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Home My WebLink About02210 ORD - 01/13/1948STATE OF TESAS ¢ COUNTY OF NDECES On this the /,?_ day of January, 1948, the City Council of the City of Corpus Christi, Texas, convened in regular session meeting with the following members of said Council present, to -wits Wesley E. Seale, Mayor George R. Clark, Jr. John A. Ferris Commissioners $. 8. Henry � Joe T. Dawson ➢ M. A. Cage, Jr., City Secretary With the following absent= None, constituting a quorum, at which time the following among other business was transacted* Mr. Beesley Be Seale, Mayor, presented for the consideration Of the Council an Ordinance. The Ordinance was read by the City Seorstaryo The Mayor presented to the Council a communication in writing pertaining to said proposed Ordinance, as follc as Corpus Christi, Texas January 1Y . ighs TO THE CITY COUNCIL Corpus Christi, Texas Gentlemen* The fact that the purchase of machinery as set out in the contract mentioned in this ordinance is essential in order to provide proper facilities for the protection of the health and general welfare of the citizens of the City of Corpus Christi creates a public emergency and/sperative necessity exists for the suspension of the Charter rule or requirement that no ordi- nanos 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 Councilf I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is intro- duced, or at the present meeting of the City Council. Respectfully, G ` City of Corpus Christi, Texas Mr. made a motion that the Charter provision prohibiting ;noes from being passed finally on the date intro- duced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of the ordinance. The motion was seconded by Mr. The motion was carried by a unanimous vote be& City Councils viz: Ayes: Commissioners Clark, Ferris, Henry and Dawson. Nayes: None. Mr. made a motion that the Ordinance be passed finally. The moti was seconded by The motion was carried by the following votes Ayes: Commissioners Clark, Ferris, Henry and Dawson. Nayest None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the Ordinance had been passed. The Ordinance is as followsa AN ORDINANCE NO. AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEAS, TO EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH FAIRBANKS, MCRSE & COMPANY FOR PURCHASE OF MACHINERY AND EQUIPMENT; DESIGNATING AND SETTING Up A SPECIAL, FOND TO DISCHARGE THE CITY'S OBLIGATIONS UNDER THE TERMS OF AFORESAID CON- TRACT, AND DECLARING AN EMERGENCY. wHERKAS, pursuant to authority therefor heretofore given by order of this Council, due advertisement for the purchase of certain machinery and equipment in connection with the Bay Front Protection Pro- ject of the City was made in accordance with the requirements of law; and WHEREAS, pursuant to said advertisements and on December 23, 1947, bids were tendered this Council for the sale of such machinery and equipment and were at such time publicly opened and considered; and WHEREAS, thereafter and on December 30, 1947, this Council, upon due oonsideration, accepted the bid or proposal of Fairbanks, Morse & Company for the sale to the City oft Item 1. Pump Plant A. Engines, Pumps, Gears and Equipment . . . . . . . 0109,754.00 Item 2. Pump Pleat B, Engines, pumps, Gears, Motor Operated Pump, and Equipment . . . . . . . . 44.281.00 Total . .. 0154,035.00 -2- said acceptance being hereby confirmed, which machinery is the same type as stipulated in the notice to bidders published as aforesaid; and WHEREAS, the said bid or proposal of Fairbanks, Morse & Company has been accepted and is hereby declared to be a valid and binding con- tract of the City of Corpus Christi, Texas; and WEEREAS, it is the judgment of this Council that authority should be given the City Manager to execute said contract for and on behalf of the City and authority should be given the City Secretary, to attest said contract in his official capacity and on behalf of the Cityj and WMMEAS, it is further the judgment of the Council that pro- vision should be made for payment of the contract price of said machinery in accordance with the terms of sale set forth in said contract and that said payment s4puld be made from funds available for this purpose and there are sufficient funds available for this purpose in Seawall and Break- water Construction Fund No. 258; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS& SECTION 1. That the findings and declarations made and Con- tained in the preamble hereof be and same are hereby adopted as the findings and judgment of this Council and as a part of this Ordinance. SECTION 2. That the City Manager and City Secretary are hereby empowered, ordered and directed to execute formal contract between the City of Corpus Christi and Fairbanks, Morse & Company for the sale and purchase of the aforesaid machinery and equipment. SECTION 3. That the sum of 0154,035.00 now in hand in the City Treasury, legally available to pay and discharge the City's obligations under the aforesaid contract with Fairbanks, Morse & Company, be and the said sum is hereby pledged to said purpose. The Director of Finance is hereby ordered and directed to set aside said sum in a special fund to be designated Fund No. 258, Fairbanks, Morse & Company Contract, and to make payments therefrom for, and only for, discharging the City's obliga- tion under the terms of the aforesaid contract upon vouchers or warrants duly drawn against said special fund. -3- SECTION ia.. The fact that the purobase of machinery, as set out in the contract mentioned in this ordinance, is essential in order to provide proper faoilities for the proteotion of the health and general welfare of the citizens 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 resolu- tion shall be read at three several meetings of the City Council, and the Mayor having deolared that suoh publio 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 _/—? day of January, A. D. 1948. -722� - /-;, __ 4WOR City of Corpus Christi, Texas ATTEST: Corpus Christi, Texas January _,a_, 19119 TO THE CITY COUNCIL Corpus Christi, Texas Gentlemen: The fact that the purchase of machinery as set out in the contract mentioned in this ordinance is essential in order to pro- vide proper facilities for the protection of the health and general welfare of the citizens of the City of Corpus Christi creates a public emergency and an imperative necessity exists 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 require- ment and pass this ordinance finally on the date it is introduoed, or at the present meeting of ,the City Counoil. Respectfully, YUR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Wesley T. Seale George R. Clark, Jr. John A. Ferris R. R. Henry G� Joe T. Dawson The above ordinance was passed by he following vote: Wesley E. Seale George R. Clark, Jr. / /me, John A. Ferris �` R. R. Henry Joe T. Dawson G� Z/D