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HomeMy WebLinkAbout03600 1/2 ORD - 11/25/1953��y N AN ORDINANCE AUTHORIZING AND BIRECTTNG THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE A CONTRACT WITH REAGAN & MCCAUGHAN, CONSULTING ENGINEERS, IN PREPAR- ING FOR LM INEF21M SERVICES TO BE PERFORMED ON DESIGN AND CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO HE MADE TO THE JOHN W. CUNNINGHAM FILTRATION PLANT AND TO SUPPLY LINES FROM THIS PLANT INTO THE SALVAGE LANE RESERVOIR, FOR AND IN CONSIDERATION OF A BASIC FrsE OF FIVE PER CENT M/D 'IF THE FINAL CONSTRUCTION COST OF SAID PROJECT, ALL IN ACCORDANCE WITH THE TIMMS AND PRO - VISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PANT HEZEOF; DESIGNATING AND APPROPRIAT- ING THE NECESSARY FUNDS OUT OF N0, k41 CITY OF CORPUS CHRISTI WATER FU14D TO COVER SAID ENGINEERING COSTS; AND DECLARING AN EMERGENCY. ThIEREAS, The City of Corpus Christi is contemplating the design and construction of additions and improvements to be made to the present John 11. Cunningham Filtration Plant at Calallen, Nueces County, Texas, and to supply lines from the plant into the Savage Lane Reservoir, and have selected the,` firm of Reagan and McCaughan as engineers to prepare plans and specifications and superintend the construction of such additions and improvements; and WHEREAS, It is necessary that the agreement concerning said services be written and properly executed by and between the City and said consulting engineers; and WHEREAS, There are sufficient funds available and unappropriated in No. 141 City of Corpus Christi Water Fund from which to appropriate the necessary monies with which to pay the cost of such engineering services; and WIiETsEAS, It is necessary to authorize the execution of said agreement and to make such appropriation at this time: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized and directed for and on behalf of the City of Corpus Christi to execute a contract for professional engineering services with Reagan & McCaughan as engineers to prepare plans and specifications and superintend the construction of such additions and improvements to be made to the present John W. Cunningham Filtration Plant at Calallen, Nueces County, Texas, fox and in consideration TERMS AND PROVISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THERE IS HEREBY APPROPRIATED FROM N0. a_$a CITY OF CORPUS CHRISTI WATERIMM1►'IMMMOMENO� FUND THE NECESSARY FUNDS TO COVER SAID ENGINEERING COSTS. SECTION 3. THAT THE NECESSITY OF IMMEDIATELY ENTERING INTO SAID CONTRACT FOR THE PURPOSE OF THE DESIGN AND CONSTRUCTION OF ADDITIONS AND IM- PROVEMENTS TO BE MADE TO THE PRESENT JOHN W. CUNNINGHAM. FILTRATION PLANT CREATES AN EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORGE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY Of NOVEMBER, 1953 - MAYOR � THE C)J'Y OF CORPUS CHRISTI, TEXAS ATTES CITY SECRETA Y f APPROVED AS TO LEGAL FORM: CITY ATTOR ,Y� AGREEMENT THE STATE OF TEXAS CQIAITY OF NiEC68 KNOW ALL MEN BY THESE PREMWMt ' WHEREAS, THE CITY OF CORPUS CHRISTI IS CONTEMPLATING THE DESIGN AND CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO BE MADE TO THE PRESENT JOHN W. CUNNINGHAM FILTRATION PLANT ANI; TO SUPPLY LINES FROM THE PLANT INTO THE SAVAGE LANE RESERVOIR, AND HAVE SELECTED THE FIRM OF REAGAN AND MCCAUGMAN AS ENGINEERS TO PREPARE PLANS AND SPECIFICATIONS AND SUPERINTEND THE CONSTRUCTION OF SUCH ADDITIONS AND IMPROVEMENT$; ANO WHERE,'S, 17 IS NECESSARY THAT THE AGREEMENT CONCERNING SAID SERVICES SE WRITTEN AND PROPERLY EXECUTED BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY AUTHOR- TIED TO ACT AND NOW HEREINAFTER CALLED "THE CITY", AND REAGAN AND 14CCAUGHAN, CONSULTING ENGINEERS OF CORPUS CHRISTI, TEXAS, A PARTNERSHIP, ACTING HEREIN BY C. S. REAGAN, HEREINAFTER CALLED "THE ENGINEER', AS FOLLOWS; W I T N E S S E T H T I THE CITY HEREBY EMPLOYS THE EHGIHE£R AND THE ENGINEER AGREES TO PER- FORM ALL PROFESSIONAL ENGINEERING SERVICES HEREINAFTER SET FORTH, IN THE DESIGN AND CONSTRUCTION OF SAID IMPROVEMENTS AT THE JOHN W. CUNNINGHAM FILTRATION PLANT, AT CALALLEN, NUECES COUNTY, TEXAS. SUCH IMPROVEMENTS ARE HEREINAFTER CALLED AND REFERRED TO AS THE " PROJECT", AND THE OBLIGATIONS OF THIS CONTRACT SHALL EXTEND AND INCLUDE THE PROJECT AS HEREINAFTER DEFINED. 11 THE PROJECT. IT IS CONTEMPLATED BY THE PARTIES HERETO THAT AM ENLARGE- MENT, EXTENSION AND IMPROVEMENT OF THE PRESENT JOHN W. CUNNINGHAM FILTRATION PANT AT CALALL£N, TEXAS] NOW A PART OF THE WATER WORKS S4AEM OF THE CITY OF CORPUS CHRISTI, SY THE DESIGN AND CONSTRUCTION, OF ADDITIONS AND IMPROVEMENTS AND TO SUPPLY LINES FROM THE PLANT INTO SAVAGE LANE RESERVOIR, TOGETHER 101714 SUCH ADDITIONAL PUMPING FACILITIES AS MAY BE REQUIRED AND SUCH OTHER BUILDINGS, STRUCTURES, PIPES, VALVES, FITTINGS AND OTHER FACILITIES. NEEDED IN CONNECTION THEREWITH, BE MADE. CHARACTER ANO,E %T €NT DF SERVICES. THE ENGINEER SHALL RENDER THE FOLLOWING PROFESSIONAL SERVICES NECESSARY TO THE DEVELOPMENT OF THE PROJECT! A_ MEET AND ADVISE REGULARLY WITH THE SPECIAL WATER COMMITTEE HEADED BY MR. t9. N. STEVENS, AND MAKE SUCH INVESTIGATIONS, STUDIES, AND PRELIMINARY REPORTS TO THE COMMITTEE ON METHODS AND EQUIPMENT FAR INCREASING THE AMOUNT OF TREATED WATER TO CORPUS CHRISTI BY THE SUMMER OF 1954 - S. DESIGN OF AND PREPARATION OF PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS TO THE POINT OF LETTING CONTRACTS FOR CONSTRUCTION Of SUCH WORK OR THE PURCHASE OF SUCH EQUIPMENT AS MAY BE RECORYMENDED BY THE COMMITTEE AND AUTHORIZED BY THE CITY. THIS PHASE Of THE WORK TO PROCEED AS FAST AS 0000 ENGINEERING PRACTICE WILL PERMIT; AND ASSISTANCE TO THE CITY IN THE ADVERTISEMENT OF THE PROJECT AND RECEIPT OF BIDS FOR NECESSARY CONSTRUCTION, TOGETHER WITH CONSULTATION RELATIVE TO THE AWARD OF CONSTRUCTION CONTRACTS. C• GENERAL SUPERVISION AND ADMINISTRATION OF CONSTRUCTION, INCLUDING PERIODIC VISIT$ OF THE ENGINEER OR HIS REPRESENTATIVE FROM THE OFFICE OF THE ENGINEER CAS OISTINOUISMEO FROM CONTINUOUS RESIDENT FIELD SUPERVISION AND /OR INSPECTION); FIELD SURVEYS FOR CONSTRUCTION, PREPARATION Of MONTHLY AND FINAL ESTIMATES FOR CONTRACTORS' PAYMENTS AND, UPON COMPLETION OF CONSTRUCTION, REVISION Of DRAWINGS TO SHOW THE PROJECT AS ACTUALLY CONSTRUCTED. 0. SERVICES Of OUR ENGINEERS IN CONNECTION WITH CITY SUPERVISION, ALTERNATIVE TO ITEM C. THESE SERVICES TO BE RENDERED AT THE RATE OF 4T-n0 PER DAY PER MAN FURNISHED BY US AT WRITTEN REQUEST OF CITY. THE SERVICES INCLUDED IN THIS CONTRACT DO NOT COVER PROPERTY, BOUNDARY OR RIGHT -OF -WAY SURVEYS; MILL OW LAOORATORY INSPECTION OF MATERIAL$j THE COST Of TEST BORINGS OR OTHER SUISSURFACE OR FOUNDATION INVESTIGATIONS, OR THE COST Of CALCULATING SPECIAL ASSESSMENTS. THESE EXCLUDED SERVICES, WHEN NECESSARY, SHALL BE FURNISHED BY THE CITY, BUT AT THE CITY'S CHOICE MAY BE PROVIDED BY THE ENGINEER AT ACTUAL COST. IV COOPERATION WITH THE CITY. IN THE PERFORMANCE OF THE PRELIMINARY STUDIES FOR THE DEVELOPMENT OF THE PROJECT, THE ENGINEER SHALL HOLD PERIODIC CONFERENCES WITH THE CITY COUNCIL OR ITS REPRESENTATIVES, TO THE END THAT THE -2- PROJECT, A$ PERFECTED, SMALL HAVE FULL BENEFIT OF THE COUNCILS EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS AND FACILITIES, AND SE CONSISTENT WITH CURRENT MUNICIPAL POLICY. TO IMPLEMENT THIS COORDINATION, THE CITY SHALL MARE AVAIL- ABLE TO THE ENGINEER, FOR USE IN PLANNING THE WORK, ALL EXISTING PLANS, MAPS, FIELD NOTES, STATISTICS, COMPUTATIONS AND OTHER DATA IN ITS POSSESSION RELATIVE TO THE EXISTING UTILITIES AND TO THE PROJECT. v DESIGN RZQUIRMENTS. DETAILED DESIGNS SHALL IN ALL RESPECT$, REFLECT THE APPLICATION OF SOUND ENGINEERING PRINCIPLES, SHALL CONFORM TO ALL PERTI- NENT DESIGN STANDARDS OF THE CITY, AND SHALL REFLECT THE HIGHEST DEGREE OF ECONOMY CONSISTENT WITH THESE REQUIREMENTS. ESTIMATES AND PROPOSALS PREPARED FOR USE WITH THE PLANS SHALL INCLUDE SUMMARIES OF 810 ITEMS AND QUANTITIES BASED UPON THE UNIT PRICE SYSTEM OF BIDDING. THREE COPIES OF ALL COMPLETE PLANS, SPECIFICATIONS AND ESTIMATES SHALL BE SUBMITTED TO THE CITY. ADDITIONAL COPIES OF PLANS AND SPECIFICATIONS, AS NECESSARY FDA THE AWARD AND EXECUTION OF CONTRACTS OR FOR THE USE OF THE CITY, WILL BE FURNISHED BY THE ENGINEER AT ACTUAL COST DF PRINTING. IN THE ADMINISTRATION OF THE PROJECT, THE ENGINEER WILL ENDEAVOR TO PROTECT THE CITY AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTOS BUT HE DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS. AS REQUIRED DURING THE DESIGN AND ADMINISTRATION OF THE PROJECT, THE ENGINEER WILL FURNISH TO THE CITY, ESTIMATES OF THE COST Of THE WORK, BUT HE DOES NOT GUARANTEE THE ACCURACY OF SUCH ESTIMATES. C =LL DESIGNS SHALL MEET THE REQUIRE- MENTS OF THE CITY, AND, AS REQUIRED, APPROVAL Of SUCH AGENCY SHALL BE OBTAINED BY THE ENGINEER. VI PERIOD OF SERVICE. THE ENGINEER SHALL COMPLETE THE PRELIMINARY STUDY AND REPORT AS OUTLINED IN SUBPARAGRAPH III-A ABOVE/ WITHIN SIXTY (60) CALENDAR OATS FROM THE DATE OF WRITTEN NOTICE 0', THE CITY TO THE ENGINEER TO PROCEED WITH THIS CONTRACT. UPON APPROVAL OF THE PRELIMINARY STUDY ANO REPORT ANJ UPON WRITTEN AUTHORIZATION BY THE CITY TO THE ENGINEER, THE ENGINEER SHALL PRO- CEED WITH THE NECESSARY PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS TO IMPLE- MENT THE CONSTRUCTION SO AUTHORIZED, AND SHALL DELIVER COMPLETED PLANS, SPECIFI- CATIONS AND CONTRACT DOCUMENTS FOR THE AUTHORIZED COI/BTRUCTION Of THE PROJECT within om* hundred fifty (150) calendar days after receipt of sack amtkor- isatiea. This contrast shall remain in fors* for the period whisk say reasonably be required for the design, award of contracts gad construction of the project. III FM. T ►e City agrees to pay the Engineer is installments as bare - isafteg provided. a basic fee of five percent QQ of the final construction cost of the Project, which fee Shall be fall compensation for all Semites outlined In sabparagraphs III -A through III-C above. The cost on which the basic fee is based shall be taken to be the Engineer's estimate of the cost Of the Project until such time as construction contracts have been awarded by the City, after whisk said cost of the Project shall be taken to be the final a*astrustioa cost, plus the cast of any materials and services furnished by the City in the direct cosstractlen of the Project. In dotenaiaing the final construction cost of the project on which the baste fee is compated, there shall not be tncladed the costs of land, rights -of -way, administrative else, legal expense or onglu*ering fees. In the event the City should elect to age only the services under Items A and B of Paragraph III above. the fee is to be Fifty -Fire percent (Wa of the five percent basic fee. In the event the City Shall elect to use the services ender Item D of said Paragraph III, the fee shall be Sweaty -Five Dollars ( ;75.00) par day per was furnished by Engisser. Till Prsment. The fees "rein provided shall be paid by the City to the Eagineos on account of the fee shall be made as the work progresses. open estimates of costs, until construction costs are determined. The sum due the Eagis*er for the engineering services performed, as sock teen is hereinafter defined, shall be payable out of raintsmance and operation No. 141, and the City represents that its City Conseil has appropri- ated or will apprepriate the seas; dae under the agr*ement= end the City farther represents that the Digester of Finance has certified to the City Corssil that the money required to pay the sass due the Engineer under this agreement on the Project as above defined is to the Treasury to tk* -4- CREDIT OF THE FUND PROM WHICH It 13 TO BE DRAWN AND NOT APPROPRAITED FOR ANY OTHER PURPOSE. Ix REVISION OF PLANS AND SPECIFICATIONS. SHOULD THE CITY REQUIRE $U.S- 3TANTIAL REVISION OF PLANS AND/OR SPECIFICATIONS, AFTER THE SAME HAVE BEEN DULY APPROVED AND ACCEPTED BY THE CITY, THEN THE CITY SHALL PAY TO THE ENGINEER JUST AND EQUITABLE COMPENSATION THEREFOR, WHICH COMPENSATION SHALL DE AGREED UPON BY THE CITY AND THE ENGINEER PRIOR TO THE PERFORMANCE OF ANY OF THE WORK OF SUBSTANTIAL REVISION. X OWNERSHIP OF DOCUMENTS. ALL DOCUMENTS INCLUDING ORIGINAL DRAWINGS, ESTIMATES, SPECIFICATIONS, FIELD NOTES AND DATA MtE TO at DELIVERED TO THE CITY AND BECOME THE PROPERTY OF THE CITY UPON COMPLETION OF THE PROJECT, IT I5 MUTUALLY AGREED, HOWEVER, THAT IN CONSIDERATIONFOR THE OWNERSHIP OF THE ABOVE PLANS AND DOCUMENT$, THE CITY AGREES TO USE THEM SOLELY IN CONNECTION WITH THE PROJECT AS HEREIN DEFINED, AND NOT FOR THE PURPOSE Of MAKING FURTHER EXTENSION$ OR ENLARGEMENTS TO THE CITY'S FILTRATION PLANT, SAVE WITH THE EXPRESS CONSENT OF THE ENGINECR, THE ENGINEER ;MA': RETAfN REPRODUCIBLE COPIES OF ALL DOCUMENTS AND PLANS. XI ARBITRATION OF DISPUTES- SHOULD ANY DISPUTE ARISE HEREUNDER BETWEEN THE CITY AND THE ENGINEER AS TO ANY OF THE TERMS Of PROVISIONS OF THIS CON- TRACT OR THE OBLIGATIONS OF THE PARTIES THEREUNDER, THE CITY AND THE ENGINEER SHALL SUBMIT SUCH DISPUTE TO ARBITRATION AS FOLLOWS'. A. THE CITY AND THE ENGINEER SHALL EACH APPOINT AN ARBITRATOR AND SHALL SUSHIT SUCH DISPUTE TO SUCH ARBITRATORS. B. ARBITRATORS SHALL HAVE FULL POWER TO INVESTIGATE SUCH D13PUTE, HEAR WITNESSES, EXAMINE PAPERS, DRAWINGS AND DOCUMENTS, AND TAKE PROFESSIONAL, EX- PERT OPINION THEREON AND SHALL ARBITRATE AND DECIDE SUCH DISPUTE TO CARRY OUT THE INTENTIONS OF THE PARTIES AND DO JUSTICE BETWEEN THEM. C. IN THE EVENT ARBITRATORS ARE UNABLE TO AGREE UPON THEIR DECISION, THEY SHALL MUTUALLY AGREE UPON A. THIRD ARBITRATOR- IN EVENT AASlTRATORS ARE -5- UNABLE to AGREE UPON THE SELECTION OF THE THIRD ARBITRATOR, OR HAYING SELECTED SUCH ARBITRATOR, THE THREE ARBITRATORS ARE UNABLE TO REACH AN AGREEMENT, THEN THE ARBITRATION SHALL BE CONSIDERED TO HAVE BEEN EXHAUSTED. xtl TERMINATION OF CONTRACT. THE CiTY MAY TERMINATE THIS CONTRACT AT ANY TIME BY A NOTICE IN WRITING TO THE ENGINEER. UPON RECEIPT OF SUCH NOTICE, THE ENGINEER SHALL, UNLESS THE NOTICE DIRECTS OTHERWISE, fWMC014TELY OISCON- T1NUE ALL SERVICES AND WORK AND THE PLACING OF ALL ORDERS OR THE ENTERING INTO CONTRACTS FOR SUPPLIES, ASSISTANCE, FACILITIES, AND MATERIALS IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT AND SHALL PROCEED TO CANCEL PROMPTLY ALL EXISTING ORDERS AND CONTRACTS INSOFAR AS SUCH ORDERS OR CONTRACTS ARE CHARGEABLE TO THIS CONTRACT. '14 SOON AS PRACTICABLE AFTER RECEIPT OF NOTICE OF TERMINATION, THE ENGINEER SHALL SUBMIT A STATEMENT, SHOWING IN DETAIL THE AMOUNT OF WORK PERFORMED UNDER THIS CONTRACT TO THE DATE DF TERMINATION. THE CITY SHALL THEN PAY TI4E ENGINEER PROMPTLY THAT PROPORTION OF THE PRESCRIBED FEE WHICH THE WORK ACTUALLY PERFORMED UNDER THt$ CONTRACT SEARS TO THE TOTAL WORK CALLED FOR UNDER THIS CONTRACT, LESS SUCH PAYMENTS ON ACCOUNT OF THE FEE AS HAVE BEEN PREVIOUSLY MADE. ALL COMPLETED OR PARTIALLY COMPLETED DESIGNS, PLANS AND SPECIFICATIONS PREPARED UNDER THIS CONTRACT SHALL BE DELIVERED TO THE CITY AND BECOME THE PROPERTY OF THE CiTY WHEN AND IF THIS CONTRACT IS TERMINATED, OUT SUBJECT TO THE RESTRICTIONS AS TO THEIR USE AS SET FORTH IN PARAGRAPH IX ABOVE. x1tl SUCCESSORS AND ASSIGNMENTS. THE CITY AND THE ENGINEER EACH BINDS ITSELF AND ITS PARTNERS, SUCCESSORS, EXECUTORS, ADMINISTRATORS AND ASSIGNS TO THE OTHER PARTY OF THIS AGREEMENT AND TO THE PARTNERS, SUCCESSORS, EXECUTORS, AD- MINISTRATORS AND ASSIGNS OF SUCH OTHER PARTY, IN RESPECT TO ALL COVENANTS OF THIS AGREEMENT; EXCEPT AS ABOVE, NEITHER THE CITY NOR THE ENGINEER SMALL ASSIGN, SUBLET OR TRANSFER ITS INTEREST IN THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF THE OTHER. IN TE5TtPtt3NY OF W141CH THIS INSTRUMENT HAS SEEN EXECUTED ON BEHALF OF THE ABOVE NAMED ENGINEERS BY ONE OF THEM SIGNING FOR THEM ALL, AND HAS BEEN EXECUTED ON BEHALF OF THE CITY BY ITS CITY MANAGER AND ATTESTED BY ITS CITY wb� SECRETARY UNDER ITS CITY .SEAL IN DUPLICATE ORIGINALS, $01H OF EQUAL FORCE, ON THIS THE DAY OF , 1953. THE CITY OF CORPUS CHRISTI, TEXAS 6Y UBSELL E, MC LURE, CITY MANAGER ATTEST- IT( SECPFTARY PPROVED �S TO LEG. °L FORM: ITY ATTORNEY RE�G�IN & MCC.AUGH,:N BY C. $. REAGAN ._... THE STiJE OF TEx S COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO 8E THE PERS;)N WHOSE NA-L 15 5US$CRID£O TO THE FORE- GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SANE AS THE ACT AND DEED OF SAID CITY FOR THE PURPOSL AYD CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER W HIND :'.ND SL"'L OF OFFICE, THIS THE DAY DF 1953- NOTARY RMM IN AND FOR NUECES COUNTY, TEXAS THE ST'TE OF TEX,'S COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DA:' PERSONALLY APPEARED C. S. REAGAN, A PARTNER OF THE FIRN OF REAGAN & MCCAUGHAN, KNONN TO ME TO BE THE PERSON WHOSE NAME 15 SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID PARTNERSHIP FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER W HAND AND SM OF OFFICE, THIS THE - DAY OF 1953 e TARY PUBLIC IN AND FOR NRCEi RUNTY, TEXAS -7- NOVEMHER I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENT, OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE 15 IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF No. 141 CITY OF CORPUS CHRISTI IdATER FUND FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. APPROVED DIRECTOR OF FINANCE ITY CONTROLLER .r 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,,_ MAYORS CITY OF CORPPS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH a W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE