HomeMy WebLinkAbout02029 ORD - 01/28/1947AN ORDINANCE a IF
ACCEPTING THE BID OF BROWN & ROOT, INC., AND AUTHORIZING
AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS
CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID
CITY AN AGREEMENT BY AND BETWEEN TIE CITY OF CORPUS
CHRISTI AND BROWN & ROOT, INC., FOR THE PAVING AND AP-
PURTENANT STRUCTURES ON FURMAN AVENUE, BROADWAY CCURT,
TWIGG STREET, MANN STREET, PALO ALTO STREET, AND DAN
REID STREET, EACH OF SAID STREETS EXTENDING FROM THE
EAST PROPERTY LINE OF WATER STREET TO THE WEST PROPERTY
LINE OF SHORELINE BOULEVARD; MAKING AN APPROPRIATION FOR
SUCH WORK; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, Texas,
did on the 7th day of January, 1947, by a duly enacted ordinance determine
the necessity for and order the improvement of portions of certain streets
within the City of Corpus Christi, Texas, to -vita
Furman Avenue,
Broadway Court,
Twigg Street,
Mann Street,
Palo Alto Street, and
Dan Reid Street;
said streets extending from the east property line of Water Street to the
west property line of Shoreline Boulevard, said improvements to be in the
manner and form of the plans and specifications presented to the City
Council by the Director of Public Ifforks on the 7th day of January, 1947,
and approved by the City Council on such date; and
WHEREAS, the said City Council of the City of Corpus Christi,
Texas, having advertised for and received bids on the construction of
said improvements for the length of time and in the manner and form as
required by the Charter of said City and the laws of the State of Texas; and
WHEREAS, the bid of Brown & Root, Inc., was the lowest and most
advantageous bid received; and
WHEREAS, the City Treasurer of the City of Corpus Christi has
on deposit the necessary and proper funds available for the payment of
the City's proportionate share of the cost of the improvement of Furman
Street, Broadway Court, Twigg Street, Mann Street, Palo Alto Street, and
Dan Reid Street, the said improvements on said streets extending from the
east property line of Water Street to the west property line of Shoreline
Boulevard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That it is hereby determined that the bid of
Brown & Root, Inc., for the permanent paving and appurtenant structures,
from the east property line of Water Street to the west property line of
Shoreline Boulevard, on each of the following streets: Furman Avenue,
Broadway Court, Twigg Street, Mann Street, Palo Alto Street, and Dan Reid
Street, is the lowest and most advantageous bid for the City of Corpus
Christi and the bid of Brown & Root, Inc., is hereby accepted.
SECTION 2. That the City Manager of the City of Corpus Christi
be and he is hereby authorized and directed to execute for and on behalf
of the City of Corpus Christi an agreement by and between the City of
Corpus Christi and Brown & Root, Inc., a copy of which agreement is attached
hereto, made a part hereof, and reads as follows, to -wit:
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT, made and enta.•: i n-,c file
194.7, by and b-tweer the City of C,:ruis
of the County of Nueces, and State of F(i,,3..9 acting thiou.c.l. i�,:,
Manager, thereunto duly authorized to d,, so; PaI'LL�7 cc i"I., P-
-
termed in the Contract Documents as r e_11., ancL
Party of the —Second Part, termed in the Contract DocuL�aiits as the I:C:ln••
tractor",
Witnesseth:
Whereas, in consideration of the sums for the bar,-_- 'Idd as
specified in the Proposal to be paid ty the Owner to the Contractor
at the time and in the manner nereinafTej- pro,.�J_ded; the said Contractor
has agreed and does hereby ag,.,ee, to fi.vnish labor, tools, equipment
and material and to construct complete in every detail, to-wit.
Permanenc, Paving of Furman Avr Lu�, from the east: property line
of 14 ater Street to the West property line of Shoreline i�c.il - e vard
Broadway Court., from the east property Line of date- S+,Te-�;, to the
West property line of Shoreline Boulevard! Twigg Street, f7-om the
east property line of 'later Street to the west property line of
Shoreline Boulevard; Mann Street from the east property line of Water
Street to the west property line of Shorelj.ze :�eulevard• FE,.Ic Alto
Street from the east property line of S,eet to t
ater '
.4 - he west property
line of Shoreline Boulevard; Dan Reid Street from the eas-',-, ;)I•opei°t,,r
line of ',,ater Street to the west property line of Shoreline Boulevard,
along with appurtenant structures, in the City of Corp-as Cr-., sTa
. I
Texas, as shown on the plans, all to the satisfaction of th e r�.r er
and in compliance with the Proposal, General Conditions of the
Agreement, Performance Bond, Definitions, Special Provisions and
Specifications, and in accordance with the plans, which include all
the maps, plats, blueprints and other d--awings, and printed or written
explanatory matter thereof, all of which are made a part hereof and
collectively constitute the entire contract and except for the plans,
are bound herewith and entitled "Contract Do^umentsl' and are as much
a part of his Agreement as though topic' verbatim
AND FOR SAID CONSIDERATION, IT IS FURTHER ,PARTTCULARLY AGREED
BETWEEN THE PARTIES OF THIS AGREEMENT:
T T the Contractor agrees to begin work of construc,.tf_oja
withi4a days after being notified in writing so to do bL;.t
shall not be required to commence said work until the proceedings
provided by Article 1105-B of the Revised Civil Statutes of the S1,,ate
of Texas, as amended and the City Charter of the City of Corpus Christi,
and all resolutions and ordinances assessing against the property
abutting upon said streets and the owner thereof, and the owners of
railways, and street railways and interurbans occupying same, the
portion of the cost of said improvements which is to be assessed
against the said owners, and their property, as herein provided. The
Contractor agrees to prosecute said work diligently and
uninterruptedly after commencement, excepting as shall otherwise be
ordered in writing by the City Engineer of said City, and shall be
finished and fully completed within�(working) (calav-) days
thereafter, the time of beginning, rate of progress and `..he time of
completion being essential conditions of this contract. in de aulting
thereof the Contractor shall be liable for liquidated damages as
provided for in the Contract Documents.
Q- That said work and material for the project covered by
the Contract Documents shall be completely installed and delivered
to the Owner within the time above stated, clear and free from any
and all Liens, claims and demands of any kind whatever for materials,
equipment, supplies, labor, accidental death or otherwise. To insure
prompt, faithful, sufficient and complete performance to this Contract
on its part, the Contractor has attached hereto and hereby makes a
part hereof a bond satisfactory in all respects to the Owner. Said
bond in the full amount of the contract price is to insure the faithful
performance of the contract under all conditions laid down by it and
Contract Documents covering equipment furnished, labor employed,
workmanship, material, time of completion and delivery. Said bond
shall hold and keep Owner harmless and free from all liens, plaims,
patent infringements, liability, demands and expenses of every kind
and nature for any accident or injury to any person or persons, or
property, occasioned by or resulting from the proseettion of the
work pursuant to the terms of the contract.
3, The Contractor shall be paid for the performance of all
of the work, as aforesaid, the unit prices set out in full in the
Contractor's bid proposal, a copy of which is hereto attached and
made a part of this contract. And it is understood that payments
of the said amounts, except where otherwise provided in this contract,
shall be given and received as payments in full for all the work and
material described generally in this contract and herein stipulated
to be done and furnished by the Contractor, and said prices herein
named shall be considered as including and comprehending the completion
of the whole work, herein contracted for, together with the payment
of and for all -the labor and materials and all appliances and
appurtenances and all detail work as described generally herein. The
bids herein being made for a complete work and not for parts of work.
4. All extra work not bid upon in the proposal which may be
required to be done under this contract, shall be paid for as provided
by the specifications hereto attached.
5. Said compensation shall be naid to the said Contractor,
and at the time and in the manner, as follows, to—At:
(a) If said streets, or any part thereof, are occupied by
any railway, street railway, or interurban company, then such company
shall pay all costs of said improvements between and under its rails;
tracks, turnouts and switches, and two feet on each side thereof, which
payments shall be made by said comi.,anies upon written estimates of
the City Engineer, at the time or times, and in the manner provided in
the ordinance ordering the said work, and as shall be provided in the
ordinance of assessment hereinafter mentioned. The City of Corpus
Christi binds itself to pass an ordinance in accordance with the Charter
of said City, and in accordance with the laws of the State of Texas,
including particularly Chapter 106, page 489 of the 40th Legislature
of the State of Texas, First Called Session, Acts 1927, said ac's
being commonly known as Article 1105 -B, Revised Civil Statutes of
the State of Texas, 1925, and relating to street improvements and
assessments therefor, levying a special tax for the amount of said
costs, payable by said railway, street railway, or interurban company,
respectively, upon such railway, street railway or interurban and
its road beds, ties, rails, fixtures, rights and franchises, and to
exhaust fully its powers conferred by laa to aid in and enforce
collection thereof, but it is expresbly agreed that the City of Corpus
Christi shall in no manner be liable to pay any part of said cost
designated to be paid by said railway, street railway, or interurban
company, but the Contractor agrees to look to said companies and to
their property entirely for the payments thereof:
(b) That the City of Corpus C,_risti shall pay to the
Contractor all of the cost of the construction, reconstruction, or
repair of the curbs and gutters, within the intersections of said
streets with other streets and alleys, all the costs of the construction
of storm sewer and appurtenances thereto, and shall pay to said Con-
tractor not less than one -tenth (1 /10) of the total remaining costs
of said improvements, exclusive of the costs of the curb and gutter
in front of the respective properties abutting upon said streets.
All payments to be made by the City to the Contractor shall
be upon the written estimates of the City Engineer, eighty -five percent
(85 %) of which estimates shall be payable within the time after said
estimates are furnished, as provided for in the attached General
Conditions, fifteen percent (15 %) being retained and reserved until
the completion of the work and its acceptance by the City, and no
estimates shall be given at any time, except upon such portions of
the work as has been actually completed and upon acceptable non-
perishable material delivered to the work as here -in -after provided
for in the said General Conditions.
In making said estimates.the City Engineer shall separately
estimate the amount of work and labor done, chargeable against the
City of Corpus Christi, Texas, and .-against said railway companies,
and against the Owners of property abutting on said street, under
the terms of the contract. ''hen the entire work has been completed,
and accepted by the City, the whole amount payable by the City of
Corpus Christi, Texas, shall then be paid to the Contractor, including
all sums held back in reserve from prior estimates, under the term
hereof.
All estimates paid to the Contractor during the progress of
the work shall be based upon the City of Corpus Christi; Texas,
portion of the cost of said paving, and no portion of the paving cer-
tificates to be taken by the Contractor and no cost to be assessed
against the railroads or interurbans cocupying the streets shall
enter into said estimate nor shall any part of the assignable paving
certificates to be issued to the Contractor be paid until after the
paving has been completed and accepted in accordance with the terms
and provisions of the Contract.
(c) That the owners of property abutting upon said streets
named shall pay to the Contractor the whole cost of construction,
reconstruction, repairing and realigning of curb and gutter in front
of their respective property, and shall pay all of the remainder of
said cost of said improvements after deducting the amount herein
specified to be paid by the City of Corpus Christi, Texas, and
said railway, street railway or interurban company providing in no
event that the remaining costs of said improvements exceed nine - tenths
(9/10) of the total cost of said improvements exclusive of cost of
curb and gutter. The amounts to be paid by said property owners,
and which may be assessed against said abutting property and its owners,
shall be in proportion as the frontage of the property of each owner
in to the whole frontage to be improved, in accordance with what is
known as the Front Foot Plan or rule: provided that if the
application of this rule in the opinion of said Council be unjust
or unequal, or results in individual cases in an assessment in excess
of special benefits received from said improvements, then said Council
shall adopt such rule of apportionment as shall effect substantial
equality between said owners, considering the benefits received by
and burdens imposed upon them and their property.
That the portion of the cost of said improvement, which shall
be payable by the owners of said abutting property, shall be paid
within twenty days after the completion of said improvement, and the
acceptance thereif by the City, either all in cash, or ten percent
(TO %) cash within twenty days after the completion of said work
and its acceptance by the City, and 101 respectively, on or before
one year, two years, three years, four years, five years, six years,
seven years, eight years, and nine years after the completion of said
work and its acceptance by the C ty,.with interest from day of such
completion and acceptance by the City until paid at the rate of 5%
per annum. That the amount to be paid by each owner of property
abutting upon said street shall be secured by a lien upon said pro-
perty and a personal claim of liability against the owner thereof in
the manner hereinafter set forth, and to accomplish equality and
justice between the own-3rs of said property, and to secure the payment
of said sums, the City binds itself to pass all the necessary
ordinances and resolutions, and to take all the necessary steps
provided by law, charter, or by the ordinances of said City, in
such cases made and provided, that may be necessary or proper to
assess upon the several parcels of property abutting said street,
the several sums payable by the owners thereof under the terms hereof,
and to pass all ordinances and resolutions necessary and proper to
fix same as a personal claim or liability against the said owners,
in compliance with law, charter and with the terms of the said
ordinance; and further agree, that in the event that any err r or
invalidity shall appear in the proceedings with reference to said
inprovement, or in the assessment of said cost, or in fiaingan�- LLpersonal
liability against the owners of said property, or in any other
matter or thing affecting the validity of said assessment or claim,
then the City shall pass all resolutions or ordinances, and shall
and shall take all steps necessary or allowed by law, charter, or
its ordinances for the purpose of correcting such errors or
invalidities and re— assessing said cost against said property, and
fixing said personal claim or liability against the owners tharoof;
but it is expressly understood and agreed that no assessment shall
be made against any property or its owner until after the notice and
hearing provided by law and the ordinance of the said City, and in
no event shall any assessment be made against any such property
or its owner in excess of the benefits thereof in the enhanced
value thereof, caused by such improvement. It is expressly agreed
that said City shall not in any manner be liable to the said Contractor
for any part of the cost of said improvements herein designated to
be paid by owners of abutting property, but for such portion the
Contractor shall look alone to the said owners and their property,
and that the said City does not in any manner guarant::e the collection
thereof, nor shall it become in any manner liable for the cost of
collecting the same, nor in enforcing the lien thereon, but the City
agrees to do all acts, and pass all ordinances and resolutions
required and permitted by law, or its charter, for the purpose of
assisting said Contractor or assigns in collecting or enforcing the
payment of the said costs against said owners and of said lien
against said property,
The City agrees that it will, upon completion and acceptance
of said improvement, cause to be issued to said Contractor assignable
certificates, setting forth and declaring the amount to be paid by
each of siad owner's and assessed against his property and the times
and terms of said payments, in accordance with this contract. It
shall be sufficient compliance herein if said certificate shall
describe lots and parcels of property by number and block, or such
other descriptions as may identify same with reference to any other
fact recited, and by the name of the apparent owner; and if the owner
is unknown, or if the property is owned by an estate, it will be
sufficient so to state the fact. Said certificate shall provide, if
the sum shall not be paid, that they shall be collectible with
reasonable attorney's fee and all costs, if same have been incurred,
and said certificates shall bear interest from date of completion,
and acceptance of said improvement by the City at the rate of 5%
per annum. Said certificates shall provide that failure to pay the
same, or any part thereof, when due, shall at the option of the holder
thereof mature said certificate, and the entire unpaid portion
shall become due and payable immediately. The City shall not in
any manner be liable for the payment of any sum mentioned in the
said certificates, or for the costs of eo]lecting or enforcing scene, but
the Cityv shall, whenever demanded by the Contractor or holder of
said certificates, fully execute all powers conferred upon it by
law, charter or its ordinance to aid the enforcement of tha lien
securing same, and the collectio; of the same. But it ;ae.7i not be
liable in damages for any fTilure to collect said certif' cal'--q n -,
enforce the lien thereon. The said certificate shall r:_ t
the proceedings with reference to making such improvements :^
regularly had in compliance with law, and that all prereq
the fixing of said assessment lien against the property desc'_te7
therein, and the personal liability of the owner, have be;r.
performed and such recitals shall be prima facie evidence of ti•l
fact so recited, and no further proof thereof shall be requirec _n
any court. (Should it be necessary to collect such cerii_fac_,',,F,
by suit, it shall be done by the Contractor at his own and eti e
cost and expense.)
6. The Contractor.shall not be obliged to make any of
the improvements herein mentioned in front of any property, which
is exempt from the enforcement of the lien for the cost of such
improvement, but shall be entitled to omit the construction of
such improvement in front of such property, unless the owner of said
property shall first satisfactorily secure the amount which would
be assessed .against the same were it not exempt.
7. All provisions of Article 1105 —B of the Revised Civil
Statutes of the State of Texas, as amended, and all provisions of
the Charter and Ordinances of the City relating to public
improvements, and all resolutions and ordinances passed by said
Council to effectuate said improvements and this contract are here
referred to and made a part hereof.
$. This contract is executed in six (6) counterparts.
9. It is further agreed that Contractor shall furnish,
prior to final acceptance by the City of the work, a good and secure
bond in favor of the City, guaranteeing for a period of five years
the work and materials used in construction of the pavement, and
said bond shall conform in all things to the provisions for such
guaranty as provided in "Maintenance Guaranty" clause in the
Contract Documents" and which are a part of this agreement,
IN WITNESS WF.EREOF, said parties hereto have hereunto set their hands
and seals at Corpus Christi, Texas, the day and year first above written.
CITY OF CORPUS CHRISTI
Party of the First Part (Owner)
ATTEST: By
R. B. Thomas, City Manager
City Secretary
APPROVED AS TO LEGAL FORM.' Party of the Second Part {Contractor)
City Attorney By
ATTEST: TITLE
SECTION 3. That there is hereby appropriated out of the
Street Improvement Construction Fund No. 220 the sum of $25,000.00
for said improvements.
SECTION 4. The fact that there have been no permanent street
improvements in the City of Corpus Christi on the 'streets mentioned herein
(sufficient to meet the needs of the public in the use of said streets)
and the further fact that the present condition of the streets mentioned
is dangerous to the health and public welfare and safety of the inhabi-
tents thereof due to their condition and due to the increase of traffic
by reason of the rapid growth of the City of Corpus Christi 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 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
ordinance 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 ORDAINED.
PASSED and APPROVED this �yVay of , A. D.,
191+7•
OR
City of Corpus Christi, Texas
ATTEST:
City Secretary
APPROVED:
i y Attorney
Corpus Christi, Texas
TO THE MEMBERS OF THE CITY COMCIL
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 ordi-
nance finally on the date it is introduced, or at the present meeting
of the City Council.
Respectfully,
R
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Robert T. Wilson
Wesley E. Seals
/ n
—�/
John A. Ferris
George R. Clark, Jr.
Ray R. Henry
The above ordinance was passed'by the following vote:
Robert T. Wilson
Wesley E. Seale
John A. Ferris
—+`=
George R. Clark, Jr.
Ray R. Henry
_��
January 28, 1947
TO THE MAYOR AND CITY COUNCIL
Corpus Christi, Texas
Gentlemen;
I have examined the account and fund from which the
appropriation is made, as provided for in the ordinance attached
hereto, and I do certify that the money required for such approp-
riation is in the Treasury to the credit of the fund from which
such appropriation is to be drawn, and that there are monies in
such fund which are not appropriated for any other purpose and
which are available at this time.
Very truly yours,
Director o1' Finance�-
dd City Control er