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HomeMy WebLinkAbout02816 ORD - 07/06/1950TEXAS: A14 ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVI14G WATER STREET, WITHIN THE LIMITS HEREINBELOW DEFINED IN THE CITY OF CORPUS CHRISTI, TEXAS, PERFORMED BY Mme? CONSTRUCTION CO., INC., APPROVING AND ACCEPTING AND APPROVING THE MAINTENANCE BOND FURNISHED BY N-J CONSTRUCTION CO.,.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, SECTION 1. That the work of improving the following street and portions thereof in the City of Corpus Christi, Texas, to--wit: WATER STREET from the north property line of Fitzgerald Street to the south property line of Furman Avenue 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 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 a 6-inch concrete base, and the construction thereon of a 1--,� inch asphaltic surface course, together with other necessary incidentals 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 accordance with the terms and provisions of the contract and the plans and specifications therein contained, dated January 28th, 1949, being between the City of Corpus Christi, Texas, and M -J Construction Co., Inc., and the Director of Public Works of said City having examined, measured and caused to be tested said contract and the plans and specifications therein contained, and said Director of Public Works having found that such improvements have been constructed and completed in full compliance with the terms and provisions 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 M—J Construction Co., Inc.; and the said M —J Construction Co., Inc. having heretofore furnished to and filed with said City Council its five —year Maintenance Bond 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 dill 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 Maintenance Bond filed and approved, all in full compliancy, with said contract and plans and specifications therefor, same are hereby found to have been performed and completed by said M—J Construction Co., Inc, in full compliance with the terms and provisions of said contract, and the plans and specifications therefor, and sane 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 M—J Construction Co., Inc. special assess- ment certificates evidencing the assessments against property improved abutting upon said Water 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, Texas, has agreed and obligated itself to issue and deliver to said M—J Construction Co., 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 directed to executer said certificates in their official capacities on behalf of said dity, and deliver same to said M-J Construction Co., Inc.; and further that the City Controller of said city is hereby authorized to make payment to said M-J Construction Co., Inc. of the final estimate for amounts due from said city for such improvements out of funds heretofore appropriated for payment of same. SECTION 3. The fact that permanent street improvements within 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 Water Street, create a public emergency and an imperative public necessity, requiring the suspension of the Charter Rule or requirement 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 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 the —�-- day of A.D. 1950. MAYOR City of Corpus Christi, Texas TT City Secretary APPROVED: City Attr ey Corpus CChris /ti, Texas C�^ _ 4r........_, 1950 TO THE ME11TER.S 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, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest j Barney Cott) Sydney E. Herndon' George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman (� Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman Mrs INTERR- OFFICE COMMUNICATION Public Works To w• B. Collier, City Manager From H. H. Stirman, Director of Public Works Date July 3, 1950 Suhincl Final Estimate - Water Street Paving Project Attached are copies of Estimate No. 5 and Final covering work com- pleted by M & J Construction Compar7 on Street Improvements - Water Street from Furman avenue to Fitzgerald Street. This work has been performed in accordance with the plans and speci- fications and all material incorporated therein have been tested. It is recommended that Council Authority be obtained for the accep- tance and final payment of this project. The attached estimate has been prepared and checked by this department. Please return the voucher and estimates to this office for transmittal to the Contractor. be Attachments CCs I. M. Singer f i" CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF PUBLIC WORKS - ENGINEERING & CONSTRUCTION DIVISION CONTRACT MONTHLY ESTIMATE ?roject Water street Paving - Furmn to Fitzgerald on uo on ompatpr Est. No. 5 and Final ontractor: Date duce 3O, 1950 P. 0. Box 1111, Beeville, Texas Sheet 1 of 1 No. o - Item Description t- s Total Work Dona on Cont. Contract Unit Price Amount 1. 2a. Excavation Gravel Concrete Bate up T53 53,6J�o S 00 ,93 � 3. Hot -Yiz Asph. Cone, Surface concrete 590i i+ 2,60 r3 -70 i9,548.00 37,5$8.t30 4. 5. curb & Gutter- Concrete Sidewalks, 9, 7 1-45 13,988.15 6. In]ate (5t)� 7fi,=� 7 72,73,0 0.33 23r991t -30 7. Inlets (81) 7 150.00 1,050*00 S. Reinf. Cons. ripe (p4m) L.F. 24 21`1 X8.00 192400 9, Rsinf. Gottc. Pips; (18") LsF. 3142 92 7.80 717.60 10. Reaa►ing 0ld Structures Ea. 140 61 35*OO 2,135„00 Extra Work — Agreed Price Installing 2" Underground 0utbt 1a,05ae4 0.140 1x,820 Reinf. 0ono. Pipe (15") Reinf. Gone. Pipe (I24) 33 7.50 -96 247.50 1.98 7.00 1,38640 Extra Work - Force Account "otatesent in Files 806.2 20AS7.74 sub -Total Less Property Owners Share - From Assessuent Roll 7,057.26 :rtified Chief of Engr. &. Coostr. Iproval .commended b „Date � 'Director of Publi Works -proved: �� %�- Date_�i?> City Manager Total Work Done 86.Jt�eJtA Retained 0.00 Amount Payable 86,130 18 Previous Payments 55,050 „4. Due This Estimate 31.379.6& Estimate CheckeO__T/3/5-0_Date MAINTENANCE BOND THE STATE OF TEXAS I COUNTY OF NUECES I KNOW ALL MEN BY THESE PRESENTS: That M -J CONSTRUCTION COMPANY, INC.! a corporation, As principal, and NATIONAL SURETY CORpORATION, a corporation organized under the laws of State of New York, and as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Corpus Christi, a municipal corporation chartered by virtue of a Special Act of Legislature of the State of Texas, at Corpus Christi, Nueces County, Texas, the sum of Two Hundred Forty Three Thousand Four Hundred Eighty Seven and 71+/100 - - - - - Dollars ($ 21+3,1+87 - A for the payment of which sum well and truly to be made unto said City of Corpus Christi, and its successors, said principal and sureties do hereby bind themselves, their assigns, and successors jointly and severally. This obligation is conditioned, however, that whereas, said X —J CONSTRUCTION COMPANY INC- has entered into a written contract with the said City of Corpus Christi to build and construct the paving and widening of Water Street, from Fitzgerald to Furman, in Corpus Christi, Texas, which contract and the plans and specifications therein mentioned adopted by the City of Corpus Christi are hereby expressly made a part hereof as though the name were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that th Contractor will maintain and keep in good repair the work here- in c ..;_ ,aged. to be done and performed for a period of ( ) years f: -ora the date of acceptance, and to do all necesJUyfibackffling that na, L_:-_3e on account of sunken conditions in ditches, or otherwise, an,:-„o '_c .alrd perform all necessary work and repair any defective condi- tior, gr^ Ar'_ng out of or arising from the improper joining of the same, or on account of any breaking of the same caused by the said Contractor, in laying cr building the same, or on account of any defect arising in any of said parts of said work laid or constructed by the said Contractor, or on account of improper excavation or backfilling; it being understood that the puz•pose of this section is to cover all defective conditions arising by . reason of defective materials, work, or labor performed by the said Contractor, and in case the said Contractor shall fail to do so, it is agreed that the City.may do said work and supply such materials, and charge the same against the said Contractor, and sureties on this obligation and the said Contractor and sureties hereon shall be subject to the :LicpiidaCed damages mentioned in said contract for each dayts failure on its part to comply with the terms of the said provisions of said contract; NOIl', THLRYORE, if the said Contractor shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of ( ) years, as provided, then these presents shall be nullF"evoid, 4 have no further effect, but if default shall be made by the said Contractor in the performance of its contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Corpus Christi shall have and recover from the said Contractor and its sureties damages in the premises, as provided, and it is further understood and agreed that this obligation shall be a continuing one against the principal and sureties hereon, and that successive recoveries may be had hereon for successive breac:_e^ until the full amount shall have been exhausted; and it is further tnderstood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN 6ITNESS WHMEOF, the said Haq CONSTRUCTION COMPANY, INC-, a corporation, has caused these presents to be executed by ,T. C. Ramirez, its president and the said NATIONAL SUtMY CORPORATION has caused these presents to be executed by its attorney -in -fact and the said attorney - 117. -fact has hereunto set his hand this the 30th day of June 19 "_ SURETY NA�Pi6 B� By amin GordK) t orney in r a.c PRINCIPAL By ti11t1i P e dent. ATTEST: Secretary grk� Surety �/ (NOTE: Date of Maintenance Bond must not be ;prior to date of Contract)