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HomeMy WebLinkAboutResolution - 040854C - Paving Plans_Specs. - City Engineer - 2 Portions Of 39Th St - 04_08_1954 �' ✓ �j Il RESOLUTION II 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, Copy to to be constructed in accordance with the standard City of Lubbock street plans Alderson and specifications as approved by the City Engineer, and the owners of property 4-16-54 abutting 39th Street between Louisville Avenue and Nashville Avenue, have request- ed permission to have pavement improvements constructed on the aforementioned 39th Street and the paving of said 39th Street is needed to provided access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, H. E. Broyles and the other 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 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 08746.61, the total cost not over $9,183.94, and the Cityts share in connection therewith would not exceed $567.49, leaving the property owner's portion not to exceed $8,616.45, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment totbe 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 $567.49 will be duly 'budgeted in the 1954-1955 budget. 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 approv 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 No. 1592 39th Street from its intersection with the East Property Line of Louisville Avenue to a Line 6t East of East Property Line of Memphis Avenue Unit No. 1593 39th Street from its intersection with a line 6' East of the East Property Line of Memphis Avenue to its intersection with East Property 'Line of Nashville Avenue. i The City Engineer is further authorized and directed to duly inspect said paving construction on said 39th 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_Cityts share of the cost of the afovementioned improvements a sum not to exceed $130.16 which is the, City share $567.49 less $437.33 engineering leaving the amount due the contractor from the property ewners not to exceed $8,616.45. 04 — i Section 2. This authority is conditioned that H. E. Broyles 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 against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the con— tractor and his sub—contractors, if any, are adequately covered by public liabili— ty and property damage insurance policies, that the said H. E. Broyles and other owners of abutting property will cause ;such paving to continue to be done accord— ing 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 39th Street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum $130.16 said payment will be due on December 15, 1954. On mots n of Commissioner Baker , seconded by Commissioner -7' Forrest , the foregoing resolution was unani— mously passed by the City Commission this 8th day of«, April Murre . ipxlljt� ATTEST.- LavenAa Lowe, City Secretpry I, H. E. Broyles, representing myself and the remaining owners of abutting prop— ` erty on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considera— tions therein stated. H. E. Broyles Kerr and Middleton. By, Approved: W. B. Holmes, City Engineer Approved: W. L. Somers, Acting City Attorney