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HomeMy WebLinkAboutResolution - 081254N - Pavement Improvements - City Engineer - 47Th Street - 08_12_1954 RESOLUTION I WHEREAS, the City Commission has heretofore determined that the City would Copy to contribute the customary city portion of from ten (10) to forty (40) per cent of AAlders the cost of street paving improvements, as determined by side and front property, 8-31-54 to be constructed in accordance with the Ptandard 'City of Lubbock street plans and ispecifications as approved by the City 'Engineer, and the owners of property abutting 47th Street from Avenue =X to College Avenue, have requested permission to have pavement improvements constructed on the aforementioned 47th Street, and the paving of said 47th 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, J. B. McPherson and the 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 con- structed in accordance with the ebovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City con- tribute its customary share towards such paving, and.. WHEREAS, the contract cost of the paving improvements will not exceed i $4281.48, the total cost not over t4388.52, and the Cityts 'share in connection therewith would not exceed 4139.23, leaving the property ownerts portion not to exceed t4249.29 of which latter amount the City now holds 02140.74 in escrow, 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 $139.23 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 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-wits N-S Unit No.161 47th Street from Avenue K to College Avenue i The City Engineer is further authorized and directed to duly inspect said paving construction on said 47th 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 above mentioned improvements a sun not to exceed 32.23 which is the City share $139.27 less $107.04 engineering plus the abovementioned stun now held in escrow of2140,74, leaving the amount due the contractor from the property owners not to exceed t2108.55. f t i I� Section 2. This authority is conditioned that J. B. McPherson 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 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'47th Street and the property of the City of Lubbocki without any liability whatsoever, except for the payment of a stun 02.23 which will be due December 15, 1954, and the aforementioned stun now held in escrow of $2140.74 which will be due upon completion and acceptance. On motion of Commissioner Forrest , seconded by Commissioneromaa , ' , the foregoing resolution was unanimously passed by the City Commission this 12 h_day of August x. , 19 JU _. ,,. i x. * f Murre ATTEST: Laven,fa Lowe, City cret I, J. B. McPherson, representing myself and the remaining owners of abutting property on the abovementioned streets, and Kerr and Middleton, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. .� r B*4 hL rson K ` d Middleton Approved: By �' `•/ W. B. Holmes, City Engineer A ved: Vaughn . Wilson, City Attorney