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HomeMy WebLinkAbout02089 ORD - 05/27/1947AN ORDINANCE # A2 0 '?/ RECEIVING AND ACCEPTING THE WORK OF IMPROVING AYRES STREET, WITHIN THE LIMITS HEREIN BELOW DEFINED, IN THE CITY OF CORPUS CHRISTI, TEXAS, PERFORMED BY BROWN & ROOT, INC., APPROVING AND ACCEPTING THE MAINTENANCE BOND FURNISHED BY BROWN & ROOT, INC. IN CONNECTION WITH SAID WORK; AUTHORIZING AND DIRECTING THE ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: That the work of improving the following street and portions thereof in the City of Corpus Christi, Texas, to -wit: AYRES ( AYEES) STREET from the East Property Line of 12th Street to the West Property Line of Santa Fe Street, by raising, grading and filling same, and installing concrete curbs, gutters and sidewalks where same were not installed on proper line and grade and where the existing curbs, gutters and sidewalks were determined by the City Engineer not to be adequate and sufficient, and by constructing storm sewers and other drainage facilities as provided for in the plans and specifications for such improvements, and by paving, repaving and repairing said street with an asphaltic concrete base, and the construction thereon of a one and one -half inch asphaltic surface course, together with other necessary inci- dentals and appurtenances, and the doing of other work incident thereto, all as provided for in the plans and specifications for such improvements, having been performed and completed in accor- dance with the terms and provisions of the contract and the plans and specifications therein contained, dated September 9, 1946, be- tween the City of Corpus Christi, Texas, and Brown & Root, Inc., and the Director of Public Works of said City having examined, measured and caused to be tested the finished improvement by the meads and manner provided by the terms of such contract and the plans and specifications therein contained, and said Director of '_'�D7/ Public Works having found that such improvements have been con- structed and completed in full compliance with the terms and pro- visions of said contract and the plans and specifications therefor, and having approved and accepted said work and improvements and having heretofore issued his Certificate of Final Acceptance and so certified to said City Council and recommended that such City Council accept and receive said work and the improvements as constructed by said Brown & Root, Inc.; and said Brown & Root, Inc. having hereto- fore furnished to and filed with said City Council its five -year Maintenance Boni in the amount, and executed by a corporate surety, as required and provided in said plans and specifications, and said Maintenance Bond having been found by said Director of Public Works and said City Council to be in proper form, amount and executed by an approved corporate surety, and having been approved by the City Attorney, said Maintenance Bond is here now accepted and approved as being in full compliance with the requirements of said contract and the plans and specifications therein contained; and said work and improvements having been found by the Mayor and City Council of said City to have been performed and completed, and said Mainten- ance Bond filed and approved, all in full compliance with said contract and plans and specifications therefor, same are hereby found to have been performed and completed by said Brown & Root, Inc. in full compliance with the terms and provisions of said con- tract, and the plans and specifications therefor, and same are here now accepted and received by the City Council of the City of Corpus Christi, Texas. Section 2: That the Mayor and City Secretary of said City are hereby authorized and directed to issue to Brown & Root, Inc. special assessment certificates evidencing the assessments against property improved abutting upon said Ayres Street, within the limits above defined, and against the real and true owner or owners thereof, which, by the terms of such contract, the City of Corpus Christi, -2- Texas, has agreed and obligated itself to issue and deliver to said Brown & Root, Inc. in accordance with the provisions of the final assessment ordinance and other proceedings heretofore had and adopted by said City Council; said assessment certificates to be executed in the name of said City by the Mayor and City Secretary thereof and impressed with the seal of said City, and dated as of the date hereof, and such officers are hereby authorized and dir- ected to execute said certificates in their official capacities on behalf of said City, and deliver same to said Brown & Root, Inc. Section 3: The fact that permanent street improvements with- in the City of Corpus Christi are immediately necessary due to the fact that the present condition of the streets in said City is dangerous to the health and public welfare of the inhabitants thereof and that the streets are subject to unprecedented traffic due to the rapid growth of said City, and the further fact that it is necessary to provide drainage for that area adjacent to said Ayres Street, create a public emergency and an imperative public necessity, requiring the suspension of the Charter Rule or require- ment that no Ordinance or Resolution shall be passed finally on the date of its introduction, and that said Ordinance or Resolutions shall be read at three separate meetings of the City Council, and the Mayor having declared that such emergency and public imperative necessity exists, and requested that said Charter Rule be suspended and 'that this Ordinance be passed finally on the date of its intro- duction, and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this the a�_,,.day of A.D. 1947. MKYOR',CIW oX Corpus Christ ,Texas. AT T: 1 City Secretary APPROVED: � City Attorney -3- Corpus Christi, Texas may a 7 , 1947 TO THE MEMBERS 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. Respectfully, R City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr.pi John A. Ferris ALYJ u R. R. Henry 7— Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry L' Joe T. Dawson