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HomeMy WebLinkAbout05903 ORD - 09/14/1960IMS:JKH:9 -12 -6o AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EYtCE1TE ANp DELIVER, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT WITH THE U. S. WEATHER BUREAU FOR CERTAIN SPACE AND SERVICES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, CORPUS CHRISTI, TEXAS, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1- THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE U. S. WEATHER BUREAU FOR CERTAIN SPACE AND SERVICES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, CORPUS CHRISTI, TEXAS, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE AND DELIVER THE AGREEMENT AS HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE €N FULL FORCE AND EFFECT FROM - -. -AND AFTER ITS PA GE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS /� DAY 0 I , �- 196o. ATT MAYOR THE CITY OF RPUS CHRISTI TEXAS CI Y SECRETAR' APPROVED AS TO LEGAL FORM THIS DAY OF ,,e; �?� 196o: CITY ATTORNEY 4. The Government shall not assign this lease in any event, and shall not sublet the demised premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said premises by anyone other than the Government, such sublessee, and the agents and servants of the Government, or of such sublessee. 5. This lease may, at the option of the Government, be renewed from year to year at a rental of One DOIlar (Yi.00) per a m'> and otherwise upon the terms and conditions herein specified, provided notice be given in writing to the Lessor at least Ua "-rty days before this lease or any renewal thereof would otherwise expire: Provided that no renewal thereof shall extend the period of occupancy of the premises beyond the 44irtiech day of June, 1971, staci2 notice to be co aputed fraa, date of .,jailing. 6. The Lessor shall furnish to the Government, during the occupancy of said premises, under the terms of this lease, as part of the rental consideration, the following; k;oae 7. The Government shall pay the, Lessor for the premises rent at the following rate: One Vollar 5,41.00; per aazaaxraa, Payable ftoi& t,m appropriation a Salaries and Expernses, Weather lurraza, pvparuzent of m rce, Dial.," or any other available appropriatioy. . Pay - - n't IS Coca illgent UPOV. tine passage of an, apprraga ation by the Congress fr : -v-hic'kt e> slitta s thereund r vlaa.l; i"e Taa6e, aad the VrAiLed Staten sball not be obligaced upan ka il'Uxe O4 Cm4 -tress to so appropriat'a. Payment shall be made at the end of each year. 8. The Government shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said- premises are located) ; which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed therefrom by the Government prior to the termination of this lease, and the Government, if required by the Les- sor, shall, before the expiration of this lease or renewal thereof, restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Govern- ment has no control, excepted: Provided, however, that if the Lessor requires such restoration, the Lessor shall give written notice thereof to the Government thiXty days before the termination of the lease. 18-- 40891 -E C2wb- 1231+ IRASGW LL'A% IMAM J _ Insert She r(„O—N _.g IIADSR Tows 14 • � r A t � SCALE., 4P Zl �i .. C._ S nom- 6s a yO.'• �. - i .,.a£ ,I 03 tj Lo '1 r I, II C2wb-1231 Insert Sheet No. 2 12. it is understood aad agreed by the parties hereto that this lease supersedes and stands in lieu of the lease (Contract Nio. G%,.,b-2481) dated October 6, 1942, with the City of Corpus Christi, which lease is hereby terminated effective with the date of Weather Bureau occupancy of the new quarters. 13. If sites assigned by the Lessor to the Weather Bureau during the period of this lease are withdrawn by the Lessor, any expense for re- moval of facilities, including installation at any other site mutually agreed upon, shall be at the expense of the Lessor, except in any removal or relocation as a result of request by the Weather Bureau. j (sheet z) 9. The Lessor shall, unless herein sf Zb-231 [ LEASE i .- - d to the contrary, maintain the said premises in good rtinuance, of this lease, except in..case of damage axis- _ premises and to make any, necessary repairs •th ore to. 10 Tf the'said premises be destroyed by fire or'other'casualty this lease shall-iIIamediatedyter- minate: In case of partial. destruction or damage, so as' to render the premises'untenantable,. either party may terminate the lease by giving written" notice to -the other. within.fifteen days thereafter; and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage. 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to''any 61'ruC11, Iu C.li 1.Ct1u, LV 1w44y.L1al.V .w K.wµ •y+.»y .y - -.. �ation'or�oinpany. ': _ - - i6tratvYS64 an -Par g$3 erg tie S�eti� �aiSl seY( se6Cs I and 2 Y ` al d?s Paragraphs 12 and 13) erg: added. o.. s` h4 Irr WITNESS-WHEREOF; the partres' hereto have hereun eir names'as' of the` cial3e { first above written. . _ _ � -3 T _. z� ._._n. ATTES.T.. Ga�R 9 �$ 5 _ BY r - -- CITY SECRETARY HERBERT W. WHITNEY Lessor. APPROVED AS TO LE'AI FORM iH1S _ DAY OF (Aa3a CIv,lA�va�E.e f.J _. -. L7NITE11' STATES OF`' AMIiIGA' �elctt of cmaerce, weat&ll` • �" CITY ATT,OR.N_EY . ._ - _� °o -.� ti _• APT (If Lessor is-a corporation, the following certificate shall be executed by the.secreta' y :or assistant __,' certify that I am the -_ - T, -- - - - -- - - - - - -- --- - - - - -- Secretary= of'the corporation`named as hessoY in the `attached Idase that -7-777----- ____________ __, who signed said -tease on behalf. of the lessor, was,, then - -------- _-------- of said corporation; that said lease was duly signed for and in behalf df = sa-id,cornoration °by authority, of its 'governing body, and is withinthe :scope of its cor- porate powers. SPEd�ATEI 16-- 40891 -1 L J ' INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE 1. This standard form of lease shall be used whenever the Government is the lessee of real property; except that when the total consideration does not exceed $100 and the term of the lease does not exceed 1 year the use of this form is optional. In all cases where the rental to be paid exceeds $2,000 per annum the annual rental shall not exceed 15 per centum of the fair market value of the rented, premises at the date of lease. Alterations, improvements, and repairs of the rented premises: by the Government shall not exceed 25 per centum. of the amount of the rent for the first year of the rental term or for the rental term if less than 1 year. 2. The lease shall be dated and the full name and address of the lessor clearly written in paragraph 1. S. The premises shall be fully described, and, in case of rooms, the floor and room number of each room given. The language inserted at the end of article 2 of the lease should specify only the general nature of the use, that is, `office quarters," "storage space," etc. 4. Whenever the lease is executed by an attorney, agent, or trustee on behalf of the lessor, two authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor, shall accompany the lease. 5. When the lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. S. Where the lessor is a corporation, the lease shall be signed with the corporate name, fol- lowed by the signature and title of the officer or other person signing the Iease on its behalf, duly attested, and, if requested by the .Government, evidence of his authority so to act shall be furnished. 7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat, light, janitor service, etc. 8. There shall be no deviation from this form without prior authorization by the Director of Procurement, except — year. (a) Paragraph 3 may be drafted to cover a monthly tenancy or other period less than a (b) In paragraph 5, if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "From year to Year" shall be deleted and proper substitution made. If the right of renewal is not desired or cannot be secured para- graph 5 may be deleted. (c) Paragraph 6 may be deleted if the owner is not to furnish additional facilities. (d) If the premises are suitable without alterations, etc., paragraph 8 maybe deleted. (e) Paragraph 9 provides that the lessor shall, "unless herein specified to the contrary, maintain the said premises in good repair, etc." A modification or elimination of this requirement would not therefore be a deviation. (f) In case the premises consist of unimproved land, paragraph 10 may be deleted. '(v) When executing leases covering premises in foreign countries, departure from the standard form is permissible to the extent necessary to conform to local laws customs, or practices. ; (h) Additional provisions, relating to the particular subject matter mutually agreed upon, may be inserted, if not in conflict with the standard provisions, including a mutual right to terminate the lease upon a stated number of days' notice, but. to permit only the lessor so to terminate would be a deviation requiring approval as above provided. 9. When deletions or other alterations are permitted specific notation thereof shall be entered in the blank space following paragraph 11 before signing. 10. If the property leased. is located in a State requiring the recording of leases in order to Protect the tenant's rights, care should be taken to comply with all such statutory requirements. u. s. covexnmenr PR,xnN� oFF,�E ia-- �oe9� —i Prresraibed (Oct. 1957 Edition) INVITATION, BID, AND AWARD CONT/rRvACT NO. PAGE NUOFER Administration yy 1a23;5Ab-121; 5 I PAGES Regulation I -II- 209.00 (SUPPLY CONTRACT) �. ORDER NO. (.if any). ISSUED BY ADDRESS U . BeaLher- i3 xeast .527 €i. ... Court &mse. Regional Adm. (:ii ice Fort Worth 2;, Texas INVITATION FOR BIDS DATE ISSUED I INVITATION NO. SLRl�ctlj US°i$ ° ° ®.. ®__ _ ®A_ J ct t�° (i�°eh�°TermsaadEbzeditie�^Hof^ the nwit3tea iarl3ids,'-(2)- the.xcctma pan3aa��el �edazieA4�. �6eswssl_) <ravisi�onx.,(�zTUlasd.FaxTn32� -------- �editicul�, 1, .auYlich�re3arorporatEdJ>exean. b�. �eLe�reey .a�d.{A�.eueh.,atiTeKr�kxact Pravr3sions.aad .specificata+ams_as=� -tee a„_.,,, ++� ^�^edd,p>e;n_...�r�1ated.bg xefesPalce �.A the- SctlTedisle, avall. be .rsaeived.aisl�,.aSwu�o$iceau rail------ a..�cl,acl�_.Y..m„ p -- - - m ...�g� ^ „.7 at» Lhei. 1'] Yrie. }�Ablir].X,O}ieagd,r.fOS$nr✓jeh in v, �t112�17(.] p )dkS.Ar�L'`ACPS.11PSCd']bE�.1U. tl iq�aDQORlpad6jdS1��`r3i6dn,16, ��.deliVFS1L.f„0.,�i General information and instructions to bidders are contained in the terms and conditions on the reverse hereof. SCHEDULE ITEM NO. SUPPLIES OR SERVICES (No 14TITYsl UNIT UNIT PRICE AMOUNT 1°-urrk9..t5i1 Lh ^. Ad:)3.'Y.T.11y .`t'Yb G:1uit:.tu ti0 the Euj a` i i"`-UiiOXC '.i.i:c8Mi.SY'., i:Eaa3Tpus (iIErY��-",ii. ;tl -ticyn l try`,k.yirlSe�prt, I'o:Lpu 6.�1ljrt .� `�.`�,%” :�:'�9"5�� -•'' �''LA�F'!e�`�'�1 eWnternp inii"ud rue, ail ales 'ricit.i.y ; watery;, rand, m -4 'RiLeG"na ce I''4 quired,,. t'at�:li:ECrk Ii® °t f. Ck3 C' diATER� 217r a d for e: a:ilet a'-iliLies —e, +k ..nyc ' y 1'..' 1 3 `E and operation Ji: a5s`i'3c.i? t;E�1::tsik ?€::1i LZICli4C.itag, r'e19lac.aa'"€ent Ught Lull& and kju0xP_S ts'"t BID ..sal DATE OF BID In compliance with the above, the undersigned offers and agrees, if this Bid be accepted within calendar days (60 calendar days unless a different period be inserted by the bidder) from the date of opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the designated point(s) within the time specified in the Schedule. Discounts will be allowed for prompt payment as follows: percent, 10 calendar days; percent, 20 calendar days; percent, 30 calendar days. BIDDER REPRESENTS: (Check appropriate boxes) (1) That he ❑ is, ❑ is not, a small business concern. (See definition on reverse hereof.) If bidder is a small business concern and is not the manufacturer of the supplies bid upon, he also represents that all supplies to be furnished hereunder ❑ will, ❑ will not be manufactured or produced by a small business concern in the United States, its Ter- ritories, its possessions, or the Commonwealth of Puerto Rico. (2) That he is a ❑ regular dealer in, ❑ manufacturer of, the supplies bid upon. (3) (a) That he ❑ has, [] has not, employed or retained any company or person (other than a full -time bona fide employee working solely for the bidder) to solicit or secure this contract, and (b) that he ❑ has, ❑ has not, paid or agreed to pay any company or person (other than a full -time bona fide employee working solely for the bidder) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract; d and fide ton of7the (For interpre rep ceen.tlationnind ding the te(m) °s ea Pio,eeassee code of Fie .I Regulationst tle0d4,1P¢rt 550.) (4) He operates ❑ individual, as an ❑ partnership, [I corporation, incorporated in the State of NAME AND ADDRESS OF BIDDER (Street, city, Zone, and State. Type or print) 5IGNATURE OF PERSON AUTHORIZED TD SIGN BID btJ.e�m_ C+masn Y _3mu vs TYPE OR PRINT SIGNER'S NAME AND TITLE AWARD I DATE OF AWARD ACCEPTED AS TO ITEMS NUMBERED I AMOUNT UNITED STATES OF AMERICA _ S 1471..ki BY SUBMIT INVOICE FOR PAYMENT TO Contr¢cting O,�cer. Weat:ear Bureau A_irpo,:- 8tats.un ACCOUNTING AND APPROPRIATION DATA C:cc),eae: l.:,Fiiri6ti Int,2r—Lat:ti3nal s$Y,130i'f PAYMENT WILL BE MADE BY Hwara writ be made on this Form, or on Standard Form 26, or by other official written notice. se-sms l TERMS AND CONDITIONS OF THE INVITATION FOR BIDS 1. PREPARATION OF BIDS. —(a) Bidders are expected to examine the drawings, specifications, Schedule, and all in- structions. Failure to do so will be at the bidder's risk. (b) Each bidder shall furnish the information required by the bid form. The bidder shall print or type his name on the Schedule and each Continuation Sheet thereof on which he makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent must be accompanied by evidence of his authority. (c) Unit price for each unit bid on shall be shown and such price shall include packing unless otherwise specified. A total shall be entered in the Amount column of the Sched- ule for each item bid on. In case of error in extension of price, the unit price will govern. (d) Alternate bids will not be considered unless author- ized by the Invitation. (e) When not otherwise specified, bidder must definitely state time of proposed delivery. (f) Time, if stated as a number of days, will include Sundays and holidays. 2. SUBMISSION OF BIDS. --(a) Bids and modifications thereof shall be enclosed in sealed envelopes addressed to the issuing office, with the name and address of the bidder, the date and hour of opening, and the invitation number on the face of the envelope. Telegraphic bids will not be considered unless authorized by the Invitation; however, bids may be modified by telegraphic notice provided such notice is received prior to the time set for the opening of the bids. (b) Samples of items, when required, must be submitted within the time specified, and unless otherwise specified by the Government, at no expense to the Government. If not destroyed by testing, samples will be returned at bidder's request and expense, unless otherwise specified by the Invitation. (c) In the event no bid is to be submitted, do not return the Invitation unless otherwise specified. However, a letter or post card should be sent to the issuing office advising whether future Invitations for the type of supplies or services covered by this Invitation are desired. 3. WITHDRAWAL OF BIDS. —Bids may be withdrawn by written or telegraphic notice (see 4 below). 4. LATE BIDS. Bids and modifications or withdrawals thereof received after the time set for opening will not be considered, unless they axe received before the award is made, and it is determined by the - Government that failure to arrive on time was due solely to delay in the mails for which the bidder was not responsible. S. GOYERNMENT- FURNISHED PROPERTY. —No material, labor, or facilities will be furnished by the Government unless otherwise provided for in the Invitation. 6. LABOR INFORMATION: Attention is invited to the possibility that wage determinations may have been made under the Walsh- Healey Public Contracts Act providing minimum wages for employees engaged in the manufacture for sale to the Government of the supplies covered by this Invitation for Bids. Information in this connection, as well as general information as to the requirements of the Act concerning overtime payment, child labor, safety and health provisions, etc., may be obtained from the Wage and Hour and Public Contracts Divisions, Department of Labor, Washington 25, D. C. Requests for information should state the Invitation number, the issuing agency and the supplies covered. 7. DISCOUNTS. —(a) Prompt - payment discounts will be included in the evaluation of bids, provided the period of the offered discount is sufficient to permit payment within such period in the regular course of business under the delivery, inspection, and payment provisions of the Invi- tation and Bid. (b) In connection with any discount offered, time will be computed from date of delivery of the supplies to carrier when delivery and acceptance are at point of origin, or from date of delivery at destination or port of embarkation when delivery and acceptance are at either of those points, or from date correct invoice or voucher is received in the office specified by the Government if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mail- ing of the Government check. 8. AWARD OF CONTRACT. (a) The contract will be awarded to that responsible bidder whose bid, conforming to the Invitation for Bids, will be most advantageous to the Government, price and other factors considered. (b) The Government reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received. (c) The Government may accept any item or group of items of any bid, unless the bidder qualifies his bid by spe- cific limitations. UNLESS OTHERWISE PROVIDED IN THE SCHEDULE, BIDS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN THOSE SPECIFIED; AND THE GOVERNMENT RESERVES THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A QUAN- TITY LESS THAN THE QUANTITY BID UPON AT THE UNIT PRICES OFFERED UNLESS THE BIDDER SPECIFIES OTHERWISE IN HIS BID. (d) A written award mailed (or otherwise furnished) to the successful bidder within the time for acceptance specified in the bid shall be deemed to result in a binding contract without further action by either party. 9. SELLER'S INVOICES. Invoices shall be prepared and submitted in quadruplicate unless otherwise specified. Invoices shall contain the following information: Contract and order number (if any), item numbers, description of supplies or services, sizes, quantities, unit prices, and ex- tended totals. Bill of lading number and weight of ship- ment will be shown for shipments made on Government bills of lading. 10. DEFINITION OF SMALL BUSINESS.— Generally, a small business concern for the purpose of Government procure- ment is a concern that (1) is not dominant in its field of operation and, with its affiliates, employs fewer than 500 employees, or (2) is certified as a small business concern by Small Business Administration. (See Code of Federal Regulations, Title 13, Port 103, as amended, which contains the detailed definition and related procedures.) Mwb-12-'�b RATE: Flatrate per annum----------- -- --- -------- -w_ - - -- -- - - - - -- $1471.30 Payment under this contract shall be made at the end of each month. This contract shall be effective as of August �, 1960, and shall continue in force until further notL;e, SubjeCt to a cancellation privilege by either party upon thirty days' written notice (such notice co be computed from date of mailing), and vAth the understanding that this contract does not obligate or -Durport to obligate expenditure of Government funds not appropriated. Standard Form '�2, General Provisicits (Supply Contract), piescribed by the General Services Achninistyatioa, 0,^tober, 1957, edition, is attached and made a part of this cantracr. �carters are leased under Uwb-1231, -which contains no provision for the fulnisi-Ling ol the sex-vices listed on Page I by the lRssor. Form 22. Oct. 1957 Edition _ eaCxibed by OeneTal Services Admini,n,ation gegulallon I- II- 209.00 GENERAL PROVISIONS (S.PPiy contract) L. DEFINITIONS terms As used throughout this contract, the following s set forth below' the Un' shall have the meaning means the Secretary, of the (o) The term "Secretary" As Secretary der Secretary, or any assistant head of Department, and they ache term "his duly author - the Federal agency; person or persons or' " means any p Officer) author- ized representative board (other than the Contracting ized to act for the SecretarryfflceT means the person (b) The term "Contracting executing this contract on behalf employee Government, (b) s a other officer or civilian ff r; and the and any ated Contracting properly design ravided in this t as otherwise P Con - term includes, exccp resentative of a ontract, the authorized rep the limits of his c tracting officer acting within authority. provided in this contract, the (c) Except as otherwise p urchase orders under term "subcontracts" includes P this contract. i. INSPECTION which term, throughout this clause nter- (a) All supplies ( components, Products) shall be subject to eludes without limitation raw materials, coin rae- mediate assemblies, and end P period t man - inspection and test by the Government, thehP extent p ticable at all times and places including tauee. ufacture, and in any event prior to accep (b) In ease any supplies or lots of supplies are defective III material or workmanship or otherwise note conformity with the requirements of this contract, the Government shall have the right either to reject them (with or without in' structions as to their disposition) or to require their been rection. Supplies or lots of supplies which have been rejected or required to be corrected shall officeocOrrr cted the Contracting romptly permitted or required by in place by and at the expense of the Contractor p uirement of correc- after notice, and shall not thereafter be tendered for a to r re- unless unless the former rejection or req .to to tion is disclosed. 01. Pots oesupplies which are peg lies move such supplies to replace or correct such supplies be removed, or p and or lots of supplies, the Government either Govern- Contract or otherwise replace or correct such supplies to the Contractor ttermnatecthis contract for !. CHANCES at any time, by a written The Contracting ()freer may e of this contract, in any one or more changes' order, and without notice to the sureties, ny ce Or ore within the general stop s designs, or spe 1 Drawings, specially manu- of the following: (I where the supplies to be furnished are to be and (iii)), of delivery. featured for the Government in accordance therewith; (ii) method of shipment or Packing; erformance of any If any such change causes an increase or decrease in the ' d for the P de- charge or (fl) may e ment thereby, laces fault as provided in the clause o£ this contract entl e "Default:" Unless the Contractor hedule$ the Contracting such supplies within the delivery at a reduc Stances. Officer may require the delivery of such supplies the cITcuO tion in price which is equitabl e under r ce shall be a d su is- Failure to agree to rich reduction of p pate concerning a question of fact within 'Ile meaning o£ ed or the clause of this contract entitled de by the Government cost of, or the time require part of the works node h urdertrantequ table adjus ment not changed by lice or delivery schedule, or shall be made in the contract p ccord- . writing both, a A Y claim by the Contractor for adjustment under ingly- this clause m the Contractor ofthhe not fication of changee h receipt by officer, if he de- Provided, however, That the such hoact on, may receive and act tides that the facts justify Prior to final pay upon any such claim asserted at any time p ro ertY e is included merit under this contx•act- Where the cost o P ustment, the Contracting Made obsolete or excess as a result of a c ang in the Contractor's claim for adj officer shall have the right to prescribe the manner of dis- position of such property. Failure to agree to any adjust a question of fact within n,ent shall be a dispute concerning q "Dis- the meaning of the clause of this tract entitled pates." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed - 3. FxTRA3 )except as otherwise provided in this contract, no Page ment for extras shall be made unless such extras and e Con- price therefor have been authorized i b riting Y the Con - n w tracting officer. 4, VARIATION IN QVANTITX this y No variation in the quantity of an item called for s contract will be accepted unless such variaOtrOpac nge been shipping, caused by conditions of loading, ipping, allowances in manufacturing processes, and then only tc the extent, if any, specified elsewhere in this contract, Standard Form 12 Oct. 1957 Edition (o) If any inspection or tes on the premises of the Contractor °e shallbprovide all rea- nd conveni- Contl•actor, without additional c erg Perform of sonable facilities and assistance for the safety a cation or test is made at ence of the Government inspectors in the P their duties- If Government insp Government a point other than the premises of the Contractor or a sub- contractor, it shall ber v Provided enpthis contract: Provided, except as otherwise p That in case of rejection the Governmes Used lin connec ion for any reduction in value o£ same ctions and with such inspection or teerformed nsu h a manner ats not the Government shall be Pe The Government reserves the to unduly delay additional cost of right to charge to the Contractor any des are not ready Government inspection and ne and test is by the at the time such insp tees tic, or retest Contractor reinspa ce or rejection of the suppte by prior rejection. promptly as Practicable after delivery, Shall be made as P rovided in this contract; but failure except as otherwiset or reject supplies shall neither relieve responsibility for such supplies as are to inspect and accept the Contractor from with t requirements nor In not in accordance with the contract Pose liability on the Government th refOGovernment of any (d) The inspection and test by defects or other failures supplies or lots thereof does not relieve the Contractor from any responsibility regarding be discovered to meet the contract requirements which may Prior to acceptance. Except as otherwise Provided in this contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. (e) The Contractor shall provide and maintain an in- spection system acceptable to the Government covering the supplies hereunder. Records of all inspection work by the Contractor shall be kept complete and available to the Gov- ernment during the performance of this contract and for such longer period as may be specified elsewhere in this contract. 6. RESPONSIBILITY FOR .SUPPLIES Except as otherwise provided in this contract, (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by the Government or rejection and giving notice thereof by the Government, the Govern- ment shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (iii) the Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the Government shall be responsible for the Ioss, or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Government acting within the scope of their employment. 7. PAYMENTS The Contractor shall be paid, upon the submission of proper invoices or vouchers, the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Un- less otherwise specified, payment will be made on partial deliveries accepted- by the Government when the amount due on such deliveries so warrants; or, when requested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or exceed either $1,000 or 50 percent of the total amount of this contract. B. ASSIGNMENT OF CLAIMS (a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U. S. Code 203, 41 U. S. Code 15), if this contract provides fox payments aggregat- ing $1,000 or more, claims for monies due or to become due the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financ- ing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Notwithstanding any provisions of this contract, payments to an assignee of any monies due or to become due under this contract shall not, to the extent provided in said Act, as amended, be sub- ject to reduction or set -off. (The preceding sentence ap- plies only if this contract is with the Department of De- fense, the General Services Administration, the Atomic Energy Commission, or any other department or agency of the United States designated by the President pursuant to clause 4 of the proviso of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 85 Stat. 41.) - (b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret;' "Secret," or "Confidential," be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive the same: Provided, That a copy of any part or all of this contract so marked may be furnished, or any information contained therein may be disclosed, to such assignee upon the prior written authorization of the Con- tracting Officer. 9. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS (The following clause is applicable if the amount of this contract exceeds $1,000 and was entered into by means of negotiation, but is not applicable if this contract was entered into by means of formal advertising.) (a) The Contractor agrees that the Comptroller Gen- eral of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representa- tives shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving trans- actions related to the subcontract. The term "subcon- tract" as used in this clause excludes (i) purchase orders not exceeding $1,000 and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 11. DEFAULT (a) The Government may, subject to the provisions of paragraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following circumstances: (i) if the Contractor fails to make delivery of the sup- plies or to perform the services within the time specified herein or any extension thereof; or (ii) if the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accord- ance with its terms, and in either of these two circum- stances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (b) In the event the Government terminates this con- tract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such manner as the Contracting Officer may deem S'., j Form 22 r Oc£W Edition appropriate, supplies or services similar to those so ter- minated, and the Contractor shall be liable to the Govern- ment for any excess costs for such similar supplies or services: Provided, That the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. (c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Con- tractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Gov- ernment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the con- trol and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontrac- tor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be fur- nished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. (d) If this contract is terminated as provided in para- graph (a) of this clause, the Government, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer, (i) any completed supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing materials ") as the Contractor has specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered to and accepted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a ques- tion of fact within the meaning of the clause of this con- tract entitled "Disputes." (e) If, after notice of termination of this contract under the provisions of paragraph (a) of this clause, it is deter- mined that the failure to perform this contract is due to causes beyond the control and without the fault or negli- gence of the Contractor or subcontractor pursuant to the provisions of paragraph (c) of this clause, such notice of default shall be deemed to have been issued pursuant to the clause of this contract entitled "Termination for Con- venience of the Government," and the rights and obliga- tions of the parties hereto shall in such event be governed by such clause. (Except as otherwise provided in this contract, this paragraph (e) applies only if this contract contains such clause.) (f) The rights and remedies of the Government pro- vided in this clause shall not be exclusive and are in addi- Staadard Form Y Oct. 1957 Edition tion to any other rights and remedies provided by law or unfier this contract. 12, DlsruTEs (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorized representative for the determination of such appeals.shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dis- pute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude considera- tion of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as making final the de- cision of any administrative official, representative, or board on a question of law. 13. NOTICE AND ASSISTANCE REGARDING PATENT INFRINGEMENT The provisions of this clause shall be applicable only if the amount of this contract exceeds $5,000. (a) The Contractor shall report to the Contracting Offi- cer, promptly and in reasonable written detail, each notice or claim of patent infringement based on the performance of this contract of which the Contractor has knowledge. (b) In the event of litigation against the Government on account of any claim of patent infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or service performed hereunder, the Contractor shall furnish to the Government, upon request, all evidence and information in possession of the Contractor pertaining to such litigation. Such evi- dence and information shall be furnished at the expense of the Government except in those cases in which the Con- tractor has agreed to indemnify the Government against the claim being asserted_ 14. BUY AMERICAN ACT (a) In acquiring end products, the Buy American Act (41 U. S. Code 10 a-d) provides that the Government give preference to domestic source end products. For the pur- pose of this clause: (i) "components" means those articles, materials, and supplies, which are directly incorporated in the end products; (ii) "end products" means those articles, materials, and supplies, which are to be acquired under this contract for public use; and (iii) a "domestic source end product" means (A) an unmanufactured end product which has been mined or produced in the United Staters and (B) an end product manufactured in the United States if the cost of the com- ponents thereof which are mined, produced, or manufac- tured in the United States exceeds 50 percent of the cost of all its components. For the purposes of this (a) (iii) $ components of foreign origin of the same t ) ( ) the products referred to in b y0 or kind as shall be treated as components minedrprodu produced, manse factored in the United States. (b) The Contractor agrees that the except end products: re will be delivered under this contract only domestic source end products, (i) which are for use outside the United States; (ii) which the Government determines are not mined produced, or manufactured in the United States in suffi, - cient and reasonably available commercial quantities and of a satisfactory quality; (iii) as to which the Secretary determines the domestic Preference to be inconsistent with the public interest; or (iv) as to which the Secretary determines the cost to the Government to be unreasonable. (The foregoing requirements are administered in accord- ance with Executive Order No. 10582, dated December 17, 1954.) 15. CONVICT LABOR In connection with the performance of work under thi s contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 16. EIGHT -HOUR LAW OF 1912 - 01ERTIME COMPENSATION This contract, to the extent that it is of a character spec- ified in the Eight -Hour Law of 1912, as amended (40 U. S. Code 324 -326) and is not covered by the Walsh - Healey Public Contracts Act (41 U. S. Code 35 -45), is subject to the following provisions and exceptions of said Eight - Hour Law of 1912, as amended, and to all other provisions and exceptions of said Law: No laborer or mechanic t doing any part of the work con- emplated by this contract, in the employ of the Con- tractor or any subcontractor contracting for any part of said work contemplated, shall be required or permitted to work more than eight hours in any one calendar day upon such work, except upon the condition that compen- sation is paid to such laborer or mechanic in accordance with the provisions of this clause. The wages of every laborer and mechanic employed by the Contractor or any subcontractor engaged in the performance of this con- tract shall be computed on a basic day rate of eight hours per day; and work in excess of eight hours per day is permitted only upon the condition that every such laborer and mechanic shall be compensated for all hours worked in excess of eight hours per day at not less than one and one -half times the basic rate of pay. For each violation of the requirements of this clause a penalty of five dollars shall be imposed for each laborer or me- chanic for every calendar day in which such employee is required or permitted to labor more than eight hours upon said work without receiving compensation com- puted in accordance with this clause, and all penalties thus imposed shall be withheld for the use and benefit of the Government. 17. WALSH- HEALEY PUBLIC CONTRACTS ACT If this contract is for the manufacture or furnishing of materials, supplies, articles, or equipment in an amount Which exceeds or may exceed $10,000 and is otherwise subject to the Walsh - Healey Public Contracts Act, as amended (41 U. S. Code 35 -45), there are hereby incor- porated by reference all representations and stipulations required by said Act and regulations issued thereunder by the Secretary of Labor, such representations and stipula- tions being subject to all applicable rulings and interpreta- tions of the Secretary of Labor which hereafter be in effect. are now or may 18. NONDISCRIMINATION IN EMpLOYMENT (a) In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or cause of race, religion, color, applicant for employment be- or national origin. The afore- said provision shall include, but not be limited to, the fol- lowing: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termi- nation; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the nondiscrimination clause. (b) The Contractor further agrees to insert the forego- ing provision in all subcontracts hereunder, except subcon- tracts for standard commercial supplies or raw materials. 19. OFFICIALS NOT To BENEFIT No member of or delegate to Congress, or resident com- missioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this con- tract if made with a corporation for its general benefit. 20. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling has been employed or retained to agency solicit or secure this contract upon an agreement or understanding for a com- mission, percentage, brokerage, or contingent fee, except- ing bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the Purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise re- cover, the full amount of such commission, percentage, brokerage, or contingent fee. 21. UTILIZATION OF SMALL BUSINESS CONCERNS (a) It is the policy of the Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns the Contractor finds to be consistent with the effici that ent per- formance of this contract. V. S, GOVERNMENT PRINTING oFni : 1959 o - 4a2852 IYBForm'403 -1 - U.S. DEPARTMENT OF CGIMMERCE Contract No. (5- 11 -54) WEATHER BUREAU (Replacing 1430 and 440 -1) CONTRACT FOR SERVICES czwo -127 (See reverse side for Terms and Conditions) Location (of service to be performed) - - Weather Bureau Airport Station Corpus.Christi, Texas The contractor hereby agrees to furnish to the Weather Bureau the service described below under the terms and at the prices stated herein and subject to the general conditions on the reverse hereof.. Description of service ELECTRICITY, on sub - metered basis, for operation of Weather Bureau Radar and other technical equipment Rates (printed schedule of rates may be attached and shall become part of this contract, or may be entered above).- $ per payable Monthly Period of contract August 8, 1960 continuing indefinitely Effective ancR�g Mess terminated by either party on 30 days written notice; such notice shall be effective from date of mailing. The contractor represents that the aggregate number of employees or the contractor and its affiliates is ❑ 500 or more ❑ Less than 500 Amount of contract Allotment Approved by (Atlottee) 110120 C. J. Raven Contractor's name and address -in full Accepted for )Weather Bureau City of Corpus Christi Corpus Christi, Texas By -- Signature of contracting official Signature - Title Date Title Date Station - - - -- - - - - DC 58266 TERMS A99` PONDJI71 w;`: T. 0 VENANT AGAINST CONTINGENT FEES - The Contractos Warrants that no person or selling agency bes teen employed or retained to solicit or secure this coul . tract upon an agreement er understanding for a com- mission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established - commercial or selling agencies maintained by the an— tractor for the purpose of securing business, Fc.; breach or violailoa of this warranty the Gover �cxt shall have the right to annul this contract with au: liability or in its discretion to deduct from the con- tract price or consideration the full amount of such commission, percentage, brokerage, or contingent fee. T„ NONDISC61IR3S SVAkIION IN EWLOYMENT - In connection with the Performance of work under this contract. the Contractor agrees not to discriminate against any em- plgyee or applicant for employment because of race, crzed, color, or national origin; and further agrees 0 insert the foregoing provision in all subcontracts 'hereunder except subcontracts for standard commercial ;u;,plies or for raw materials. i k<<,ZCIIRL8 NOT TO BENEFIT- No member of or delegate to Congress, or resident commissioner, shall be admit- ted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 4. CONVICT LABOR In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprison - nent at hard labor. . EIGHT -HOUR LAW OF 1912 - This contract, to the ex- tent that it is of a character specified in the Eight - Horr Law of 1912 as amended (40 U.S. Code 324 -326), is subject to the following provisions and exceptions of said Eight -Hour Law of 1812 as amended, and to all other provisions and exceptions of said Law: No laborer or mechanic doing any part of the work contemplated by this contract, in the employ of the Contractor or any subcontractor contracting for any part of the said work, shall be required or Permitted to work more than eight hours in any one 8. ADDITIONAL TERRIS AND CONDITIONS, IF REQUIRED: Premises leased under Contract No, document for premises) of cara;aaar.r3a .upon such work, excsnt upon the con - +,a.*, comp p atio- I ,ppald to such laborer sacs_ fir, •in. ece7rlaen a Leith the provisions of -The wages- of evegy -such laborer and mechanic employed.:: by the aContraotor -or:any subcon- tractor engaged in the performance of this contract .hall be computed on a basic day rate of eight PIT day; and work in excess of eight hours Js- is permitted only upon the condition that �a.or x•. and mechanic.sball be compen- or 5ai hoes - worked an'iexcess -of eight hours Dear a:ay at not less tban. one and ,one -half, times the basic rate of p� , "For,`eaCh°;vi6lgtion of the re- p:xi.rements of this clause •.a „pe3alty.9f five dollars sY'eaPl be i,4posed upon the Contractor for each such lahft:r^_° nanhanic forevery calendar day in which r egti ^3 em _ s =•ee is required or permitted to labor more than a °fight hours upon said work without re- ceiving compensation computed in accordance with this clause; and all penalties thus imposed shall be pithheld for the use and benefit of the Govern- ment. S. FEDEEAL, STATE, AND LOCAL TAXES - Except as may be otherwise provided in this contract, the contract price includes all applicable Federal taxes in effect on the date of this contract but does not include any State or local sales, use, or other tax directly ao- I'licable to the r.ompleted supplies orservices covered by this contract nor any other tax from which the Contractor or this transaction is exempt. Upon request 0f the Contractor, the Government shall furnish a tax Lemotion certificate orsimilar evidence of exemption with respect to any such tax not included in the con - traot price pursuant to tbis clause, For the purpose of this clause, the term ° °date of this contract" means the '^sffertive" date of this contract. 7. CERTIFICITION - The Contractor supplying service un- der this coutract will be required to execute the fol7.oesing certificate on his voucher or invoice, and I t will oot,be acceptable when executed separately and attaehz4c I certify that the above hill =is correct and just, W2 tb Et pa:Pe!ent therefor has not beer received. QUARTERS INFORMATION nk2.s•`t -- .- �.___.______ - -__ .ar s;'te _!ther type Cr which contains no provision for the furnishing by the lessor. wB Form 403-1 (5- 11 -54) CORPUS CHRISTI, TEXAS l DAY OF , 1 s" n TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE - GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPPCTFULLY, C HR I S,YI , / TEXAS THE CITY OF OR THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% ELI.ROY KING C;��r', JAMES L. BARNARD �'�__- �-- MRS. -RAY AIRHEART <, JOSEPH B. DUNN — PATRICK J. DUNNE R. A. {TUMBLE 4 GABE LOZANO,.SR, THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTEg ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J.. DUNNE R. A. HUMBLE GABE LOZANO, SR. C HR I S,YI , / TEXAS