HomeMy WebLinkAbout01843 ORD - 09/11/1945A RESOLUTION
AUTHORIZING CITY TREASURER, UPON ENTRY CF DECLARATCRY JUDGI= IN
CAUSE NO. 30953 -B. IN THE 117TH DISTRICT COURT AND UPON FINAL AD-
JUDICATION OF CAUSE N0. 29637 -A IN COURT OF CIVIL APPEALS OF SAN
ANTONIO ON APPEAL FROM 28TH DISTRICT COURT, TO BEEP IN A SPECIAL
ACCOUNT AND DISBURSE TEE SUM OF $24,000 CR SO MUCH THEREOF AS IS
DELIVERED TO HIM BY NUECES COUNTY WATER IMPROVEMENT DISTRICT No.
1, FOR THE CONSTRUCTION TO BE PERFORMED IN ACCORDANCE WITH
SPECIFICATIONS CONTAINED IN "EBHIBIT A" ATTACHED HERETO, PROVIDED
SAID CCNTRVCTION IS TO BE DONE ENTIRELY BY THE CITY; AND AGBEEING
TO APPROPRIATE NECESSARY FUNDS FOR F.% MSES TO BE SCENE BY TEE
CITY; AND DECLARING AN EMERGENCY.
Y.j
WHEREAS, ON THE Ydsy of August, 1945, the Directors of the
Moose County Water Improvement District Number One, by Resolution of its
Board of Directors duly passed, appropriated and set aside for delivery-
to the Treasurer of the City of Corpus Christi funds belonging to said
District in the sum of Twenty -four Thousand ($21,000,00) Dollars or so much
thereof as may remain after the payment of the current indebtedness of the
District, to be kept by him in a special account therefor and disbursed as
and for the construction to be performed by the City of Corpus Christi for its
own account and for the account of the Nueces County Improvement District
Number One, as she= in the plate and specifications annexed to said Resolution;
and
WHEHRec, on August 7, 19450 the City of Corpus Christi ensoted an
Ordinanoe by which it levied an annual tax on all property within the city limits
sufficient to pay all interest and create a sinking fund of two percent annually
on the bonds of said Nueoes County Water Dnprovement District No. 1; and assumed
and agreed to pay said bonds when they become due; which Ordinance further provided
that all physical properties and asset8c0f maid District be vested in the City
of Corpus Christi and directed the proper officers to take possession thereof and
to give to the Board of Directors of said District proper receipts and aoquittanoe
thereforg and
7E38REA8, there is now pending in the Court of Civil Appeals of San
Antonio. Texas, on appeal from the District Court for the 28th Judicial District
of Texas, a suit Numbered 29637 -A, styled State of Texas vs, Roy Self, Mayor, et al;
and there is now pending in the District Court of Bosoms County, in the 117th
Judicial District of Texas, a suit for declaratory judgment, Numbered 30953 -A,
11943
styled G. W. Wilkinson et al vs. City of Carpus Christi; and
WffitEAB, the provisions of the Ordinance above referred to cannot
be executed until said suits have been finally disposed of,
NOR, THEREFORE, BE IT QESOLM BY THE CITY COUNCIL CF THE 03TY
OF CORPUS CHRISTI& -
That, if and mhon, a declaratory judgment in entered in Cause
No. 30953 -B, styled G. W. Wilkins at al vs. City of Corpus Christi, in the
District Court of Nueoes County, 117th Judicial District of Texas, and the
Judgment of the District Court for the 28th Judicial District of Texas, in
Cause Noe 29637 —A, styled Sta to of Texas ve, Roy Self, Mayor, at al, is
finally adjudicated by the Court of Civil Appeals of San Antonio, and
upon the subsequent delivery to the Treasurer of the City of Corpus Christi
by the Nueoes County Water Improvement District Number One to be expended
in the mainer and for the purposes set out in Resolution of said District
passed on the Ae9lday of August, 1915, the sum of Twenty-four Thousand
Dollars, or so much thereof as,may remain after the payment of the current
indebtedness of the District, the CltMeWurer ititMeasurer is thereupon euthorized_to
keep maid moneys in a special account therefor end to disburse same for the
construction to be performed by the City of Corpus Christi for its own account
and for the account of the Nueoes County Water Improvement District Number One
as shown on the plats and specifications attached to said Resolution of said
District, whioh plats and specifications are attached hereto and marked "Exhibit
A ", provided, however, that all of the construction and work required, in said
"Exhibit A" shall be performed by the City of Corpus Christi, and the City of ,
Corpus Christi hereby Wass to appropriate the necessary funds for the expenses
that are to be borne by the City alone as net out in said "Exhibit Al.
The fact that it is neceasary for the welfare of the Citizens of
Corpus Christi that the construction provided for in the specifications herein
referred to shall be started immediately creates a public emergency and an
imperative public necessity requiring the suspension of the Charter rule providing
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, and the Mayor having requested that said Charter rule be suspended
and that this Ordinance take effect and be in full force and effect from and
after its passage. IT IS ACCCRDINGLY SO RESOLVID.
PASSED AMID APPROVED this the // day of Se ember. A. D.. 1915.
y o orpus
Texas
i y Secre =7
7r AS T 0 JG
N
ULtY Attorney
Corpus Christi, Texas
9 —// ,195
TO THE MMERS OF THE CITY COUNCIL
OF TIE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the
foregoing Ordinance, a public emergency and an 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 several meetings of the City Council; I, therefore, hereby
request that you suspend said Charter rule or requirement and pass
this ResblutionCinally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
o orpue C is i, xas
Tho Cs=ter rule was suspended by the following vote:
Roy L. Self
• B. G. Moffett
R. R. Rambo
11. C. Book
11. B..Marriott
The above Ordinance was passed by the following vote:
Roy L. Self
B. G. Moffett
R. R. Rambo
H. C. Book
IT. B. B. Marriott
��
Cityso Part of the Projects
12 inch crater line from Staples Street to Austin on ffinnesota Avenaeaxpensa
to be borne y}�,� the c0iity slpn
Distriot�e Pa3�t of the ProJeotr ,
unit
Street Location From To Fast Size Cost Amount
Minnesota Ave. , Austin Santo Fe 900 10" 03.50 3,150.00
Santo Fe Street iflmmsota Roster 900 loo 3.50 3,150.00
Mahal Santo Fe Denver 700 81 2.80 1.960.00
Ropes Santa Fe Denver 1200 6" 1.80 2,160.00
Melrose Santo Fe Donver 00 16 6- 1.so 2,880.00
,1 Roster Denver Ooeaa Drive 300 6- 1.80 540.00
Arnim Mal.roae Oleander 300 6" 1.80 540.00
Saute Fb Rooter Ropes 1700 8- 2.80 4,760.00
\ Louise Santo Fe ibrningaide 700 69 1.80 1,260.00
Total M.400.00
The work shall include all labor, equipment and material necessary to complete
the project. Minor alternative locations my be mad* at the discretion of
John W. Cunningham, Water Superintandent, in the event he shall doom such changes
advisable end that the alternate work will perform equally or better services.
CAST IRON PIPS LINBSs,
Akateriali s
All pipe shall be made of a good quality of oast iron. A design weight and
specifications for the cast iron pipe shall be bated upon the r000rmended practice
of the American Standards Association in its "mmsal for the Computation of
Strength and Thickness of Cast Iron Pipe -. Bulletin A21.1. 1938, and the
bulletin of the American Standards Association, "Specifications for Cast Iron
Pipe Cast Pipe for Water and other Liquids ", Bulletin A21 -2, 1939. If centrifugal
cast pipe is used, the methods of computation of the Amarioan Standards Association
shall govern and the tensile strength stall not,exceed 25,000 and modulus of rup-
ture shall not exceed 50,000.
Thickness of pipe. by lengths. shall have an average of not loss than the
specified thickness.
The design of the pipe for this project shall be based on the tamped back -
fill as shown on the plans, Depth of cover to be 3-12 feet unless otherwise
shown.
Type s
Pipe shall be of the bell and spigot type with a lead groove once in the bekl
or mechanical joint.
Clasen
All oast iron pipe shall be designed for a minimum of 150 pounds pressure.
All pipe is to be delivered sound and free from cracks.
Defective spigot ends on pipe may be out off in a manner which will produce
a square end. Not more than eight percent (6 %) of the total maober of pipe of cash
size nay be shipped as out pipe and no out pipe shall be furnished which is Dore
than two (2) feet under the nominal laying length.
Casting e
Cast iron pipe shall be coated inside and out in accordance with American
Water Works Association spooifiostions, or "Snameline" coating.
Omont Uned,Cast Iron Pipe
oonbent mortar lined cart iron pipe and fittings ahall oonform to American
Standard 8peoifioations for cCamant xortsr'T-Wm for Cast Iron pipe and pittlMoe.
approved by Amarionn 3tamderds•dssooistion4 Dooembar. 19391 (M- 11;1939)o
1Poasuiomenta �
Ail pipe.sh611 be measured in place and no daduotions at.tt be nude for valves
and fittin9e4 Measareswnt Will be along the cantor line of the pips line. Reducers
Shall be measured in the lien at the also of•the larger ond4
Accentancor
The Work shall accepted for the Water District by John W. n .,3_ _„no.b=# Water
Saperintendeute or IIany S. Stirmw, Utility D*inear :br the City of Corpus Christi.
John W. Cumninghom or D'arry H. Stirman shall approve estimates and the oity
Treasurer shall make paumont only upon estimates approved by ens of the above
meationed.
Alterasta projoot'e
In the event there shall remain in the funda deposited with the City
Tressurer by, the Water District ox* ozocss Sands after oomplation of tho above
work, additional Work shall be done Within tho limits of the District as
recormmsndad by sad under the suporvision of John W. Cu ms oghwe Wsator Superintendent.
when the Court dec]ares the or95mmos vdid the district stands ready to
compiyvith the resolution. She improvaeents to be mado will be uandar the
direct sviervisioa of the Cite Hauer agwimtmeant and will Increase the present
water mippty to uem's in the district vabatautWly. tip these improwmanta are
wads the feoilitioc in the district will be o@tiat to =7 inn the City. The
directors raTmatod the Csty Common to bring the —4 r to a claw* ty aoptombor
first, and eapeotiq; thin to be done havo had an indopondent audit made of the
dietriotts bookdo
The directors of the eater diatriot* of courco, operate under the laws of
Taxes, orsati>g the district. Shsy bold the property of the district cad oar
act only under the lm. Shoy we under bond requiring that they faithfully pro.
mvvo the rm y mad properties of the district and to transfft� tit only as the
lm paffita. Tfon the azrnom►tion sdinga were begun attorneys were enplcyad
vho advised ttxat the di.rootors s:.wld test the Validity of the anmmtim pro.
000din„s and ate ordinance requiring transfer of the district's property to
the City* ft City officials, we belim. liioarics arc uouillin„ to aocopt the
propmiy without: a gudgneat,•of the overt. Of *auras* if the City does not con-
mate the arrangement, ton director* will be required 19 their duty to
cafvo;atct the property and interests a£ two roeidin; in the district to oou-
tiaga gaud*,, liticution. The precast City Council and tho directors fu`iy under-
stand this as do the Mtyls atterncyo. This atatamaub is made, therefore, tbRt
the people of the district and the City ray bo informed of the facts and that tbo
directors am uwvrkirz effectively to procure a larger water mtpi+iy for uaore
In to district. These efforts soon about realized.