HomeMy WebLinkAbout02839 ORD - 08/01/1950i
A RESOLUTION
PROVIDING FOR THE INCLWION OF A PROVISION
IN CONSTRUCTION CONTRACTS EXECUTED BY THE
CITY, AS A PART OF THE SPECIFICATIONS THERE-
OF, ENTITLING THE CONTRACTOR UNDER CERTAIN
CONDITIONS TO ENLIST THE AID OF THE CITY IN
OBTAINING IKATERILLS AND EQUIPMENT DARING A
NATIONAL ENE!t GENCY; AND DECLARING AN EMERGENCY.
WHEREAS, The possibility exists that the United States may
enter into a state of National Emergency which could seriously inter-
fere with the acquisition of labor, materials and equipment necessary
for the completion of contracts for City improvements thus making it
impossible for contractors to fulfill their contract obligations and
working a hardship on them, and it is deemed advisable that a means be
provided whereby contracts may be terminated with fairness both to the
City and the contractor;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION1. That the following clause be approved for
addition to the specifications of all future construction contracts,
said clause being:
"Whenever, because of a national emergency,
so declared by the President of the United States
or other lawful authority, authorised to declare
such an emergency, it shall be impossible for the
contractor to obtain substantially all the material
and equipment necessary for the prosecution of the
work with reasonable continuity, the contractor
shall notify the City. If the City cannot after
reasonable effort help obtain priorities for the
materials and equipment, or a substitute satisfact-
ory to the City, within a reasonable time, then upon
mutual agreement of both the City and the Contractor,
the Contract shall be considered as terminated and
the contractor shall be entitled to reimbursement for
the necessary actual teats indurred in the prosecution
of the work, together with such reasonable profit as
may have seemed to date.•
"In order for the contractor to be entitled to
request help in obtaining priorities or invoke the
other provisions of the preceding clause, the contract-
or shall within thirty (30) days after a contract has
been awarded to him furnish to the City satisfactory
evidence that he can make the purchases or binding
commitments for the necessary material and equipment to
do the work called for by the contract."
SECTION 2. The public importance of this Resolution
creates a public emergency and an imperative public necessity
requiring the suspension of the Charter rule providing that
no ordinance or resolution shall be passed finally on the day
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 such emergency and necessity to
exist, requesting the suspension of said Charter rule and
that this resolution be passed finally on the day it is in-
troduced and take effect and be in full force and effect
from and after its passageilT IS So BESOLVED.
PASSED AND APPROVED, This thej_day of ay�
A.D. 1950.
C
OR �
TTEST: CITY OF CORPUS CHRISTI
City Secretary
APP AS TO ISGAL FORM:
City o ney `
Corpus Christi, Texas
1950
TO THE NEIMERS OF TIM CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going 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,
City of �Gorpu. C hristi, Texas
The Charter rule was suspended by the following votes
Leslie Wasserman
Jack DeForrest { il v
Barney Cott
Sydney E. Herndon' —
George L..Lawman
The above ordinance was passed by the following vote:
Leslie 'Aasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon�`��
George L. Lowman Q1,��