HomeMy WebLinkAbout02979 ORD - 01/23/1951AN ORDINANCE ,
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY TO EXECUTE A CONTRACT WITH W. L.
REA CONTRACTOR FOR THE CONSTRUCTi�Ot-ff—A SANITARY SEINER
MALL LANE FROM HOUSTON STREET TO CA
ROAD IN1NiMT TD PROVID NOR OUTH ASUB_
SiVLSION TO THE CITY; PROVIDING METHOD T Y
RIBUANCE OF SECOND LIEN SANITARY SEM SYSTEM REVENUE
WARRANTS TO BE KNOWN AS— CITY OF CORPUS CHRISTI TEAS
0 D LIEN SANITARY SEW
SERIES '; MW TERMS CF SAID WARRANTS; AND DECLAR-
ING AN EMERCENCY.
WHEREAS, The City Council of the City, of Corpus Christi has
deemed it necessary for and approved the plans and specifications for
the construction of an extension to the sanitary sewer system of the
City of Corpus Christi, said extension being a sanitary sewer main in
Carroll Lane from Houston Street to McArdle Road in the City of Corpus
Christi, Texas; and
WHEREAS, It has been determined by the City Council that it
is to the best interest of the City of Corpus Christi, Texas, to fin.
Once the said construction by the issuance of sanitary sewer system
revenue warrants, and
WHEREAS, A contract has been awarded to Wayne L. Rea for the
construction of said sewer System extension in accordance with the plans
and specifications and the contract documents on file in the Office of
the City Secretary, and according to the bid of said Wayne L. Rea, said
bid being the lowest and most advantageous to the Citys
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXASr
SECTION 1. That the City Manager is hereby authorized and di-
rected for and on behalf of the City of Corpus Christi to execute a con-
tract with Wayne L. Rea, Contractor, for the oonstrnotion of a sanitary
sewer main in Carroll Lane from Houston Street to McArdle Road, to serve
South Park Subdivision to the City of Corpus Christi, which contract has
been awarded said Wayne L. Rea, Contractor, in accordance with the plans,
specifications and contract documents on file in the City Secretary's Of-
fice, and made it part hereof by reference, and according to the Bid of
said Wayne L. Rea, Contractor, being the lowest and most advantageous to
the City, said hid having been opened on the 16th d,v of January, 1951.
SECTION 2. There is hereby appropriated the actual cost of
such extension to the Sanitary Sewer System of the City of Corpus Christi,
Texas, by the issuance of warrants as hereinafter provided, such actual
cost being determined by the application of the unit bid to such improve-
ments, and such actual cost, if different from the sum of $26,304.10,
shall be determined by the Director of Public Works of the City of Corpus
Christi, Texas, upon c®pletion of the said sewer system extension and
such determination by said Director of public Works shall be final and
binding upon all parties concerned.
SECTION 3. That to nrovide funds for the payment of the actual
cost of said extension to the City of Corpus Christi Sanitary Sewer System
there is hereby authorized, pursuant to the Statutes of the State of Texas,
including and particularly Articles 1111 a and 2368 a, Revised Civil
Statutes, and there shall be issued "City of Corpus Christi, Texas,
Second Lien Sanitary Sewer System Revenue Warrants, Series 1951 ", aggre.
gating the sum of $26,304.1o, or the increase or decrease of such con-
tract amount by the application of the unit bid to the work actually
done and as fina17,y determined by the Director of Public Works of the
City of Corpus Christi, Texas, as hereinbefore provided, such contract
amount not in any event to exceed $2920DO; said warrants to be Numbered
One (1) to Six (6), both inclusive, of denominations as follows; Nos. 1,
2, 3, 4, and 5 shall each be in the sum of $$,000.00 and No. 6 shall be
in the amount of $1304.10 or in such amount in excess of $2$,000, as the
Director of Public Works shall find the actual cost of such extension
Of the sanitary sewer system to be, said warrants to be dated as of date
of acceptance of said sanitary sewer system. extension by the City of
Corpus Christi, Texas, and shall bear interest at the rate of four and
one-half per cent (4¢11) per annum, such interest to be paid annually
on the anniversary of the date of acceptance. Said warrants shall ma-
ture as follows; Warrant No. One (1) on or before one year from date '
of issue; Warrant No. Two (2) on or before two years from date of issue;
Warrant Noe Three (3) on or before three years after date of issue; -
Warrant No. Four (4) on or before four yearsafter date of issue; Warrant
No. Five (5) on or before five yearsafter date of issue; Warrant No. Six
(6) on or before six years after date of issue. ,
Each of said warrants shall be signed by the Mayor, on behalf
of the City of Corpus Christi, Texas, and attested by the City Secretary
of said city. and shall be payable (and shall so provide) only out of
the revenues of the City of Corpus Christi Sanitary Sewer System, after
the deduction of reasonable operation and maintenance expense and all
other expenses and deductions provided and allowed by the statutes of
the State of Texas in regard to the issuance of warrants and bonds
pledging the revenues of Water and Sewer Systems of cities, and the
payment of the amounts required for the payment of the following des-
cribed bonds, the bond fund, the sinidng fund and all other payments
required in connection with "City of Corpus Christi, Texas, Sanitary
Sewer System Revenue Bonds, Series 193511 and the deed of treat secur-
ing the same, in accordance with the provisions of Ordinance No. 559,
passed and approved by the City Council of the City of Corpus Christi,
Texas, on November 4, 1935, and the said warrants shall be, and shall
so provide, that they are second and inferior to the said Series 1935
Sewer System Revneue Bonds, and that the lien securing said warrants
shall be second and inferior to the liens securing the said Series 1935
Sewer System Revenue Bonds. Said warrants shall further provide that
the holder shall never have the right to demand payment of said warrants
out of any funds raised or to be raised by taxation. Said warrants
shall be payable to the City of Corpus Christi, Texas.
SECTION 4. The form of said warrants shall be substantially
as follows:
No.
Corpus Chris ,Texas
1951
UNITED STATES OF AMERICA
STATE OF TEXAS
- COUNTY OF jNUECES
CITY OF CORPUS CHRISTI
SECOND LIEN SANITARY SEER SYSTEM WARRANT
- SERIES IM -
The City of Corpus Christi, in the County of Nueces, in the
State of Texas, for value received, hereby acknowledge itself indebted
to and promises to pay to Wayne L. Rea, of Nueces County, or his order,
on or before years from date hereof, the 'sum of $
DOLLARS in such _
funds as are, on said date, legal tender for debts due the United States
of America, with interest thereon from date at the rate of four and one-
half (ki$) per cent per, annum, payable annually on the anniversary of the
date hereof until the principal am shall be paid; both principal and ins
terest being payable at the office of the City Treasurer, in the City of
Corpus Christi, Texas.
This warrant is subject to the condition and every holder here-
of by accepting the same agrees with obligor and every subsequent bolder
hereof that the obligor and any agent of obligor may treat the holder of
this warrant as the absolute owner hereof forall purposes and shall not
be affected by ary notice to the contrary and that the surrender of this
warrant to the obligor or any agent of obligor shall be a good discharge
to the obligor for the same.
This warrant is one of a series of warrants of like tenor and
effect except as to denomination and maturity, numbered one (1) to six
(6) both inclusive; Nos. 1 through 5, inclusive, being in the principal
sum of $5,000 each and No, 6 being in such amount as the amount of the
actual cost of the extension of the City of Corpus Christi, Texas, Sani-
tary Sewer System, as authorized by Ordinance No, of the
City of Corpus Christi, Texas, exceeds $25,000.00 as finally found and
determined ty the Director of public Works of the City of Corpus Christi,
Texaa, said warrants being in the approximate amount of $26,3011.10, and
issued by the City of Corpus Christi, Texas, for the purpose of secur•.
ing funds to construct an extension of the Sanitary Sewer System of said
city.
This warrant and the series of which it is a part constitutes
special obligations of the City of Corpus Christi, Texas, payable only
out of the revenues of the City of Corpus Christi Sanitary Sewer System,
after the deduction of reasonable operation and maintenance expense and
all other expense payments and deductions provided and allowed by the
Statutes of Texas in regard to the issuance of warrants and bonds pled-
ging the revenues of Water and Sewer Systems of cities, and the payment
of the amounts required for the payment of the following described bonds,
the bond fund, the sinking fund and all other payments required in connec-
tion with "City of Corpus Christi, Texas Sanitary Sewer System Revenue Bonds,
Series 193511, and the deed of trust securing the same in accordance with
the provisions of Ordinance No, 5593 passed and approved by the City Coup-
- oil of the City of Corpus Christi, Texas, on November 4. 1935, and this
warrant, and all of the series of which it is a part, is second and in..
forior to the said "City of Corpus Christi, Texas, Sanitary Sewer System
Revenue Bonds, Series 193511, and the lien securing this warrant, and the
series of which it is a part is second and inferior to the liens securing
the said "City of Corpus Christi Sanitary Sewer System Revenue Bonds,
Series 1935 ". The holder hereof shall never have the right to demand pay-
ment of this obligation out of any funds raised or to be raised by taxa-
tion.
And it is hereby certified that the issuance of this warrant and
the series of which it is a part, is duly authorized by law; that all acts,
conditions and things required to exist and to be done precedent to and in
the issuance of this warrant to render the same lawful and valid have been
done.
Itd TESTIMONY WHEREOF, The City Council of the City of corpus
Christi, Texas, has caused the seal of the said City to be impressed here-
on and this warrant to be signed by the Mayor and countersigned by the City
Secretary.
MA R
COUNTERSIGNED: The City of Corpus Christi
City secretary
SECTION 5. That the necessity for adequate sanitary sewers with-
in the City limits in order to protect the health and general welfare of its
citizens creates a public emergency and an imperative Public necessity re-
quiring the suspension of the Charter rule that nc ordinance or resolution
shall be passed finally on the date of its introduction and that such ordi-
nance or resolution shall be readat three several meetings of the City Coun-
cil, and the Mayor, declaring such emergency and necessity to exist, having
requested the suspension of said Charter rule and that this ordinance be passed
finally on the date of its introduction, and take effect and be in full force and effec
and after its passage, IT IS ACCORDINGLY SO ORDAINED,
PASSED AND APPROVED, This the day of January, 1951:
MAYOR
Tt The City of Corpus Christi, Texas
Gity Secretary
APP VED AS LEGAL FOR4fs
UlMy oru3
Corpus Christi, Texas
, 195
TO THE MEMBERS OF THE 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,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott "
Sydney E. Herndon��°!
George L. Lowman
The above ordinance was passed by the following vote:
Leslie Yasserman
Jack LeForrest -
Barney Cott -
Sydney E. Herndon
George L. Lowman
13
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It ist.recommendad that a contract be awarded to W. L. Rea Construction Co.
rs-7 on�tb�ir low bid of 626,304 -10, which was an alternate bid calling for
trbated concrete pina.
Phis recommendation is concurred in by Mr. John Cunningbamj Superintendent
.y �. of Utilitiesx and it is further recommended that the contract provide for
. payment by warrents to the contractor. Final execution of this contract
should be subject to acquisition of right -of -way on Carrol Lane Extended
between Collihar Road and McArdle Road. -�i y3•Sy
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