HomeMy WebLinkAbout05016 ORD - 04/16/1958IMS :EB :4/9/50
• ,. ,
AN ORDINANCE
AMENDING ORDINANCE NO. 4932, PASSED AND APPROVED BY THE
CITY COUNCIL ON THE 10TH DAY OF DECEMBER, 1957, SO AS
TO CHANGE THE FORM OF THE CONTRACT AUTHORIZED IN SAID
ORDINANCE N0. 4932 BY OMITTING THE FOURTH PA R PH ON
PAGE 2 OF SAID CONTRACT FORM WHICH OMITTED PARAGRAPH
1$ ENTITLED "EXISTING UTILITIES", AND OMITTING THE
LAS 0 PARAGRAPHS ON PAGE OF. SAID AGREEMEN E -
TITLED "FUTURE UTILITIES" AND BY THE OMISSION OFF THE
LAST H PA' R P S PAG F N -
ED "INDEMNIFICATION"; AND DECLARING AN EMERGENCY.
WHEREAS, CLAIMS HAVE BEEN PRESENTED AGAINST THE CITY AND LITIGATION
IS NOW PENDING WHICH INVOLVES THE OBLIGATIONS OF THE CITY UNDER CERTAIN
PARAGRAPHS AND SECTIONS OF THE CONTRACT FORM ATTACHED TO AND MADE A PART OF
ORDINANCE N0. 4932, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 18TH DAY
OF DECEMBER, 1957, WHICH MAY RESULT IN CONSIDERABLE COST TO THE CITY AND
WHICH WILL FAR EXCEED ANTICIPATED EXPENDITURES BY THE CITY UNDER PRESENT
INTERPRETATIONS BY THE TEXAS HIGHWAY DEPARTMENT AND UNDER SUCH INTERPRETA-
TIONS IT IS NECESSARY THAT SAID PROVISIONS BE OMITTED FROM SAID AGREEMENT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF..CORPUS CHRISTI, TEXAS:
SECTION 1. THAT ORDINANCE N0. 4932, PASSED AND APPROVED BY THE
CITY COUNCIL ON THE 18TH DAY OF DECEMBER, 1957, BE AND THE SAME IS HEREBY
AMENDED BY THE CORRECTION OF THE FORM OF CONTRACT ATTACHED TO AND MADE A
PART OF SAID ORDINANCE AND DESIGNATED AS EXHIBIT B IN SAID ORDINANCE IN
THE FOLLOWING PARTICULARS:
A. BY OMITTING THE FOURTH PARAGRAPH ON PAGE 2 OF SAID
FORM WHICH OMITTED PARAGRAPH IS ENTITLED "EXISTING
UTILITIES ".
B. BY OMITTING THE LAST TWO PARAGRAPHS ON PAGE 4 OF
SAID AGREEMENT ENTITLED "FUTURE UTILITIES ".
C. BY OMITTING THE LAST THREE PARAGRAPHS ON PAGE 6 OF
SAID AGREEMENT ENTITLED "INDEMNIFICATION ".
SECTION 2. THAT SUCH AGREEMENT IN THE FORM ATTACHED TO SAID
ORDINANCE NO. 4932 AS EXHIBIT B, AMENDED AS HEREIN PROVIDED, BE AND THE
SAME IS HEREBY AUTHORIZED TO BE EXECUTED BY THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY.
P SECTION 3. THE NECESSITY FOR CORRECTION OF THE FORM OF THE AGREE-
MENT MARKED EXHIBIT B ATTACHED TO ORDINANCE N0. 4932 AND THAT THE SAME AS
SO CORRECTED BE EXECUTED BY THE CITY CREATES A PUBLIC EMERGENCY AND AN
50��
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 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED,, THIS THE I S DAY of APRILS 1958.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECRkJARY t
APPRO W AS TO LEGAL FORM THIS
THE 4 DAY OF APRIL, 1958:
CITY ATTORNEY
- 2 -
CORPUS CHRISTI, TEXAS
1958
TO THE MEMBERS'OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN: -
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOR'E-
GOING:ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THmr NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT I9 INTRODUCED, AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS'OF THE CITY
' ' THEkkFOkEo REQLiiiT TT YOU ,SUSPEND SAID'CHARTER RULE
COUNCIL• I
OR REQUIREMEN FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
'RESPECTFULLY,
L%ytir-C�" L
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P'. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI 0 VOTES
FARRELL D. SMITH
W. J. ROBERTS -
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES - ~
ODELL INGLE
SD��