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HomeMy WebLinkAboutResolution - 070953F - Pavement Improvements - City Engineer - 40Th Street - 07_09_1953 Sap:. RESOLUTION WHEREASs 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 40th Street from the West Property Line of Elgin Avenue to the —;, East Property Line of Hartford 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, WHEREAS, H. T. Laughter and others, owners .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 plane, 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, V1HEREAS, the contract cost of the paving improvements will not exceed $14,982.19, the total cost not over $15,729.49, and the Cityts share in connection therewith would not exceed 1,040.42, leaving the property owner's portion not to exceed $14,689.07, 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 $1,040.42 will be properly budgeted in the 1953-1954 budget and will be available after December 15, 1953, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 streets being as follows, to-wit: Unit 1542 40th St. from 5' East of WPL Elgin to 3t East of EPL Flint Unit 1543 4Oth St. from 3' East of EPL Flint to EPL Gary Unit 1544 40th St. from EPL of Gary Ave. to EPL Hartford 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 improve— ments a sum not to exceed' $293.12 which is the City share $1040.42 less $747.30 engineering, leaving the amount due the contractor from the property owners not to exceed $14,689.07. Section 2. This authority is conditioned that H. T. Laughter and the other owners of abutting property, and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock aga I� 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 H. T. Laughter 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 �i any liability whatsoever, except for the payment of a sum not to exceed $293.12 11 to the contractor after December 15, 1953. 1 I On motion of Commissioner Morris seconded by Commissioner Davis , the foregoing resolution was unanimously passed by the City Commission this 9th day of J �.fi 1953. Murrell R. �"1.p V Y'q ATTEST: Laveni Lowe, City ecretary I (I I •y I, H. T. Laughter, 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. H. T. Laughter Warren & Purtell In`s Approved: By W. B. Holmes, City Engineer toveL �ti 4C/ VaughA E. Wilson, City Attorney