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HomeMy WebLinkAboutResolution - 042353E - Pavement Improvements - City Engineer - 44Th Street - 04_23_1953 - - . RESOLUTION 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, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 44th Street from Boston Avenue to College Avenue, have requested permission to have pavement improvements constructed on the aforementioned street, and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, THEREAS, J. W. Reid and J. B. McPherson, and other owners of the property abutting on the herein described .streets.and avenue will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the above- mentioned plans and specific,�itions 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 $9,005.79, the total cost not over $9,456.08, and the City►s share in con- nection therewith would not exceed $564.81, leaving the proerty-'ownerls portion not to exceed $8,891.27, such costs being well witriin the current prices for paving obtained by competitive bidding, a-nd that such,payment to be made by the City is reasonable fair and just to the abutting property owners, the City and all ether persons affected thereby, and that the sum of $564.81 will be properly budgeted in the 1953 - 1954 budget and will be available after December 15, 1953; THEREFORE, BE IT RESOLVED BY THE CITY C0101ISSION 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 street 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 street being as follows, to-wit: Unit No. 1517 44th Street from 19' W of EPL Boston Avenue to WGL College Avenue. The City Engineer is further authorized and directed to duly inspect said paving construction on 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 to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed 411-4.52 which is the City share $564.81 less $450.29 engineering, leaving the amount due the contractor from the property owners not to exceed $8,891.27. Section 2. This authority is conditioned that J. W. Reid and J. B. McPherson, 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 pertaining thereto, and that the Contractor furnish the City Engineer with acceFtable evidence that the contractor and his sub-contractors, if any, are adequately covered by public liability and property damage insurance policies, tha, the said J. W. Reid and J. B. McPherson and other owners of abutting property will 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;h,rhatsoever, except for the payment of a sum of $114.52 after December 15, 1953. On motion of Commissioner Davis , seconded by Commissioner Carpentei , the foregoing resolution was unani- mously passed by the City Commission this 21_day of April ,19 Murrell R. pp, Kayor Mayor Pro-tem Harry Morris ATTEST: MP La enia Lowe, City Secretary I, J.W. Reid and J.B. McPherson, representing ourselves and the remaining owners of abutting property on the abovementioned street, and Warren and Purtell, Inc., Contractor, do hereby accept and agree to fu47 abide by the foregoing provisions for the considerat on therein st66d. B. McPherson Reid y. v tell, Inc. B Approved: Tr. Holmes, Cl y Engineer A" Fmtg.' Vaughn E. Wilson, City Attorney �t