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HomeMy WebLinkAbout03600 ORD - 11/25/1953AN ORDINANCE NO. 3600 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE A SECOND SUPPLEMENTARY AGREEMENT INTERPRETING THE ENGINEERING CONTRACTS AND SUPPLEMENTS NOW 1N EFFECT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND MVYERS AND NOYES & ASSOCIATES, CON- SULTING ENGINEERS, AND REAGAN AND MCCAUGHAN, CONSULTING ENGINEERS, AGREEING IN EFFECT THAT THE CONTRACT OF DECEMBER 24, 1952 IS AND WILL BE CONSIDERED AS LIMITED TO PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN, PREPARATION OF PLANS AND CONSTRUCTION OF A NEW FILTRATION PLANT PROPOSED TO BE LOCATED BY THE CITY NEAR CALALLEN AND TO BE NAMED THE 0. N. STEVENS FILTRATION PLANT; AND DECLARING AN EMERGENCY. WHEREAS, A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WAS ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS AND MYERS AND NOYES & ASSOCIATES ON OR ABOUT DECEMBER 24, 1952 FOR ENGINEERING SERVICES IN THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, ADDITIONS AND EXPANSIONS TO THE PUMPING AND FILTRATION PLANT OF THE WATERWORKS SYSTEM OF THE CITY AT CALALLEN, NUECES COUNTY, TEXAS; AND WHEREAS, ON JULY 7, 1953, A SUPPLEMENT AGREEMENT WAS ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS AND MYERS AND NOYES & ASSOCIATES CONCERNING THE ENGINEERING SERVICES TO BE PERFORMED ON THE DESIGN AND CONSTRUCTION OF A NEW WATER SUPPLY MAIN FROM CALALLEN TO THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE ENGINEERING FIRM OF MYERS AND NOYES & ASSOCIATES HAS CHANGED ITS FIRM NAME TO THE NAME OF REAGAN & MCCAUGHAN AND SUCH FIRM IS NOW PERFORMING SERVICES UNDER SAID ENGINEERING CONTRACT OF DECEMBER 24, 1952, AND THE SUPPLEMENT THEREOF OF JULY 7, 1953; AND WHEREAS, IT HAS BEEN AGREED THAT THE SERVICES UNDER SAID CONTRACT, AND SUPPLEMENT, INSOFAR AS THE FIRM OF MYERS AND NOYES & ASSOCIATES IS CONCERNED, AS TO THE PROJECT DESCRIBED IN THE CONTRACT DF.DECEMBER 24, 1952, BE LIMITED TO PREPARATION OF PLANS AND SPECIFICATIONS AND OTHER SERVICES IN CONNECTION WITH THE ENGINEERING CONCERNING A NEW FILTRATION PLANT PROPOSED TO BE LOCATED NEAR CALALLEN, TEXAS, AND HERETOFORE DESIGNATED AS THE 0. N. STEVENS WATER FILTRATION PLANT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BY, AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A SECOND SUPPLEMENT AGREEMENT INTERPRETING THE ENGINEERING CONTRACTS AND SUPPLEMENTS NOW IN EFFECT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND MYERS AND NOYES & LJ° U/VV ASSOCIATES CONSULTING ENGINEERS AND REAGAN AND MCCAUGHAN� CONSULTING ENGINEERS AGREEING IN EFFECT THAT THE CONTRACT OF DECEMBER 24, 1952 IS AND WILL BE CON- SIDERED AS LIMITED TO PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN, PREPAR- ATION OF PLANS AND CONSTRUCTION OF A NEW FILTRATION PLANT PROPOSED TO BE LOCATED BY THE CITY NEAR CALALLEN, AND TO BE NAMED THE 0. N. STEVENS FILTRATION PLANT) A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR IMMEDIATELY ENTERING INTO SAID SECOND SUPPLEMENTAL AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A NEW FILTRATION PLANT PROPOSED TO BE LOCATED NEAR CALALLENy AND DESIGNATED BY THE CITY COUNCIL AS THE 0. N. STEVENS WATER FILTRATION PLANT, CREATES AN EMERGENCY AND AN IMPER- ATIVE 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 COUNCILS AND THE MAYORS 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 FORCE AND EFFECT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE 6 � j/ DAY OF NOVEMBERS 1953• MAY THE CITY OF CORPUS CHRISTI, TEXAS ATTEST:- � CITY S, CRET RY, Gf t APPROVED AS TO LEGAL FORM: CITY ATURNEY STATE OF TEXAS "NTY GF mULCES *11UAS A CONTRACT FOR PRdFVAIIiONAL ERGINEFRIN4 SERVICES HAS BEEN ENTERED INTO, SY Aclw SLTWF.EN YHE CITY OF CORPL I CWRIAT: AND MYERA AN NOYEA AND Aavot1ATLI, ON OR ASOiiY D:.CE.mtit 24, 191r,2 FOR THE PERFCJRNAVCE OF_ ALL 0061'[461414AL EN&j%LtR1N4 SERVICES NCREINAFTTR OCT FORTH, IN THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, ADDITIONS AND 1*1►ANBIOI11 TO TN[ PUMPING AND FILTRATION PLANT rF THE WATERWORKS tY1+TtM OF THE CITY AT CALALLEM, NUECCS COUNTY, T[I1AS"; AND WHEREAS, OV AGREENENT DATED JULY 7, 1 "32 A SUPPLEMENTARY ASREEM[NT WAS ENTERtO 114TO, BY AND BETWEEN THE CITY Or CORPUS CHRISTI AND SAID MVE011 AND WOYEi AND ASSOCIATES, ACTING BY THEIR ASSOCIATE, C. S, REAGAN CBNCCRHINO THE rt'tMSINtERING SERVICES TO SE PERFORMED ON TNt DESIGN AND CDNSTNUCTIOR Or A NEW WATER SUPPLY MAIN MOM CALALLEM TO THE CITY OF CORPUS CHRISTI, SLTWEEN SUCH POINTS At SHALL BE OESIGNATtO BY THE CITY Or CORPUS CNRISTIxI AND WHEREAS, THE [NoINttRIMY FIRM Or 14Y[RS AND NOTES AND ASSOCIATES HAS CNANBED ITS FIRM NAME TO TNt NAME OF REAGAM & MCCAUSNA14 AND SUCH FIRN IS NOW PERFORMING SERVICES UNDER SAID ENGINEERINO CONTRACT OF PJECEMOER 24, 1952, ANO THE SUPPLEMENT THERETO OF JULY 7, 1953: AND WHEREAS$ IT HAS BttM AGREED THAT TNC SERVICES UNO[R SAID CONTRACT AND SUPPLEMENT INSOTAN AS THE FIRM 4r MY[RS AND NOYES AND ASSOCIATES I1 CONCERNED AS TO INS PROJECT DESCRIBED IN INC CONTRACT Or DECENOER 224, 1952, at LIMITED TO PREPARATION OF PLANS AND SPECIFICATIONS AND OTHER SERVICES IN CONNtCT10N WITH THE ENGINEERING CONCERNINS A NEW rrLTNATION PLANT PROPOSEO TO at LOCATED NEAR CALALLEM, TEXAS" AND MEIt[TOFORC OCSIGNATEO BV THE CITY COUNCIL At THE 0. N. ST[Y &NS WATCH FILTRATION PLANT$ NOW, THEREFORE, K§i W ALL MEN BY THESE PRESENTS$ THAT THE UND110114NCO, MYERS AND NOTES AMC ASSOCIATES AND REAGAN & MCCAUGNAN RtFERR[O To iN SAID CONTRACTS AS ENGIRE[RS, AND THC CITY OF CORPUS CMRIBTI HAVE AND BO HERCBV AGACE gNAT THE ENSIN[ERING SCRVICES TO BE PERFORMED UNDER THE SAID CONTRACT OF VICCMBER 24, 19V Of LIMITED TO AND COMER ONLY 041RECAtH4 SERVICES INSGFAN AS THE PROJECT DESCRIBED THEREtM It THE DESIGN AND CONSTRUCT$" Of A NEW WATER FILTRATION PLANT PROPGOCO TO BE LOCATED REAR CALALLEN AT A SITE TO BE DESIGNATED, BY THE CITY OF CORPUS CHRISTI AND NAMED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI AS THE b. N STEVENS WATER FILTRATION PLANT AND THAT UPON THE COMPLETION OF SUCH EN®IMEERING RER °14CES THE CONTRACT WILL BE CONSIDERED AS FULLY PERFORMED. IN ACCORDANCE WITH SUCH AGREEMENT SO LIMITING THE SCOPE OF THE PROJECT, IT IB UNDERSTOOD THAT THE CITY OF CORPUS CHRISTI WILL BE UNDER NO OBLIGATION AND HAVE NO RESPONSIBILITY TO CONSIDER THE FIRM OF MYERS AND NOYES AND ASSOCIATES AS BEING UNDER CONTRACT TO PERFORM ENGINEERING SERVICES FOR THE "oE51GN AND CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE PRESENT JOHN W. CUNNINGHAM FILTRATION PLANT AND TO SUPPLY LINES FROM THIS PLANT TO THE SAVAGE LANE RESERVOIR.` 17 IS FURTHER AGREED THAT ANY AND ALL FEES HERETOFORE PAID, AS WELL AS ALL FEES WHICH MAY BE PAID HEREAFTER, SHALL BE CONSIDERED Sr ALL PARTIES AS BEING PAYMENTS ON THE SAID CONTRACT OF DECEMBER 24, 1952, AS LIMITED. ATTEST: CITY SFCRETA;y APPRWED AS TO LEGAL FORHs iTY ATTORNEY WERS AND NOYES AND ASSOCIATES ay N. NOYES REAGAN & WCAkJGHAN BY S. EAGAN THE CITY OF CORPUS CHRISTI, TEXAS BY RUSSELL t. LURE, MY MANAGER _2. 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 OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING �3z P. C. CALLAWAY JAMES S. NAISMITH 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 m