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HomeMy WebLinkAbout04613 ORD - 08/15/1956AP ;8I15IJn TE.f�S AN ORDINANCE AUTHOiRI71NG AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF.-OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT WITH CEDRIC H. MARKS, BY AND THROUGH HIS ATTORNEY IN FACT BEN D. MARKS; BEN D. MARKS, INDIVIDUALLY; AB P1. KATZ; AND HARRY IdEISMAN WHEREBY THE CITY AGREES TO AKE THE NECESSARY ACTION TO PAVE OR HAVE PAVED SOU H S _ STREET EXTENDING FROM HA114LIN DRIVE TO THE SOUTH INTCR- SECTION OF GOLLIHAP, ROAD UPON THE AGREEMENT OF 5�— OWNERS TO PROVIDE THE NECESSARY FIELD WORT( FOR THE PREPAR- ATION OF PLANS AND SPECIFICATIONS AND TO PURCHASE FROM THE CONTRACTOR CERTAIN ASSESSFIEIIT CERTIFICATES WHICH MAY BE AGAINST HOMESTEAD PROPERTY, ALL IN ACCORDANCE '41TH THE TERI`4S ANDD IS IONS OF SAID CONTRACT, A COPY OF +JHICH 15 MADE A PART HEREOF; AND DECLARING AN EPIERGENCY. IT 0I2JA I NEJ SY T; :E_ CITY CCJJNC I L CF THE CITY OF CORPUS CNR 15 T I , SECTION 1. THAT THE CITY MXNAGER BE, AND HE 15, HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT W1 TI: CEDRIC F1. I'IA::CS, BY AND THROUGH HIS AT-, ONNEY IN FACT BEN D. MARKS; BEN D. 1= IANI:5, I HID IVI DUALLY; ABE KATZ; AIID HARRRY 'i JEI SMAN, WHEREBY THE CITY AGREES TO TAKE THE NECESSARY (ACTION TO PAVE Of: HAVE PAVED SOUTH STAPLES STREET EXTENDIfIG FROM HANI,IN JHIVE TO THE 6CUTH INTERSECTION OF GOLLIHA„ ROAD, UPON THE AG�(EEMENT OF SAID OWNERS TO PROVIDE THE NECESSARY FIELD WORK FOR THE PREPARATION OF PLANS AND SPECIFICATIOh15 AND TO PURCHASE FROII THE CONTRACTOR CERTAIN ASSESSMENT CE.TIFI- CATES WHICH h1AY BE AGAINST HOMESTEAD PROPERTY, ALL IN ACCORDANCE WITH THE TERMS ANC PROVISIONS OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION G. THE FACT THAT IT IS NECESSARY TO ENTER INTO THE CONTRACT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC ENEi'GENCY AND AN IMPERATIVE PUBLIC �:ECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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 RECULAI'd 'MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, REQUESTS THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTIOII AND TAKE EFFECT AND BE III FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 15 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF AUGUST, 1956. ATTES � V3 MAYOR �f THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRET I4 APPROVED AS VO LEGAL FORM (/ f AUG 15, 19" _ r • CITY ATTOR Id Y ��3 INS:AP38/14/56 THE STATE OF TEXAS COUNTY OF NVECES -i I!; y _Y M40 TW, E:?, TJ;C E - TY ()I, CnRp'v> C410k I ST I, TEXAS AcTfwG 5f ANt�l C. I - -Y !,ANAIaL;t, iElEIW�,TO DULL` AUTHOR- IZED BY Tlig 'CilY ')r CiAIGTA, TL:A.*, AND THE t;Noi- t1fiC Al;t: INT;-IIRZ5oL,-, i'° 74F UEVI,LtdvlC!,T k,r i'AAKaALE PLAZA !. il'W�K�i, AC IfIr,' mcitril ,1140PPINQ C"ENT"i" A�0 Tis T}4- f�Lk- ESTATF 1:a -rW- ir.�A* T . It 9Y AND THROti*Ii HIS 9kTT3ftNCY-tN-FACT' 3rN F). ilWIK5� REM 7. MARKS� iNDIVIDUAL4Y; Aac M. KArz; AND NA17TY WILISNAN�, L. 7N AS "OWNLIS", 1!11 Df RAT OF THE ITITOAL HEftPARArTEIV SET FORTH, AND FOR SUCH V I T N 6 ti T H IT 3Y kl) aCTWEFN , PAf:,-,IfS AS FOLLoWS; s. TH,- 4.',ITY OF (,ORPUS Wi!— J;ourii JTAPi-rLS STRECT, A STREET WITHIN tTS l.'3, TO PAVE() WITH IJOT-' X A3PHALTIs.' CONCAETE PAVEMENT, AND C,VNCRrTE CUl" ANO GUTYFR5 (tNCLUDiNG UillEWA-1,ZA AMD SCVER INF-TS AND EZAUffi) TO 14 CONSTRUCTED FIOM THE P(ANT ON SAID STRI:CT 141. PAVvG 6viPR0vEMrjITS UNDE01 THE :,OHTRACT AUTHORtZF0 'dY CITY OftamAmcc no. 4429 TERMINATE AT HAMLIN ORIVL, TO AND INCLU019G THE Of GOLLIHAR �!QAO WITH THE SAID SOUTH STAPLES STREET, SAID POINT OfIW APPROXIMATCLY EIGHT HUMORED SIXTY FEET (dW) 860714 or 7M& INT99- SECTION OF SOUTH STAPLES STREET AND EVERHART 0Ao, THE IMPlOVO4ENTIt SMALL BE TO A Tom WIDTH or Sixyy-rivt (&)), SLING jiXrY-CWZ FEET (611) Of PAVINQ WITH TWO (2) FOOT CURB AND MUTTCA SeCTIONS on EACH 310t THEREOF, PLUS $10""K3 WHERE THE CITY OESIRES AND 914KT OF WAY Or SUrFtCIENT W4DTA IS AVAfLAdLt. 2!. THE CITY OF CORPUS CHRIST! A-igCES TO USE ITS OtST EFFORTS TO CAUSE A WORK 0ttOCR TO 9C ISSUED FOR THE IOPIOVPNENTS DESCRIBED IN PARACRAPH I ABOVE NOT LATER THA!m JANUARY 15, 19.57. IN THE EVENT THAT A W"A ORDER t8 NOT #SsvED BY JANUARY 15, 1951, THIS CONTRACT, tO fTZ ZWTIR`CTYI SMALL 5E NULL A" voto. THE CITY SHALL HAVE -40 LIWILITY FOR SERVtCf.5 FURNISHED NOR EXPENDITURES MADE By UWNEftS NOR FOR AqY DAMAGES IN ANY RESPECT tN EVENT THIS CONTRACT Or So TERMINATED. 3. THE OwuEms AGREE TO PROV OC ON OR UCFORC AUGUST 29, 1956, AT ITS EXPeNSZO THE NECESSARY FIELD WORK FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PEArOANANCt Or THE WORK DESCRIev.) IN PARAORAPH I ABOVE AND THE ACTUAL PLANS AND SPE""IFICAT40'43, THEREFOR IN A fO&M, AND WITH SPECIFICATIONS, ACCEPTABLE TO THE CITY. EACH DAY OF DELAY BEYOND SAla DELIVERY DATE SMALL EXTEND THE OFAO- LIVE ItEGAPOING ISSUANCE Or WORK ORDER ONE (1) DAY DEOND THE DATE, Or JANUARY 150 1W, PROVIDED IN PARAORAPH 2 ABOVE. SUCH SERVICES ARE TO BE PERFORMED BY H & M 0 ENGINEEICING COMPANY. THIS OBLIGATION EXTENDS TO ALL THE FIELD WORK NECESSARY FOR THE P3FPARATIQN OF PLANS AND SPECIFICATIONS FOR THE PAYING AND CURDS AND GUTTERS AND SIDEWALKS AND STORM SEWER INLETS AND LCADSI AND THE ACTUAL PREPARATION OF PLANS AND SPECIFICATIONS THEREFOR AND CONTRACT DOCUMENT$ (WITH SUFFICIENT COPIES FOR THE LETTING OF 31D5) AND ALSO SHALL INCLUO -C THE GENERAL SUPERVISION OF THE WORKS BUT EXCLUDES ALL WORM WITH RESPCCT.TO STORM SEWERS (AS 015TINGUISHED I" INLETS AND LEAOs). II. IF THE CITY OF CORPUS CHRISTI SHALL ELECT TO AND SHALL ASSESS A PORTCON OF THE COST OF THE IMPROVEMENTS DESCRIBED IN PARAGRAPH 'I ABOVE AGAINST THE ABUTTING PROPERTY ON BOTH SIDES OF THE PORTION OF SOUTH STAPLES STREET DES- CRIBED ABOVE, THE OWNER$ (RATHER THAN AND IN LIEU OF THE CITY OF CORPUS GHR18T1) WILL PURCHASE FROM THE CONTRACTOR WHO COIa57R1LICTS SUCH IMPROVEMENTS 90 MARY OF THE ASSESSMENT CERTIFICATES THEREFOR WHICH ARE AGAINST HOMESTEAD PROPERTY ABUTTING ON SOUTH STAPLE$ STREET AND sETWEEN HAML1N 0R1VE AND EVERHART ROAD AND MEET ALL OF THE FOLLOWING RERUIREMENT$C (A) SUCH ASSESSMENT CERTIFICATE WOULD BE A VALID LIEN AGAINST THE PROPERTYUPON WHICH THE ASSESSMENT WAS MADE IF THE PROPERTY WERE NOT HOMESTEAD; AND (8) SUCH ASSESSMENT CERTIFICATE REPRESENTS A VALID AND ENFORCE"I.E PERSONAL LIABILITY OF THE OWNER OR OWNERS OF THE PROPERTY UPON W141CH THE ASSESSMENT WAS NADEP TO WHICH THERE I$ NO LEGAL DEFENSE 00 THAT SUCK LIABILITY 16 SUSCEPTIBLE AND CAPABLE OF BEING REDUCED TO JUDGMENT (SUT NO WARRANTY OF THE COLLECTABILITY OF SUCH JUDGMENT 13 TO BE IMPLIED); (C) THE CONTRACTOR USED DUE DILIGENCE TO OBTAIN A WRtTTEK -ONTRACT FROM THE OWNER OR OWNERS Of THE HOMESTEAD PROPERTY AGAINST WHICH THE ASSESSMENT WAS MADE IM ADVANCE Of THE COMMENCEMENT OF THE IMPROVEMENTS ADJACENT TNEBETOs $0 AS TO MARE SUCH ASSESSMENT A VALID LIEN AGAINST THE PROPERTY: EVEN THOUGH M0149*TEADA BUT FAILED TO OBTAIN TOE SAME (THE CONTRACTOR'S AFFIDAVIT TO SUCH EFFECT BEING SUFFICIENT PROOF THEREOF); (D) THE IMPROVEMENTS DESCRIBED IN PARAGRAPH 1 ABOVE WERE ACTUALLY CONSTRUCTED ADJACENT THERETO EVER THOUGH THE CONTRACTOR FAILED TO OBTAIN SUCH A CONTRACT AS 18 REFERRED TO IN SUBDIVISION (C) ABOVE; AND -2- (E) THE OWNERS AGREE THAT THEY WILL CAUSE THEIR ATTORNEYS TO COOPERATE WITH THE CITY ATTORNEY 80 THAT THE CITY ATTOR- HEY MAY, IF HE ELECTS, OBTAIN THE APPROVAL DF THE ATTORNEYS FOR SAID OWNERSIT THE FORM AND SUBSTANCE OF ALL ACTIONS TAKEN BY THE CITY WHICH ARE PERTINENT TO THE REQUIREMENTS SET FORTH IN .SUBDIVISIONS (A) AND (B) A84DYE AT SUCH TINE AS SUCH ACTIONS ARE ACTUALLY TAKEN. 5- IF THE CITY RECEIVES A BID IN WHICH THE TOTAL CONTRACT PRICE WITH RESPECT TO THE ITEMS ENUMERATED BELOW IS EWAL TO OR LESS THAN IT WOULD BE IF BASED UPON THE UNIT PRICES SET FORTH BELOW, THE OWNERS SHALL HAVE NO LIABILITY TO THE CITY FOR COST OF CONSTRUCTION OTHER THAN AS SET FORTH IN PARAGRAPHS 3 AND 4 ABOVE, AND SUCH LIABILITY AS MAY EXIST ON PAVING ASSESSMENTS AS ABUTTING PROPERTY OWNER$ IF SUCH A 010 AS IS REFERRE© TO ABOVE ES NOT RECEIVED THE OWNERS SHALL BE LIABLE TO THE CITY AND AGREE TO PAY TO THE CITY FOR THE DIFFERENCE BETWEEN THE COST OF ALL SUCH ITEMS BASED ON THE LOWEST $10 RECEIVED FOR ALL SUCH ITEMS AND THE OVERALL COST OF THE WORK WITH RESPECT TO ALL SUCH ITEMS CALCULATED UPON THE UNIT PRICES BELOW SET FORTHi DESCRIPTION- CF ITEM UNIT NIT PRICI: PER.. (A) REMOVE EXISTING CULVERTS & A6JUST MANHOLES LUMP $2,658.Q0 (0) STREET EXCAVATION SQ. YBS• 0.45 (C) CONCRETE CURB do GUTTER L. F. 1.50 (0) 4 1/2" TYPE "A" HoT -MIX fAVT. TON: 6.83 (E) 1 1/2' TYPE "D" HOT -MIX PAVT. TONS 7 -75 UNIT PRICES F.O.R. ITAM= (F) SIDEWALK (Ii) 51 INLET VW EACH (H) 61 INLET 170.110 EACH (1 ) 81 INLET 215.00 EACH (J) 10' INLET - 250.00 EACH (R) 12" INLET 290.00 EACH (L) 18" CONC. PIPE 5.90 LIN. FT. (N) 15" CONE. PIPE 5.00 LIN. FT. -3- EXECUTED AND DELIVERED IH DUPLICATE ORIGINALS THIS THE DAY OF , 1956, BINDING THE PARTIES HERETO, THEIR SUCCESSORS, HEIRS AND ASSI4NS. ATTEST¢ CITY SECRETARY APPROVED AS TO LEGAL FORM AUGUST 15, 1996: ITV ATTORNEY CITY OF CORPUS CHRISTI, TEXAS UY RUSSELL E. MCCLURE, CITY MANAGER CEDRIC H. RAm, BY AMC TMOMION HIS ATTOANCY- IN.•FACT BEN O. MARKS M4 D. MARKS Aar M. KATa ARRY WEISHAN THE STATE OF TCXk, COUNTY OF NUECES } BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED SEA) D. iWl&i, KNOWPi TO HE TO BE THE PERSON WHOSE NAME IS SS®iCRtato TO THE FORE- GOING INSTRUMENT AS ATTORNEY to FACT of CEDRIC H. MARKS, THE PARTY THERETO, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAWC AS ATTORNEY IN FACT FDA THE SAID CEDRIC H. MARKS, AND THAT THE SAID BEN D. MARKS EXECUTED THE SAME BY AND THROUGH HIM, FOR THE ?JRPOSc"S AND CONSIOERATION TACRFIN EXPRESSED. 1956. G i'VCN XNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF - , NOTARY OLIC IN AND £oR ECEII -oUMTY, TEirAS THE STATE OF TEXAS COUNTY OF NUECLS BEFORE. ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED BEN D. MARKS, INOIYSMALI.Y, KNOWN TO NE TO BE THE PERSON WHOSE NAME IS StlSOCRIaED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF t,6. TARY RGLIC IN AND FOR NUtCES VOUNTY, TEXAS -4- THE STATE OF TEXAS I C01N1TY OF 10E5 BEFORE ME, THE UNDERS14NED AUTHORITY, ON THIS DAY PERSONALLY APPEARED AEK M. KATZ, KNOWN TO NE TO BE THE PERSON WHOSE NAME IS SUBSCRIBEO TO THE FORE- GOING INSTRUMENT AMD ACK14OWLE04£D TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. 1956. GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE DAY OF , NOTARY PUBLIC 1N AND FOR RUFCZS COUNTY, TEX AS THE STATE OF TEXAS COUNTY OF NUECES j BEFORE ME, THE UNDERSIONED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HARRY WE15W, KNOWN TO #E TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE - GOIN6 INSTRINiIENT AND ACKNOWLEDGED TO NE THAT HE EXECOTEO THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. S GIVEN IJWxR MY NANO AND SEAL OF OFFICE, THIS THE DAY bF 1956. NOTARY PUBLIC IN AND FOS ECES ciotity, EkAS THE STATE OF TEXAS COUNTY OP NUECES BEFORE Mi, THE UNDERSIOIED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R1ELL E. MCCLURE, KNOWN TO HE TO BE THE PERSON AND OFFICER WHOSE NAME IS SUHSCRiSEO TO THE FDREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE FAME WAS THE ACT OF THE SAID CITY OF CORPUS CHRISTI, A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOS THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. 5956. GIVEN UWER W HAND AND SEAL OF OFFICE, THIS THE DAY OF AUGUST, NOTARY LIC IN A*D F$R mcces 0MN'IY} E %AS -5- CORPUS CH ISTI, TEXAS 1956 e 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 15 INTRODUCED, AND THAT :,'UCH 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 COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. RoBERTs B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. U. ROBERTS d4 jp B. E. BIGLER MANUEL P. MALDONADO 4� I3