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HomeMy WebLinkAbout04068 ORD - 01/20/1955I MS: AC: 1/20/ 55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO.EXECUTE A CONTRACT BERtEEN THE CITY OF CORPUS CHRISTI AND HARRINGTON & CORTELYOU FOR ENGINEERING SERVICES IN CONNECTION WITH THE DESIGNING AND CONSTRUCTION OF AN UPPER CHANNEL RAIL- ROAD AND HIGKdAY BRIDGE, AND OTHER PROJECTS IN CONNECTION THERDIITH; AND DECLARING AN EMERGENCY. Y 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 TO EXECUTE, FOR AND Old BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH HARRINGTON & CORTELYOU FOR ENGINEERING SERVICES IN CONNECTION WITH THE DESIGNING AND C014STRUCTION OF AN UPPER C14AII14EL RAILROAD AND HIGHWAY BRIDGE, AND OTHER PROJECTS IN CONNECTION THEREWITH, IN ACCORDANCE WITH THE TERIIS AND CONDITIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND HADE A PART HEREOF. SECTION 2. THE NECESSITY FOR COMMENCING THE ENGINEERING WORK NECESSARY TO THE CONSTRUCTIO14 OF AN UPPER CHANNEL HIGHWAY AND RAILROAD CROSSING, AND THE EMPLOYMENT OF AN ENGINEER TO PERFORM SUCH SERVICES, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL DE PASSED FINALLY OK THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE IIAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BENZ FULL FORCE AND EFFECT FROI4 AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY of JANUARY,' 1955. 14AYGR THE CITY OF CORPUS CHRISTI, TEXAS ATTF,S . CITY SECRETIN RY / APPROVED AS T LEGAL FORM: CITY A TORN Y Cf .yam... •�r�o �{oGII ;{•.'u �.�:r4we.a�w+N..MM4,....xwf .., ..p - -ne .., ..>,+ro.n . w• w>,.•.! •.a•>..n+Y.w-.rwr. ++R•w.•.,+.. r. ... +Wf...,.., ..P.. w+ � L P nn •> ` + a a 1 ARTICLES OF AGREEMENT BETWEEN THE ' CITY OF CORPUS CHRISTI, TEXAS a AND HARRINGTON & CORTELYOU THIS AGREEMENT ENTERED INTO THIS 20TH DAY OF JANUARY, 1955, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED THE "CITY" AND HARRINGTON & CORTELYOU, CONSULTING ENGINEERS, OF KANSAS CITY, MO., A PARTNER-- SHIP CONSISTING OF FRANK M. CORTELYOU, E. M. NEWMAN AND F. M. CORTELYOU, JR., HEREINAFTER CALLED THE "ENGINEERS ", ' WITNESSETH THAT: WHEREAS, THE CITY HAS ENTERED INTO AN AGREEMENT WITH THE UNITED ' STATES OF AMERICA, REPRESENTED BY THE SECRETARY OF THE ARMY, HEREINAFTER RE- FERRED TO AS THE "GOVERNMENT ", FOR THE RELOCATION OF THE CITY'S BRIDGE ACROSS THE PORT ARANSAS °CORPUS CHRISTI WATERWAY AT THE ENTRANCE TO THE MAIN TURNING BASIN ON A SITE OVER THE CHANNEL TO TULE LAKE; AND WHEREAS, THE ENGINEERS HAVE HERETOFORE PARTICIPATED IN THE NEGOTIATION OF SUCH AGREEMENT BETWEEN THE GOVERNMENT AND THE CITY AND HAVE PREPARED A REPORT WHICH BY REFERENCE, THERETO IS INCORPORATED IN SUCH AGREEMENT AND MADE A PART THEREOF; AND ° WH£RE115, THE CITY DESIRES THE FURTHER SERVICES OF THE ENGINEERS AS �.. REQU I RED FOR; ;THE, CARRY 1 NG, OUT OF THE PROJECT ANDI THE ENGINEERS DES 1 RE, TO RENDER SUCH qSERVICES. - - - - r NOWy'THEREF.ORE, IT.1s AGREED BEFWEEN_THE -P,. ART- IES.HRETFC QW$.'{4. - m..__° �. •'r,� -, -A".. : .•,. ^�i -emu ,'-x;' „� -, -' '.. r d• Al I. THE "PROJECT ", AS HEREINAFTER REFERRED TO, SHALL INCLUDE THE BRIDGE OVER THE TULE LAKE CHANNEL BETWEEN, AND INCLUDINGjI THE ABUTMENTS THEREOF, AND INCLUDING THE FENDERS ON EACH,SIDe OF ` THE CHANNEL, AS SHOWN AND DESCRIBED IN THE ;REPORT OF THE` ENGINEERS HERETOFORE REFERRED 4TO, OR AS SAME NAY BE MODIFIED OR REVISED BY REQUIREMENTS OF THE GOVERNMENT OR BY SUBSEQUENT AGREEMENT BETWEEN THE GOVERNMENT AND THE CITY, AND THE REMOVAL OF THE EXISTPNG BASCULE BRIDGE BETWEEN, AND INCLUDING, ITS ABUTMENTS AND OF ITS FENDERS ON,EACH SIDE OF THE CHANNEL. THERE IS SPECIFICALLY EXCLUDED THEREFROM ALL TRAFFIC CONTROL SYSTEMS OR SIGNALS THAT MAY BE REQUIRED AND THE - a RAILROAD INTERLOCKING- SYSTEM FOR THE VERTICAL LIFT SPAN E- 6~ L t' r E4 OVER THE CHANNEL, BUT THE CITY SHALL HAVE THE RIGHT, FOR A PERIOD OF SIX (C) MONTHS FROM THE DATE OF THIS . AGREEMENT TO INCLUDE AS PART OF THE PROJECT CONNECTING ROADS, RAILROADS, UNDERPASSES, OVERPASSES OR OTHER RE- LATED IMPROVEMENTS. 11. THE ENGINEERS SHALL PERFORM ALL USUAL ENGINEERING SER- VICES REQUIRED FOR THE PLANNING OF THE PROJECT, FOR THE -SUPERVISION AND INSPECTION OF ITS CONSTRUCTION AND FOR THE APPORTIONMENT OF COSTS BETWEEN THE GOVERNMENT AND THE CITY, AS FOLLOWS: 1. SHALL FURNISH ALL EQUIPMENT AND MAKE ALL SUR- VEYS,'MEASUREMENTS AND SOUNDINGS AS NECESSARY TO DETERMINE THE FINAL LOCATION OF ALL PARTS OF THE PROJECT AND TO PREPARE GENERAL AND DETAIL PLANS FOR THE CONSTRUCTION. P. SHALL FURNISH ALL EQUIPMENT AND MAKE ALL SUR- VEYS NECESSARY FOR THE PREPARATION OF DESCRIPTIONS OF ALL RIGHT -OF -WAY REQUIRED WHEN THE FINAL LOCATION HAS BEEN DETERMINED AND APPROVED BY ALL PARTIES AT INTEREST, AND PREPARE SUCH DESCRIPTIONS AND NECESSARY PLATS FOR SUCH RIGHT -OF -WAY. 3. SHALL PREPARE PLANS AND CONTRACT DOCUMENTS FOR SUCH BORINGS AND OTHER SUB- SURFACE INVESTIGATIONS WHICH MAY BE REQUIRED FOR DESIGNING THE FOUNDATIONS, ASSIST IN SECURING BIDS AND AWARDING A CONTRACT TI-ERE- FOR, SUPERVISE THE WORK OF THE BORING CONTRACTOR AND PREPARE ESTIMATES FOR PAYMENTS TO HIM, PREPARE DRAWINGS SHOWING THE DATA OBTAINED AND INCORPORATE SAME IN THE DETAIL PLANS, AND INTERPRET ALL SUCH DATA AS TO THEIR EFFECT ON NEW STRUCTURES. 4. SHALL PREPARE ALL GENERAL PLANS AND SPECIFICATIONS FOR THE PROJECT AS REQUIRED BY THE CONTRACT BETWEEN THE GOVERNMENT AND THE CITY AND COMPLETE DETAIL PLANS AND CONTRACT DOCUMENTS FOR THE PROJECT AS NECESSARY FOR THE TAKING OF BIDS THEREON AND THE CONSTRUCTION OF THE PROJECT BY CONTRACTS TO BE LET BY THE CITY. THESE PLANS AND CONTRACT DOCUMENTS SHALL BE M DE TO MEET THE APPROVAL OF THE CITY AND OF THE CORPS OF ENGINEERS, US.A. PRINTS OF PLANS AND COPIES OF PRINTED OR MIMEOGRAPHED AND BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS SHALL BE FURNISHED IN SUCH NUMBER AS REQUIRED FOR THE USE OF THE CITY AND - `iir.{y�i':'.- h \rl(i 4\��'K Y'M'+Mr.a, nni.rNc •. ., aerie *i_ .,. �I. .«.... r.M'Yfnw.,W! °��}`SN1M<., .., T - THE CORPUS OF ENGINEERS, FOR SECURING BIDS AND FOR USE p OF THE CONTRACTORS.'OURING CONSTRUCTION OR ANY OTHER USAL •� - - PURPOSE IN CONNECTION WITH THE PROJECT, - 5" ASSISTTHE CITY IN SECURING BIDS, ATTEND THE OPENING :OF BIDS AND _ASSIST IN TABULATING AND ANALYZING -- -r .• THEM AND IN THE AWARD OF CONTRACTS. ` 6.' SHALL CHECK ALL_ SHOP AND WORKING DRAWINGS PREPARED SY THE - CONTRACTORS FOR CONSTRUCTIONS EMPLOY AT THEIR OWN -, — EXPENSE INSPECTION BUREAUS• FOR THE INSPECTION AND TESTING ' «_"`_ • . - - OF MANUFACTURED ITEMS -OF MATERI AL AT THE POINT: OF MANUFAC— TURE AND INSPECT ALL' 6 * ONSTRUCT I ON MATER I ALS�AFT ER LIVERY AT SITE ;' SUPERVISE AND INSPECT 'ALL CONSTRUCTION OPERATIONS, _ J '1'' " "��- "•ii " -` ' - -- PROVIDING AN "EXPERIENCED AND, gUALlFI ED`7CESI DENT •_ENGINEER ' ' FOR'THIS• PURPOSES TOGETHER-WITH SUCH ASSISTANTS AS - MAYBE' ' NECESSARX FOR SURVEYS, LOCATION OF-UNITS OF•CONSTRUCTION, INSPECTIONS RECORD KEEPING AND'ALLOTHER,THINGS NECESSARY T6- ASSURE COMPLETED CONSTRUCTION IN ACCORDANCE,WI TH THE "? PLANS AND CONTRACT DOCUMENTS.'`. •' - - -'sa 4• -''`- -"" - - ?.Y SHALL PREPARE 'THE MONTHLY AND FINAL ESTIMATES FOR PAY- MENTS TO THE CONTRACrTORS. , - - " ''• H. SHALL MAKE, BY PRINCIPALS OF.THE FIRM, PERIODIC VISITS 9 ' TO THE WORK FOR THE` i NSPRd TION THEREOF TO•INSURE_THAT THE METHODS OF CONSTRUCTION USED ARE PROPER TO­PRODUCE THE DE- -"-A SIREDRESULTS AND THAT�SUCH ;RESULTS ARE BEING. SECURED;­ ' - -�- LIKEWISE MAKE A FINAL - INSPECTION OF THE ENTIRE' "PROJECT,lOR - - - - •ANY,PART THEREOF INCLUDED IN A, SEPARATE CONTRACT, ON ITS - - _ INCLUDING THE OPERATION. AND ADJUSTMENT -OF- -THE- •��•-- - " ,'f._,kLVABLE-,SPAN, -,AND, CERTIFY TO THE SATISFACTORY-COMPLETION OF - ,,,.THE ENTIRE PROJECT OR ANY SUCH PART. ' =`" ^. • y: 9:j. UPON COMPLET,LON, OFxTHE,ENTI REy PROJECT,;- SHALL- FURNISH;;.:'s't`a -- --- - 5'.• -. `-•r L��y °;.tip`, _ •''"T;t '"- "':"'� °""w' " ^- �Y,' -THE GITY-A' REPORT COVERING THE CONSTRUCT I O N4 OF'�THE - PROJECT.AND REVISED DETAIL PLANS TO SHOD- DETAILS OF THE WORK -' ..ir, AS BUILT. - .,.r. -.-`" - r'sr ; _ _ - ..f„+`• -a•i A..,'s ;., - ___ - iy' _ :,`'` - - '.t,.;y�.F�'�.ia� >- ;err..�i_, q»rz •,^ ° " -SaY' - M -: v; H, -.. - -, �10. SHALL ASSIST THE CITY IN ALCPHASES OF ITS' HANDLING" OFrr' -' ;y¢• ";;x - MATTERS «PERTAINING TO THE PROJECT .WITH THE CORPS OF ENGINEERS, ATTENDING CONFERENCES r WITH THEM AS NECESSARY FOR_ DECISION AND AGREEMENT•ON�F INAL" LOCATION OF= ALL'PARTS; O+F THE'PROJ ECT -SON SEQUENCE OF�CONSTRUCTIVN, MAINTENANCE OF WATER TRAFFIC, RE= , TMOV AL'OF EXISTING STRUCTURE-- APPROVAL -OF GENERAL' AND`DETAI PLANS' AND'SPECI FI CAT-1 ONS� - APRORT_ I ONMENT OF COSTS, � AND 'ALL �- '. ,_ ,s -',.• ti -- =a„, OTHER 'MATTERS PERTAINING TO-:- THE -DES IGN - AND- CONSTRUCT �.� I ON-OF �. - -_ -S- ,.1'?"°_ u—:` - - THE PROJECT. �•� -« -`� .j,.. a ,�: •k; ::," z"€.., .s T ,, i_., ade-'. ss. 6...•+ s :- ,- n...x......f.,�,e-.....,\.e = �fw..e'+w- „s�?.+!?' •k:r.`y.;�3+��,ti: '- .-•,,rt:_ _-�Y "r - _ ?'ag �-:.. _ �j'•�'�, :, :..3; - {d_ - - u`Y « - -� _ .M .owe .'3., pwa -' -• �.e�- - - -' -a' ♦.Y'M"'?. - a,y.`,o«..'.t; �..T..: -, ri�- z.4 iAa'« _ yam'- _ -'R.N _ ..."�;,�r.$'y.yM:i�. w-. a'+� .'��' `i� 1� - -• - 11. SHALL ASSIST THE CITY IN ITS NEGOTIATIONS WITH - - i„ VARIOUS RAILROAD COMPANIED FOR SECURING THEIR'APPROVAL OF PROPOSED CONSTRUCTION PLANS FOR THE PROJECT. - -- .12. SHALL; WITH RESPECT TO THE PROJECT AS"DEFINED IN " - ARTICLE I HEREOF AND WITH'RE3PECT TO LIKE PARTS OF THE ' HYPOTHETICAL BRIDGE- PROJECTy' PREPARE DRAWI NGSy EST MATES, -.AND REPORTS ALL OTHER DATA AND OTHERWISE-SUPPLEMENT THEIR - - - REPORT-AS INCORPORATED -IN THE CONTRACT - HERETOFORE REFERRED°' TO BETWEEN'THE GOVERNMENT «AND THE CITY, AS NECESSARY TO Is ",;'�;..:,t„•"Y •' •• '- DETERMINE -FROM TIME TO TIME ADDITIONAL APPRDXIM ATE �ESTIMATES -- -± r , - - OF COST AND THE ` APPORTIONMENT THEREOF IN ACCORDANCE WITH - - -- SUCH CONTRACT AND AS NECESSARY, UPON COMPLETION OF -THE - '._,PROJECT, FOR - SECURING AGREEMENT 411TH THE-CORPS� OF ENGINEERS_ -. - ON THE APPORTIONMENT OF THE e�NAL'TOTAL COST PROJECT -. •- -OF E ^•+ 1Z. '$HALL PERFORM ANY OTHER USUAL ENGINEERING SERVICE '- _ RELATIVE TO THE PLANNING, DESIGN AND CONSTRUCTION OF-THE PROJECT. r Ill. NO PROVISION OFTHIS AGREEMENT ELSEWHERE GIVEN SHALL _ -• IN ANY MANNER OBLIGATE THE ENGINEERS'TO MAKE APPRAISALS OF' • _ - • 'RIGHT- OF- WAY'VALUES'OR DAMAGES TO ADJACENT PROPERTY NOR TO PARTICIPATE IN NEGOTIATIONS FOR THE SECURING OF RIGHT -OF -WAY. •- -- - IV. IN CONSIDERATION OF THE SERVICES TO 8E RENDE RED I BY � - -� THE ENGI N EERS HEREUNDEF ^AND THEIR FAITHFUL PERFORMANCE,• THE - _ CI TYSHALLPAY TO'THE ENGINEERS A TOTAL FEE EQUAL TO FIVE AND ONE -HALF (5 -1 PERCENT OF THE COST OF CONSTRUCTION OF WORK - ~ DONE FROM THEIR_ PLANS AND�OR R UNDER THEI SUPERVISION FOR THE- _ :- "PROJECT AS `DEFI NEO IN�ARTI CLE I HEREOF�48UT EXCLUSIVEOF THE s- -- ,; ;- COST +OFRIGHT -OF -WAY OR DAMAGES TO ADJACENT PROPERTY, AND _ EXCLUSIVE OF`THE COST OR,AMOUNT•OF REIMBURSEMENTS MAD£ TO""' O " fANY RAILROAD,' «COUNTY OR NAVIGATION DI Si'RIC R T FO RIG HT- OF-WAYy ' - - -, ' °` "3. ".•e OR -FOR CONSTRUCTION,REPLACEMENT�JRE- CONSTRUCT ION, rPROFERTYy STRUCTURE NOT A PgRT OF•THE PROJECT AS DEFINED itN AR'_I CLE'-I -•� °'_t 'Y= `•'1r °;.± - �•;;,;r HEREOF °FOR WHICH TH, EY'OR=E-ITHEW'OF,= THEM-MA_Y°BC' '6MPENS'ATED� '-'- ,.- 4,;;E;,-�.�: .; :,,,,; - «,;;,_•,; -nc,: OF REIMBURSED BY Ti{E,"CITY.OUT _OFtI TS�FIJNDS OR FUNDS VED - -?�s _REC_E•I FROM'.OTHER �SOURGES.,- $UBJECT,,•T�FOL LOWI NG- PROY- IS10NS OF,THIS -' -_ #h,' •, •- ARTICLE SUCH FEE SHACL•BE - PAYABLE SAS FOLLOWS* - "' �• ~(Z- nOF - -, TWO AND THRTE - QUARTERS - THE'•ESTryI MATE'D (A) 3/i)- PERCENT '-• - CONST EUCTION�CO §E'WITHI- N- SIXTY`(66 - DA13` AFTER "DELIVERY "TO°', ' " " '"` "' - 2'...' .- _,THE CITY �OF-COMPLETE �DETAIL;.PCANS. AND- CONTRACT- DOCUMEN7S34- {8�= =i _ - -, THE REMAI NI`NG'TWO'AND THREE - QUARTERS 4 PERCENT- -OF -.THE �;.z,n •== ,- >• -:-... -� - - t- �- COSTyOF CONSTRUCTION j` L 983 -,T EN'`(�IO) �PERCENT THEREOF iN�MONTHLY.`.• 4BY•= �-- ;' _ PAYMENTS PROPORTI ONAL� -TO- ylHi' - AMOUNTS +EARNED THEmCONTRAC70R3 - `-•� -`•= -�^ - ',tr,- - :•�- �',,1- - -, `FOR CONSTRUCTION,`WITHyF'INAL - PAYMENT' UPOVCOMPC ETI ON40F "ALL '- •; ;, _ -' - ' - •- WORK COVERED ,Y THIS'AG EN `� °•y=° REEMT."' -THE ABOVE �PROVIS'IONS=TO-THE: ,.";,'�;'• °��'''yi *-� � � CONTRARY'NOTWITHSTANDINGjy THE ClTY4 SHALL BE UNDER NO OBLIGATION- ;p- _, .. __.'., .. _,...�.�.,,a,�...;.�,�•.�,,.� ---� -w . ' .. ,___ _:,.ter, ..�.�..,...�....:�....� � " TO PAY TO THE ENGINEERS ANY PART OF THEIR FEE DUE IN- 't. .. w EXCESS OF SEVENTY -FIVE THOUSAND DOLLARS ($75,000) UN- - _ TIL SUCH TIME AS AN APPROPRIATION FOR CONSTRUCTION OF- - ' - - - THE PROJECT IS MADE BY THE CONGRESS OF THE UNITED ^ - STATES OF AMERICA AND FUNDS THEREFROM ARE AVAILABLE - - TO THE CORPS OF ENGINEERS, U.S.A.; TO PAY THE GOVERN- • MENT'S SHARE OF SUCH �.� -- IT 16 CONTEMPLATED THAT THE ENTIRE-PROJECT WILL NOT BE� - i LET IN A SINGLE CONTRACT BUT WILL-BE DIVIDED INTO SUIT- _ ` ABLE PARTS FOR THE PURPOSE OF LETTING CONTRACTS AND THAT '_ -�'+ " +,•, CONTRACTS FOR ALL: PARTS WILL, NOT BE LET 'AT THE SAME TIME. _ _ - - THE ABOVE PROVISIONS RELATIVE TO TIME OF PAYMENT OF FEE - __ -Y.. SHALL APPLY_TO EACH SEPARATE PART -WHICH IS TO BE AND/OR r_ IS - LET'AS A SEPARATE CONTRACT.^ ` _ '• -,. r •- - - •, V. IT IS CONTEMPLATED BY THE PARTIES THAT WITH RESPECT - ° - ' - TO THE BRIDGE OVER THE TULE LAKE CHANNEL AND ITS FENDERS, ` '• - - THE ACTS 4NO PERFORMANCES REQUIRED PRIOR TO,' AND INCLUD- ING THE WORK DESCRIBED IN SUBSECTION 4 OF ARTICLE 11 ' ABOVE SHALLa BE COMPLETED WITHIN SEVEN (7) MONTHS OF THE �•.� ;,; DATE HEREOF; THAT, WITH RESPECT TO CONNECTING ROADS, RAIL- ROADS, UNDERPASSES, OVERPASSES; OR OTHER RELATED IMPROVE- -- ' MENTS THAT ARE "INCLUDED IN THE - PROJECT BY EXERCISE OF THE " RIGHT GRANTED THE CITY IN ARTICLE I HEREOF, THE ACTS AND .� PERFORMANCES REQUIRED PRIOR TO, AND INCLUDING, THE WORK _ DESCRIBED IN SUBSECTION 4 OF ARTICLE II ABOVE SHALL BE ` _ --- COMPLETED WITHIN IX t6)- MONTHS OF THE DATE UPON WHICH - -. •� __ THE ENGINEERS RECEIVE NOTICE OF THE EXERCISE OF.SUCH - " _ RIGHT; THAT ALL WORK SHALL BE DONE,WITHI.N A REASONABLE" TIME, AND -THAT THE ENTIRE SERVICES OF THE ENGINEERS SHALL - BE COMPLETED WITHIN FIVE ,(5) YEARS FROM THE DATE HEREOF. ' V,i. THE ENGINEERS FURTHER AGREE TO FURNISH TO THE CITY, y._ -;,� '�3•- _ - IF�WITHIN THEIR POWER SO'TO DO; AN ENGINEER OR ENGINEERS 5 _ _ +Aeaddrz }•.�..- ,,;,,,, ,,,:ACC E_PTAB LE -TO THE, CITY.,_TO WORK UNDER THE DIRECT SUPER= °CITY ±`V151 ON OF, THE OFFICIALS`ANDTHE TECHNI CAL, COMMITTEE- "REPRESENTING THE CITY, NV UECES COUNTY AND NUECES COUNTY;..,'�s; •- °3 'CONNECTION' iNAVIGATION- DISTRICT NO. 1'IN WITH THE PLANNING OF THE VARIOUS PROJECTS OF MUTUAL'INTEREST TO THE RESPEC- TIVE GOVERNMENTAL BODIES:., SUCH ENGINEER OR ENGINEERS,` SHALL BE FURNISHED FOR A PERIOD BY.TWELVE MONTHS-v'. _ - STARTING.WITHIN A_ REASONABCETI ME•,:FROMTHE xDATE „OF;MTI9.IS ",,,, .,,,,•„�, - - _AGREEMENT, WHICH TIME MAY BE FURTHER EXTENDED BY AGREEr -_ MENT BETWEEN THEPART I_ES HERETO: THE ENGINEERS•SHALL`PAY,`L THE SALARY OF AND THE EXPENSES NECESSARILY INCURRED By - ' SUCH ENGINEER OR,'ENGI_NEERS' -- THE- PERFORMANCE HIS­-­-1 Y ";,: -'•. � _OF , DUTIES, AND SHALL 'BED REI MBUItSED THEREFOR-AND FOR ANY EX- �s'r�;w`.• *' PENSES INCURRED BY THE,, ENGINEERS- IN_ "CONNECTION THEREWITH H - - FROM TIME TO TI ME 'UPON PRESENTAT.I ON OF STATEMENTS THERE -, °•. ;- Y - - =Y. ;+,Y.'�'':.` FOR: _ ...,s.,K',, .rrSxw..- +,..,•a,:.wcs_M x':=.`?#.a .`yS:e;'`T:A'i.. m."�wri 5•r`•'y. "as'= `.�•_ `'"'`'r 'fit = = - _ _ "•7, _ - ;.c,.` _ - _ SEC, 4p`P:ha`i�a"ru :"` �••' :F. 'i.•„ry4' h_". f c i.'y,.a •y' -'y,. 'Y.a,T .% -� "� . erit'�'`&:- ^A':�' S_'tw, ".? i:,. _ ^: aK`s _ _ - - , -3 - _ 'e._i5 >� "- .:ifi� -".sir __ - �"J ..a•�_ °`- .. .`;�. %'w -_ -- ; --... ..v:.a. -- . - -'L'. ,.. � ii., e.. ..•S.. -... . -tu ". �_ �_.. . " ". �ro.Sl., .^r?*.��. _. � -_, x.»i P _+....- 5'i'v- ~•�`.q'L'.n. .% ='� IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THIS ,HATE OF .JANUARY, 1955. THE CITY OF CORPUS CHRISTI BY CITY MANAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY QM HARRINGTON & CORTELYOU BY PARTNER t;:pY%^. -=M1 . ` °:�.^ ., ti._- ..- �- :_.r-- �- .•.. --.^ �,, ,- _. `.-= e=. ....... ... .. .. . . . •�-i" ...- - d , h, - _ .....- .uM- .ys.c� �..aie,+an... ... ,,, - .,.„,- a .w• it i .. _. _ '.++s -..s n -,. • .... ry,..._ ..ii.,..,.�. ..wrR.,v -e.+ -, »arw.. -. ARTICLES OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS J AND HARRINGTON & CORTELYOU THIS AGREEMENT ENTERED INTO THIS 20TH DAY OF JANUARY, 1955, BY AND -BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED THE "CITY1e AND HARRINGTON & CORTELYOU, CONSULTING ENGINEERS, OF KANSAS CITY, MO., A PARTNER- SHIP CONSISTING OF FRANK M. CORTELYOU, E. M. NEWMAN AND F. M. CORTELYOU, JR.y HEREINAFTER CALLED THE "ENGINEERS1ey WITNESSETH THAT: ,WHEREAS, THE CITY HAS ENTERED INTO AN AGREEMENT WITH THE UNITED 1 STATES OF AMERICA, REPRESENTED BY THE SECRETARY OF THE ARMY, HEREINAFTER RE- tt FERRED TO AS THE 11GOVERNMENT", FOR THE RELOCATION OF THE CITY'S BRIDGE ACROSS THE PORT ARANSAS- CORPUS CHRISTI WATERWAY AT THE ENTRANCE TO THE MAIN TURNING BASIN ON A SITE OVER THE CHANNEL TO TULE LAKE; AND - WHEREAS, THE ENGINEERS HAVE HERETOFORE PARTICIPATED IN THE NEGOTIATION OF SUCH AGREEMENT BETWEEN THE GOVERNMENT AND THE CITY AND HAVE PREPARED A REPORT WHICH BY REFERENCE THERETO IS INCORPORATED IN SUCH AGREEMENT AND MADE A PART THEREOF) AND t ' ' WHEREAS, THE CITY DESIRES THE FURTHER SERVICES OF THE ENGINEERS AS REQUIRED FOR THE CARRYING OUT OF THE PROJECT AND THE ENGINEERS DESIRE TO RENDER SUCH SERVICES, -x NOW, THEREFORE, IT 15 AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: I. THE °PROJECT °y AS HEREINAFTER REFERRED TO, SHALL INCLUDE THE BRIDGE OVER THE TULE LAKE CHANNEL BETWEEN, AND INCLUDING, THE ABUTMENTS THEREOF, AND INCLUDING THE FENDERS ON EACH SIDE OF THE CHANNEL, AS SHOWN AND DESCRIBED IN THE REPORT OF THE ENGINEERS HERETOFORE REFERRED TO, OR AS SAME MAY BE MODIFIED OR REVISED BY REQUIREMENTS OF THE GOVERNMENT OR BY SUBSEQUENT _ AGREEMENT BETWEEN THE GOVERNMENT AND THE CITY, AND THE REMOVAL OF THE EXISTING BASCULE BRIDGE BETWEEN, AND INCLUDING, ITS ABUTMENTS AND OF ITS FENDERS ON EACH SIDE OF THE CHANNEL. THERE IS SPECIFICALLY EXCLUDED THEREFROM ALL TRAFFIC CONTROL SYSTEMS OR SIGNALS THAT MAY BE REQUIRED AND THE LIFT SPAN RAILROAD INTERLOCKING SYSTEM FOR THE VERTICAL ka'V 4,',�v. •� i , w vw+1-4�r}.�;,.,y- .. ^t .R..�.•. _ . _ ... . . ,..v .+.. 4 n- n- +:..w�•.r ..a w. ." - w s - e r . ,. < �-.vY'�+�, . ti; .fir• - •' ` "''�' OVER THE CHANNEL, BUT THE CITY SHALL HAVE THE RI_GHTy =4j -� "" f'`' •' FOR •`A-PER 16D OF SIX (6) MONTH_S FROM DATE OF'THIS "�i' °�'. - - "; •' -THE AGREEMENT TO INCLUDE AS -PART OF THE PROJECT CONNECTING ROADS, RAILROADS, UNDERPASSES, OVERPASSES OR OTHER RE- -• - - - LATED IMPROVEMENTS. - - - THE ENGINEERS SHALL PERFORM ALL USUAL ENGINEERA NG'SER�- ' VICES REQUIRED FOR THE PLANNING'0F,THE »PROJECT, FOR THE - ' -t _ • `SUPERVIS`f ON'AND INSPECTION-OF ITS CONSTRUCTION AND' FOR" - 44 �' + -• 3 "w-:; ;: " -' •- THE °- APPORTI ONMENT- OF COSTS BETWEEN'THE GOVERNMENT AND '� -" - - -- -' • -- THE CITY, AS FOLLOWSC= 1 E 1. SHALL FURNISH ALL ,EgUi PMENT'AND MAKE ALL'SUR- " - VEYS, :MEASUREMENTS AND SOUNOINGS_AS NECESSARY - TO DETERMINE THE FINAL LOCATION OF ALL- PARTSOF THE _ PROJECT AND TO'PREPARE GENERAL AND DETAIL PLANS FOR • - THE CONSTRUCTION.. " 2. SHALL F6 AND MAKE ALL SURd ' VEYS NECESSARY 'FOR THE PREPARATION OF DESCRIPTIONS ; OF ALL RIGHT —OF -WAY REQUIRED'WHEN THE FINAL LOCATION N r HAS BEE ` DETERMINED AND APPROVED BY ALL PARTIES AT _ - r. - INTERESTS AND PREkKC SUCH DESCRIPTIONS AND NECESSARY -;`•„ PLATS FOR SUCH RIGHT =OF —WAY. a •*�- •' ='•' `' 3.. ,, $HALL PREPARE PLANS'AND ,CONTRACT DOCUMENTS FOR - SUCH BORINGS AND,OTHER SUBLSUtFACEINV ESTiGATI ONS - - G - 'WHICH MAY BE REQUIRED' FOR DESIGNING THE FOUNDATIONS, - -^ - ASSIST IN SECURING BIDS AND AWARDING 'A CONTRACT TFERE— - - - - "- - FOR, SUPERVISE THE'WORK OF T BORING CONTRACTOR AND ' HE 'PREPARE LTIMATES�FOR PAYMENTS TO HIM,'PREPARE DRAW •1 NGS - _ ",.'_`'"�'�',�- SHOWING THELDATA OBTAINED`AND INCORPORATE SAME "INTHE - e.° ro r -. �," Ste\ F♦ .. -. i '= '"' "•"✓-- 'w`"''•= "?�~ "_ `° ��,- `_"'� -` DETAIL' PLANS,` AND `I NTERPREI' "ALL'SUCH DATA 'AS TO THE IR'~'- :�:,W.:., _�'`- - 7, i.' r - ''•a -�"�" `..2; '' EFFECT ON NEW STRUCTURES. •,°,C� r,_ -- - _.c K ^` ^D -pk .., - 'i�; "__r `: -.: •;rR'I.^- r':•- ..`•z,;v X;.:9vxa dcK^ r.: "'s,,Yr,'ae.' ._ �- 'wa .» .,'-.a. nGENERAL`PLANS : - �- , . SHALL PREPARWE'ALL AND SPECIFICATIONS _ FOR THE PROJECT AS REQU 1 RED BY, THE .CONTRACT BETWEEN '- -' " THE GOVERNMENT AND_ THE, CITY -,AND' COMPLETE.: DETA I L -P-LANS•--?:.'.•,•>.-1'- _;,. . ; "' .• '. - 'AND CONTRACT`DOCUMEN -TS FOR THE PROJECT AS NECESSARY FOR _ - '- - -• " ' THE',TAKING OF -B I'D$-THEREO(J AND *THE CONSTRUCT ON•OF -THE •'',� -'., ;'• ` "• --, ��', -,,.. t -- -- PROJECT BY CONTRACTS „TO BE LET BY THE CITY „'THESE <PLANS�'v " "�'� ",''.' -e AND CONTRACT DOCUMENTS SHALL.- BE;MAOE,TO MEET T,HE,'APPROVAL+a,-_. r.. - --- "y OF THE ,y OF'PLANS -AND COPT ES OF- PRINTED OR MIMEOGRAPHED "AND BOUND-` ': s 71 THE CORPUS OF ENGiNkERS,' FOR SECURING' BIDS AND FOR USE OF THE CONTRACTORS 'DURING 'CONSTRUCTION OR ANY OTHER USAL PURPOSE IN CONNECTION WITH THE PROJECT SHALL ASSIST'THE'Citi IN SECURING BIDS, 'ATTEND _THE I OPENING OF BIDS AND I AS6ISt'IN TABU LATING AND ANALYZING THEM AND IN, THE AWARD OF CONTRACTS. 6. SHALL CHECK ALL SHOP AND WORKING DRAWINGS PREPARED BY THE CONTRACTORS FOR CONSTRUCTION; EMPLOY AT THEIR OWN -E'XPENSEjN6PECiI6N BUREAUS INSPECTIO N, - I AN D . _ , TESTING . OF MANUFACTURED I TEMS.Oe MATERIAL AT THE POINT OF MANUFAC- TURE'ANO INSPECT ALL' CONSTRUCTION MATItilA'LS'iF'TER DELIVERY AT. SITE; • SUPERVISE AND INSPECT ALL CONSTRUCTION, OPERATIONS, , -PROVIDING ... kiiT 'ENGINEER -"' ,AN EXPERIENCED AND QUALIFIED AESID ... FOR THIS PURPOSE, i , TOG ' R W ETHE TO' 6UC A ASSISTANTS AS MAY BE NECES-S'A'RX"FOR'--S'U'RVEY'Sj LOCATION OF-UNITS ,OF CONSTRUCTION, ihSkCTION;'gEE6AD KEEPING_AND'ALCOTArR THIhG`S'diCEiiARY TO' ASSURE COMPLETED CONSTRUCTI ON IN ACCORDANCE, WI TH THE PLANS- AND CONTRACT DOCUMENTS.' 7• SHALL PREPARE THE-MONTHLY AND FINAL ESTIMATES FOR PAY- MENTS TO THE CONTRACTORS. 8- MAKES BY PRINCIPALS OF THF'FIRM, PERIODIC-VISITS _HALL TO THE WORK 'FOR 'THi*iNSPECTION'TH'ERE'OF"TO'I'NSURE I THAY,TgE- METHODS OF CONSTRUC TION,USED ARE PROPER TO PRODUCE THE DF- Sl RED RESULTS A4 D FINAL INSPECTION '& THE ENTIRE PROJECT,'OR ANY _pkii-:61E ;-E'6F ­f NKU6'E'D­ 'N'- -A. S. E"Pilt'ATE CONTRACT ON ITS COMPIETION,, N I;�LUiild- THE OPERATION AND ADJUSTMENT OF,-THE 'D _ MdVABICEISPAN, • AND ' CERTIFY TO'THE"ditiSFACTORY COMPLETION OF THE ENTIRE 'PROJECT OR ANY SUCH PART.' 9: UPON COMPLETION-OF"THE ENTIRE-PROJECTI SHALL FURNISH'-:*-­-----,� CITY i A' � E 0 b. R� Ti- ° 6 OV t RT 'I TH NG,THE-CONSTRUCTION-6F--THk"EhT PRO%IECT;AND REVISED DETAIL PLANS TO SHOW DETAILS OF THE,WORK AS BUI,L:�. 10" SHiLIL"_AiSl ST'7TH I E'CITYlN ALL'PHASES OF, I TS �'HANDL I NG OF, MATT I ERS 1. PERTAINING -TO Tk'Pi OJEC T�. jHE _y! ATTENDING' CONFERENCES W TH TH EM _-XS ECESSA R Y:FOR DEC D I E CI -S I ON-AND . . I . . AGREEMENTS ON' FINAL LOCATION � OF-ALt PARTS•OF THE�PROJECT, ON SEQUENCE OF CONSTRU ANCE OF WA ER TIW,7hC_t_k��_- MOVAL OF EXISTING iP0iO_V`A'_L' .0-FGEN-'ER;A'L'-A'N'�D4'f)ETAIL-- ` EC I F I C AT I ON­APPORT I ONM EN T-OF­ COSTS,- L,� PLANS AND SAP. Sj AND,AL� , OTHER MATTERS PERTAINING TO THE DE91GIT 'AND' CONSTRUCTION' Or-- THE PROJECT. • � r E F' Ee�x i� vk� a 11. SHALL ASSIST THE CITY IN ITS NEGOTIATIONS WITH VARIOUS RAILROAD COMPANIED FOR SECURING THEIR APPROVAL OF PROPOSED CONSTRUCTION PLANS FOR THE PROJECT. .12. SHALL, WITH RESPECT TO THE PROJECT AS DEFINED IN ARTICLE i HEREOF AND WITH RESPECT TO LIKE PARTS OF THE HYPOTHETICAL BRIDGE'PROJECT, PREPARE DRAWINGS, ESTIMATES, REPORTS AND ALL OTHER DATA AND OTHERWISE'SUPPLEMENT THEIR REPORT AS INCORPORATED IN THE CONTRACT HERETOFORE REFERRED TO BETWEEN THE GOVERNMENT AND THE CITY, AS NECESSARY TO DETERMINE -FROM TIME TO TIME ADDITIONAL APPROXIMATE ESTIMATES OF COST AND THE APPORTIONMENT THEREOF IN ACCORDANCE WITH SUCH CONTRACT AND AS NECESSARY, UPON COMPLETION OF THE PROJECT, FOR SECURING AGREEMENT WITH THE CORPS OF ENGINEERS ON THE APPORTIONMENT OF THE FINAL TOTAL COST OF PROJECT. 12. SHALL PERFORM ANY OTHER USUAL ENGINEERING SERVICE RELATIVE TO THE PLANNING, DESIGN AND CONSTRUCTION OF THE PROJECT. III. NO PROVISION OF THIS AGREEMENT ELSEWHERE GIVEN SHALL IN ANY MANNER OBLIGATE THE ENGINEERS TO MAKE APPRAISALS OF RIGHT -OF -WAY VALUES OR DAMAGES TO ADJACENT PROPERTY, NOR TO PARTICIPATE IN NEGOTIATIONS FOR THE SECURING OF RIGHT -OF -WAY. IV. IN CONSIDERATION OF THE SERVICES TO BE RENDERED BY THE ENGINEERS HEREUNDEF ^ND THEIR FAITHFUL PERFORMANCE, THE CITY SHALL PAY TO-THE ENGINEERS A TOTAL FEE EQUAL TO FIVE'AND ONE -HALF (5 -1/2) PERCENT OF THE COST OF CONSTRUCTION OF WORK DONE FROM THEIR PLANS AND/OR UNDER THEIR SUPERVISION FOR THE PROJECT AS DEFINED IN ARTICLE I HEREOF_, BUT EXCLUSIVE OF THE COST OF RIGHT -OF -WAY OR DAMAGES TO AEJACENT.PROPERTY, AND EXCLUSIVE OF'THE COST OR,AMOUNT OF REIMBURSEMENTS MADE TO ANY, RAILROAD, COUNTY OR NAVIGATION DISTRICT FOR RIGHT -OF -SWAY, OR FOR CONSTRUCTION, REPLACEMENT, RE- CONSTRUCTION, PROPERTY, OR STRUCTURE NOT A PART OF THE PROJECT AS DEFINED IN ARTICLE I HEREOF FOR WHICH THEY OR EITHER OF THEM MAY BE COMPENSATED OR REIMBURSED BY THE CITY OUT OF ITS FUNDS OR FUNDS RECEIVED FROM OTHER SOURCES.-SUBJECT TO FOLLOWING PROVISIONS OF THIS ARTICLE SUCH FEE SHALL BE PAYABLE AS FOLLOWS; (A) TWO AND THREE - QUARTERS (2 -3/4) PERCENT OF THE ESTIMATED CONSTRUCTION COST WITHIN SIXTY (E)O) DAYS AFTER DELIVERY TO THE CITY OF COMPLETE DETAIL PLANS AND CONTRACT DOCUMENTS; (S) THE REMAINING TWO AND THREE - QUARTERS (2- 3/4),PERCENT OF THE COST OF CONSTRUCTION, LESS TEN (10) PERCENT THEREOF, IN MONTHLY PAYMENTS PROPORTIONAL TO THE AMOUNTS EARNED BY THE CONTRACTORS FOR CONSTRUCTION,'WITH FINAL PAYMENT UPON COMPLETION OF ALL- WORK COVERED BY THIS AGREEMENT. THE ABOVE PROVISIONS TO THE CONTRARY NOTWITHSTANDING, THE CITY SHALL BE UNDER NO OBLIGATION -4- ... •tom TO PAY TO THE ENGINEERS ANY PART OF THEIR FEE DUE IN EXCESS OF SEVENTY -FIVE THOUSAND DOLLARS ($75,000) UN- TIL SUCH TIME AS AN APPROPRIATION FOR CONSTRUCTION OF THE PROJECT IS MADE BY THE CONGRESS OF THE UNITED STATES OF AMERICA AND FUNDS THEREFROM ARE AVAILABLE TO THE CORPS OF ENGINEERS, U.S.A., TO PAY THE GOVERN - MENT'S SHARE OF SUCH FEE. IT IS CONTEMPLATED THAT THE ENTIRE-PROJECT WILL NOT BE LET IN A SINGLE CONTRACT BUT WILL BE DIVIDED INTO SUIT- ABLE PARTS FOR THE PURPOSE OF LETTING CONTRACTS AND THAT CONTRACTS FOR ALL PARTS WILL NOT BE LET AT THE SAME TIME. THE ABOVE PROVISIONS RELATIVE TO TIME OF PAYMENT OF FEE SHALL APPLY TO EACH SEPARATE PART WHICH IS TO BE AND/OR IS LET AS A SEPARATE CONTRACT. V. IT IS CONTEMPLATED BY THE PARTIES THAT WITH RESPECT TO THE BRIDGE OVER THE TULE LAKE CHANNEL AND ITS FENDERS, THE ACTS AND PERFORMANCES REQUIRED PRIOR TO, AND INCLUD- ING THE WORK DESCRIBED IN SUBSECTION 4 OF ARTICLL II ABOVE SHALL BE COMPLETED WITHIN SEVEN (7) MONTHS OF THE DATE HEREOF; THAT, WITH RESPECT TO CONNECTING ROADS, RAIL - ROADS, UNDERPASSES, OVERPASSES, OR OTHER RELATED IMPROVE- MENTS THAT ARE INCLUDED IN THE PROJECT BY EXERCISE OF THE RIGHT GRANTED THE CITY IN ARTICLE I HEREOF, THE ACTS AND PERFORMANCES REQUIRED PRIOR TO, AND INCLUDING, THE WORK DESCRIBED IN SUBSECTION Y OF ARTICLE II ABOVE SHALL BE COMPLETED WITHIN SIX (6) MONTHS OF THE DATE UPON WHICH THE ENGINEERS RECEIVE NOTICE OF THE EXERCISE OF SUCH RIGHT; THAT ALL WORK SHALL BE DONE WITHIN A REASONABLE TIME, AND THAT THE ENTIRE SERVICES OF THE ENGINEERS SHALL BE COMPLETED WITHIN FIVE (5) YEARS FROM THE DATE HEREOF. VI. THE ENGINEERS FURTHER AGREE TO FURNISH TO THE CITY, IF WITHIN THEIR POWER SO TO DO, AN ENGINEER OR ENGINEERS ACCEPTABLE TO THE CITY, TO WORK UNDER THE DIRECT SUPER- VISION OF THE CITY OFFICIALS AND THE TECHNICAL COMMITTEE REPRESENTING THE CITY, NUECES COUNTY AND NUECES COUNTY NAVIGATION DISTRICT N0. 1 IN CONNECTION WITH THE PLANNING OF THE VARIOUS PROJECTS OF MUTUAL INTEREST TO THE RESPEC- TIVE GOVERNMENTAL BODIES. SUCH ENGINEER OR ENGINEERS SHALL BE FURNISHED FOR A PERIOD BY TWELVE (12) MONTHS STARTING WITHIN A REASONABLE TIME FROM THE DATE OF THIS AGREEMENT, WHICH TIME MAY BE FURTHER EXTENDED BY AGREE- MENT BETWEEN THE PARTIES HERETO. THE ENGINEERS SHALL PAY THE SALARY OF AND THE EXPENSES NECESSARILY INCURRED BY SUCH ENGINEER OR ENGINEERS IN THE PERFORMANCE OF HIS DUTIES, AND SHALL BE REIMBURSED THEREFOR AND FOR ANY EX- PENSES INCURRED BY THE ENGINEERS IN CONNECTION THEREWITH FROM TIME TO TIME UPON PRESENTATION OF STATEMENTS THERE- FOR. -5- IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THIS HATE OF ,JANUARY, 1955. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY -6- THE CITY OF CORPUS CHRISTI BY CITY MANAGER HARRINGTON & CORTELYOU BY PARTNER CORPVS HRISTI, TEXAS O 1955 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 SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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 CO .NCIL. RESPECTFULLY, OR - CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY - ELLROY KING > JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: . P. C. CALLAWAY - ELLROY KING ` JAMES S. NAISMITH W. JAMES BRAGS F. P. PETERSON, JR,.