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HomeMy WebLinkAbout01784 ORD - 03/15/1945HT/ba 3-15-45 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE AN INSTRUMENT CIAARIFYING AND AMENDING THAT CERTAIN CONTRACT ENTERED INTO BETWEEN THE CITY. OF CORPUS CHRISTI AND GEORGE G. WRENBORG COMPANY,. DATED FEHRIIApr 1, 1945; AND DECIAMG AN EMERGENCY. WHSBEAS, on February 1, 1945, the City of Corpus Christi and George G. Ehremborg Company, Appraisal Engineers, of Dallas, Texaa, did make and enter into a oertain contract providing that the said George G. Ehrenborg Company, would render services to the City in evaluating real property for taxation purposes within that territory newly annexed to said City, the execution of said contract being authorised by Ordinance No. 1780, passed and approved by the City Council of the City of Corpus Christi on February 1, 1945; and WHEREAS, the said contract as so drawn did not clearly express the agreement of said parties# and the said parties thereto are de- eirous that the agreements of the said parties be moA clearly stated in order that there my be no disagreement in the future as to the meaning of said contract, and have agreed upon the amendment and clarification of said coutraots NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TET$S: SECTION 1. That the Mayor and City Controller of the City of Gbrpus Christi bea end they am hereby. authorised and directed to execute an instrument which will clarify and make more plain the intention of the parties in the said original contract made and entered into on February 1, 1945, between the City of Corpus Christi and George 1 G. Ehrenborg Company, Appraisal Engineers of Dallas, Texas, a copy of said instrument being merle a part hereof and reading as follows, to -wit: TWA ST►TI OF TUAS } ]FR=". no February 1. 1945. the City of Corpus Christi, Texas, and George G. Shresborg Company. appraisal Engineers of Dallas, Texas, did make and enter into a contract, said contract being authorised by Ordiva!*s 1780. passed and approved by the City Council of Corpus Christi, Texas, on February 1, 19L5, the said contract providing that the said George G. Ehrenbarg Company would render services to the said City in evalueting real property for taxation purposos within territory newly annexed to the said City; and WMMU, the said contract as so drawn did not clearly express the agreements of the said parties, and the parties Hereto are desirous that the agreements of the said parties be sot out in full and more clearly stated in order that these say be no disagreamant in the future AS to the meacing of said contract, and both parties desirs that the said contract shall be so amended that them shall be no question as to the intentions of the partiee and the agreements contained in said contract, and that the said oontraet as -dad and clarified shall he the true contract of the said parties: Yh'ShWk M-3. IT 13 AGAeM by the parties hereto that the said _ contract of February 1. 1945, shall be amended and clarified as here - iasftsr set out and that the following provisions shall apply and control in the interpretation of said contract and that the said pro- visions more clearly express the intentions and agreements of the parties than the said contract did as originally written, and that the said written contract together with the following amendments and elarifica- times will clearly express the true agreement of the said parties& 1. I2 I8 AGHEW that the said contract should be so amended and ¢liri.fied so that the portion of the sane on Page One* after the word "h►IMSSETSa shall read as follows girnss�aaag IT IS AMRBD by the parties hereto that Party of the First Park shall furnish the Patty of the Sseond Port the following services in the methods of Realty Valuation for Taxation Purpetes of all lots And parcels of land and all isprovasents on the following described Undo in Musces County raoaa, to-wits (a) All of the territory newly annexed to the City of Corpus Christi, Texas. except that portion included within the boundaries of the Nueces County Water Improvement District Po. One (1). (b) All of the territory needy annexed to the City of Corpus Christi, Tomas, that is included within the boundaries of tL- Nuecas County water laprovesent District No. one (1). It is agreed that this contract is separable in its parts., and that the ag te in regard to the said territories (a) and (b) shall be separate std distinct, but that all of the portions of this oontract in regard to the type of work dome, method of procoeding. and in particular the provisions of 1. ft!!, 2. Lead, 3. &silding and Improvements, 4. Exempt lands, 5. Public Utilities, Industrial Plata, and 6. General shall apply to each of said part.. It is understood and agreed that Party of the First Part shall first proceed with the cork to be done under Section (a) above and shall proceed to the completion of the ease before beginning the cork provided under Section (b) show. It is further understood and, agreed by the parties hereto that the ■ark provided for in Section (b) will not start until the case now pending in the 28th District Court. Nueoas County. Tens. No. 29637 -A, being entitled State of Texas ex rel G. W. Wilkinson vs. A. C. McCaughan at al, is decided unless agreed upon by the parties that it shall proceed sooner, but in no event shall Party of the First Part proceed upon such work prior to May 1. 1945. It is further understood and agreed that in the event the annexation of that portion of territory provided In Section (b) above shall be bald to be illegal, either in the lower Court or in the Courts - 2 - of Appeal, that it shad be optional with party et the 0seeed Part whether it shall direct Party of the First Part to Proorwd to reacher serviawe is regard to the territory described in 8eotion (b) aban. and should party of the Second part ogerciss its o Ption and direct Party of the pint Part not to proesed on each work. than perry of the First part abs" not Proceed with Ouch work and no anom shall be due and Payable to Party of the First Part for any work done in regard to the territory described in Section (b). It is agreed by the parties that the sum to be Paid Part, of the First Part under this contract shall be as follows, (1) For the work in regard to the territory described in Secton (a) above there shop be paid the seffi of Five Thousand pive H,mda'ed Dollars ($5,5oo -P0}- which aball be paid as provided is Seetioz, 7 hereof. (2) For the work 1A regard to the territory described is Section (b) sbors there shall be paid the eau of Three Thousand Dollars (43,CCC.0o). which shall be paid as PrQyided in Section hereof. 11. IT IS AGREsD that the said contract $ball oe so awendod and clarified so that Section 7. entitled "Delivery and Poo" shall read hereafter as follows, 7. Delivery and Face (A) The Party Of the First Part agrees to complete the services described herein with resPeot to the territory described in Section (a) of the Paragraph i=adiately followinr EITWESETH Within Cme Hundred (100) days after the sic g of this agreement, subject to the eatisfaotion Of and accaPtatee by the lfsycr and City Council of the City of Corpus Christi, Texas, and the sum that shall be due and Payable Party of the First Part for said work shall be the sum of Five Thousand Five Hundrad Dollars ($5,500.00), Payable as follows, - 3 - Ow Tlwneand Dollars ($1,CTQ(i.04) Fif'tosa (15) 4" after iwg or the work. v v P A Thirty (30) .lays ~ starting °'N JJ`"'''o'rrI tthe work. Forty -Five (45) days after start- ing or the work. A A A e Sixty (60) days after starting . of the work. end One Thousand Dollars ($1.000.00) payabla an the 00-Pletica of the sort mad acceptance of the report by the 1Ypar and City Camiaii. and the final balance of Five }Inndred Dollars (45M.00) upem the conclusion or the hearing before the Hoard of Equalisation. It is agreed that ParW� of the Second Part may apportion the six (6) days provided here - - laafter that Party of the First Part is to sit with the Hoard of Squel- isation between the various parts of thin contract, using said six (6) days for the land described in Section (a) of the paragraph iaadiately fallowing ITUS • or may apportion it to the lands in Section (b) or divide it in any manner It say so desire. (B) The Party of the First part &grace to complete the services described herein with respect to the territory described in Section (b) iWWdiately following InUuMM within Elea Asadrod (100) days after being notified by Party or the Second Part to begin such work, subject to the satisfaction of and acceptance by the Mayor end City Council. It is understood that the amounts provided to be paid heroiatfter are dependent &pas Party of the Second Part exorcising its option to require the services of Party of the First Part to do such so rk, and is the event such option is ararcieed by Party of the Second Part, than the am that shall be due gad payable Party of the First part for said work shall be the mm or Throe llsousend Dollars (f3,00o.00), payable to follows Seven Hundred Fifty Dollars ($750.00) Fifteen (15) days after the start- ing of the work. a P A A A arty (39) do" after the starting of the work. One fta"and Dollars ($1.000.00) PKrUle on the cosl+letiou of the work, and acceptance of the report by the Mayor end City.Camail, and the final balance of Five ,Hundred Dollars ($500.Do) shall be paid upon the conclusion of the hearing before the Beard of Bgaalisation in regard to such work. - 4 - III. it is furbbor agreed and understood that except u clarified heroin the said contract in all of its game sbail remain as first wittsa• and that tbie ag®ecmat is merely a alsrification of the sriginel contract and is not a now oontraat butoaen the Parties hereto. MUM THE HWM (F = PARTOS HMM this day of Larch. A. D.. -1945. re APPWW AS TO TAWL F®ffi. Er am OF COBPOS GMWI. 76YAs By6 county of &vanes. Tease. cOPilT1 IGNMI Sys My CURMEFamw �c8G8 G. ffiMUMGSG CWADY appraisal Dyi rs Goystraction Building Dallas 3, Texas. — 5 — SECTION 2. The fact that certain territory has been recently annexed to the City of Corpus Christi, and that it is to the benefit and welfare of the City of Corpus Christi and the oitiaens thereof that such properly be evaluated immediately in order that the same may be properly Placed upon the tax rolls of the City, end the further fact that it is necessary that said original contract hereinbefore referred to be made more clear in regard to the intention, and agree- ments of the parties, create a public emergency and imperative pnblie necessity requiring the enepension of the Charter rule, requiring that no Ordinance or Resolution shall be passed finally on the date it is introduasd, mid that such Ordinance or Resolution shall be read at three several meetings of the City Council, and the Veyor having declared, in vriting, that cash public emergency and imperative neces- sity exist, and having requested that such oharter role be suspended, and that this Ordinance be passed finally on the date of its introduc- tion. and tale effect and be in fall force and effect from and after Its passage. IT IS, AOCOIDIMM, so asnA . PASSED AM APPRaM this 15th day of March, A. D., 1945. IWOR& City- of Corpus Christi, MEW ATTEST City searetaw APPROM AS TO 72CAL POR2a D �� i i orscy, Corpus Christi, Tame March 15. 1945 TO THB OF THE CITY COUSUM OF TM CITY OF CORPUS CHRISTI Corpus Christi. Texas Oentlemens For the reasons set forth in the emergency clause of the foregoing Ordi anee. a publio emergency and an imperative public necessity exist for the suspension of the Charter rule or requirement that no Or,11.,was, or Resolution Shall be passed finally on the date It In introdnoads and that such Ordlnmce or Resolution shall be reed at three several meetings of the City Council; I. therefore. hereby request that you suspend said Charter role or requirement and pass this Ordinance finally rm the date it is introduced. or at the present meeting of the City Council. ac� s7; Hs—c` The Charter rule was suspended by the following votes A. C. McCaughan Joe. Miranr Ed. P. �fi1liams / D. A. Segrest H. G. Moffett The above Ordinance was passed by the following votes A. 0. 4100aughan Jos. Mireur Ed. P. 111111ama D. A. Segrest H. G. D7offett