HomeMy WebLinkAboutResolution - 101454A - Pavement Improvements - City Engineer - 40Th Street - 10_14_1954 RESOLUTION
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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 40th Street from EPL Gary Avenue to the EPL Flint Avenue,
have requested permission to have pavement improvements constructed on the afore-
mentioned 40th Street, and the paving of said Oath 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,
U11MEAS, W. B. Rushing and 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
U,912.03, the total cost not over 5,157.63, and the City°s share in connection
therewith would not exceed 347.56, leaving the property owner's portion not to
exceed t4,810.07, such costs being well within the current prices for paving
obtained by competitive biddingp and that such payment to be made by the City is
r reasonable fair and just to the abutting property owners, the City and all other
persons affected thereby, and that the sum of 047.56 has been duly budgeted and
is available. THEREFORE,
BE IT RESOLVED BY THE CITY CO=SSION 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 No. 1645 40th Street from EPL Gary Avenue to EPL Flint Avenue
The City Engineer is further authorized and directed to duly inspect
said paving construction on said 40th 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 pay;;ent of the Cit "s 'shsre of the cost of the abovementioned
improvements a sum not to exceed 0101.96 which is the City share 047.56 less
#245.60 engineering, leaving the amount due the contractor from the property
owners not to exceed 4810.07.
Section 2. This authority is conditioned that W. B. Rushing and 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 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 W. B. Rushing 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 40th Street and the property of the
City of Lubbock, without any liability whatsoever, except for the payment of a
sum $101.96 to the contractor upon completion and final acceptance.
On motiop. of Commissioner Baker , seconded by
Commissioner Thomas , the foregoing resolution was unanimously
passed by the City Commission this -14th day of October 19_.54
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Murre'll R Opp
1�T'T
L venia Lowed City Pecretary
I, W. B. Rushing, representing myself and the remaining owners of abutting
property on the abovementioned streets, and Kerr & Middleton, Contractor, do
hereby accept and agree to fully abide by the foregoing provisions for the
considerations therein stated.
W. B. Rushing
Kerr and
/Middleton
Approved: By . f
W. B. Holmes, City Engineer
A EL
"ate—'
Vaughn . Wilson, City Attorney
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