HomeMy WebLinkAbout02270 ORD - 05/11/1948AN ORDINANCE 2 2 90
RATIFYING THE EXECUTION OF A CONTRACT EXECUTED
BY THE CITY MANAGER ON BEHALF OF THE CITY ON THE
7TH DAY OF MAY, 1948, 'KITH F. W. HELDENFELS, TRUSTEE
FOR HELDENFELS BROTHERS CONCERNING THE INSTALLA.- '
TIM OF WATER AND GAS LINES IN BALDWIN PARE SUB-
DIVISION AND DECIARING AN :3MGRTCY,
WHERE S, on the 22nd dey of April, 1948, the City Council
by Ordinance No. 2261 authorized the City Manager to execute a oontract
with Heldenfela Brothers, a copy of said contract being set out in
said ordinance; and,
WHEREAS, it was requested that said contract be emended in
paragraph one of same and such amendment was found to be acceptable to
the City Council; and,
WBEIR3a S, said contract with such amendment was duly executed
by both parties on the 7th day of My, 1948;
NCIT, T=EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the contract made and entered into by the
City Manager with Heldenfels Brothers on May 7, 1948, is hereby ratified
and authorized by the City Council, a copy of said contract being attached
hereto and made a part hereof for all intents and purposes:
C ,V]0
STATE OF axes q
CauETx aF MUMCES q
N1i3REeS, Holdenfels Brothers, acting through F. h. Roldeatels,
Trusts, of Nuwes County, Texas, are the awoore and developers of
Baldwin Park Subdivision in the City of Corpus Christi. Texas, and are
desirous of supplying water and rAs to the said Subdivision;
NOW, Tia,&FCRs, this agreement made and entered into this
the day of Afg, . D. 1948, by and between the City of Corpus
Christi, Texas, a munioipal corporation, aotinb by and through its duly
authorised agonte, hereinafter called -City-, and neldenfols Brothers,
acting through ?a 1. ioldenfels, trustee, of gueoes :ouuty, Texas, here-
inafter termed "Developer",
19 I T A x S S S T R.
1.
The City agrees to furnish the "Developer ties following described
water pipe end fittings, to -Tit,
y`uantity
item
2900w
6" C.I.M.J. ripe
4600,
4" C.I. ?..J. 'ripe
2" Galv. Steel ripe
1
24 x 6 Tapping 31eeve & Valve
24 z 4 Tapping Sleeve o Valve
1
8 x 6 Tapping Sleeve k Valve
1
8 x 4 Tapping Sleeve @ Valve
10
6" H. F. Gate Valves
13
4" :1. 8. Gate Valve:
3
2" Brags Leta valvetl
4
Fire 4drants
1
6 z 6 oros■
4
6 x 4 Crosses
8
6 x 6 Tees
3
4 x 2 Style 80 Dressers
4
6" 1/8th. Send
12
4" Oth. Bend
3
4
4" i/i.th. sends
6 x 4 Rod. .re "
31
36
Vale saxes a Lid.
2
Long axtenslong
b z 2 Stodge Nipples
1
4 x 2 Swdge Nipple
3
2x2Tows
aad the Developer egress to install said water pips and fittings to serve
Baldwin Park Subdivisim in conformity with the water line layout of said
subdivision prepared by H a H 3ngineerin, Oo p=W and on file in the
office of the Director of publia 4orks of the City of Corpus Christis
reforenne to which water layout plan is hereby made for all intents
and purposes, said installation of said water line to be at the expense
Of Said Developer. All work conditioned upon action by City Council in
zoning Baldwin Park Subdivision as per Zoning Ordinance passed say 5, 1948,
but without prejudice to developers right to request re- zoning,
2.
Hawsver, said Developer agrees to return to the City at its
warehouse the following deeoribsd water pipe and fittings, to -mite
quantity
I`."
109
pieces of 6" xx Si®plcs Pipe -Class 150 -161 Lsn&th
342
pieces of 4 ^' xx Simplex Ape -Class 150 -164 Langth
6
6" zc ;LmPl— T's - .11 ands x:
a
4" a simplex T'a - all ends xz
5
6x4" xx ample. a rose - .11 and.
3
4e 900 L's - both end* xx
14
V 450 Bend - both ends xx
2
6 Z b" xx Heduces ssm11 end xx, other plain
2
6 l 2" xx Reduces small and xx, other plain
2" end fits steel pipe
7
4 x 2" a Reduce. small and xx, other plain
6
6" List U. Hub nod ante valves
17
4" Ditto
1
24" x 6" Yapping Sleeve S Valve
2
24 x 4" Tappi% heaves a Valvee
1
Be x 6" Tapping Sleeve & salve
1
Be x 4" Tapping Sleeve a Vulva
31
Ve1va 'des for above Valves, 316" Trench
62
Long ;:xt.
31
;¢-ter lids
4
5" aydrants, 3,6" Trench, 6" :Lab Inlets
Ground Lana Flanges 2 - 2q" nose Nozzles,
1 - Steamer Connection Hydrante sainted fled
- Aluminum oape k domes, Open Loft
said pip. to be turned over to tin City in the month of July, 1,,148. if
possible, but in no event
later than six months from the date of this
contract. The Developer
oovenanu and agrees that the pipe to be deli -
vexed by it to the airy above
mantioned, -hall be free and clear of all
U.— and onoumhraaoes.
3•
Developer has placed in escrow with the Guararty 'Title and
Trust Company the rum of 'Con Thousand Three Muadred and Thirty -tares
Dollars and Thirteen Dents ($10.333.13), which is to be hold by said
Ouaranty Title and 'Trust Company until Developer has turned over to the
City the pipe and fittings mentioned in the pracodink paragraph in
a000rdenoe with the terms of this contract. Then Sad in such event, and
upon proper evidence being had that said pipe and fittings have been
paid for and no liana or anoumbrauoes are against them, then the
esoraw agent is to turn over said ena of money held in ..stow to the
Developer. But in the event the Developer fails to deliver to the
City the pipes and fittings desoribed above within not later than six
montha from tie date of this instrument, then tho **arm agent is to
turn over to the amity time &aid mum or sio,333.13 end maid sum is to
be used by said city to reimburse it for the cost of pipe and fitting.
used in said Puldwin Fark Subdivision.
However, it is understood and agreed that if and raen a
Portion of -aid pip- is tutted over to the City by the Developer, free
end clear of all liens and enoumbrauoee, prior to six =nths from the
date of this instrument, then the proportionate part of the money held
by the escrow agent equivalent to tSe value of such pipe and fittings
shall be at such time turned over to rho ':,sveloper by the escrow scant,
it being the intention of the parties that the pipe and fittings may be
delivered in portions less than the whole during the period of sin
rmuths Pram the date of this instr ert and the escrow a;;rent is aut4arisad
to release the correspondizj; aaount of money to the ..eveloper equivalent
to rho cash value of such portion of said pipes and fittings delivered.
%.
Th. tJty agrees to conatract and install at it. _ wxpaame
the necessary- gas lines to serve 'aid Baldwin Park Subdivision, as
determined by the Uapartmw,t of public Utilities of said City.
5.
It is further agreed and understood that upon completion of
this work all water and gas lines planed in said subdivision are to be.
case the property of the said City. ?®d it is understood end agreed that
the developer conveys by the execution of this instruaeat all right.
title. interest and pima he nmy have in and to any, and all water and
gas lines installed in.a000rdence with this agreement.
6.
It is understood and agreed that the Developer will begin work
on installing said water and gas lines ae soon as reasonably possible,
and will proseoute the work diligently to oonolusion, in accordance
with the terms hereof, but it is understood that said work is to be
completed within one year from the date of this instrument. It 1.
further understood and agreed that the parties hereto will cooperate
with each other and that developer will hold up oonstruction of the
Parini of the streets in maid eubdivieion until the said water and me
linen have been laid, provided. however. that should any street be
already laid, and it is neo•esarys in the course of complyinL with this
oontraot, that the City dig up aw part of said stroat or streets, the
City shall fill up such holes or ditch@, as it may have dub, but the
City is Under no obligation to regrede, resurface or retop any of such street
or streets.
IS WIT;a &SS ''UMOF, the parties hereto have executed these
Present, this the M day of A=, D. 1945.
CITY OF C01U-US CMII-TI, M&S
AMSTk
City brer
City ;;,sore
AP£icvxu AS rc LXAL F W1
City A torwy
HEI:�gYFEL3 ikR:7fH$1tS.
Assistant Cy Attorney
P.
a • , ras
THE STATE OF TEXAS Q
COUNTY OF N''TCC &S E
8&FCU M. the undersigned authority, on this day pna
ersolly
a
ppeared 3. n. 111—. City 3tauager of the City of Corpus Christi. Texws.
kacen to se to be the person whose name is subscribed to the forobaing
instrument as City Manager of the City of Corpus Christi, and acknowledged
to as that he executed the Same in the capactiy as such City Manager, for
the purposes Mod oonsideration therein expressed and as the act and deed
of said City of Corpus Christi.
A=m Given under No, hand and Neal of office this the
. A. 1). 1946. _ day of
Notary o or was
County. Taxes
THE STATE OF TEXAS I
COUNTY OF NUECES q
3&:M]; 12, tho undersigned authority, on this day personally
appeared F. 7i. eldesdels, Trustee for Holdenfels Brathers, known to me
to be the person whose nsme is subsoribed to -Ihe for*Loing instrument
u Trustee, .nd uoko+amladyed to me uliat cited the —o in the
oapaolty u .uah T—t.., for tho purpoao. and c n.lderatlon therein
axprss.ed and a. the at and deed of ..id Jeld nf.ls 3.%here.
�/,y, CXVi;id under DV hand and ueul of office thSa tae day of
y'7—. A. D. 19W.
Notary Publi. n a oar uaoec
County, Texas
SECTION 2. The necessity for providing odequat. water and
gas facilities for the citizens of this City 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, end 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 _'ZL day of May, A. D. 1946.
--
D e
City of Corpus Christi, T.—
ATTEST:
vIvy a9 ;r Wy
APPROVED AS TO LEGAL FOMTi
1 torney
Aeaiatan Attorney
Corpus Christi, Texas
May // , 1948
TO TIM hSEMB -M OF TIE CITY COUNCIL
Corpus Christi, Texas
Gentlemanc
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 solution shall be read at
three meetings of the City Council; 1, 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,
� C
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley S. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordinance was passed by a following vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson