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
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