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HomeMy WebLinkAbout0790 ORD - 11/30/1937 AN ORDINANCE PROVIDING FOR THE ACCEPTANCE BY THE CITY OF CORPUS CHRISTI OF ALL WORK DONE AND PERFORMED BY THE IdcKENZIE CON- STRUCTION COMPANY, UNDER PUBLIC WORKS AD- MINISTRATION PROJECT NO. 8864, AND THE CONTRACT BETWEEN THE SAID CITY OF CORPUS CHRISTI AND McKENZIE CONSTRTJCTION COMPANY, AND WAIVING ,ALL.LIQUIDATED DAMAGES ARISING UNDER SAID CONTRACT, AND PROVIDING FOR THE PAYMENT TO THE McKENZIE CONSTRUCTION COM- PANY OF ALL SUMS OF MONEY DUE UNDER SAID CONTRACT AS RECEIVED FROM THE GOVERNMENT, AND DECLARING AN EMERGENCY. WHEREAS, in that certain contract designated as "PUBLIC WORKS ADMINISTRATION PROJECT NO. 8864, Eng. Ref. No. 909, CITY OF CORPUS CIHRISTI, TEXAS SEWAGE TREATMENT PLANT AND SEWER EXTENSIONS", by and between the City of Corpus Christi and McKenzie Construction Company, the said McKenzie Construction Company has fully and finally compl"oted, in accord- ance with the said contract and the accompanying plans and specifications, and to the satis- faction of the Engineers, all work therein described and specified; and WHEREAS, the Engineers have made final inspection on such work, as well as such additional work, which has been required during the progress of the contract, after notifica- tion by the said Contractor, and the said Engineers have upon such inspection recommended to the City of Corpus Christi the acceptance of the said work; and WHEREAS, the said City has verbal authorization from the State Engineer for the P. V. A. to accept the said work, as provided in the specifications; and WHEREAS, the City of Corpus Christi is now operating and using the said sewage plant and the said sewer extensions, and has full control of all the extensions tlzat.have been completed; and WHEREAS,, the City has with the approval and authorization of the Engineers and the said State Engineer for the P. W. A. agreed to complete such additional work as may be re- quired on the digester roofs, which said work had heretofore been duly and properly con- structed and completed, according to plans and specifications, by the contractor;"and WHEREAS, The City has also agreed to repair, replace or rehabilitate the ten inch force main across the Ship Channel from Pump Station A, which is designated as Item No. 6 in the Proposal, but which had been constructed and completed in strict accordance with the plans and specifications, and was in use by the City of Corpus Christi, when damaged and displaced by thir parties, through no fault of the contractor, on the 8th day of November, (30 1937; and WHEREAS, it is deemed to the best interest of the City of Corpus Christi that the said work now completed should be accepted and paid for, in accordance with the terms of the original contract: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That all work described in said contract between the City of Cor- pus Christi and said McKenzie Construction Company aforesaid, ,be, and the same is hereby accepted as having been performed in full and complete satisfaction, and in accordance with the terms of said contract. • SECTION 2: That All liquidated damages claimed by the Cite of Corpus Christi against the McKenzie Construction Company, under Article 24 of General Conditions of Speci- fications in Contract Documents are hereby waived. Provided, however, that the sum of Four Hundred ($400.00) Dollars per month to pay the expense of engineering supervision after the specified time of completion, as provided in Article. 16 of the General Conditions, is excepte from this waiver. SECTION 3: That upon approval by the State Engineer for the P. W. A. of the acceptance provided in said contract documents, there shall be forthwith paid to the said McKenzie Construction Company, as having been earned, in accordance with said contract, all monies now on hand or available to the said City of Corpus Christi, under and in pursuance of said contract and loan and grant from the said P. W. A., and that the balance due on the contract price be paid as soon as funds shall have been received by the said City from the said P. W. A. under the loan and grant agreement on the aforesaid project. SECTION 4: That the fact that the City Council deems it of great public im- portance to immediately take charge of the Sewage Plant and Sewer Lines completed and oper- ate them for the benefit of the public creates a public emergency and a public imperative necessity, requiring the suspension of the Charter rule, providing that no ordinance or re- solution shall be passed finally on the day it is introduced, and that such ordinance or resolution shall be read at three city meetings of the City Council, aa.nd the Mayor having declared that such public emergency and public necessity exists, and having requested that said charter rule be suspended, and that this resolution take effect and be in full force and effect from and after its passage, IT IS SO ORDAINED. PASSED this 30th day of November, 1937. APPROVED this 30th day of November, 1937. Sgd. A. C. McCaughan, Mayor, City of Corpus Christi, Texas ATTEST: Sgd. T. R. Kring City Secretary. Corpus Christi, Texas November 30, 1937 To the Members of the City Council of the City of Corpus Christi: Gentlemen: For the reasons set forth in the emergency clause of the foregoing attached Resolution, a public emergency and an imperative public necessity exists 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 several meetings of the City Council, I, therefore, hereby requBst that you suspend said Charter Rule or Requirement and pass this Resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Sc'd. A. CMcCaughan Mdvor, Cift of Cornus Christi. Texas 31. The Charter Rule was suspended by the following vote: A. C. McCaughan Aye C. 0. Watson Absent Joseph Itiireur Aye Thos. R. McGee Aye D. A. Segrest Aye The Resolution was passed by the following vote: A. C. McCaughan Aye C. 0. Watson Absent Joseph Mireur Aye Thos. R. McGee Aye D. A. Segrest Aye