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HomeMy WebLinkAbout07039 RES - 10/02/1963IMS:JKH:9 -30 -63 i r A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR ��CROFILMED f AN 2 % SEWAGE TREATMENT WORKS IN CONNECTION WITH MAKING 196. t IMPROVEMENTS TO SOUTH STAPLES OSO PLANT TO EVERHART SEWER MAIN, INCLUDING A LIFT STATION AT EVERHART AND AN INTERCEPTOR LINE FROM EVERHART TO SANTA FE AT ABERDEEN, AND TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS TO COMPLETE THE AFORESAID PROJECT; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HAS k AUTHORIZED A PROGRAM OF CONSTRUCTION OF SEWAGE WORKS AT AN ESTIMATED COST OF $1,453,700.00 AND THE UNITED STATES GOVERNMENT, ACTING THROUGH 1 THE PUBLIC HEALTH SERVICE, HAS OFFERED A FEDERAL GRANT IN THE AMOUNT OF $430,110.00 AS DESIGNATED ON PART A, OFFER AND ACCEPTANCE, NOW UNDER CONSIDERATION BY THIS BODY: NONE, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE AFORESAID OFFER AS SUBMITTED, TOGETHER WITH THE TERMS AND CONDITIONS THEREOF, IS HEREBY ACCEPTED AND APPROVED; AND THAT HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, IS HEREBY AUTHORIZED AND DIRECTED TO SIGN SAID OFFER AND ACCEPTANCE AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECT ON BEHALF OF SAID CITY; BE IT FURTHER RESOLVED THAT THE CITY OF CORPUS CHRISTI HAS OR WILL PROCURE A FEE SIMPLE OR SUCH OTHER ESTATE OR INTEREST IN THE SITE OF THE PROJECT, INCLUDING THE NECESSARY EASEMENTS AND RIGHTS OF WAY, AS TO ASSURE UNDISTURBED USE AND POSSESSION FOR THE PURPOSES OF CON- STRUCTION, OPERATION AND MAINTENANCE OF THE WORKS FOR THE ESTIMATED LIFE OF THE PROJECT; AND THAT IN THE EVENT SUCH TITLE, ESTATE OR INTEREST IN SUCH SITE, EASEMENTS OR RIGHTS OF WAY MAY IN THE FUTURE BE CONTESTED, THE CITY OF CORPUS CHRISTI WILL DEFEND AND MAINTAIN ITS TITLE IN SUCH SITE AND HOLD THE UNITED STATES GOVERNMENT BLAMELESS IN SUCH ACTION; AND THAT BEFORE ANY FEDERAL PAYMENT IS REQUESTED PURSUANT TO SAID GRANT, SAID CITY WILL PROVIDE CERTIFICATION AS TO THE SUFFICIENCY OF SUCH ESTATE OR INTEREST. SECTION 2. THE NECESSITY TO EXECUTE THE NECESSARY INSTRU- MENTS IMMEDIATELY IN ORDER TO MAKE THE HEREINABOVE DESCRIBED IMPROVE- MENTS OR CONSTRUCTION WITHOUT DELAY 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXISTS AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS RESOLUTION BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER I//TSS��� ------- IT IC ArrnpnlMGt V qo RFS(1I VFI7 THIS THE Z DAY OF 1963- OR ATTEST: THE CITY OF CORPUS CHRISTIp TEXAS ILGG CITY SECRETARY a APPROVED AS TO LEGAL_ _FORM THIS DAY OF r_a J ,1963: C CITY ATTORHEY PHS- 2690 -1 Department of FORM APPROVED REV. 1.63 HEALTH, EDUCATION, AND WELFARE BUDGET BUREAU NO. 68 -RG14 PUBLIC HEALTH SERVICE PROJECT NO. L WPC -Tex -293 OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS UNDER 33 U.S.C. 466 et seq. PART A SECTION I OFFER A. LOCATION OF PROJECT (State, County, City) Texas, Nueces County, Corpus Christi B. LEGAL NAME AND ADDRESS OF APPLYING AUTHORITY (herein called the "Applicant ") City of Corpus Christi City Hall, 302 South Shoreline P. 0, Box 1622, Corpus Christi, Texas C. PROJECT FINANCING UNDER TERMS OF THIS OFFER , Total estimated project cost ..... ............................... $ 1,453, 700,00 Estimated project cost eligible for Federal pertiaipotian ................. $ 1,433, 700.00 FEDERALGRANT OFFERED ..... ..............................$ 430,110.00 D. DESCRIPTION OF PROJECT Interceptor sewers, pump station and force main. Consideration having been given by the Surgeon General of the Public Health Service to (a) the application submitted by the Applicant pursuant to Section 6 of the Federal 'Aster Pollution Control Act, as amended (33 U.S.C. 466 at seq.), (b) the public benefits to be derived by the construction of this project, (c) the relation of the ultimate cost of constructing and maintaining the works to the public interest and to the public necessity for the works, and (d) the adequacy of the provisions made or proposed by the Applicant for assuring proper and efficient operation and maintenance of the treatment works after completion of the construc- tion thereof, and it having been determined by the Surgeon General that such project (a) is in conformity with the approved State water pollution control plan submitted pursuant to Section 5 of the Act, (b) meets the criteria for redcral aid specified in Section 55.28 of the regulations, and (c) is included in a comprehensive program developed pursuant to the Act; and the Surgeon 'General having further determined that the State water pollution control agency has approved the project and certified that it is entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs; The Surgeon ;eneral of the Public Health Service, acting in behalf of the United States of America, hereby offers: To make a Federal grant to the above named Applicant subject to the assurance included in this document as Section 11, in order to aid in financing the construction of the project „rursuant to the Federal Water Pollution Control Act, as amended. The amount of the Federal grant will not exceed 30 per cent of the estimated reasonable cast of the project or 5600,000, whichever is loss, except that whore a project will serve more than one municipality, each participating municipality's share of the are p.n.. shall be treated as if it were a separate project for the purposes of determining the total of the grant to be mode in such instances, said individual shares, in turn, being subject to theperccntage and dollar limitations for individual grants first here - rnabovo mentioned, and the total of all amounts so determined or $2,400,000, whichever is the smaller, shall be the maximum grant that may be made for each project serving more than one municipality; provided, further, that in the event the actual r e osona ble cost of any project, as determined by the Surgeon General upon completion of construction, is less then the estimated reasonable cost upon which the grant offer is based, such actual cost shall be used to determine the amount of the Federal grant, and the grant shall be reduced as necessary to conform with the limitations hercinabovc cited. • In addition, tFis C:ffef s made subject to complatioa of Part a of this Cffer and Acce ptanco ond'tha following conditions. 1, The Public Health Service, U.S. Department of Health, Education and Welfare reserves the right to withdraw the offer in the event reasonable progress is not main- tained toward completion of the project. 2. No other Federal contracts have been or will be executed which will cause Federal monies other than the grant herein offered to be used for direct payment of any portion of the eligible costs of this project. This assurance does not refer to monies provided on a loan or repayment basis. . 3. Any attachments to this form and conditions therein will be considered a part of this grant offer. 4. All construction contracts awarded on or after October 12, 1962, as a result of an invitation for bids issued after August 13, 1962, must include the overtime provisions required by the Contract Work Hours Standards Act. 5. Plans and specifications complying with Texas State Department of Health recommended design criteria will be submitted for approval before December 24, 1963, 6. The project will be advertised for bids within 15 days after authorization to do so is received. 7. The contract will be awarded within 15 days after authorization to do so is received. T This offer must be accepted, if at oil, on or before October 25. 1963 ' For the United States o, f ublic Health Service SEP 1 2 19 "03 Regional Health Director (Dote) (Far the Sargeon eenerel) (Title of officer) PHS2690.1 REV. 1-63 (Page 2) CG -43 ATTACHEIENT TO PART A, OFFER AND ACCEPTANCE PROJECT: WPC -Tex -293, Corpus Christi, Texas SUMMARY OF COSTS CONSIDERED FOR FEDERAL PARTICIPATION This grant is based on estimated quantities and costs. Mino{ variations within an item are to be expected and will not affect its eligibility. Any changes in the items, or substantial changes within an item, however, will be considered ineligible unless reconsideration is specifically requested and approved by the State and PHS. Final grant payment will be based on actual costs of eligible items. REQUESTED CONSTRUCTION ITEMS IN APPLICATION ELIGIBLE Interceptor line from Oso Treatment Plant to Ever- $ 986,727.00 $ 986,727.00 hart Road including pump station and force main. Interceptor line from pump station at Everhart 240,573.00 240,573.00 and South Staples to Santa Fe line at Santa Fe and Aberdeen. Sewer line from Everhart Road to Carroll Lane 767,700.00 along South Staples. Total Construction 1,995,000.00 1,227,300.00 Equipment and Materials 120,500.00 73,700.00 Engineering Services Legal Costs 5,000.00 5,000.00 Ei,000.00 5,000.00 Administrative Costs 199,500.00 122,700.00 Project Contingency 2,325,000.00 1,433,700.00 TOTAL ESTIMATED COST 600,000.00 430,110.00 FEDERAL GRANT This grant is based on estimated quantities and costs. Mino{ variations within an item are to be expected and will not affect its eligibility. Any changes in the items, or substantial changes within an item, however, will be considered ineligible unless reconsideration is specifically requested and approved by the State and PHS. Final grant payment will be based on actual costs of eligible items. ATTACHMENT TO SZ,S'ION I, PART-A, OFFER AND ACCEPTANCE OF FEDERAL GRANT FOR SEWAGE TREATMENT WORKS UNDER 33 U.S. C 466 et seg. ADDITIONAL ASSURANCE IN COMPLIANCE WITH EXECUTIVE ORDER NO. 11114 REGARDING NON- DISCRIM'7_71_210N IN EMPLOYMENT The applicant hereby agrees to the following conditions: (1) It will incorporate or cause to be incorporated into any con- tract for construction work, or modification thereof, paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal , program involving such grant, contract, loan, insurance or guarantee, the provisions prescribed for Government contracts and Federally assisted construction contracts by Section 301 of Executive Order 10925, as amended; (2) It will assist and cooperate actively with the Department of Health, Education and Welfare and the President's Committee on Equal Employment Opportunity in obtaining the compliance of contractors and subcontractors with said contract provisions and with the rules, regulations, and relevant orders of the committee; (3) It will obtain and furnish to the Department of Health, Education and Welfare and to the Committee such information as they may require for the supervision of such compliance; (4) It will enforce the obligations of contractors and subcontractors under such provisions, rules, regulations and orders; (5) It will carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Committee or the Department of Health, Education and Welfare; (6) It will refrain from entering into any contract subject to this order or extension or other modification of such a contract with a contractor debarred from Government contracts and Federally assisted construction contracts under Part III, Subpart D of Executive Order 10925, or who has not demonstrated his eligibility for such contracts as provided in Part III of Executive Order 10925; and (7) In the event that he fails and refuses to comply with his under- takings, the applicant agrees that the Department of Health, Education and Welfare may cancel, terminate or suspend in whole or in part this grant (contract, loan, insurance, guarantee), may refrain from extending any further assistance under any of its programs subject to Executive Order 11114 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. PUBLIC LAI4 660 :PROJECT GUIDE This guide is prepared to give a brief resume of the documents used and the actions necessary to qualify for the Federal grant your community has been offered. Your Consulting Engineer has more detailed instructions and you will receive more details in future correspondence. All correspondence and documents for this project must be submitted in TRIPLICATE through your State Agency shown below. A copy of all correspondence to you from the State and Public Health Service will be sent to your Consulting Engineer. Arkansas Water Pollution Control Commission 921 West Markham, Little Rock, Arkansas Louisiana State Board of Health P. 0. Box 60630, New Orleans 60, Louisiana New Mexico Department of Public Health 408 Galisteo Street, Santa Fe, New Mexico Oklahoma State Department of Health 3400 North Eastern, Oklahoma City 5, Oklahoma Texas State Department of Health 1100 [Jest 49th Street, Austin 5, Texas You must take the following major actions to qualify for Federal funds: STEP 1 - Accept the grant offer and submit Part A, Offer and'Acceptance, (Form PHS 2690 -1). STEP 2 - Request a wage determination. STEP 3 - Submit plans and specifications for approval. STEP 4 - Complete Part B, Offer and Acceptance (Form PHS 2690 -2) and submit for approval. STEP 5 - Submit contracts and modifications. STEP 6 - Keep adequate records. STEP 7 - Request payment. STEP 1 - Accept the Grant Offer You have received•a grant offer on Form PHS 2690 -1, Part A, Offer and Acceptance of Federal Grant for Sewage Treatment Works. This offer will become valid only if accepted by the date specified in the offer. The original and two copies should be returned through the State. Attach copies of the resolution or minutes of your governing body which (1) shows acceptance of the conditions of the offer, (2) designates the person authorized to sign it, and (3) gives assurance that proper interest in all sites necessary for the project have been or will be secured. 'NOTE: STEPS SHOULD BE TAKEN TO SECURE ALL SITES, EASEMENTS AND RIGHTS -OF -WAY AS SOON AS POSSIBLE BECAUSE A "SITE CERTIFICATE ",CONTAINING THE INFORMATION IN THE ATTACHED SAMPLE, MUST BE SUBMITTED BEFORE ANY GRANT PAYMENT IS MADE ON YOUR PROJECT. STEP 2 - Request a Wage Determination g wage Your grant cffer is made subject to the prevailin requirements i g 4 of the Davis - Bacon Act. A determination of the prevailing wages in your area must be requested. This request will normally be made by your Consulting Engineer. The determination will establish the minimum wage rates that can be paid to laborers and mechanics working on your project. It must be made a part of all construction contracts and subcontracts. STEP 3 - Submit your Plans and Specifications for Approval Your construction plans and specifications must be approved by the State and the Public Health Service BEFORE YOU ADVERTISE THE PROJECT FOR BIDS. STEP 4 - Complete Part B of the Offer and Acceptance and Submit it for Approval Part B will be sent to you at the time you are authorized to advertise for bids. After bids are received, opened and analyzed, Part B must be completed and approved by the State and Public Health Service before the contract is awarded. The following must accompany Part B: a. A tabulation of all bids received; b. The proposal of the lowest responsible bidder; c. Your Consulting Engineer's written analysis of the bids and his recommendation for awarding the contract. DO NOT AWARD ANY CONSTRUCTION CONTRACT UNTIL AUTHORIZED TO DO SO BY THE PUBLIC HEALTH SERVICE; d. Site certificate, if available at this time, and if not previously submitted. (A site certificate is required before a grant pay- ment can be made.) STEP 5 - Submit Copies of Construction Contracts and their Modifications Executed or certified copies of each contract must be submitted. All contract modifications, addenda, change orders, and extra work orders must be submitted for approval of the State and Public Health Service. Changes which substantially alter the design or scope of the project, require approval prior tc construction, and all other changes should be submitted as soon as possibl:. i, STEP 6 • Keep Adequate Records Most of the records required are those normally maintained by any public body spending public funds. Some additional records will be necessary, however, for this program. When instructions for keeping these records are received, particular attention should be given to them because grant payments cannot be made until your records are complete. STEP 7 - Request Inspectiin and Grant Payment An inspecticn of your records and work under construction may be made at any t.me by the State and the Public Health Service. A payment inspection may be requested by letter any time after the project is at least 25% complete as shown by the engineering estimate. Intermediate payments will be based on construction completed and materials on hand at the time payment inspections are made. Final payments will be based on 30% of actual eligible project cost or the amount of the grant offer whichever is less. The amount of the grant can be increased only upon the written request of the authorized representative of the applicant and the approval of the State and Public Health Service. Ten percent of the grant funds due will be withheld until your books are audited by a Federal Auditor. You are reminded that this is a brief outline of grant procedures. More detailed information may be obtained from your State Agency. CG -16 A. SAMPLE ,CERTIFICATE e - 8 -7 -62 This is to certify that the City (see note) of has secured (except as described below) all the sites, easements and rights-of- way necessary for the construction, operation and maintenance of certain sewage treatment works described as project WPC- by the United r States Public Health Service and any deeds or documents required to be recorded in order to protect the title of the City have been duly recorded or filed for record wherever necessary. (Describe briefly the status and circumstances surrounding any sites, easements and rights -of -way which have NOT been i secured and recorded.) I • The City of has the right of eminent domain and will take condemnacion action, if necessary, to acquire the remaining right -of -way required for this project. EXECUTED this day of , 19_ (Signature) (Title) NOTE: This Sample Certificate is a suggested form only. The word "City" should be changed to reflect the legal name of the applicant. The certificate must be executed by an attorney or other official qualified to evaluate the city's interest in the site and,make such a determination. Exhi A FLOW ,0F DOCUTENTS FOR WATER POLLUTION C014TROL CONSTRUCTION GRRJTS PROGRAM - SEC. 6, P. L. 660 ORIGINATING jj PROCESSING O DLAiK O OFFICE OFFICE FORTS NO amg CAN RE M nr IMTTt. A PRIORITY IS ISS15D 13Y THF. STATE AENCY OFFER AND ACCEPTANCE PART A Resolution Aoeopting Offer .... ART A ,71ea PART B Co Sao t_LIE 2690 los - MATERIAL APPLICANT ENGINEER STATE AGENCY PUBLIC HEALTH SERVICE APPLICATION - Co a 6 Copies po Oae C Contracts fors PILS 265A ;pM.. (p in GJrle Ragineortng Sorvioo3.. ....... p g g Logal Servioe3 Co h 3 Co .es L..TTER pt pies Fisoel Sarvioes f "v 2 C Resolution Autborizing Signaturo NOTIFICATION TO AWARD CONTRACTS 0 im'1 Coy V— 2 C ies So EXECUTED OR CERTIFIED COPIES OF CONSTRUCTION CONTRACTS Preliminary Enginoaring Report., 2 0 Plat shoring Eligible Work...... CONTRACT MODIFICATIONS, ADDENDA, CHANGE ORDERS, EXTRA WORK ORDERS C.O. STATE PRIORITY CERTIFICATION AND PROJECT APPROVAL MONTHLY ESTIMATES (Partiolpating work nn,at be nlamd in a annarnte eootlo EST IIIATF.S PRIORITY 2 Co NO amg CAN RE M nr IMTTt. A PRIORITY IS ISS15D 13Y THF. STATE AENCY OFFER AND ACCEPTANCE PART A Resolution Aoeopting Offer .... ART A ,71ea PART B Co Sao t_LIE 2690 los '`''lJ 3 Co ioa 2 C WAGE DETERMINATION 3 FORM DB-11, LETTER OR TELEGRAM Co a h FORM DB.11 o Ea Oae C PLAYS A9D SPECIFICATIONS Engineering Design Figures .... hydraulic Gradient Through Plant Inoluding Bator Surface Elevations in Eaoh Unit ........ ;pM.. (p in GJrle ' oni ea. i1 p g g AUTHORIZATION TO ADVERTISE FOR BIDS AND PART B, OFFER AND ACCEPTANCE Pert B ................. Bid Tabulation ..••..•......... Bid Proposal ................... Attorney's Opinion Showing the City's Interest in SSto, Easomonts and Righto- of-Way , Engineer's Recoenondation as to the Lowest Rosponniblo Bidder... 1 I c.nv 3 Co .es L..TTER pt pies R Canfa f Conies 2 C NOTIFICATION TO AWARD CONTRACTS 0 im'1 Coy V— B Co So EXECUTED OR CERTIFIED COPIES OF CONSTRUCTION CONTRACTS COtJTRACTS� 2 0 lea CONTRACT MODIFICATIONS, ADDENDA, CHANGE ORDERS, EXTRA WORK ORDERS C.O. MONTHLY ESTIMATES (Partiolpating work nn,at be nlamd in a annarnte eootlo EST IIIATF.S 3 coy) as 2 Co Soa ' REQUEST FOR PAYMENT LETTER ,j:nnie■ 2 Co. ice PROJECT PROGRESS REPORT AND PAYN,T:fTT REQUEST -- L�.�7�— PfiS 2733 I A SECTt�, I • ASSU1ZA4CES , ' the Applicant hereby gives assurance to the Surgeon General a$ the Public Health Service: A. That actual construction work,will be performed '!,a lump sum (fixed price) or unit price contract method, that ada- quote methods of obtaining comp titiva bidding •, :H be employed prior to awarding the construction contract, and that the award of the controat will be mad° to the responsible bidder submitting the lowest acceptable bid; 3. That the pro;cct will not be advertised or placed an the market for bidding until the final plans and specifications have been apprc.,d by the Surgeon Genorol and the appropriate r State agency, and the Applicant has been so notified; C. That the conrtruction contract will require the contractor to furnish performance and payment bonds, the amount of which hall each b^ �n on amount not less iii fifty percentum (50'3) of the contract price, and to maintain during the life of the contract adequate fire, and extended coverage, workmen's compensation, public liability and property damage insurance; 0. That any ch ante ar changes In the contract which make anyy major alteration In the work required by the plans and spad- escations, or watch raise the cost of the project above t 1. latest osticiate approved by the Su ,eon General, wdl be sub- mitted to the Surgeon General for prior approvel; E. That the construction of the project, including the letting of contracts in connection therewith, shall conform to the applicable requirements of Stote, Territorial and local laws and crdinonces; F. That the construction contract will provide that the representatives of the Public Health Service and the State will have access to the work wherever it is in preparation or progress and that the contractor will provide proper facilities for such access and inspection; G. That rho Applicant will provide and maintain compctcnt and adequate engineering supervision and insp"ction at the proj- act to insure that the construction conforms with the ppproved plans and specifications; '1. That adequate accounting and fiscal records shall be maintained to reflect the receipt and expenditure of funds for the purpose of this project and all funds, however provided for the payment of the cost of the project, shall be credited, promptly upon receipt thereof, in a separate construction account or accounts and these funds shall be expended only for costs of the project; I. That the declorati ens, ass oacas r°pr°santations end statements made b the Applicant in the application, a d all documents, a� ,nd,,cnts and c —imuni cat ions filed with the Public •toalth Service by the Applicant in support of its re. quest for a grant, will be fulfilled; J. That the Applicant will submit to the Surgeon General such documents and information as he may require; K. That construction contracts in excess of $2,000: will p r escribe the minimum rates of pay for laborers and mechanics engaged ' the construction of the project as determined by the Secretary of Labor pursuant to Section 6(f) of the Ferlerol Water Pollution Control Act, (33 U.S.C. 466°) and in accordance with the Davis -Bacon Act, (40 U.S.C. 276n through a -5); hall contain the stipulations and provisions contained in Section 55.32 of the NIS Regulations (42 CFR, Part 55, Subpart u); and tl,at all construction contracts, regardless of amount, will require the Contractor to comply with the Regulations of the Secretary of Lobar made pursuant tothe Contract Work Hours Standards Act, (40 U.S.C. 327 at seq.), the Anti - Kickback Oct of June 13, 1934, (40 U.S.C. 276c), ono any amendments or modifications thereto, to cause appropriate provisions to he inserted in subcontracts to insure compliance therewith by all subcontractors subject there. to, and tab° responsible for the submission of statements recuired of subcontractors thereunder, ox c ept as the Secretary of Labor may specifically provide far reasonable limitations, variations, tolaraneos, and oxemptionsfrom the require- ments thrraof; L. That the Applicant will demonstrate to the satisfaction of the Surgeon General his ability to pay the remaining cost of the project; That the Applicant will demonstrate to the satisfaction of the Surgeon ;aneral that he has or will have a fee simple or such other estate or interest in the site of the project, including nocassary easements and rights -of -way, as the Surgeon General finds sufficient to assure undisturbed use and possession for the purposes of construction and operation for iho estiuwtad life of the project; and in the case of projects serving more than one municipality, that the participating communities h such interests or rights as the Surgeon �aneral finds sufficient to assure their undisturbed utilization of the project for the estimated life of the project. 11. The Applicant agrees to construct the project or cause it to be constructed to final completion in accordance with the opplication and plans and specifications approved by the Surgeon General. SECTION III ACCEPTANCE On behalf of CITY OF CORPUS CX=STI (Legal Name of Applicant) , I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY CF AM- 10r11ZAT10N BY THE APPLICANT'S *OVEPNING BODY, do hereby accept this offer and make the assur- ances contained therein. (Signature of 2aprescntativa) City Manager PHS- 2690 -1 (Page 3) ATTEST: ('' °me °ad Title of .: °?(jy �sn`cS- A�ypf(°i`LcUn9�L FO:Id THIS JAY Of REV.1 -63 OCTOBER, 1953: CITY SECRETARY CITY ATTORNEY I CORPUS CHRISTI, TEXAS CX DAY OF &-A , , 119_G3. 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 RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO Ali- W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON ^��p M. P. MALDONADO e W. J. ROBERTS W. H. WALLACE, JR. °°�� I "- r V01-.z;.23 PAGE THE STATE OF TEXAS COUNTY OF NUECES RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: WHEREAS, BY VIRTUE OF AN ORDINANCEOF THE CITY OF CORPUS CHRISTI, TEXAS, DULY ENACTED BY THE CITY COUNCIL ON THE 9TH DAY OF OCTOBER, 1963, AND A NOTICE OF SAID DATE FILED ON SAID 9TH DAY OF OCTOBER, 1963, IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, THERE WAS COMMENCED A PROCEEDING FOR THE LEVYING OF AN ASSESSMENT FOR THE STREET IMPROVEMENTS ON ABUTTING PROPERTY AND THE OWNERS THEREOF ON NORTH STAPLES STREET FROM KINNEY STREET TO INTERSTATE HIGHWAY NO. 37, ALL OF WHICH IS SET FORTH IN ORDINANCE NO. 7041 OF SAID DATE; AND WHEREAS, IT HAS BEEN DETERMINED BY THE CITY COUNCIL THAT SAID PROPOSED ASSESSMENT FOR SAID STREET IMPROVEMENTS WILL NOT AT THIS TIME BE MADE AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF: NOW, THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, FOR AND IN CONSIDERATION OF THE PREMISES DOES HEREBY RELEASE SAID ABUTTING PROPERTY AND THE OWNERS THEREOF ABUTTING ON NORTH STAPLES STREET FROM KINNEY STREET TO INTERSTATE HIGHWAY No. 37 AS SET FORTH IN ORDINANCE NO. 7041, FROM ALL LIENS ARISING BY VIRTUE OF THE FILING OF THE NOTICE OF SAID PROPOSED ASSESSMENT CREATED BY THE ADOPTION OF SAID ORDINANCE NO. 7041 AND THE NOTICE OF THE CITY SECRETARY FILED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, ON OCTOBER 9, 1963, AND SAID PROPERTIES AND THE OWNERS THEREOF ARE HEREBY DECLARED DISCHARGED FROM THE ASSESSMENT BY VIRTUE OF SAID NOTICE. ATTEST: f CITY $EGRET APPROVED AST RY LEGAL FORM THIS THE �3]/1 /jDAA�Y OFD JANUARY, 1964: 1( \�7� \ CITY AT_TORNEY THE CITY OF CORPUS CHRISTI, E AS BY� A HERBERT W. WHI TN I T I SI MPERATIVE THAT THIS INSTRUMENT BE RECORDED IN THE NUECES COUNTY DEED RECORDS IN ORDER TO REFLECT THE RE- LEASE OF THE LIEN. ,-6/4/57 THE STATE OF TEXAS 1 VOL1028 PAGE .39 COUNTY OF NUECES i BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WHITNEY , CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOW- LEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE .23 DAY OF JANUARY ,19 64 e "! NOTARY PUBLIC IN AND FOR NUECES COUNTY, �i -Liz TEXAS MnS. DORIS FRANCIS Notary Public, in and for Nueces County, Texas t ThE STATE OF TEXAS) 1, MRS. HEN3Y E. GOUGER COUNTY OF NUECES ) Clerk of the County Court in and for said County, do hereby Certify that the foregoing instrument dated the — day of _..--.- -. ;9 . _- with the cortificate of authenti on was fdcd for record in my office the _ _ day of a^-- 19 L. at.-/ o'clock and duly ed the .�-,'L "day q 19 6. at o clock ..M, Co ty, in Vol :�c8.__on pages._3�. —�i` Witness my hand and seal of lha County Court of said County at office En Corpua Christi, Tez ®, the day and year last above written, MRS. HENRY E. GOUGER 00LJNy CLERK NUECES COUNTY, D f t THE STATE OF TEXAS I N O T I C E COUNTY OF NUECES I KNOW ALL MEN BY THESE PRESENTS: That the City_of- Corpus Christi, Texas, - acting . by - its duly w -and-through _ G elected and constituted City Council on the day of , 1963, by Ordinance No. '10 f O 0 determined the necessity for and ordered the improvements of a portion of North Staples Street within the City of Corpus Christi herein described as follows: North Staples Street from the South boundary line of Interstate Highway 37 to the North boundary line of Kinney Street, within the city limits of the City of Corpus Christi, Texas, said street, within the limits above described, to be improved by raising, grading, filling, widening, paving, repaving or repairing same and by the construction, reconstruction „ repairing or realigning concrete sidewalks, curbs, gutters and driveways where the Director of Public Works determines adequate sidewalks, curbs, gutters and driveways are not now installed on proper grade and line, and by constructing such storm sewers and drains, together with all other necessary incidentals and appurtenances, all as deemed adequate by the Director of Public Works and as provided for in the plans and specifications for such improvements thereof as prepared by said Director of Public Works. That said Ordinance No. 70 7c) passed by the City Council on the day of l/C.Ce -U Y , 1963, provided that the amounts payable by the real r.� and true owners of said abutting property shall be paid and become payable in one of the following methods at the option of the property owner: 1. All in cash within 20 days after the completion of acceptance by J the City; or, - 2. Twenty per cent (20%) cash within twenty days after the completion of said work and its acceptance by the City, and 20% respectively ,dn,'or before one year, two years, three years and four years after the completion of said work and its acceptance by the City, with interest from day of such completion and acceptance by the City until paid at the rate of 5% per annum; or, 0 VOLI017 m3'18 3. Payments to be made in maximum of sixty (60) equal installments, the first of which shall be paid within twenty (20) days after the completion of said improvement, and the acceptance thereof by the City, and the balance to be paid in fifty -nine (59) or less equal consecutive monthly installments commencing on the 1st day of the next succeeding month and continuing there- after on the 1st day of each succeeding month until the entire sum is paid in L full, together with interest from'the date of said completion and acceptance by the City, until paid, at the rate of five (5) per cent per annum; provided, however, that the owners of said property availing themselves of option "2" or "3" above shall have the privilege of paying one, or allf of such installments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued, to the date of payment. And said Ordinance further provided that the amounts payable by the abutting property, and the real and true owners thereof, to be assessed against aaid,property and said true owners thereof shall constitute a first and prior lien on such abutting property and a personal liability of the real and true owners thereof. THEREFORE, the City of Corpus Christi, Texas, has caused this notice to be filed by T. Ray Kring, City Secretary, and the official seal of said City to be hereto affixed this the ( --day of A. D., 1963. a CITY OF C//ORPU__S ^^CHRISTI, TEXAS (j,�City Secretary THE STATE OF TEXAS COUNTY OF NUECES I s WIDS F2AWIs�AC tore me, the undersigned authority, on this day personally appeared $. Ray ,�, city Secretary of the City of Corpus Christi, Texas, kngwn V me to be the person whose name is subscribed to the foregoing instrument as y cretary of the C� of Corpus Christi, Texas, and acknowledged to me that he signed the same in• capacity as such City Secretary for the purposes and consideration ther� in'4xpressed, and as the act and deed of said City of Corpus Christi. Given under my hand and seal of office this the ` day of A. D., 1963. • y;- C' .° 'M#.oEtON SC',MEINER . {': % "vytier!`PUhVc r#t.542mVd - 0 -1y,2� Not Irr -Y-Vdiaic, Nu ices County, Texas 635711 - RHO Gp //cc C�K�'�E FILED F1 R ; ELF 113 M , y kJECES CC'L;, ,, IGAAS is ;3_C "?' 9 F i 3 56 MRS. Hc' 'RY F. GC Z OITY rl �6L 4WY x. {e a F' •T .k �1 51 • e .r THE STATE OF TEXAS COUNTY OF NUECES. 1, Mrs. Henry E. Gouger, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument ------------ -- - - - - --------- -- -- - -- - -----------_--_ - ---- -------- Dated this_........... '? - day of---- -. -- -----------_ -------- - ----- - --- ------- 19 with its certificate of authentication, was filed for record in my office the __ . ?. _ .- - day of 19 at­3 _;--5__6__o'clock M., and duly recorded the _Z� day of .......... . dQ . .. ............. 19 ----------- - - ato'clock M., in.---- --------------- _ZD 1 -------------------------------------- --- ---- __- - --- ---- --- Record of said County, in Vol_ on Pager . /8...---- ---- ...... ..- --- °- -----.. Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, the day and year last above written. Mrs. Henry E. Gouger, B ---- ---------- ---- Deputy County Clerk, Nueces County. 1�� — ------------------- ------ THE STATE OF TEXAS COUNTY OF NUECES. 1, Mrs. Henry E. Gouger, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument ---------------- ---------------- - - --- --------- -- ------ ....................... ...... ..... ----- ------ Dated this......... -- J.. � -- -- --- -.. -- day of - - ------ --- — 1 19.P, with its certificate of authentication, was filed for record in my office the P. day of_ ____ __ _ _____ _ _1? - --- 19 4 , at —?."� !--o'clock M., cqid duly recorded the ---./-�--day of....... --_----m - c-:2'7 -­ ----- -------- at o'clock -- --j&I M•• in ------------------- - --------- . ...... ...Record of said County, in Vol— -/-II l7 — on Pages --32 y---------- -- --- --- -- -------------- - - - --- --- Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, 01-1 the day and year last above written. P Mrs. Henry E. Gouger, By,5�2 Deputy County Clerk, Nueces County.