The URL can be used to link to this page

Home My WebLink About01707 ORD - 08/11/1944HT /oa fa /1o/!,4 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY of CORPUS CHRISTI, TEXAS, TO PROCEED IN CAUSE NO. 27880 -C BY DISMISSING THE SAIEE UPON CERTAIN CONDITIONS BEING FULFILLED; PROVIDING THAT CERTAIN WORK IN PINED& PARK SNAIL BE ACCEPTED BY THE CITY AS PERFORMANCE OFF CONTRACT SUED ON IN CAUSE NO. 27880 -C, DIRECTING THE CITY ENGINEER TO SUPERVISE SAID WORK AND TO CERTIFY THE COMPLETION OF THE SAME TO THE CITY ATTORNEY; PROVIDING THAT THE CITY OF CORPUS CHRISTI 3HAIL NOT BE IN ANY EVENT LIABLE ON A CERTAIN CONTRACT BETWEEN HELDENFEIS BROS. AND DEFENSE HOMES CORPORATION; AND DECLARING AN EMERGENCY. WHEREAS, there ie now pending in the 94th District Court of+NUeoea County, Texas. Cause No, 27800.0 wherein the City of Corpus Christi is plaintiff and Defense Holies Corporation is defendant, said suit being for the specific performance of an alleged oontract in regard to the paving of streets in what is known as Pineda Park, s subdivision in the City of Corpus Christi, Texas, put in by said Defense HomeaCorporation; and there have been negotiations between plaintiff and defendant in regard to the settlement of said suit; and WHEREAS, on June 25. 1944, Heldeafela Brothers, General Con- tractors, of Corpus Christi and Rockport. Texas, did submit a pro- posal to the said Defense HomeaCorporation for the repair and re- aurfaoing of all streets in Pineda Park Addition, said proposal being in the total amount of $27.354.00 which said proposal sets out the specification for such repair and resurfacing and which is attached hereto, and the said proposal has been accepted by Defense Hosea Cor- poration and a contract has been entered into between Defense Homes Corporation and Heldenfela Brothers on the basin of said proposal; and, WHEREAS, Defense HomesCorporation is desirous that the City of Corpus Christi shall expreea its official position in regard to said matter; therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEEhBI SECTION 1. That the City Attorney of the City of Corpus Christi, Texas, be, and he is hereby directed to proceed with said cause No. 27880•C. wherein the City of Corpus Christi in plaintiff and Defence HomeeCorporation is defendant. and that he shall request the Judge of the 94th Dietriot Court to make no setting of said cause at this time and upon the final completion by Heldenfele Brothers of their said contract with Defense Homes Corporation and the certification by the City Engineer of the City of Corpse Christi, Texas, that such work has been done in accordance with eaid contract, the said City Attorney shall dismiss said suit at the cost`of the City of Corpus Christi. Texas, and furnish a copy of said order of dismissal to H. M. Colvin, Secretary and Corporation Counsel of Defense Homes Corporation. SECTION 2. That upon the repair and resurfacing of said streete in Pineda Park in accordance with said proposal and contract by Heldenfels Bros. and acceptance and approval of such work by the City Engineer, the same shall be accepted by the City of Corpus Christi, Texas, as being in full and complete performance of the contract sued on in said Cause No. 27880.0. SECTION 3. That the City Engineer of the City of Corpus Christi, Texas. shall supervise the work done by Heldenfels Brothers under the said contract. based on their said proposal and see that such work is properly done, said supervision to be at no cost to Defense Homes Corporation, and upon completion of said work by Heldenfels Brothers in accordance with the said contract and said proposal, the name shall be accepted by the City Engineer and he shall certify to the City Attorney that said work has been done in accordance with said contract and proposal, and the said City Attorney shall thereupon dismiss the said suit se provided in Section 1. hereof. SECTION 4. The City of Corpus Christi, Texas, by the passage of this resolution, does not accept any liability for the payment of the said Heldenfels Brothers for the performance of said contract tinder their said proposal, and is bound by this resolution only in the event the said Heldenfele Brothers shall perform their said contract in strict a000rdanoe with its terms and the proposal and specifications attached hereto to the satisfaction of the City Engineer. SECTION 5. The fact that it is necessary that work be started immediately upon the streets of Pineda Park and Defense Houses Cor- poration is desirous that such work be done at once and that such streets are in bad need of repair creates a public necessity and imperative public emergency requiring the suspension of the Charter rule or requirement that no Ordinance or Resolution shell 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, and the Mayor having declared that such public emergency and imperative necessity exist, 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 its passage, IT IS ACCORDINGLY, SO RESOLVED. PASSED and APPROVED this the L day of August. 19L4. 04 Pro. Tem. City of Corpus Christi. Texas ATTEST: Bare ary APPROVED AS TO LEGAL Corpus Christi, Texas To THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Corpus Christie Texas Gentlement For the reasons set forth in the emergency clause of the foregoing resolution, a public emergency and an imperative necessity exist for the suspension of the Charter rule or require- ment 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 request 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 OR.�,City o A %eoi Te xa s. The Charter rule was suspended by following votes A. C. McCaughan Jos. Mireur Ed. P. Williams D. A. Segrest B. G. Moffett The above resolution was passed by the lowing voter A. C. McCaughan Jos. Mireur Ed. P. Williams D. A. Segrest B. G. Moffett SQL Defense Domes Corporation Washington, D. 0. to Christi Texas June 23 1944 We are pleased to submit the following proposal for repsir and resurfacing of all streets in Pineda Park addition, Corpus Christi, Texas. Tarlton Street Remove mud from all places where base has been out through to sabgrade, scarify all of existing base,' add approximately 3 inches loose thickness 'of new call. -, blade, water, roll and reshape the -. entire - base;, apply double bituminous asphalt surface treatment at the rate of .7 gallons OA 135.aisphalt_Per .square yaar d, and apply aggregate at the rate. of 1 :75 on bottom course and 1:150 on top course, in -accordance with Item 305 Texas Highway Department Specification for lump sum price of- 5080.00 Churchill Street -...: iemov'e mold f om 11 places where base .has been eut, through to subgrade, scarify all existing base, add approximately 3 inches loose thickness of new caliche, blade, water, roll and reshape the entire base; apply double bituminous asphalt sur- face treatment at the rate of .7 gallons OA 135 asphalt per square yard, and apply aggregate at the rate of 1:75 on bottom course and 1 :150 on top course, in accordance with Item 305 Texas Highway Department Specification for lump sum price of- 6394..00 Trenton Drive,, Hawthorne Drive, Shely Street, Cornwall Street,_Timrod Drive, Elizabeth Street, Whiting Drive, Remove mud and defective base material from all places where base failures have oceured for a depth of 6 inches and replace with 6 inches compacted new caliche, patch all pot holes with premixed limestone rock asphalt, and apply single -S- bituminous surface treatment to entire surface of all streets at the rate of .4 gallons OA 135 asphalt per square yard and apply aggregate at the rate of 1:80 in accordance with Item 304 Texas Highway Department Specification for lump sum price of- $15,880.00 We have made a very close survey of the condition of the streets in this addition and we believe that the work con- templated is the minimum necessary to place these streets in a satisfactory condition whereby they will be accepted by the City of Corpus Christi, Texas. We wish to with hold the right to withdraw this office if not accepted within thirty days from date. We will be glad to furnish any further information that you might desire in regard to the work contemplated. We are in a position to start this work within ten days after receiving a contract and can complete same in 60 calendar days. Respectfully submitted, HELDE1vFELS BROTHERS BY /p/ F. W. Heldenfels, Jr. F. W. Heldenfels, Jr. FWHJr /1b