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)