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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,��