HomeMy WebLinkAboutResolution - 051453B - Pavement Improvements - City Engineer - 39Th Street - 05_14_1953 l' 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 abuttin
39th Street from Avenue H to the E. line Scales Addition, 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 construc—
tion period, and the City Engineer has approved the plans and specifications for
such improvements, and,
WHEREAS, J. B. McPherson, the owner of the property abutting on the herein
described street will contract separately with a competent contractor for the
above street improvements, and said improvements 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
$4361.29, the total cost not over $4579.35, and the Cityts share in connection
therewith would not exceed $294.04, leaving the property owner's portion not to
exceed $4285.31, 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 $294.04 will be budgeted in the
1953-1954 budget and will be available after December 15, 1953,
THE10—YORE,
BE IT RESOLVED BY THE CITY 0011,D:SSIOId 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 Number 1529 39th Street E.Paving line of Avenue H to the E.line of Scales
Addition.
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 ' 75.98 which is the City share $294.04 less $218.06 engineering
leaving the amount due the contractor from the property owners not to exceed
$4285.31.
Section 2. This authority is conditioned that J. B. McPherson 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 acceptable evidence that the contractor and his sub-contractors,
if any, are adequately covered by public liability and property damage insurance
policies, that the said 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 whatsoever,
except for the payment of a sum of $75.98 to the contractor on/or after December
15, 1953.
On motion of Commissioner Thomas , seconded by
Commissioner Carpenter , the foregoing resolution was unanitgously
passed by the City Commission this U th day of May ! .19-57
Murrel -ri ^, y
ATTEST:
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Laven a Lowe, Cit Secretary
I, J. B. McPherson, representing myself and the remaining owners of abutting
property on the abovementioned streets, and Warren and Purtell, Inc., Contractor,
do hereby accept and agree to fully abide by the foregoing provisions for the
considerations therein stated.
B. McPherson
Warre'n�a�nd�Purte 1, Inc.
Approved: By
W. B. Holmes, City Engineer
AaWved: -
Vaughn E. Wilson, City Attorney