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HomeMy WebLinkAbout03457 ORD - 05/02/1953AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT OF EX- TENSION OF THAT CERTAIN CONTRACT DATED FEBRUARY 3, 1953, AUTHORIZED BY ORDINANCE NO. 3395, EXTENDING THE PERIOD WITHIN WHICH WORK ORDER MUST fSSUE FROM MAY 3, 1953 TO MAY 18, 1953, A COPY OF WHICH EXTENSION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, A CONSTRUCTION .CONTRACT WAS ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE SOUTH TEXAS CONSTRUCTION COMPANY FOR THE EXPANSION, IMPROVEMENT AND ENLARGEMENT OF CLIFF MAUS MUNICIPAL AIRPORT, DATED FEBRUARY 3, 1953, UNDER AUTHORITY OF ORDINANCE No. 3395, AND WHICH CONTRACT PROVIDED FOR THE TERMINATION OF SUCH CONTRACT UNLESS A WORK ORDER WAS RECEIVED BY THE CONTRACTOR WITHIN NINETY (90) DAYS OF THE,DATE OF THE CONTRACT, UNLESS SUCH NINETY (90) DAY PERIOD BY EXTENDED IN WRITING PRIOR TO THE EXPIRATION OF SAID NINETY (90) DAY PERIOD; AND WHEREAS, ITHAS BEEN AGREED BETWEEN THE CITY AND SAID CONTRACTOR TO EXTEND THE TERM OF SAID CONTRACT SO THAT WORK ORDER MIGHT BE ISSUED AT ANY • TIME WITHIN FIFTEEN (15) DAYS AFTER MAY 3, 1953, UNLESS A FURTHER EXTENSION BE AGREED TO BETWEEN THE CITY AND SAID CONTRACTOR; AND WHEREAS, SAID EXTENSION AGREEMENT IS DEEMED TO THE BEST INTEREST OF THE CITY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AG- REEMENT OF EXTENSION OF THAT CERTAIN CONTRACT DATED FEBRUARY 3, 1953, AUTHORIZED BY ORDINANCE No- 3395, EXTENDING THE PERIOD WITHIN WHICH WORK ORDER MUST ISSUE FROM MAY 3, 1953 TO MAY 18, 19531 A COPY OF WHICH EXTENSION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOFt t .. - 3� .. SECTION 2. THE NECESSITY FOR EXTENSION OF THE CONTRACT HERETOFORE EXISTING BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS CONSTRUCTION COMPANY PROVIDING FOR (IMPROVEMENTS AND CONSTRUCTION AT CLIFF MAUS MUNICIPAL AIRPORT CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THATNO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION 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, RE- QUESTING THAT SUCH 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 MAY, 1953 z4e�d� MAYOR ATTEST: CITY CORPUS CHRISTI, TEXAS t / CITY SECRETARY APPR VED AS TO LEGAL FORM: CITY TTO EY THE STATE OF TEXAS COUNTY OF NUECES WHERE,'S, THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS CONSTRUCTION COMPANY HAVE A DULY EXECUTED CONTRACT FOR THE CONSTRUCTION OF CERTAIN IM- PROVEMENTS FOR THE IMPROVEMENTS, ENLARGING, EXTENSION AND EXPANSION OF CLIFF MAUS MUNICIPAL, AIRPORT AND IT HAS BEEN AGREED TO EXTEND.THE NINETY (90) DAY PERIOD PROVIDED IN SA40 CONTRACT WITHIN WHICH A WORK ORDER MUST BE ISSUED BY THE CITY SO AS TO PERMIT THE ISSUANCE OF SUCH WORK ORDER VP TO AND INCLUDING THE DATE OF MAY 18, 1953: NOW, THEREFORE, IT IS HEREBY :,GREED BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS CONSTRUCTION COMPANY THAT THE CONTRACT HERE- TOFORE EXISTING BETWEEN SAID PARTIES DATED FEBRUARY 3, 1953, BE, AND 15 HEREBY AMENDED TO THE EFFECT THAT SAID CONTRACT BE, AND IS HEREBY, EXTENDED IN ALL ITS TERMS TO 13E IN FULL FORCE AND EFFECT BETWEEN THE PARTIES UP TO AND INCLUDING MAY 18, 1953s PROVIDED THAT UNLESS A WORK ORDER BE GIVEN TO THE CONTRACTOR ON OR BEFORE MAY 18, X953, THE THEN SAID CONTRACT SHALL AUTO- MATICALLY TERMINATE UNLESS PRIOR,TO THE EXPIRATION OF SAID DATE OF MAY 1$, 1953,TTHE PARTIES AGREE IN WRITING TO AN EXTENSION OF SAID PERIOD ENDING MAY 18, 1953' EXCEPT AS HEREIN AMENDED, SAID CONTRACT DATED FEBRUARY 3, 1953 is IN ALL ITS PROVISIONS CONTINUED IN FULL FORCE AND EFFECT, WITNESS THE HANDS OF THE RESPECTIVE PARTIES BY THEIR DULY AUTHORIZED AGENTS, OFFICERS AND REPRESENTATIVES THIS THE 2ND DAY OF MAY, 1953• ATTEST; CITY OF CORPUS CHRISTI, TEXAS BY CITY ,ATTORNEY CITY MANAGER APPROVED AS TO LEGAL FORM: SOUTH TEXAS CONSTRUCTION COMPANY ITT ATTORNEY BY ATTEST: I s CORPUS CHRISTI, TEXAS &/ /- , 1953 TO THE MEMBERS 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 ?PUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE: A. A. LICHTENSTEIN ELLRO.Y KING P. C. CALLA WAY JAMES A. NAISMITH W. JAMES BRACE 3 Lf5 !