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Home My WebLink AboutORD 14-VR 9,5 q - CK&M 51 AN ORDINANCE 0-4 1e7-50 ENTITLED' AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, ORDERING THE CONTRACTOR, TROTTI & THOMSON, INC., NOT TO PROCEED WITH THE V,)DRK OF IPIIPROVING SOUTH STREET, FROM THE WEST PROPERTY LINE OF MARIPOSA STREET WEST- WARD TO 4.5 FEET EAST OF CENTER LINE OF SO UTHERN PACIFIC MAIN LINE TRACK'NEAR FIRST STREET, AND EIGHTH STREET, FROM THE NORTH PROPERTY LINE OF S-OUTH STREET NORTHWARD TO THE SOUTH PROPERTY LINE OF LAUREL AVENUE AS PER THAT CONTRACT OF OCTOBER 2$, 1948, BETWEEN THE CITY OF BEAUMONT AND SAID CONTRACTOR, CANCELLING ALL OF SAID CONTRACTOR1S OBLIGATION UNDER SAID CONTRACT INSOFAR AS SAID NAMED STREETS WITHIN THE -LIMITS DE- FINED ARE CONCERNED. LgHEREAS, a sufficient number of the ovners of property on South Street within the limits above defined and on Eighth Street within the limits above defined will not voluntarily give security to Trotti & Thomson, Inc., the Contractor for said improvements by reason of that certain Contract of October 2$2 1948) -between the City of Beaumont and said .Contractor; and, WHEREAS, the majority of said properties are homestead properties and the Contractor, Trotti & Thomson, Inc., cannot secure a legal lien against.same by the construction of the im= provement s provided for in that certain Contract , of October 2$, 194$, between the City of Beaumont and Trotti & Thomson, .Inc; and, WMREAS, it is not deemed advisable -to proceed to con- struct a portion of said improvements only; and, WHEREAS, the Contractor, Trotti & Thomson, Inc., has made known -the above facts to the City of Beaumont, and the same have been found to be true; and, WHEREAS, said Contractor has made known to said City that it will --not insist upon its rights- under, said Contract of August 28,'1948, insofar as .said above-named streets are concerned; therefore:- BE herefore:- BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1 -That Trotti. & Thomson, Inc..-, are hereby ordered not to .proceed with the work 'of improving the follow- ing named streets within the limits designated as per that certain Contract of October 2$, 1948, between the.City of Beaumont and Trotti & Thomson, Inc., to -wit - SOUTH STREET, from the West property line of Mariposa Street Westward to 4.5, feet East of center line of Southern Pacific Main line track near First Street; EIGHTH STREET, from the North property line of South Street Northward to the South property line of Laurel .Avenue; 4--v for the reason that a sufficient number of the owners of property -abutting upon -each of said streets within the limits defined are not willing to give security to the Contractor, Trotti & Thomson, . Inc. , so . tha.t it may be secured in the performance of its work as set forth in the above named Contract. SECTION 2 That Trotti & Thomson, Inc . , is hereby, re- leased f rom . all obligations arising on the part of that company by reason of that certain. Contract of October 28, 1948, insofar as the streets above named within the limits defined are concerned, said obligations being cancelled hereby; the improve- -meets on the streets above named are.res ectively designate -d as Units One- (1) and Seven -M in that certain Contract -of October 2$, 1948. PASSED BY THE CITY -COUNCIL, this the. o r,,, day of A. D.) 1950.. MAYOR TIT, C' m " 1� � :• �� OF T 1"r J F .:� ,.L_:� r,1T OF ,�JT'�� r,�„i ;.T C: ,•.. rITY 1�':��L�, 0-3 52 2'67283 T07 T ALL -1' ; 13Y TIIL >L IL.J _ _ -, nTexas,' That i;I"1E �1 Fiy G �Eclli [10 .''v , c CtlnCD rY P.Q through its duly elected and constituted City Council, has by ordinance (luly enacted on the 10th day of January, 1950, dete-_,--"dined. not to proceed ,he ii;lyjrovement of the h^rein- 4after n2Tllei? streets, within tlic _`.,iits dGsi -n<<ted, to- ,fit ,s[ UTH _TiLLT, from 'Mie ,lest property .line of :ariposa�treet `estward to 4.5 feet Jast of center line of �outhern PE cific r;ai n line track near First FIGIiTII .STREET, from the North property line of Routh 'Strect Northward to the 0otil'h property lino Of Laurel i'•.venue ; nor the reason_ th;_.t _. suf..L lcient Number of the of ncrs of property abu.tting upon'_ each ofa ski Streets T,,Tlthin the lljlilts defined L,r e not willln--tG }-i t'e the necessary Security to the Contractor, Tr. otti L Thorson, Inc. , so that it .gray be secured the pe,`cz,raance of its r-or1:; and That no assessnant .liens. IiGve bean or sl -,all arise or be creatuccl Ucr:,,a.inst theopert,r abutting upon said stre tv, within the lirrit�- .above defined, and the real_ and true owner's•• 11_ e it e 1., ,,T � �_ � , � 1 i �i� h. „il ,_ U.L, b; reason Gf 't _1<';t i•j0�_Cc: .�8 "t?t0_CC'_^e fail .i :in the "crj,gabe records of Jcff�r�on Co[ant?�, Ie ,, =, and r orded i 7 'J Glu e 501, " 93, o � '-he ��BrCi I%YCor� s Cf JUi erSon & v , Ii-- / -16 IN7� T'J "J T T _ .. i' N ff T.j I j T1 T' r .L 1. L _ P n .1 T E' A._.J J_ �-_ , /1 J 1 Y� 11.1,,11 �"0 , _IE C � - f '� : � tic -.i ,,t 1 , S , has caused. t—his Notice to be execu.t,ecl on its behal' by its City Flan --ger and attested by its City Clerk, on this the V PY ka-& City T'Tan�"cr . Y�. 417r CCU:'�TY Or JP;FF:;R C!'T B7ETnFLJE Ti• Rar, the undersigned cUtrJT_ty, a Notary Public in and for said "tate and County, on th-L day ;personally appeared rlknovm to me to be the person 'Khose: name is subscriber to the foregoing, irtrurnent as City TTanager' of t -he City of Beaumont, and ackno�lvlelged to rye that S executled the for the purposes and consideration therein exp--l-essed and in the capacity therein seated. GTZ under my ln-nd and seal of office, this 710 of '_, _Y ' `', TC`_�1_ Y Tt1 LIC,(JJEF I' Ott CCUid1^/Y, T T�}: x� f. fI .t �..-i.. r .. AN ORDINANCE 4. ENTITLED, AN ORDINANCE OF..THE- CITY - OF BEAUMONT, TEXAS, ORDERING 'THE CONTRACTOR, "TRO.TTI .& THOMSON,' INC., NOT. TO PROCEED. WITH -THE WORK OF 'IMPROVING SOUTH -STREET, FROM. THE.WEST,PROPERTY LINE OF -,MARIPOSA STREET -WEST" WARD; .TO 4.5- FEET•; `EAST:.'OF CENTER LINE OF SOUTHERN'. PACIFIC MAIN LINE TRACK NEAR•FIRST-STREET, AND EIGHTH STREET, FROM: THE. NORTH PROPERTY LINE• OF SOUTH- STREET, NORTI-EVARD TO' THE;:;SOUTH :PROPERTY LINE OF LAUREL AVENUE AS PER THAT'.CONTRACT OFOCTOBER28, 1948, BETWEEN THE CITY.,OF BEAUMONT -AND SAID :CONTRACTOR, CANCELLING ALL OF SAID;CONTRACTORIS OBLIGATION -UNDER, SAID CONTRACT. INSOFAR AS'SAID:NAMED STREETS WITHIN -.THE LIMITS DE- FINED ARE CONCERNED.. , WHEREAS, a sufficient nrumbeof theowners of .property on South Street -within, the limits . above defined and- on . Eighth Street within the limits` above,'defined will 'not -voluntarily,. give' security, .to Trotti ..& Thomson, Inc .3 the.'Contractor for said -:improvements by reason of.that certain -Contract of October 28, 19481 between the City of Beaumont.. and,.'said, Contractor; and, PJHEREAS,'the,majority'of said properties are homestead properties and the Contractor, Trotti &Thomson, Inc:, cannot .,secure, a, legal, lien.against same by the construction of the 3m- provement" , provided for.." in that. certain Contract : of October, 28' 1948, ' between the.- City `-of , Beaumont- and Trotti &=Thoms'on, Inc; and+ WHEREAS it ;;is .riot._ deemed 'advisable to proceed.'to'con- struct a po ion of- �sad`•improvement's 'only ; and, WH'EREAS,`.the Contractor,. Trotti &_Thomson, Inc., has made . known, 'tie above' facts to the .City of Beaumont,, and the same have been; f ound to, be true; and, _ WHEREAS, 'said Contractor, Pias made known to said City. that it will riot; insist upon .its. rights under said Contract of "August 28,- 1948, insofar, as said above-named streets .are concerned; therefore:- BE -IT' ORDAINED .•BY :THE CITY OF BEAUMONT; SECTION 1 ' That Trotti,.&'Thomson, Ines.are hereby: ordered not to, proceed with the work of -improving. the follow- ing named. streets- within the limits.designated as per, that. certain Contract `of October 28 1948, between the City. of Beaumont and Trotti ,&, Thomson, „Inc'., t6 -wit: 50UTH.5TREET from the.West property line of Mariposa Street Westward - to, .4.5 feet' East' of center line ,of Southern.. . Pacific Main- line track near First . Street;'-'' EIGHTH:' STREET, .from the North property line.of South Street Northward.to.the. South ,.property.'lihe- of Laurel Avenue; l�1 J r,a 'al 4 for the reason that a sufficient number of the ovmers. of property abutting upon each of said streets within the limits. defined are not willing to give security to the''Contractor, Trotti & Thomason, Inc.,'so that it may be secured in the performance of its work as forth in the above named Contract. SECTION 2 That Trotti & Thomson, Inc., is hereby re- leased from all obligations arising on the part of that company by reason of that certain Contract of October 28, 1948, insofar as the streets above named within the limits -defined are concerned, said obligations being cancelled hereby; the improve- ments on the streets above named are respectively designated as Units One (1) and Seven (7) in.that certain Contract of October 28, 1948. PASSED BY THE CITY COUNCIL, this the 10th day of January , A. D., 1950• /s/ Otho Plummer MAYOR The State of Texas County of Jefferson ¢ rly,;Lamar Combs, City Clerk of the,City of Beaumont, Texas, do r�[:�pr by certify that the above anci foregoing is' a true' and �`••Col. pt -.;copy of an'ordinance passed by the City -'Council of the- ---- �� r City:of%Beaumont in regular session on the 10th day of January �:;P;, ; ,195-Q, the original of which is filed in the office of 'dle rk of the City of Beaumont, Texas. QIVEN under' my hand and seal' of office: this the 10th j .,bt?ry� A! D• 1950. ty ler �,ty o aumont, exas The State of Texas Q County of Jefferson Q BEFORE HSE, the undersigned authority, on this day per- sonally appeared Lamar Combs, L`ity 'Clerk -of the City of -- Beaumont, Texas, knovn to me to be the person those name is subscribed to.the foregoing instrument, and acknowledged -to me that he executed the same for the purposes -and consideration M -.-,(therein expressed. GI IN under my hand and seal of office, this -10th day A.. D. 1950. VVV