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HomeMy WebLinkAboutResolution - 102254C - Approve Plans_Specs. - City Engineer - Gary Avenue - 10_22_1954 ;:-- �' c f MOLUTZON WHEREAS, the City Commission passed a Resolution on the 26th day of March, 1953, defining the paving policy of the City of Lubbock, Texas in regard to streets dedicated under the provisions of City Ordinance Number 1331, and said resolution provided that when the property ownerst proportionate cost of both helves of collector or lesser streets bordering a subdivision has been provided for in a manner satisfactory to the City, such streets shall be placed on a construction schedule to be determined by the City Engineer, and, WHEREAS, said Resolution of March 26, 1953 also reaffirmed and modified the City policy of paving cost distribution set forth in a Resolution passed on f the 25th day of January 1951 on streets or on portions thereof not dedicated under the provisions of City Ordinance No. 1331, and, WHEREAS, A. M. Strickland and other owners of property abutting Gary Avenue from 44th Street to 47th Street have requested permission to have street improvements constructed on said avenue, and said avenue from 44th to 47th Street borders Myrtle Slaton Addition Number 4 the subdivider of which addition being subject to Ordinance 1331 has already placed money in escrow for one-half W I _ of the property owner cost of paving said .avenue from 44th to 47th Street, and thus the prmperty owner's proportionate costs of both halves of Gary Avenue from 44th Street to 47th Street have been or will be satisfactorily provided for, and the paving of said avenue is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifica- tions for such improvements, and., WHEREAS, owners of the property abutting on the herein described Gary Avenue 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, WHEPMS, the property ownerst cost of the paving improvements is esti- mated to be t%338.68, and the City's cost to be.$850.07, 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 such payment is in accordance with the paving policies set forth by the City Commission on the 26th day of March, 1953, and that the sum of t850.07 has been duly budgeted and is available, T HEREFCRE, BE IT RESOLVED BY THE CITY C011,1ISSION 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 avenue 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 avenue being as follows, to-wit: Unit No. 1652 Gary Avenue from 44th Street to 47th Street a i r e IA ofr. I•, The City Engineer is further authorized and directed to duly inspect said paving construction on said Gary Avenue and to require strict compliance with the approved plans and specificationsv :and upon completion of said paving, and upon final approval by the City Engi#eer and acdeptance of such improvements by the City Co=nission, the City Engineer is `,authorized to direct the 'City Auditor to release t3045.67 held in escrow for the property owners portion of these improve— ments abutting Myrtle Slaton Addition Number 4 to the City's General Fund and from which fund to pay the Contractor this amount, and to pay the Contractor an additional $700.40 which is the Cityls share of $850.07 less t149.67 engineering, leaving the amount due the contractor from the remaining ,property owners to be 62.,293.01 Section 2. This authority is conditioned that A. M. Strickland himself and the remaining property owners and the Contractor will pair 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 frith acceptable evidence that the Contractor and his sub—contractors, if nW. are adequately covered by public liability and property damage insurance policies, that the said A. .M:;-Stricklend 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 there— of 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 performance of all engineering involved, the payment of the stun 0,045.67 now in escrow to the contractor upon completion and acceptance of these improvements, and to pay the sum of $700.40 to the contractor upon completion and acceptance of paving improvements. On motion of Commissioner Carpenter , seconded by Commissioner '- Thongs , the foregoing resolution was unanimously passed by the City Commission this�day of October 19 . Murrell--R rip , r ATTEST Lavenia we, City ecretary I, A. M. Strickland, representing myself and the remaining property owners and Warren and Purtell, Incorporated, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. A. M. Strickland By Approve P Warren pnd Purtell, Inc. y— W. B. Holmes, City Engineer BY Ap : r Q aughn E. Wilson, City Attorney