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HomeMy WebLinkAbout02158 ORD - 09/23/1947Ali ORDIIIANCE AUTHORIZING AT ?D DIRECTING THE CITY I NAG&R OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT "dlITH TEE COUNTY OF NUECES AS A JOINT PARTY AMID 1ITH 1 ELDENFELS BROTHMS FOR THE IMIR0V 1112IT OF M14 MOTA APE_LTUL AIID CARROLL LANE AND DECLARII'G AN ELrnGMICY. WHEREAS, the City of Corpus Christi, Texas, and Nueces County, Texas, desire to improve Ilinnesota Avenue and Carroll Lar_e and have entered into a joint agreement to do so; and, VAiERE&S, bids have been advertised in accordance with the law and the City Charter for the improvement of said streets; and, 'JUI➢;REAS, Heldenfels Brothers has submitted the lowest and best bid; NO"N, 'THEREFORE, BE IT OPMINED BY THE CITY COUryCIL OF TE13 CITY OF CORPUS CHRISTI, TEXAS: S3CTICIT 1. that the City LanaZer of the City of Corpus Christi, Texas, is hereby authorized and directed to enter into a contract jointly with Nueces County and Heldenfels Brothers for the improvement of Minnesota Avenue and Carroll Lane, a copy of said contract being attached hereto and made a part of this Ordinance for all intents and purposes. of l S8� PROM? NO- 4 -43 -271 4 -52-M Cour" or SURCES, rim" oh:w or 008PUS 0=13T2, 'rxm" this agreement made this day of 1947, by and between the County of xuaoas, to of Tows, re resen y the Com s- sionersl Court, and the City of Carptas Christi represented by its i +?saves r c e j parties of the first part, and hieldonfels brotbors, their esesutors, aftinistrators, heirs, success*" or assigns, party of the *sea" part - Corpus Christi# Tons, known as the parties or the f City first part desire to enter into eontraat for the i4provemAt of r"dt Projects 1o. 4 -43 -27 4-52 -M in Nmooes Bounty, cosmema at Stat 0,/09 and extead9ing tLnoe to Stations 49}50.8 (4-52-*) and 48/74.4 (4- 43 -2T) or as far as the m ie available will acrostruot in accordance with the pprovisicns of the State Statutes amd of the notice to oastrrotors, speeifisations, proposal, and F14s MAAMd bom"mtnt a=and hereto, and Made part hereof, and WUMXAS, OR the 23rd day of October, A. H. 1948, the City or Corpus Christi, hews, Mudd the County of Rueaee, twmas, entered into an agreement whereb the County Of 9�osa agreed to expend out of the bond Construction said county on this above not out projects, the suet of Five Thousand X50000.00) oliars, and the City of Corpus Wisti, yaws, agreed to egad out of the street Construction rund Ito. 220 of said City, the sun of P'ourteem i'hoaasaad rive Wired (414,500.00) Dollars on the above set out projects; and IMWMp, by ordinance passed by the Cif Council, of ties City of Corpus Ohristi, Joao, oat,August 19, 1947, the City of Corpus Christi, Ilona, appvgpriated the sun of ffiixteen Thousand Hite bred 4$U, 9 ©o. o0) Dollars, instead of the above set out sum of rourtilon ftwusm Five iundred (414,50b.00) bellsrs; and VXXRM, the party of the second fart has boon a aged in and now does such Work and represents that to is fully equipped, eosapoteaht, and capable of psrto2vdng the above desired sad outlined work, and is ready and villing to perform such work in accordance vith the provisions of the attached notice to contractors, specitications, proposal, and plans, marked Road 1wrovoment, now WISMSM Tbat for sated in consideration of the prices and agreement mentioned in the proposal hereto attached and suds part of this contract, the said contractor agrees to do, at his own proper cost and expense, ail the work necessary for the improveammt of Projects so. 4- 43-27; 4-52 -m in - 1 - Nueees County, in accordance with the provisions of the provisions of the attached notice to sontmotors, spesifioatims, proposal., and plans which are made part of this eantr"t, and in .fall 00MV114nae with all of the terser of the specifioatiams and the roquirermts of the Inginser. The sold contractor further agrees to begin the work when ordered by the ttoo ken bridge/Road topen� during construcionforty-five (�►5) working days, and And said County of Auones, State of 'Texas, and City of Corpus Chpilti, Texas, in consideration of the full and true performance of the said York by said contractor, hereby agree and bind themselves to pay to said con- tractor the prices set forth in the attached proposal, and in the manner provided in the attached specifications, in accordance with their mutual agresnauts and the City ordinance above referred to and to the limits therein set out. The Contractor expressly warrants that he has employed no third person to solicit or obtain this contract In his behalf, or to cause or procure the same to be obtained upon ocmpensation in any way contin- gent, in whole or in part, upon such procurement, and that he has not paid, or promised or agreed to pay, to any third person, in considera- tion of such procurement, or in compensation for services in connection therewith, any brokerage, commissions, or percentages; and that all moneys payable to his hereunder are free from all obligations of any other person for services rendered,, or supposed to have been rendered, in the procurement of this contract. He further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract by the party of the first part, and that the party of the first part may retain to its own from any sums due or to become due thereunder an amount equal to any brokerage, commission, or per - eentage so paid or agreed to be paid. In the employment of labor, in the performance of this contract, preference shall be given., other conditions being equal, to honorably discharged soldiers. sailors and marines, but no other preference or discrimination among citizens of the United States shall be made. �Seation 6 of the Act of Congress, approved Pebruary 28, 1919, entitled An Act malting Appropriations for the services of the post Office 1*partment for the fiscal year ending Jluw 3), 1021, and for other purposes." -- Public No. 299, 6511h Congress.) - 2 - IA WITX 33 WXMOF, said partisa L9aretO h V* laersemto est t#ix lsds aed saals at Carp%* Oiristf, Tease, tl» day and 7'O' f1ret ads writtda - ATTa s CITY Or Cce"3 d2li STI, TRW My s APPIROM AS TO L'YUL F=# city atca"07 GOUMASIOMr County ruutor A MEW t County MOW AP!4?OM) AS TO LIML FORM ®may sy y xuAvr SUB= Gam', i'&W Sy _ um—Aty ss 0"re (ft -tilt c} Piret part - Bye Title (Party at the Sassed Part - Co ACTM ) SECTIO14 2. The necessity for providing adequate streets within the City of Corpus Christi and in order to protect the general welfare of the citizens creates a public emergency and public imperative necessity requiring the suspension of the Cheater 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 23rd day of September, A. L. 1947• Gam' P Y R City of Corpus Christi, Texas ATTEST: City ' C &e APPROVED AS TO LEGAL FORM: Mi y Attorney Assistant City Attorney Corpus Christi, Texas September 23, 1947 PO THE Nff,,10B RS OF T P, CITY COC:QCIL 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, el YOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: SJesley E. Seale George R. Clark, Jr. John A. Ferris R. R. <Ienry tl 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 Joe T. Dawson