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HomeMy WebLinkAbout02015 ORD - 01/07/1947AN ORDINANCE N 6 - ;- O ) S TERMINATING A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI, TERAS, AND BROWN AND ROOT, INC., CONCERNING THE PAVING OF CERTAIN STREETS BETWEEN THE EAST PROPERTY LINE OF WATER STREET AND THE WEST PROPERTY LINE OF SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. WHEREAS, on the 28th day of November, 1944, a contract was entered into between the City of Corpus Christi, Texas, and Brown and Root, Inc., for the paving of certain streets between the east property line of Water Street and the west property line of Shoreline Boulevard and it was agreed in the contract that no assessment liens would be fixed by the City but the City would pay approximately one -third (113) of the cost of the pavement in front of each abutting property, provided the property owner would pay the remaining two- thirds (F^ 13) and it was the obligation of Brown and Root, Inc., to get the property owners to agree to pay said two- thirds (2/3) and fix a lien against their property to secure such payment; and WHEREAS, all of the streets in said contract, with the excep- tion of those which are hereinafter named, have either been paved and paid for or the property owners have agreed to pay their respective shares and the City has ordered the contractor to proceed; and WHEREAS, there remains in said contract certain streets upon which the abutting property owners have refused to pay their proportionate share of the cost of the paving and have refused to fix liens on their property for the payment of their share of the cost of the paving and those streets are as followst Furman Street, Broadway Court, Twigg Street, Palo Alto Street, Dan Reid Street, Mann Street; and, WHEREAS, it has been agreed between the City and the contractor Brown and Root, Inc., that said contract shall be canceled insofar as it covers the above specifically named streets so that the City of Corpus Christi can again contract for the paving of such streets under R.C.S., 1925, Art. 1105 -b, as amended, which permits the City to assess paving i liens against property for the cost of streets upon which said property abuts; HOPI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. The above mentioned and referred to contract, inso- far as it covers the paving on the following streets, towit: Furman Street, Broadway Court, Twigg Street, Palo Alto Street, Dan Reid Street, Mann Street, all of which streets extend from the east property line of Water Street to the west property line of Shoreline Boulevard within the City Limits of the City of Corpus Christi, Texas, is hereby declared to be terminated and of no further force or effect and it is hereby declared that the City is not obligated to proceed under said contract or to accept performance under said contract by the said Brown and Root, Inc. SECTION II. The fact that the immediate passage of this ordinance is necessary so that the City can forthwith take the necessary steps to commence paving assessment proceedings looking toward the early commencement of paving construction on the streets above mentioned creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that ouch 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 ordinance be passed finally on the data of its introduction and take effect and be in full force and effect from and after its passage, IT IS, ACCORDINGLY, SO ORDAINED. PASSED and APPROVED this 7d' day of 4 A. D. 1947• City of Corpus Christi, Texas 6TL TgS�,� City ty Secretary APPROVED: &46� Attorney Corpus Christi, Texas 7. 194-4 TO THE MMOERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and 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 meetings of the City Council, I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respeotfu '�Xy , Yz✓. fin�ry,�` OR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr.�"'� R. R. Henry The above ordinance was passed by the following vote: Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry (% y J\1F '�) &? /S