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HomeMy WebLinkAbout03060 ORD - 06/05/1951AN ORDINANCE RECErID G AID eCBFTIl•:G THE WORK OF UIPROVING STATER STREET (CMUI MrVE), HANCOCK AVEfvM AIM PARK AVENUE .6MUSION, WITHIN THE L22MS IMEIN- MO-1 DEEMED, IN THE CITY OF CORPUS CHRISTI, TEXAS, PERFORIED BY HELDMFELS MOTHERS; APPROVING A14D ACCEPTING THE Pik=ANCE BOND VMaSHED BY HF--DENFEIS BROTHERS IN CGI•L%ECTIOI7 WITH SAID STORK; AUTHORMIIT AND DIRECTING THE ISSUANCE OF SPECIAL ASSESSIEEIT CERTIFICATES AND DECLA33idG AN EIERGENCY. BE IT ORMINESD BY TIC CITY =I-TC r. 0? THE CITY OF CORPUS CHRISTI, TEXAS: SECTIOII 1. That the work of improving the following streets and portions thereof in the City of Corpus Christi, Texas, to -wit: WATER STREET (Ocean Drive) extension from the South boundary line of Furman Avenue to the North boundary line of Buford Street HANCOCK AVENUE from the Nest boundary line of Slater Street (Ocean Drive) to the East boundary line of Second Street PARK AVENUE extension from the East boundary line of Chaparral Street to the West boundary line of East Shoreline Drive by raising, grading, filling, widening, paving, repaving or repairing same, by the construction, reconstruction, repairing, or re- aligning concrete curbs and gutters where the Director of Public Storks determines adequate curbs and gutters are not now installed on proper grade and line, and by constructing such storm sewers and drains, together with all other necessary incidentals and appurtenances, all as deemed adequate by the Director of Public Storks and as provided for in the plans and specifications for such improvements; said paving to consist of the construction, reconstruction, or repair of a six inch (h") compacted caliche base course and the construction thereon of a substantial wearing surface of two inch (211) hot asphaltic surface course, and the doing of other work incident thereto, all as provided for in the plans and specifications of such improvements, havin.- been performed and completed in accordance with the terms and provisions of the contract and the plans and specifications therein contained, dated January 23, 1951, being between the City of Corpus Christi, Te;:as, and Heldenfels Brothers, and the Director of Public Works of said City having 1— examined, measured and caused to be tested the finished improvements by the means and manner provided by the terms of said contract and the plans and specifications therein• contained, and the said Director of Public Works having found that such improvements have been r' 26&0 Q 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 the Certificate of Final Acceptance and so certified to said City Council and recommended that such City Council accept and receive said work and the improve- ments as constructed by said Heldenfels Brothers; and the said Heldenfels Brothers having heretofore furnished to and filed with said City Council its five -year Iaintenance Bond in the amount, and executed by a corporate surety, as re,uired and provided in said plans and specifications, and said Yaintenance Bond having been found by said Director of Public Works and said City Cotmcil to be in proper form, amount and executed by an approved corporate surety, and having been approved as being in full compliance x3th the requirements of said contract and the plans and specifications therein contained; and said work and improvements having been found by the layor and City Council of said City to have been performed and completed, and said 11aintenance Bond filed and approved, all in full compliance with said contract and plans and specifications therefor, same are hereby found to have been performed and corr>leted by said Heldenfels Brothers in full compliance with the terns and provisions of said contract, and the plans and specifications therefor, and same are here now accepted and received by the City Council of the City of Corpus Christi, Texas. SECTION 2, That the Idayor and City Secretary of said City are hereby authorized and directed to issue to Heldenfels Brothers special assessment certificates evidencing the assessments against property improved abutting upon said Water Street (Ocean Drive), Hancock Avenue and Park Avenue extension, 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 Heldenfels Brothers 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 execute said certificates in their official capacities on behalf of said City, and deliver same to said Heldenfels Brothers; and further that the City Controller of said city is hereby authorized to flake payment to said Heldenfels Brothers of the final estimate for amounts due from said city for such improve- ments 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 of Corpus Christi 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 adjacert to said Water Street (Ocean Drive), Hancock Avenue and Park Avenue extension, 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 ordi- nance or resolution shall be read at three separate meetings of the City Council, and the 1%yor having declared that such emergency and public imperative necessity exists, and required 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 Hill force and effect from and after its passage, IT IS ACCORDINGLY SO MAIM. PASSED AND APPROVE this the �y of - -_.._. , A.D., 1951. .. IRYOR - - -- -- —� ATTEST: City of Corpus Christi, Teas City Secretary APPROVED: City Attorney CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF PUBLIC , WORKS - ENGINEERING & CONSTRUCTION DIVISION CONTRACT MONTHLY ESTIMATE 'roject 8 Buf rd Rana k ve., a q_, eCond .; an w• . ZJFLW Est. No. 3 & Final ore � ,ontractor: Boa }e ya#'e Date May 31, 1951 ­1�.-OTBox 39-17, carps 012rieti, Tex ®s Sheet 1 of Item No Item Description Unit Proj• Est. Quantities Total Work - Done oa Cont. Contract Unit Price Amount 1. street Exonvatlon - Bas.. O.Y S•X 3,631 8,93'"1 3,827 9,067 2.3 1979 ,993. 16,229x93 2. 3i 6 00ompacted Galiohe Hot Mix Aggregaio (shell) Ton 623, 22 604.95 6-.95 4,904.4o 4A Hot Mix Asphalt (0A -90) To 46.9 49,05 27150 1,348.88 5. Type "F" Hot mix Aggregate' .(Grivgl) To 212*21 262.65 9.50 2,485.67 6, Type "F" Hot Hit Asphalt(OA+ -90 ) To Gale '1101 li340 111.35. 1,745 27.50 0.30 394.63 523.50 7. Be Tack Coat (RC-21 Cono. Curb &clutter L.'• 3,567.4 3,515.3 1.60 5,624.48 lop standard 51.Tn7ete 1144 3' 86 3 91 22,5.00 5.00 675.00 455e00 12. 15" Cow. P1p6 Storm Sewer Corso. u lsy -;latter- L. I;. 339 249 - 1.75 435.75 EXTRA WORK 601 - 2i3d having & elzx avati of interseo ion Park Ave* Evint Hro520.60 602 -. Lrivevra� on dater frost 57►00 boa - Install 2" Elso. Conduit under Park Ave. at Vater Street- 5&.OD 604- Conn. Steps, Water St. Si Isea3k. 104:00 605 - cone.:nrirexgy on Haneoa . 147.50 606 - Copat,DriV6W4 on Hater treat 142.75 607 - Go,1W.1 I)rivas tv on Hanoad 608 - Laval up interseation Park . Ave and West Qlirle'. �• (,69 - Shell Driveway on Rater 3trest 2 5-.75 1�1 al Field Coot 1 . 1.&339-46 Total Extra.�ork 4$,710.15 Total Cost of Project Assessed against Property* s (In f Carpus Chris as a Property a Prop rty er) -16 Goat to City* of Corpus GbrifftI for PkVing partioilwition 25,939.61 ;ertified T" Total Work Done ok_oaR.bi ;orrect: fdd,' ati� t_ r Date— Chief of Engr. & Canett. i %Retained , 0 n_m .pproval recommended: —' Date ��` natip Amount Payable er a - Director of Public Works Previous Payments -- 6,628.80 .pproved: Date Due This Estimate 9.309_81 City Manager Estimate Check ate Corpus Christi, Texas , 1951 TO THE IMMERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public eme rgency and imperative necessity exist for the sus- pension 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, 1, there- fore, 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 14AYCR 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 Wasserman , Jack DeForrrrest Barney Cott Sydney E. Herndon George L. Lowman 3060 ? &INTENANCE BOND THE STATE OF TEXAS II COUNTY OF NUECES KNOW ALL ME14 BY THESE PRESENTS: That Heldenfels Brothers, P. 0. Box ;11917, Corms Christi, Texas As principal, and A2•iRICAN GE�TTMAL INSUi INICE COMPANY . a corporation organized under the laws of Texas with home office in Houston, Texas 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 - - Four Thousand Twenty Seven & 93/100 - - - Dollars ($ 4,027-93) 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 Heldenfels Brothers has this day entered into a written contract with the said City of Corpus Christi to build and construct the Street Improvements Water St. (Ocean Dr.) Ext., Furman to Buford, Hancock P_ve. to 'dater St. To Second St. Park Ave. Extension, Chaparral to East Shoreline Drive 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 the Contractor will maintain and keep in good repair the work here- in contracted to be done and performed for a period of Five ( 5 ) years from the date of acceptance, and to do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and to do and perform all necessary work and repair any defective condi Lion growing 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 or 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 purpose 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 liquidated damages mentioned in said contract for each days failure on its part to comply with the terms of the said provisions of said contract; NOW, THEREFORE, 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 Five ( 5 ) years, as provided, then these presents shall be null and void, and 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 breaches until the full amount shall have been exhausted; and it is further understood `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 WITNESS WHEREOF, the said ' Heldenfels Brothers xhas caused these presents to be executed by and the said AMERICAN CTN-n,R_iL INSU-I'.NCE CC.iP 1ff had caused these presents to be executed by its Attorney -in -fact and the said Attorney -in -fact has hereunto set his hand this the 31st day of May 19 51 SURETY PRINCIPAL AIIERICAld GEIN)"M L PTS. CO. HELDENF'ELS BROTHERS Hinston. Texas Partner By orney in 'act min Gordon ATTEST: Secretary w Surety (NOTE: Late of Maintenance Bond must not be prior to date of Contract) /AMERICAN GENERAL INSURANCE COMPANY HOUSTON, TEXAS No . .... .................. _.._... GENERAL POWER OF ATTORNEY (BONDS FOR Ult LIMITED AMOUNTS) Know All Men by these Presents: That the AMERICAN GENERAL INSURANCE COMPANY, a corporation, duly incorporated under the laws of the State of Texas, doth hereby constitute and appoint ......... R °•.:?63I1I10I' Jam4n G'D•PYism and .......................... ................... ........ _ .................... _ .... _................ of the City of ...................!%Qim'4{ ...Crt]b' .,:'! ............................... State of........... ................. TI M?4............................ to be its true and lawful attorney -in -fact for the following purposes, to -wit: To sign its narpe as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stip- ulations, undertakings or anything in the nature of the same, and to respectively do and perform any and all acts end things set forth in the appended resolution of the Board of Directors of the said AMERICAN GENERAL INSURANCE COMPANY; provided, that the penal sum of no single one of such bonds, recognizances, obligations, stipulations or under- takings shall exceed the su of .............. .. tsle�. &. .............._...................... ............................... ..................... ---Dollars n' i�Ilald os FI�7:�T� ©Is tsuqitbers ($ ) • t e Company hereby ratify ng and conf�rmmg all and whatsoever the said attorney -in -fact may law- fully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation. In Witness Whereof, The said AMERICAN GENERAL INSURANCE COMPANY, pursuant to a resolution passed by its Board of Directors, at a meeting held on the 11th day of September, A. D. 1930, a certified copy of which is hereto annexed, has caused these presents to be sealed with its corporate seal, duly attested by the signature of its President, Vice - Presidents and Secretary this ....._�...'Q= _ ....... day of. ....... ................._?rune......._. ..... A. D. 19._d?�...... (SEAL) ATTEST: ............ . 7.'. a._ gs...` Y',.....:! .................. ........ ............ ... Secretary. STATE OF TERAS, COUNTY OF HARRIS, ss: CITY OF HOUSTON. American General Insurance Company By- ....... ...... ... ._Aa Darrxua �f^� President. On this ............ N?..._.....day of. ..................... ??mnf .._.._ ...................in the year 19.._43..., before me personally came _ ................. _ .......... .... ................. _ ............ - - ....... r. %rl: t..............I........_. to me known, who, being by me duly sworn, did depose and say: That he resides in Houston, Texas; that he is._l�C.!Presi- dent of the AMERICAN GENERAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the Seal of the said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed to such instrument by and under authority conferred by the Board of Directors of said corpora- tion; and that he signed his name thereto by like authority. (SEAL) ............ .........- H;.rrzmi_5ts Dar Notary Public, Harris County, Texas. Resolution Resolved, That this Company do, and it hereby does, authorize and empower its President or any one of its Vice - Presidents, in conjunction with any one of its Secretaries or any one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney -in -fact or attorneys -in -fact, or agent or agents of this Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding posi- tions of public or private trust, guaranteeing the performance of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed; and, in its name and as its attorney -in -fact or attorneys -in -fact, or agent or agents, to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local municipal or otherwise, he allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, condition for the doing or not doing of anything or any conditions which may be provided for in any such bond, recog- nizance, obligation, stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so authorized to be specified in such power of attorney. I, . ...............?:. 51(l2111. ........... _ ............................ _............ Secretary of the AMERICAN GENERAL INSURANCE COMPANY, hereby certify that at a meeting of the Board of Directors of said Company, duly called and held at the office of the Company at the City of Houston, on the 11th day of September, A. D. 1930, at which was present a quorum of said Directors, duly authorized to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the foregoing is a true copy and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and seal of the AMERICAN GENERAL INSURANCE COMPANY, this ............. 2t:h .....day of. ......................... _. Jun ....................... A. D. 19... !1.5...... ......._............�a...k n...z }P1 7 ....... ......... _............................................ (SEAL) , - Secretary. STATE OF TEXAS, ss: COUNTY OF HARRIS. I . . .................'i°.x.Y .... 5P.1't t- h.............. ........ ................................... ............................... Secretary of the AMERICAN GENERAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN GENERAL INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at the City of Houston, Texas, this........31st.day of. ........... Mai.................. .... .......... A. D. 19.....5 ............... ............................. ✓� ................... _ .......... _... Secretary.