement Improvements - City Engineer - 44Th Street - 04_09_1953 c
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RESOLUTION
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WHEREAS, the City Commission has heretofore determined that the City would
contribute the customary city portion of from ten (10) to forty (40) per cent of
the cost of street paving improvements, as determined by side and front property,
!/e to be constructed in accordance with the standard City of Lubbock street plans and
specifications as approved by the City Engineer f and the owners of property
abutting 4.4th Street from Gary Avenue to Indiana Avenue, have requested permission
'fr �-~ to have pavement improvements constructed on the aforementioned street and the
U,04 5- paving of said street is needed to provide access to the area during its construe--
tion period, and the City Engineer has approved the plans and specifications for
/I4f'rr,fr�rdiy such improvements, and,
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WHEREAS, Forrest Development Company and others, owners of the property
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; ., abutting on the herein described streets and .avenue will contract separately with
a competent contractor for the above street improvements, and said improvements
efi will be constructed in accordance with the abovementioned plans and specifications
under the supervision of the City Engineer, and the said owners desire that the
City contribute its customary share towards such paving, and,
WHEREAS, the contract cost of the paving improvements will not exceed
$8,794,32, the total cost not over $9,23.4.04, and the Cityts share in connection
therewith would not exceed $554.81, leaving the property ownerts portion not to
exceed $8,679.23, such costs being well within the current prices for paving
obtained by competitive bidding, and that such payment to be made by the City is
reasonable fair and just to the abutting property owners, the City and all other
persons affected thereby, and that the sum of $554.81 will be properly budgeted in
the 1953-1954 budget and will be available after December 15, 19530 THEREFORE
BE IT RESOLVED BY THE CITY CONICSSION OF THE CITY OF LUBBOCK:
Section 1. THAT, the City Engineer be and he is hereby authorized to
approve plans and specifications for paving on the streets herein described,
provided that such plans and specifications meet the usual requirements for paving
on streets within the corporate limits of the City of Lubbock; said streets being
as follows, to—wit:
Unit 1518, 44th Street from West Gutter Line Gary Avenue to 16t East of
EPL of Indiana Avenue (south Leg)
The City Engineer is further authorized and directed to duly inspect said
paving .construction and said street and to require strict compliance with the
approved plans and specifications, and upon completion of said paving, and upon
final approval by the City Engineer and acceptance of such improvements by the
City Commission, the City Engineer is authorized, after December 15, 19530 to pay
the contractor in full and final payment of the Cityts share of the cost of the
abovementioned improvements a sum not to exceed $115.09 which is the City share
$554.81 less $439.72 engineering, leaving the amount due the contractor from the
property owners not to exceed $8,679.23.
NOW 4411W
Section 2. This authority is conditioned that Forrest Development
Company and the other owners of the abutting property and the contractor will pay
for all material and labor and costs incidental to such construction, indemnify
the City of Lubbock against any costs, claims or damages of every nature pertain—
ing thereto! .and that the Contractor furnish the City Engineer with acceptable'
evidence that the contractor and his sub—contractors, if any, are adequately
covered by public liability and property damage insurance policies., that the sai-:— .
Forrest Development Company and others and other owners of abutting property wil
` cause such paving to continue to be done according to the approved plans and
specifications$ and that upon completion thereof and final approval of the City
Engineer, all improvements designated herein shall be a permanent part of said
street and the property of the City of Lubbock, without any liability whatsoever,
except for the payment of a sum not to exceed $115.09 to the contractor on or
after December 15, 1953.
On motion of Oommissioner Thomas , seconded by
Commissioner naffs _, ,the foregoingresoluti.on was unanimously
passed by the City Commission this q+th day of Apr 1 019 �3`
Murrel R. T ,
., ATTEST- vvgv
i
Lavenid Low®, City Becreta y
I, Sam Lemons, representing Forrest Development Company and the remaining owners
of abutting property on the abovementioned streets, and Warren and Purtell,
Contractor, do hereby accept and agree to fully abide by the foregoing provisions
for the considerations therein stated.
FORREST DEVELOPMENT COMPANY
By_
WARREN AND PURTEL , INC.
By
Approved:
T
W. B. Holmes, City Engineer
Ap v d:
'� Vaughn E. Wilson, City Attorney