The URL can be used to link to this page

Home My WebLink About03477 ORD - 05/27/1953AN ORDINANCE TERMINATING A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS CONSTRUCTION COMPANY, BEING THE CONTRACT AUTHORIZED BY AND DIRECTED IN ORDINANCE N0. 3395; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A RELEASE; DECLARING THE PROJECT AS DESCRIBED IN SAID ORDINANCE NO. 3395 ABANDONED; AND DECLARING AN EMERGENCY. WHEREAS, FOR GOOD, SUFFICIENT AND LEGAL REASONS AND UPON THE BASIS OF CAREFUL STUDY AND CONSIDERATION, THIS COUNCIL HAS DETERMINED THAT THE CONTRACT - PREVIOUSLY ENTERED INTO BY THE CITY AND SOUTH TEXAS CONSTRUCTION COMPANY, ON THE 3RD DAY OF FEBRUARY, 1953, FOR IMPROVEMENTS AT CLIFF MAUS MUNICIPAL AIRPORT, AS MORE FULLY SET OUT AND DEFINED IN ORDINANCE No. 3395 ENACTED JANUARY 27, 1953, HAS BEEN AND IS TERMINATED AND IS OF NO FURTHER FORCE OR EFFECT AND THAT SOUTH TEXAS CONSTRUCTION COMPANY SHOULD NOT BE COMPELLED TO PROCEED UNDER SAID CONTRACT; AND WHEREAS, THIS CITY COUNCIL HAS DETERMINED THAT IT IS DESIRABLE FOR THE BEST INTEREST OF THE CITY THAT NO FURTHER ACTION BE HAD UNDER SAID CON- TRACT, AND THAT NONE OF THE IMPROVEMENTS CONTEMPLATED AND PROVIDED FOR IN SAID OSROINANCES PASSED IN CONNECTION WITH SUCH IMPROVEMENTS HAVE BEEN MADE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. SAID CONTRACT IS HEREBY DECLARED TO BE TERMINATED AND OF NO FURTHER FORCE OR EFFECT AND IT IS .HEREBY DECLARED THAT SOUTH TEXAS CONSTRUCTION COMPANY IS NOT OBLIGATED TO PROCEED UNDER SAID CONTRACT, AND THE SAID SOUTH TEXAS CONSTRUCTION COMPANY AND THE CITY OF CORPUS CHRISTI ARE EACH HEREBY FULLY RELIEVED OF ALL OBLIGATIONS THEREUNDER, IN ACCORDANCE WITH A WRITTEN AGREEMENT WITH SAID SOUTH TEXAS CONSTRUCTION COMPANY TO ABANDON SAID PROJECT. SECTION 2. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A MUTUAL RELEASE OF ALL PARTIES TO SAID CONTRACT FOR THE REASON THAT SAID IMPROVEMENTS WERE NOT CONSTRUCTED AND WILL NOT BE CONSTRUCTED UNDER AUTHORITY OF SAID ORDINANCES, A COPY OF WHICH RELEASE 13 MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, TO -WIT: 3H'-l-7 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: CCWTY OF NUECES WHEREAS, BY ORDINANCE NO. 3395 ADOPTED ON THE 27TH DAY of JANUARY, 19530 BY THE CITY COUNCIL, THE CITY OF CORPUS CHRISTI,, TEXAS, HEREINAFTER CALLED CITY ", DETERMINED THE NECESSITY FOR AND ENTERED INTO A CONTRACT WITH SOUTH TEXAS CONSTRUCTION COMPANY FOR THE EXPANSION OF CLIFF MAUS MUNICI- PAL AIRPORT ON A PROJECT DESCRIBED AS "CLIFF MAUS MUNICIPAL AIRPORT FIRST STAGE EXPANSION, F. A. A. PROJECT 9 -41- 079 -202 ") AND WHEREAS, IT HAS BEEN DETERMINED BY THE CITY TO ABANDON SAID PROJECT AT THIS TIME AND IT HAS BEEN MUTUALLY AGREED BETWEEN CITY AND SAID CONTRACTOR TO TERMINATE SAID CONTRACT: NOW, THEREFORE, THE CITY OF CORPUS CHRISTI, IN CONSIDERATION OF THE PREMISES, DOES HEREBY RELEASE SOUTH TEXAS CONSTRUCTION COMPANY FROM ANY AND ALL OBLIGATIONS TO PERFORM OR FURNISH THE LABOR, MATERIALS AND CONSTRUCTION PROVIDED IN SAID CONTRACT,ANO THE SAID CONTRACTOR HAS AND DOES HEREBY RELEASE THE CITY OF CORPUS CHRISTI FROM AND AND ALL OBLIGATIONS TO PROCEED WITH THE SAID PROJECT, AND EACH OF SAID PARTIES DOES HEREBY RELEASE THE OTHER FROM ANY AND ALL LIABILITY OF EVERY NATURE BY REASON OF THE NEGOTIATIONS RESULTING IN SAID CONTRACT, THE ENTERING INTO OF SAID CONTRACT AND THE TERMINATION THEREOF AND DECLARE THE SAID CONTRACT CANCELLED AND OF NO FURTHER FORCE AND EFFECT. EXECUTED THIS DAY of MAY, 1953. THE CITY OF CORPUS CHRISTI, TEXAS ATTESTS BY O. N. STEVENS, City MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY SOUTH TEXAS CONSTRUCTION COMPANY BY VIC LOURS, PRES16ENT ATTESTIt } THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED 0, N. STEVENS, CITY MANAGER OF THE CITY OF CORPUS CHRISTiE KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THERE:N STATED, GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF MAY, A. D. 1953. NOTARY PUBLIC IN AND FOR THE COUNTY OF NUECES, TEXAS. THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED VIC COUPS, PRESIDENT OF THE SOUTH TEXAS CONSTRUCTION COMPANY, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID SOUTH TEXAS CONSTRUCTION COMPANY, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEIL OF OFFICE THIS THE DAY OF MAY, A. D. 1953. NOTARY PUBLIC IN AND FOR THE COUNTY OF NUECES, TEXAS. SECTION 3. THE NECESSITY FOR TERMINATING THE CONTRACT BETWEEN THE CITY AND SOUTH TEXAS CONSTRUCTION COMPANY CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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 SEVERAL MEETINGS OF;THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED 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 I S ACCORDINGLY SO ORDAINED. ^/�% PASSED AND APPROVED THIS THE n X DAY OF Y, 1953• IVAYOR THE CI OF CORPUS CHRISTI ATTEST: 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 R- EQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR CITY PRPUS 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 ING VO E: A. A. LICHTENSTE.IM ELLRO.Y KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE INTER- OFFICE COMMUNICATION r° Dept. Public s' orka To j1• N. Stevens, City Manager From N• 11. 5tirman, Director of Public Homes Date May 25 1953 Subject - Letter from South Texas Construction Company Attached is a letter from South Texas Construction Company requesting a release from their contract for Airport lacpansion at Cliff Maus Municipal jlirport. It will be appreciated if the necessary action can be taken by the City Council and Mr. Vic Lours be so advised officially in order that his bonding company may release him and permit him to bid additional work that may arise in the construction field. 11. • H. Stirman, Director of Public Works HS/bpr cc: Legal Department Ray Krings City Secretary C 0 P Y SOUTH TEXAS CONSTRUCTION' CO. GENERAL CONTRACTORS P. 0. Box 3536 Corpus Christi, Texas May 22nd, 1953 Harry if. Stirman City Engineer City Hall Corpus Christi, Texas RE: Contract — Cliff Maus Airport Expansion Dear Mr. Stirman: 4Ve respectfully request a release by the City of Corpus Christi on the above contract. Our bonding Company has requested this release and we would appreciate your attention to this matter. `lC/md Yours very truly, SOUTH TEXAS CONSTRUCTION CO. BY: /s/ Vic Court, President