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HomeMy WebLinkAboutORD 445 - ORD Finding & Dertermimimg Facts with refernce to the Intersection of College Street and Marquette Street l,- I ( ----' I --' ~I :- 1 ') l' ~f- f ORDINANCE NO. 445 AN, ORDINANCE FINDING AND DETERMINING CERTAIN FACTS WITH REFERENCE TO THE INTERSECTION OF COLLEGE STREET AND MARQUETTE' STREET, THE PAVEMENT OF WHICH WAS PROVIDED FOR IN THE MAY 3, 1948 CONTRACT BETWEEN THE CITY AND BROGAN & WILLIAMS, CONTRACTOR,.AND'.'WITitRl5FER- ENCE TO THE INTERSECTION OF BELMONT AV&~UE AND LAFAYETTE STREET; FINDING AND DETERMINING THAT IT IS NOT PRACTICAL TO PAVE AND IM- PROVE SAln COLLEGE AND MARQUETTE STREET INTERSECTION; FINDING AND DETERMINING THAT IT IS MORE URGENT AND TO THE BEST INTERESTS OF THE CITY TO PAVE AND IMPROVE: THE INTERSECTION OF BELMONT AVENUE AND LAFAYETTE STREET; APPROVING PLANS AND SPECIFICATIONS FOR SAID INTERSECTION; AMENDING.SAID CONTRACT, WITH THE CONSENT OF SAID CONTRACTOR, AND SUBSTITUTING SAID BELMONT - LAFAYET',l'E INTERSEC- TION THEREIN IN LIEU OF, SAID COLLEGE - MARQUETT~ INTERSECTION, AND DECLARING AN EMERGENCY. Yv.HERR~S, certain proceedings have heretofore been tad toward the 'paving and improv.~g of certain street intersections including the inter- section of College Street and Marquette Street; and proceediagsfor the pavement and improvement of the intersection of Belmont Avenue and Lafayette Street have been proposed and are pending; NOW, rHEREFORE, BE I'l' ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Commission of the City of West University Place, . Texas, does hereby find and determine, that pursuant to competitive bids re- cei ved April '29, 1948, and subsequent to appropriation of funds to cover the cost thereof, the City awarded a contract to Brogan & Williams, Contractor, for .. the paving and improving of certain street intersections, to-wit: the inter": , ,.section of Rice Boulevard and West Point Street, and the intersections of College Street with Coleridge, Villanova, Marquette, Southwestern and Marlowe Streets, resp.ectively,and each of said intersections has been heretofore paved'and improv.ed save and except only the Villanova and Marquette Street intersections; that the intersection of College and Marquette Streets was in- cluded in the advertisement for bids and in said contract with the under- standing that the property owners in the 3800 and 3900blo.cks on Marquette Street would cooperate ,in the paving program, and. would make arrange~entsto pave and pay for the pavement of said blocks if said intervening intersection were paved and paid for by the City; that a substantial number of the property owners in said blocks have failed and refused to make arrangements for the paving of said Marquette Street and to cooperate in the paving program, 11ith the result that the pavement of said intersection of College and Marquette Streets at this time would be futile and wasteful expenditure of said funds and with no practical benefit, but contrary to the policy, and the best in- terests, of the City. Section 2. The City Commission further finds and determines that property owners on Lafayette Street in the 2800 and 2900 blocks, East of Belmont Avenue, and the 3000 and 3100 blocks, West of Belmont Avenue, have made arrangements for the pavement of Lafayette Street, in said ,blocks--:" and that it is much more urgent and more in keeping with the policy of the City to pave the intersection of Belmorit Avenue and Lafayette Street, and?thereby secure continuous pavement, which would result in a greater benefit to the II Tr 'l!I::."'m--1 , ~~- .. ..~ -----':..1.:. ..."r._~_....;:...."""l ~'Qf p:~ ~;: :;j : :~)J': f ,.. 'i , c . 'f. City from the use of its funds than to pave said College - Marquette inter- section with the funds heretofore appropriated for said May 3~ 1948 contract. Section -3. The CityC,ommission, having ,examined same, does hereby approve and adopt the plans and specifications pr'epared by the Engineer for the City for 'the paving and improving of said intersection of Belmont Avenue and Lafayette Street. Section 4. Brogan & Williams, Contractor in the above mentioned contract, ~nd the surety on its bonds, having agreed ~nd consented to such action, the City Commission does hereby amend said May 3, 1948 contract by substituting for and in lieu of the intersection of College Street and Mar- quette Street, as therein provided, the intersection of Belmont Avenue and Lafayette Street, and by substituting for and in lieu of the plans 'and speci- fications earlier prepared and approved and applicable to said intersection of College and Marquette Streets, the plans and specifications hereinabove approved for the intersection of Belmont Avenue and Lafayette Street, so that said last named intersection may and shall be paved and impr~ved under the terms and provisions of said contract and in accordance with the plans and specifications ther~in contained, as amended hereby, the same as though said last named intersection had been originally incorporated in said contract in lieu of the intersect~on of College and Marquette Streets. Said amendment, change and substitution, however, shall in no ,Vise affect nor r~lease the obligation and liability of saidCotltractor and the surety on its bonds in connection with said contract as amended hereby, but same shall remain in full force and :ef:fect the same as though originally"written with reference to the Belmont -, Lafayette intersection instead of the College - .Marquette inter- section. ' " " , T Section ~. The fact that the work and improvement of ~he above named portions of Lafayette Street is now in progre~s and the intersection of Belmont Avenue and Lafayette Street should be contempora::rreowrly':paved:creates a public emergency and therefore this ordinance shall be passed finally on the date of its introducti on, this the 12th day of January , .1949, and shall take effect immediately upon its passage and approval by the Mayor~ PASSED this, the 12th day of January., 1949. APPROVED this, the 12th day of January, 1949. ATTEST: ~ - ' "....c.4-,... 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