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HomeMy WebLinkAboutResolution - 021359A - Pavement Improvements - City Engineer - 17Th Street, Toledo Avenue - 02_13_1959 RE r,2jUTION WHEREAS, the City Commission has heretofore determined that the City would contribute the customary city portion of the cost of street paving improvements, as determined by City of Lubbock paving policy, 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 prop- erty abutting 17th Street from Toledo Avenue to Utica Avenue, Toledo Avenue from 17th Street to the alley North of 17th Street have requested permission to have pavement improvements constructed on the aforementioned streets and the paving of said streets 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, the 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 $4738.31, the total cost not over $4975.23, and the City's share in connection therewith would not exceed $748.42, leaving the property owner's portion not to exceed $4226.81, 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 $748.42 will be duly budgeted on or before October 1, 1959, THEREFORE: Because City Funds are not now available for the City to contribute its customary share, the City Commission shall make full and final payment to the contractor on the 1st of November, 1959, without interest. 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-wit: 17th Street from its intersection with a line 16 feet East of the East Property Line of Toledo Avenue to its intersection with a line 110 feet East of the East Property Line of Utica Avenue, known and designated as Unit Number 1957. Toledo Avenue from its intersection with a line 13 feet North of the North Property Line of 17th Street to its intersection with a line 2.5 feet South of the South Property Line of the alley North of 17th Street, known and designated as Unit Number 1958. The City Engineer is further authorized and directed to duly in- spect said paving construction on said streets and to require strict com- pliance 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 improvements a sum not to exceed $511.50 which is the City's share ($748.42) less $236.92 engineering on November 1, 1959 leaving the amount due the contractor from the property owners not to exceed $4226.81. Section 2. This authority is conditioned that the 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-contractor, if any, are adequately covered by public liability and property damage insurance policies, that the said 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 streets and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $511.50 to the contractor on November 1, 1959, without interest, and the budget officer is directed to provide folcr::payment of said amount in the next budget. an motion of Commissioner Maner seconded by Commissioner Maxey , the foregoing resolution was unanimously passed by the City Commission this lath day of February, 1959. Lennis Baker, Mayor ATTEST: Laveni�. Lowe, City Secretary The owners of abutting property on the abovementioned street, and Kerr Paving Company, Inc., Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the consider s t er j in stated. ger Pavin Company ,sident A TIC (-Secretary-Treasurer,