HomeMy WebLinkAbout05281 ORD - 02/18/1959-1 IMS:JKH:2 -16-59
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
To FOR AND ON BEHALF _F C TY
OF -CORPUS CHRISTI, A GUARANTY OF COST
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO ACCEPT, FOR AND
ON BEHALF OF THE CITY,A REVISED MEMORANDUM
OF UNDERSTANDING BETWEEN THE DISTRICT ENGINEER,
GALVESTON DISTRICT, AND CITY OF CORPUS CHRISTI,
TEXAS HERETO�ANDI MADE aANPART HEREOF; oA D H ATTACHED
DECLARING RING AN
EMERGENCY. !
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
A GUARANTY. OF COST AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF.
SECTION 2. THE CITY MANAGER IS AUTHORIZED AND DIRECTED TO
ACCEPT,FOR AND ON BEHALF OF THE CITY, A REVISED MEMORANDUM OF UNDER-
STANDING BETWEEN THE DISTRICT ENGINEER, GALVESTON DISTRICT, AND THE
CITY OF CORPUS CHRISTI, TEXAS BRIDGE OWNER), A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 3• THE NECESSITY FOR EXECUTION AND ACCEPTANCE OF
SAID INSTRUMENT BY THE CITY IN CARRYING OUT ITS OBLIGATION UNDER ITS
CONTRACT WITH THE CORPS of ENGINEERS, UNITED STATES ARMY, IN THE PROJECT
OF BASCULE BRIDGE RELOCATION UNDER THE TRUMAN -HOBBS ACT, AUTHORIZED
BY ORDINANCE N0. 3990, DATED DECEMBER 15, 1954, CREATES A PUBLIC
EMERGENCY AND AN 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
1-
f
ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT
THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE -&
DAY OF FEBRUARY, 1959•
fA
MAYOR
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRE T lly
APPROVED AS TO LEGAL FORM THIS
THE 16TH DAY OF FEBRUARY, 1959:
n 01
CITY ATTOI:NEY
0.
0t)STR,,L I BIU, DA- 41- L43 -CIVEN 60
EcrwcATaoW or
Crf7 or CORPUS CHRISTI BRIDGE
ACWSS FORT ARAHSAS- CORPUS CHRISTI WATERWAY
AT CORPUS CHRISTI, TSYAS
Order approving the guaranty of cost and specifying the
proportionate shares of the total cost of the prOJ —t
to be borne by the United States and by the bridge owner.
(First Revision)
Pursuant to the provisions of Section 6 of the Act of 21 J ne 1940, iss
amended (54 Stat. 497; 33 U.S.C. 511 -523) the attached guaranty
hereby approved and it is hereby ordered that the proportionate share of the
total cost of the relocation of the City of Corpus Christi bridge across the
Port Aransas- Corpus Christi Waterway at Corpus Christi, Texas, to be borne by
the united Sof States �rpus ,514 and the $1,597,173. or proportionate share of such cost to be
borne by a. The present schedule of construction as proposed by the City of
Corpus Christi and estimated funds required for each phase of ctructiostra-
(esclusive of costs of land acquisition, engineering, supervision, ad
tion and contingencies) are as follows:
Phase
Item
Funds Reuuired
1
Substructure, borings and fenders
$ 749,250
2,197,358
2
Superstructure
1,331,367
3
Approaches
4
Miscellaneous, including removal
present bridge and track, con-
struction traffic control and
engine terminal facilities,
utility changes
933,117
Total
$5,211,692
b. From the funds heretofore appropriated by the Public Works
Appropriation Acts of 1956, 1957, 1958 and 1959 (public Laws 163, 84/1;
641, 84/2; 85 -167, 85; 85 -863, 85) for construction general, alteration of
obstructive bridges, the sum of $3,873,000 has been allotted and will be
reserved for payments in connection with this order, including all cost of
superintendence and inspection and all collateral and incidental expenses
in connection therewith. of this sum, the amount of $3,723,000 is available
for payments to the City of Corpus Christi.
c. If at any time it becodna apparent to the Government that the
balance of this allotment and reservation is in excess of the amount required
to seat all payments due and to become due to the City of Corpus Christi because
of work performed and to be performed until 30 June 1959 and for all supervisory,
collateral and incidental expenses in connection therewith until that date, the
right is reserved after due notice to the City td reduce said allotment and
reservation by the amount of such excess.
d. If the rate progress of the work is such that it becomes apparent
to the Government that the balance of the allotment and reservation is less
than that required to meet all payments due and to become due to the City
because of work performed and to be performed until 30 June 1959 and for all
supervisory, collateral and incidental expenses in connection therewith until
that date, the Government may allot and reserve additional funds for payment
under this order if there be funds available for such purpose. The City will
be advised of any additional allotment so made.
a. It is expected that prior to 30 June of each year Congress will
make additional appropriations applicable to work under this order, and in
sufficient amounts that each phase of the construction can be completed.
However, in the event the City must suspend work on this relocation due td
failure of the Congress to appropriate necessary funds, the Government will
pay such coats incidental to the suspension as may be determined to be
proper, subject to the availability of funds. Should it become apparent to
the Government that the available funds will be exhausted before additional
funds are appropriated, the Government will give 30 days' written notice to
the City that work may be suspended, but if the City so elects it may continue
work with the understanding, however, that no payment will be made for such
work until and unless additional funds shall have been provided in sufficient
amount.
f. Should Congress fail to provide additional funds during its
regular session as expected the City may suspend work without prejudice at any
time after the passage of the act which would ordinarily carry on appropria-
tion for continuing the work or after the adjournment of Congress without
passing such act. At such time as Congress again appropriates funds for work
under this order the City shall commence work within 90 days following receipt
of notification that funds for any phase shown in paragraph a., preceding,
are available.
pp
WITNESS my hand this 12;t :A day of .� ,ti A 1959.
Accepted:
Wilber M. Brucker
Secretary of the Army
City of Corp Christ
By
C',y ,►�4., �_
}4oP D
BY COUNCIL
- Z -�� /� %
SECMANY
•
Ql♦ �UMC1L
IAxxLLL U DYITx. Y.Ta.
I PONEM YATM r.o Tol
D L D OLCD
4AMULLP MALDONADO
AIRNUA A IA.0
OOLLL Ix
HW. NMI. T
August 28, 1 11)58
District Engimer
Corps of Engineers, U. S. Army
Galveston District
606 Santa Fe Building,
Galveston, Texas
Dear Sir:
e�. L u¢ rrna
0 Dom 91KffiYu
PW on= ow DIY
In accordance with our previous cc.nversationz with personnel in your
off !"c are Mr. O. E. Struve of the Office of the Chief of Engineers,
we are hereby submitting a Guaranty of Cost for the construction of
the bridge over Tule Like Ch=iel.
We also wish t,) refer you to our letter of July 2, 1956, ir: which a
eimiiar Guaranty of Cost wall submitted by the City of C'Ir77nL. Christi.
-his Oumrarty of Coat was .,ot recognized bV the Secretary of the A uv
since the Judge Advocate ruled that the first Guaranty of Cost sub-
mitted by the City of Corl.,us Christi Vould hcl.d throughout tke job.
Aa we unde- Ltand, 7urtain legiclatioL has bov beer. sassed allowing us
to resubmit a new Guaranty Of Cost, thereby, r(llevit,� the govern-
mental. agencies Sere it. Cur us Ch -isti of a;t cb fi:.a:. ial strain on this
proje ^t.
We are submitting to you Ferrirgtor. sod Cortrlyuurs eatimte of the
hypotheti:al bridge rrojr:t which wan prepared Mfsy , )1, 1956. The
$2,693,OGC; is the same _'i6u: -e ycu used in your orde- for splroving tLe
Guaranty of Coat a:,e r>pecifying the proportionate sha es of the total
cost of the pro�e_t to be borne 'Dy the United States and the bridge
weer, aw•p report being eiated Jury 9, 1956.
The revised f'.gtrre for- the overall cost of the ;rr1,',ert to be guaranteed
t,y the City ,f corpus Chr•lnti is drtcrmi.red is th- samw mariner as the
jrevi.)ue osL:a: -ty submitted or. December 13, ;y;`., in oor.znection with
appnival • f tht substructure Did. 'he ar.,cnu:ts dtterWirW by bid for
Unit: 1 e..`ul =1 are surstitutei for al props ietL fli( fires as set slit ir.
thF - .,rt "4c•piF- H: H:.t of Bas:uIe Bri%.n4 vvcr rntrEUrce to Mai; Tirrirb
,GI1 "I ur
z
I
O
District 3ggineer
/,grit 28, 1958
Page 2
Baein" as prepared by fiarri -,-ton and Cortelyou and revised on December
15, 1954-
In compliance with 5 of the Act of Congress of .Tune 21, 19401
U. B. C. 515), the City of Corpus Christi, TexaB sub -
as amended (33 o ect with the
mite the following Guaranty of Cost of the total pr J
understanding that if the project cost should exceed the amount of the
g,„,Mty for any of the reasons stated in Section 7 of the Act, the
City of corpus Christi will be reimbursed for expeaditures in eXcese
of the guaranty as provided in such Election 7•
Iten 1. Superstructure (Low bid reeomended fer 2,197,357
acceptance Unit II)
Item 2. Substructure (Low bid contract awarded 745,370
Unit I)
Borings (Trinity Testing Laboratories, 3,880
ire. invoice completed)
Item 3. Fenders (Included with Item 2 above
in contract
Item 4. Approaches (Rstimate - Report)
1,331,367
Item 5• Miscellaneous (Estimate - Report) 93,717
Above -Item 1 through 5: ;,;,11 '691
Total Abo
286,643
Engineering - 5-1/: 2'
Right -of -Nay (Estimate - Re,''.ort)
Total: 5,777,834
IMS:dZ:v
C�u ^1• envies 5$
term & R.O.V. Lj$
items 4, 5 Z`.�,F
Engineeri:�
Gti.arwlt^:ed .
$109, 8b'°
'b,' j _1520,194
?r;ject Cost: $ C,296,032
Ye_ry to IY Y7ur5,
I. M. S:NG!2, /
CIIIJ lS;nag;•r
-��t
20 January 1959 .. _
{` SUEJRC'T Corpus Christi Fridge Relocation Contract No. DA +41- 249- CIVBNG +56-60
Revised Memorandum of Understanding Between District $nginser,
Galveston District,: and City of Corpus Christi, Texan (Fridge
' , r . Owner) .' , " , .. •. +" ° `{ � ! e ,� .� . ,
1: - ,The- purpoas o! "this memorandum is to outiins' the revised gener
procedures which will be follawad in salon` payments by the Governmsnt-to'
the Bridge owner and in the accounting practicer -of the Bridge under. ."
in connection with the subject - alteration which is being p �.
Order dated 3 February
1956 and issued by the Secretary of the Army under.- .',''•
authority of the'Railroad bridge Alteration Act of•21 June 1940 (33 U.B.C..,
511 -523) (54 $tat. 497) and.a.!'Hirat Revision" of said order doted _
' - 12 Jamiaiy 1959, both numbered Contract No. DA-41- 243- CIVRNG- 56 -60.
2. _Seitlemani will be aide in accordance with the provisions of the
aforesaid law, and the provisions of Yhs Asticlse of Agreement between the, '
United Staten of America and•th*.City of Corpus Christi, Texas dated' �::' ••,;`li
10 January 1955 and the orders- referenced in paragraph 1 above. -' -
-.3.' Pursuant to Section 7'of the said law and Artiele`6 of above '` s
referenced agreement; progress - payments will be made, approximately monthly,
based on actual costs incurred by -the Bridge Osdger of work approved..undex , -4. ':.•°
the law. Par the purpose of effecting progress payments, the- amoUnts to
w be -paid by the Government will be computed at 74.57, of the approved and
verified costs actually inczirrad by the Bridge Owner, lass lOR; the ratio-
that the estimated Government's share of the cost ts! anti-
bear* to the to
mated coat of the project being approximately.�74.5x. Rhin will include -
retroactive adjustments for previous payments: in making,progress payment,• -`
-a.: the retained parcentage of 10% withheld by City Eton {ieyoanEs made its;°
subcontractors or vendors shall be considsrad by the Government as costs
incurred in computing the lo% retaiusd percentage to «ba,withheld by
Goverment from iha.City. %an the event the, secretary of the Army
a superseding order of the typo, referenced in paragraph 1 above.prior to '
completion of the work, upon acceptance thereof by Ehe City, the above stated,.
" _ratio o£ cost to be home by the Government will bi sevised accordingly '
without revising this memorandum. Upon cc®plation of the work provided;.
for in the agreement referenced in paragrapb.2 abovi,:the'City will be
:'.reimbursed the total amount specified in the.order dated 12 January 1959
or-any, superseding order of the Secretary of the Army issued pursuant, to
the cited`liw, as then:
_. :ht ` -- .� <- � Vim• - '``'S't }•. -� - `-` - ' 4` _ _ 'S!
,✓ '� ±_~ e'. ±'. , —. }�, �, r �'�.1. ':.1 li_ . }�-t,y � TES _- F _ - - „�
. } Y �I , ; ~- '.•' - °, = v , *' , : jaituary 195
V' dun of tlndet�
dot asd Manorsn Y
` 50' 4° lristi, bridge Asloca r R� vsston District; �d City
- i
Carpus Ch Let gnginears `•_
gUO3ECT' standing Between pistr s (Bridge owner)
• ' '> _' of Coypu® Christi; Tara YF • . ad 'in the verify _::
eduras will be !011 recotids= a
+' a followlag general prod tie and. �uppbr g . -t= ; • -_ _ ._
' b:' of the raiabitrssmea _ .
r dit ., 1" d e. owner „ .
•
cat -on and the au , �: the B1: S k
entered into-
-to b71 lox retainsgs `
the Casa .of contrncta rsimbuiemanEridgs 'to con' ,z
T '3 "?'a• h.8e ti on 5 of, statute Ada by the - ovs• ;
idsn wit ais�paYme°
acco ce actda1 progx ; xsgraph , <'
s ' will be "$ado , lated work, it outlined .in PR . _ `< ; • er `;All be' ".
tractors for comp 3 Chi Bridgs'0�►
' nts claimed by axnment FePre -'.
..b.° Any other To gs to permit verificatiYvIa d axalusively in
d fully ble.
®upppYtad•bq.aufficient recur ad wers inearre_ s
cla_ Costs wers reasons
the coRS, Older and that'th. method and, scope' of
: sentatives` with the - alteration ;ndicata the - -
copttact� guidea'ar's mcntiotQaof to _ s., #.A •. "� y i.
The .following audits of this' tYP, . �_ 5 ntained-
variiicatian rats tiacotidi will be -& into r.
yep&
' -£ > as practicablo, -Lng into this work•
ords _
h }
Owner Of all items for sll�reimbwese�ts' an
d the sec v
the Bridge the basin dit ,b the District ffi►gitieer * ..Y
i by ids will "constitdtari and an Y
reco do avoilable'for s satiable times• "' *; ti . u,
will be efentaflvea at, all " as �: 6 y the =r, _
y ; and his'rePr _ socaduiss employed -by-
bor.CbaTge�t6 he P ch as to geruit tracing
. (2)- MiM 1.,. 1 r will bifsu a District �nglneer. "shoti7�d
er in Pa9rO ideal worlaWl -, th ._ - J -
r dg 'Own - i div
B e r ea- back to n able: `:,.' ..: :: m _ r
all .labor chi 8 ych action is desix �. -- _1. costs *.-
detbrttie that a i . ,. - r - ' atot
' t - .. *I'&. ndsOtt�het back to origina!i
" 3) �reeC Matsriali "rs C - tracing :aarehouas issitsa;,-
be so handled as, to- �d practice of pricing 'sM
:.claimed Will sk 'end /or an accep p . _ -b . ,," !+
`'agq ag Slocaelon of other coati. ° " ' : =' �; ”' =i `end arcprieCy of~any ." .-
and ' •- applieabil y p on of the
= "zsidirect Coatis The ated to the iatisfacti
indiroct. COS' and r ,. r _ ptr
. District Engineer.• ;;., er asd amen T
` e Bridge Own r xofit and /or t - T
c•,' ,SdbcOiiiacts antasad
into t limbursabla wirtioral nt exeouted ,
-will only bs-,on a lttmp,sums the Order of apps City.,-
therato, basis- (In this conttactioti, pity is contract between
IS
Price oS the QTLY and accepted by
: -'
by- the Secrstarq bat�taea City at►d others are aubcontracta :) :
and United States and contracts i ' - .x " 5`" tiered amOunte
r . or the appor it oblig+ites '
z 5:' .. egrrdlar' of- the etitimatao is hero y
notified that 1f . �'.
aster then thoso stated by the ,-
the Bridge''owna sm= -
.3 shown in the order' for - B amount of funds to be evailabli for ra uT
itself at 4 -in Ysin writing, S-a_m rims-
Mstrict ,Eng -'
,• ZO January 1959` .. ,
SUBJECTt Corpus Christi - bridge gelocation - Revised Memorandum of Under-
standing between District Engineero Galveston District, and City_'
of Corpus Christi; Texas (Bridge Owner)' „
y: meet purposes. such *=saw obligation is undertaken at the'Hridge Owner's
own risk until such time as sufficient_ funds become available, not to exceed
those, provided - fir to be borne by the Government in the order .referenced
above,- or order,
di
pers
any suevig ore ,� �;• ;
. -, - .. sue. .. ,_•; "' "'' <,. •�- :_
6.'JChecks covering'approved raimbursemants •will be issued by the -
Disbursing Officer of the Galveston District, Corps of Engineers. Although
not guaranteed, it is fully expected that checks covering such raimburiements
-will be released to the Bridge Owner- within =30 days of receipt of each , r°
R correct invoida. S
'Z. _This revised memorandum supersedes•a similar one,dsted 20 Sebivary 1956.,
- r R. A. 90821 _
•M „ . Colonel, CS •, ..
District l,ngineer-
Noted and accepted: ;,' .. Approved as to Legal Forst Y -
CITY OF CORPUS CHRISTI. TEM - ''-
- (Bridge Owner) ,-
- City Attorney
- Attest:
j Signature'
,. city Secretary. x
Title
¢Jj,- 3 _
CORPUS CHRISTI,TEXAS
a. -If , 1959
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI) TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCEV A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE
SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH
ORDINANCE IDRTHEREFORE�NHEREBY REQUEST THAT YOU MEETINGS T SHALL BE READ AT
YOU SUSPENDSAIDCHARTER RULE
COUNCIL]
DU CREQUIREMENTH ENPRESENT TMEETDINGI OF N THEFCNTYLCOUNCI LE DATE IT IS INTRO—
OR
RESPECTFULLYy
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE:
FARRELL D. SMITH
l
E We J. ROBERTS
B. E. BIGLER
i
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
t
THE ABOVE ORDINANCE WAS PASSED
BY THE FOLLOW VOTE:
fs
FARRELL D. SMITH
C(
W. J. ROBERTS
B. E. BIGLER
t r
MANUEL P. MALDONADO
4
CHARLIE J. AILLS
ARTHUR R. JAMES
4 ti
INGLE
ODELL
I I
r