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
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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
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MAYOR
ATTEST: CITY CORPUS CHRISTI, TEXAS
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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
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