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HomeMy WebLinkAboutORD 36-If AN- ORDINANCE F REPEALING ALL PROCEEDINGS, RESOLUTIONS, AND ORDINANCES, AND CANCELLING ALL CONTRACTS I�AVUTH REFERENCE TO TIE PAVING OF AUSTIN STREET FROM IAEST LII:E OF MAIN STREET TO EAST LIIvE OF IE ARL STREET; LANGHA.M AVENUE FROM 'WEST LIKE OF NECHES STREET TO AEST LINE OF LAND STREET; AMID ROYAL STREET FROM WEST LINE OF AVFKi U -r- A TO EAST LINE OF AVENUE B; AND ITECIARING AN EMERGENCY. 1,7hereas, by resolution dated February 25, 1930, the above named streets were ordered paved, and. thereafter _plans and specifications were duly adopted and approved and bids were adver- tised for and received, and a. contract was duly awarded to Joe E: Broussard for the paving thereof, which contract was later assigned- to Broussard-Warfield Company, said contract being dated March 13, 1930; and Whereas, by Ordinance passed on April 22, 1930, two-thirds of the cost of paving Austin Street from west line of Main Street to east line of Pearl Street was assessed against the abutting property oi.%Tners along such street, end by Ordinance passed on June 24, 1930, two-thirds of tYn cost of paring Royal Street from west line of Avenue A to east line of Avenue B was assessed against the abutting property owners along such street; and WHEREAS, said paving company was thereafter unable to secure contracts from a sufficient number of property owners abutting on said streets to justify said paving, and it has become impractical to proceed therewith, and said Broussard-I'arfield Compmy nas requested that it be lelieved from said contract and contractor's construction and mainter_ance bonds given thereunder: NOW, THEREFORE, BE IT ORDAINED BY THE CIT L' OO A1TMISSION OF THE CITY OF BEAUMONT Sec'tion 1, That all resolutions, ordinances and proceedings hereto- fore enacted or passed with referance to t333� -paving of Austin Street from west line of Main Street to east line of Pearl Street; Langham Avenue from west lire of Neches Street to wet line of Land Street; - and Royal Street from west line of Avenue A to east line of Avenue B, be and the same are hereby repealed insofar as the same apply to or affect the paring of said portions of said streets, and that certain c ontrac t between the City of Beaumont and Brous s ard- varfi eld Company dated March 133, 1930, for the paving of said streets, together with contractors s construction and maintenance bonds executed thereunder, be and the same are hereby cancelled and annulled insofar as they apply to the above naned streets, and are declared to be of no further force and effecto Section 2. The fact that the above mentioned paving proceedings have created an `apparent lien one property abutting the above named streets, and the fact that the paving contractor is desirous of being relieved frau its obligations under said contract -and under the construction and mai. ntenance bonds executed thereunder, creates an imperative public necessity and emergency necessitating the suspension of the rule requiring ordinances to be read on three several days before their passage, and said rule is hereby suspended 51 r01�/ The State of Texas, County; of Jefferson Before me, the undersigned authgrity,. on this day personally appeared ................ :............ ....... RIL ................................................................known to me, who being by nae duly sworn, on his oath de- poses ll MANAG poses and says. that he is the ------- ---------- --------------- of the BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and foregoing was published in said newspaper, such publication being on the follow- ingdates:---------------------------------------------------------_-----------------------.A. D. 19��� and a newspaper cosy of whit is hereto attached. ..... 4-A - - -- -------------------------------- Sworn to and subscribed before me, this ............._._...day of____ _ ____________ ------- A. D. 19_x/ AN ORDINANCE. 'ge--- - pealing all pro- ceedings, resolutions, and ordinances, and cancelling all contracts .with reference -. to the paving of Austin street from. fest ' line of NJain street to east line of Pearl 4 ��--- ��- �- street; 'Langham avenue from west line of I Notary Public, Jefferson County exas. t Neches street to west line of Land street; r end Royal street nuA tocasthA west Avenue B, aad e de- claring an emergency. .NVhereas, by s•eso- i f lotion dated February 25, 1930, t{ie above named Streets were ordered payed, were and ! thereafter plans and specifications duly adopted and approved and bids were i advertised for and received, and a, con- tract was 11117., � _a 41 �ceedings, resolutions, andY ordinances, aad cancelling all contracts with reference to the paving of Austin street from west line of Main street to east line of Pearl street; Langham avenue from west line of Neches street to west line of Land street: and Royal street from west line of Ave- nue A to east .line of Avenue B, and de- claring an emergency. Whereas, by reso- lution dated February 25, 1930, the above named streets were ordered paved, and thereafter. plans and specifications were duly adopted and approved and bids were advertised for and received, and a con- tract was duly awarded to Joe E. Brous- sard for the paving thereof, which con- tract was later assigned to Broussard- Warfield company, said contract being ,-dated March 13, 1930; and whereas, by ordinance passed on April 22, 1930, two- thirds of the cost of paving Austin street from west line of Mainstreet to east �linc of Pearl street was assessed against /the abutting property owners along such street, 'end by ordinance passed on Julie 24, 1930, two-thirds of the cost of paving Royal street from west line of Avenue A to east line of Avenue B was assessed against the abutting property owners along such street; and whereas, said paving company was thereafter unable to secure contracts from a sufficient number of property owners abutting on said streets to justify said paving, and it has become Impractical to proceed therewith, and said Broussard-Warfield company has requested that it be relieved from said contract and contractor's con- striction and maintenance bonds given thereunder: Now, therefore, be it' or- dained by the city commission of the city of Beaumont: Section 1. That all resolutions, ordinances and proceedings heretofore enacted or passed with refer- ence to the paving of Austin street from. west line of Main street to east line of Pearl street; Langham avenue from west line of Neches street to west line of Land street: and Royal street from west line of Avenue A to east line of Avenue B, be and the -same are hereby repealed insofar as, thessame apply td1or affect the pav- ing of said portions of said streets, and that certain contract between 'the city of Beaumont and Broussard-Warfield com- pany dated Mardi 13, 1930, for the pav- ing of said streets, together' with con- tractor's construction and maintenance bonds executed thereunder, be- and the same are hereby cancelled and annulled insofar as they apply to the above named streets, and are declared to be of no further force and effect. Section 2. The fact that the above mentioned paving proceedings have created an apparent lien on the property abutting the above named street, and the fact that the pav- ing contractor is desirous of being re- lieved from its obligations under said contract and under the construction and rmaintenance bonds executed thereunder, creates an imperative public necessity Mand emergency necessitating the suspen- !sion of the rule requiring ordinances to be read on three several days More their passage, and said rule is hereby sus- pended'and this ordinance shall take ef- fect and be in force from and after its passage. Passed by the affirmative vote of all members of the city . commission, this the 5th day of 14ay, A. D. 1931. E. A. Fletcher, mayor. ............. -'-%� ............................. - ^ Notary Public, Jeff erson Cofenty, as.