109 of 1913 - A resolution relating to claims against the City for material furnished contractors. REMARKS: 1 Resolution No. 109
By Commissioner Morris
Relating to claims against
the city for material furn-
ished contractors.
READ AND ADOPTED
OCT 9 191a
7iipazOL044.0%,
CITY RECORDER.
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B E S o.L u T I O N .
B,:Tlhe oontraots let by Salt Lake.City to make and con-
truot local iuhprovements provide as'follows:
"If at any time it. shall appear that the Contractor has faile. ,
to pay the laborers employed .upon the work, or has felled to pay
for the materi-l-e used- therein, the City may withhold from the
money which may be due or become .due to the Contractor under this
agreement, suob amount or amounts as may--be necessary ;for_the,pay-
anent of such labor and material, asd may apply the ,8e a iii atah
payment, end deil'aot the same from the finel or Other estimate of
the Contractor. This prevision is intended to -protect<the"laborer
-, i employed upon the wotkk andA;he parties who may'fiirnith-material to
be used therein and the City may er may.not exercise its-option
as it may deem: iest" and;
WHEREAS, It has occurred in the page, end may occur in the
future, that contractors have failed. to pay for Materials nm[ish
contracted for and used in performing such contraots, or have
. delayed the payment therefor unreasonably, and-have also failed to
- pay for work done in carrying out said contracts, or have.unreason
ably delayed making such payment; .and'
WHEREAS, Many persons so furnishing-materiale.and so doing
work have called upon the members: of the Board of Commissioners.to
protect them against any loss of or nnreasojsble delay in payment,
sand with a view of protecting material men and laborers in:regard
to',payment for material and labor:
NOs THEREFORE, Be it resolved:
First. That any person, firm"or corporation who shall.have
furnished material to any contractor with the city for:the doing
of work in making local improvements, may files with 'the City
B.ng,ineer,'in duplicate, his, their or its claim'of indebtedness,
which claim shall be verified as to truthfulnesa<, Such.claim to
contain the name of the contractor, the kind or kinds of material
furnished the quantity furnished, the price of the same„-the
amount of the claim originally, the amounts and--when- paid, when an,
where, and for use.,on what extension4o.ch material was furnished,
and the manner and terms upon which the contractor was to pay for
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Ithe same.. And any person.who shall have performed labor or service '
.1for- any•such contractor.may file with the City Engineer, in•dupli- "-
' ;oate, his claim of indebtedness, eghioh claim shall be verified as
! to truthfulness, and shall contain the,name of the oontraotor, upo•
what extension such labor or service was done or rendered, the
number of days, prioe.per day, amount of claim originally, the -
counts paid and when, and any agreement'that may have been invade a
• ' to terms and manner of payment.
Second. That the City Engineer upon receiving any claim men-
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1tiened in this resolution, shall deliver or cause to be delivered
tc the contractor named therein said duplicate clams, and shall
•• (with his next estimate of the amount to be paid said contractor fo
Leork on the extension mentioned in said claim:,- furnish to the Boar.
, ; of Commissioners a statement of all claims 6o_ filed.
Third. After the filing.of a'claim or olaime as aforesaid, t.e,
- Board of Commissioners shall investigate the-same, pending which
*veatigati n no money shall be pai$, nor any special tax Warrants_
be issued-to said contractor; and if upon such•:iiivestigatioi it.
shall appear to the satisfaction of>6aid Board-that said Contracto -
is indebted to the claimant is any sum of money which is past due,
for material furnished or labor or 'verviee performed or rendered,
the Board of Commissioners,may, if in its opinion it shall be Net
and proper, withhold from the money which may 1e due or become -due
, jto the contraotor, such amount or.amounts'as may be necessary for
the payment of amob claim or claims for material,: labor or service,
.' and may apply'the same to such payment and deduct the same from
, any estimate for said Sontraotor.
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Adop% d by the. Board of Casmieeionere of Salt Lake City,
- Utah.., er 9th, 1913.
GGI (6'
Mayo Al''
2„ C y eoorder.