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HomeMy WebLinkAbout09783 ORD - 06/03/1970JKH:6 -3 -70 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH JOHN W. CUNNINGHAM FOR CONSULTANT SERVICES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH JOHN W. CUNNINGHAM FOR CONSULTANT SERVICES, ALL AS 15 MORE FULLY SET OUT IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. SECTION 2. THE NECESSITY TO PROMPTLY EXECUTE THE HEREINABOVE DESCRIBED CONTRACT IN ORDER TO REDUCE TO WRITING THE AGREEMENT BETWEEN THE PARTIES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE &kk DAY OF JUNE, 1970. ATTEST: 171-vo C TY SE R TAR APPROVED: 314 DAY OF JUNE, 1970: 1,o,� �I r . ,,ACTING CITY A f NEY 71THE CITY OF CORPUS CHRISTI, TEXAS 9783 CONTRACT FOR PERSONAL SERVICES THE STATE OF TEXAS Q COUNTY OF NUECES 0 KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED "CITY", AND JOHN W. CUNNINGHAM AGREE AS FOLLOWS: I THE CITY AGREES TO ENGAGE JOHN W. CUNNINGHAM TO PERFORM CERTAIN PERSONAL SERVICES FOR THE WATER PRODUCTION SUPERINTENDENT, INCLUDING CONSULTATIONS FOR THE FOLLOWING PURPOSES: ' 1. TO PROVIDE DAILY CONSULTING SERVICE TO THE PRODUCTION SUPERINTENDENT FOR THE FOLLOWING ITEMS: A. POLLUTION CONTROL OF LAKE CORPUS CHRISTI AND THE NUECES RIVER, B. THE OPERATING ROUTINE AROUND LAKE CORPUS CHRISTI AS TO THE CITY'S RELATION WITH VARIOUS AGENCIES OPERATING ON THE LAKE AND LEASES SUCH AS THE CAMPFIRE GIRLS, GIRL SCOUTS, BOY SCOUTS, STATE PARK SERVICE, STATE GAME AND FISH COMMISSION AND THE AUDUBON SOCIETY, C. THE OPERATING AND MAINTENANCE ROUTINE OF THE TREAT- MENT PLANTS AND IN -TOWN RESERVOIRS, AND D. CHEMICAL TREATMENT AND LABORATORY TESTING ADVICE IN PLANT OPERATION WHEN REQUIRED. Z. TO PROVIDE THE CITY WITH HISTORICAL DATA NECESSARY FOR MATTERS IN LITIGATION AND FOR PLANNING FOR FUTURE PLANT CONSTRUCTION. 3. TO FURNISH HIS OWN TRANSPORTATION TO AND FROM THE PLANTS AND THE CITY TO PROVIDE VEHICLE-AND DRIVER WHEN NECESSARY FOR FIELD TRIPS. II THE SERVICES HEREBY CONTEMPLATED SHALL BE PERFORMED COMMENCING JULY 1, 19701 SUBJECT TO TERMINATION BY EITHER PARTY AFTER THIRTY DAYS' WRITTEN NOTICE, AND TERMINATING IN ANY EVENT ON JUNE 30, 1971• SERVICES ARE TO BE PERFORMED MONTHLY AND THE FOREGOING LIST OF AREAS OF CONSULTATION IS NOT TO BE CONSTRUED AS EXCLUSIVE. PAYMENT FOR SERVICES RENDERED WILL BE AT THE RATE OF THREE HUNDRED DOLLARS ($300.00) FOR ALL OR ANY PART OF A CALENDAR MONTH DURING WHICH ANY SERVICES COVERED HEREUNDER ARE RENDERED BY JOHN W. CUNNINGHAM TO THE CITY. K THE CITY WILL MAKE PAYMENT MONTHLY FOR SERVICES PERFORMED DURING THE PRECEDING MONTH WITHIN NOT MORE THAN FIFTEEN (15) DAYS AFTER THE END OF SUCH MONTH. IV ALL AGREEMENTS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER HEREOF ARE MERGED IN THIS INSTRUMENT. WITNESS OUR HANDS IN DUPLICATE ORIGINALS THIS THE DAY OF JUNE, 1970- ATTEST: CITY SECRETARY APPRQVED: DAY OF JUNE, 1970: A oRNEY CITY OF CORPUS CHRISTI, TEXAS BY R. MARVIN TOWNSEND CITY MANAGER JOHN W. CUNNINGHAM Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 1 - 'OR _ THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the o Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ',Wrangler" Roberts r Ronnie Sizemore