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Home My WebLink About06093 ORD - 03/08/1961IIIII IMS :JKH :3 -8 -61 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A SUPPLEMENTAL AGREEMENT TO THE AGREEMENT OF JANUARY 10, 1955, BY AND BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE 6 OF SAID AGREE- MENT TO THE EFFECT THAT THE RETAINAGE OF THE GOVERNMENT MAY BE REDUCED TO 1 -1/2% OF THE TOTAL COST OF THE PROJECT, A COPY OF WHICH SUPPLEMENTAL AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA ENTERED INTO AN AGREEMENT DATED THE 10TH DAY OF JANUARY, 1955, PROVIDING FOR THE CONSTRUCTION OF A NEW BRIDGE ACROSS THE PORT ARANSAS- CORPUS CHRISTI WATERWAY AND THE REMOVAL OF THE OLD BRIDGE ACROSS SUCH WATERWAY; AND WHEREAS, THE GOVERNMENT, UNDER THE PROVISIONS OF SECTION 6 OF THE ACT OF CONGRESS OF 21 JUNE, 1940, AS AMENDED BY THE ACT OF CONGRESS OF 16 JULY, 1952 (33 U.S.C. 511 -523), AGREED TO SHARE IN THE COST OF SAID PROJECT AS SET FORTH IN SAID AGREEMENT; AND WHEREAS, ARTICLE 6 OF SAID AGREEMENT PROVIDED THAT MONTHLY PAY- MENTS WOULD BE MADE BY THE GOVERNMENT AS THE WORK PROGRESSES, BUT NO PARTIAL PAYMENTS WOULD BE MADE FOR WORK DONE IN EXCESS OF THE RATIO THAT THE GOVERN- MENT SHALL SHARE BEARS TO THE TOTAL COST OF THE PROJECT, LESS TEN PERCENT; AND • WHEREAS, THE CITY HAS REQUESTED THAT THE AMOUNT OF THE RETAINED PERCENTAGES BE REDUCED; AND WHEREAS, SAID SECTION 7 OF SAID ACT OF CONGRESS OF 21 JUNE, 1940 HAS BEEN AMENDED BY THE ACT OF CONGRESS OF 14 AUGUST, 1958, PUBLIC LAW 85 -64o, 72 STAT. 596, PERMITTING THE CHIEF OF ENGINEERS TO MAKE PARTIAL PAYMENTS ON SUCH PROJECTS, WITHOUT A REQUIREMENT OF RETAINING A PERCENTAGE OF SUCH PAYMENTS, AND THE GOVERNMENT HAS AGREED THAT IT IS NO LONGER NECES- SARY TO WITHHOLD A FULL TEN PERCENT OF SUCH PROGRESS PAYMENTS; AND WHEREAS, THE GOVERNMENT IS AGREEABLE TO SUPPLEMENTING SAID AGREEMENT OF JANUARY 10, 1955, SO AS TO REDUCE THE RETAINAGE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 6o93 SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A SUPPLEMENTAL AGREEMENT TO THE AGREEMENT OF JANUARY 10, 1955, BY AND BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE 6 OF SAID AGREEMENT TO THE EFFECT THAT THE RETAINAGE OF THE GOVERNMENT MAY BE REDUCED TO 1 -1/ OF THE TOTAL COST OF THE PROJECT, A COPY OF WHICH SUPPLEMENTAL AGREEMENT I5 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE AGREEMENT MENTIONED IN SECTION 1 SO AS TO PROVIDE REIMBURSEMENT TO THE CITY FOR SUMS HERETOFORE EXPENDED AS SOON AS POSSIBLE 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 OFITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT. IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF -j7.1-4LA"."-.(4" , 1961. ATTES . CITY SECRE A Y /, MAYOR TIC CITY OF '•'PUS CHRIS , TEXAS APPROVED AS TO LEGAL FORM THIS 67 DAY OF 1961: CITY ATTORNEY SUPPLifCNTM. AGREDEMT 1•0 ARTICLES OF AGREE44Er1T BETWEN hE UNITED $TATf$ OF A)ERICA AID' THE CITY 0? FOR CHRISTI, TEXAS • THIS SUPPi.DC$TAL AGE ENTOREO 11ITD Th $ • CAT DV 19�1'eY Asp BcT1tH THt UNITED STATES Qf AIRIU1.Mt»E�� AFTCIi tl1CLEU. 7NC '��`bVLRNNEblT1°, RElRES15HTic CY THE $EcITARY_4I' fHE AAUY. •Rncuits4 TH;A ADREi1RNTp PA RTT OF.THC ?1R$1 >r*RT, AND 1$S CITY or cORPUS CHRISTt,, TEXAS, HUCtKAFTOR CALLED, THE :�1TC�A PARTY D1! T40 $CCDND PANT, • WtTt�69ETii TAT: • WHERE S, SAID .A1tTIU ENTCRCC; UITA AM. ASRUrtCNT bATED TNKE iQT11 DAY Df ANUAI r 1955, PRDyloit c ion 711E CDHStRucTICN or A AEw...$Tlf{ AcNDfi THE PDRT ARAHEAs+Coi,ub CHRtsti HATCRYAY AHi THE RCMDYAL OF THC OlD. taRt4G0 ACA0$$ 'OUCH WATRAWAY AIO • WIER6AS, SHE GOYCRNMENT,' u11DCR THL PRDVIStONI Or SCct1ON 6 or 111E AC7 Dr oNG:1Eu 6r 21'.iunE 19O, AS Al IID0o:AY THA Act 9r C1HiAR6i>o ar 16 JuLv *952 (33 U.$.C. 5110, AGRE D Ta SHARA Ili THt CDD'r w *A!D PRDUCCT As 007 #OATH iS *AID AGRTtME$' A1ID, WHEREAS, ARTtctt 6 or w AD LMENT :PRGVt000 THAT 000THL1 PAY11ioTs YDUtD_AR M1ADi` BY, THC GcvroNM[H7` A$ THE wo*R P*QGP $Z0, •UT,l1D PA071A1. fAY- W NT VQUL� *R KADO FOR WORK 00110 111 UCLSS 8F mE RATIg 'HAT THE Ci011LRNNC0T 1HALL :NARE BEARS TO 1110 TQTAL CDST 5? ,THE PRQCTI LESS 7011 PKRCEHTI MBA lifiCREAS, 7110 CITY nA$ RSQUA$TEQ 7007 7110 AIICUNT.Dr 710 5E7A1000 P ER000TMEE 8E RL*u tp} AND, • EAS, SAra:. SECt1DR 7 Dr 5A10 ACT or Coll*su, or 21 Juoo 1940 0* E eELH *1100000 AY 7111 ACT of 00000100 DF i AUG00T 19B, PU*UC LAv 8 -6kA, 72 S1AT. 596, t$511117100 .THL Cotcr Dg ENoINwls 70.0050 PAfT1A1. MAY105To 011 SUCH *50400101 0171/0117 & RCDIIIREMENT 0? RETAIMINO A FLr10EMTAGC • 000 PAY*NT2 A0* 1110 G*YE*61NENT: 0115 '*05000. 711717. tR 11 HO 0011000 N$C�4Sf1RY 1* 0i1HH01D A FUtl. TEb ,PERCEET 0? SUCH *5005000 PAYW0K7S, - N(9d TERUORE, 17 t N ADRuo 8f rwoos 7110 s*R r s o0 1105070 Ao 1"oLLD11' 1. Awr ;CL£ 6 tr 0*1@ *4!X0011001 .04710 Tot 10770 DAY sF JARVANY 1955, 01 *1100000 00 7017 7110 ; EA0E SHALL 00056r700 '5O00 A5 FOUlnw$I 7 THE TOTAL PAYMENTS OUT OF FCOERAt. rumps SHALL Nor ERCRSD THt PROP*1TIOHATE SHARE OF.TNE GOVERHtdtliT'or TN$ TOTAL coot OF THE PROJECT PAID AA INCURRED 8Y THE C•ITT.; MONTHLY PAYMENTS WILL AE AAA* AT 'IRE GoUERN' HINT *A:TiA NORA'ROORERtOii, :nut to PARTIAL, PAYNE N5s Vi LL at foil NARA „,' ODNE 11t £XCE'►$ OF THE 5*? 10. 7N*T TH5 00AAAN1E1tt ANAAS AEARI TO THE TOTAL too, 0 THit PROJSeT,'Lt$$ 10 PERCENT' PROV10ESE HOWEVER WHEN 50 P$Ret*T OF THE'WORK NAS BEEN COMPLtTEO SATIIFAcTO5Y 1►RO0RE1I4 1$ 1E11G'RADA# ANY OF 'VAC REMAINING PARTIAL PAYMENTS HAY 85 mot ill FULLt ANA PRDYIOED, PURTNto, AT *14? 71145 AMR- 50 0E200 Ar THE WORN HAS A$*N 19OMPACTAD. AN-0. **TIAPACTOlIY pROGRto' R$ NEMRA MADtt 'Mt tOTA1. AMOUNT R5TAINCD room Anntl*l PAYH5NTR ILAV 81 *DACto TO AN AMOUNT AST LEES THAN 10 toast OF Y11G 51ti5ATED VALUE OF Tot wont RAMAA /MHO TOaz OONE,OR 141/2 *MCAT OF THE TOTAL COST OF THE 0ROJti5T, MNIOHLVER 1; NIONto.* 2. Ai.o OTHER PROV *$I0N5,- oF.AAJIA ARIGRRAL'AARt5MCNT ARICA ARE MOT M0$4Fl58 0* ALTtR¢4 HT 7145 FORtQOIMO PAR*G*APH IINA4I ttossN lk 7844 POOP! ARIL EFFECT AS CRIAIAALLY *RITT5N. City AECRpAIIY -Armlets AM TO L O *L FSRN I7Y _AttORiiR:Y tECRETAAY *MARRY CITY or Cain us CNR1st1t T.OMO SAL • CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 19_(.1 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. RESPKCTFULLY, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS..RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE C y i THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO/ING VOTE: GABE LOZANO, SR. ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L02AN0, SR.