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HomeMy WebLinkAbout13243 ORD - 06/23/1976JKH:vp:6- 22- 76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FRIENDS OF THE CORPUS CHRISTI MUSEUM FOR THE PURPOSE OF CONSTRUCTING CERTAIN LANDSCAPING AND IMPROVEMENTS AT THE CORPUS CHRISTI MUSEUM, THE CITY TO HAVE CONSTRUCTED THE LANDSCAPING IMPROVEMENTS AND THE FRIENDS OF THE CORPUS CHRISTI MUSEUM TO REIMBURSE THE CITY FOR CONSTRUCTION AND RELATED COSTS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HERE- OF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. WHEREAS, an anonymous donor of Friends of the Corpus Christi Museum is desirous of establishing a fund to provide for the financing of the con- struction of improvements and landscaping the grounds of the Corpus Christi Museum; and WHEREAS, to effectuate the desires of said anonymous donor and to establish such a fund to facilitate the implementation of said gift, the Friends of Corpus Christi Museum are desirous of contracting with the City of Corpus Christi in a manner and under the terms provided herein; and WHEREAS, the City of Corpus Christi, having jurisdiction over the control and operation of said Corpus Christi Museum, is likewise desirous of contracting with the Friends of the Corpus Christi Museum for the receipt and administration of such funds for the benefit of the public good: NOW, THEREFORE, 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 to execute an agreement with the Friends of the Corpus Christi Museum for the purpose of constructing certain landscaping and improvements at the Corpus Christi Museum, the City to have constructed the landscaping improvements and the Friends of the Corpus Christi Museum to reimburse the City for con- struction and related costs, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the aforesaid agreement in order that the landscaping and improvements may be commenced at the Corpus Christi Museum at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension MICROFILMED JL3243 71980 auN � of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but 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, and having requested the suspension of the 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, this the day of June, 1976. ATTEST: OAw_ Ci Secretary M Y R THE CITY OF CORPUS CHRISTI, TE S APPROVED: a 3 DAY OF JUNE, 1976: J. BRUCE AYCOCK, City Attorney By lI •.1`nruC & — Assistant City Attorne • 6 -18 -76 CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, an anonymous donor of Friends of the Corpus Christi Museum is desirous of establishing a fund to provide for the financing of the con- struction of improvements and landscaping the grounds of the Corpus Christi Museum; and WHEREAS, to effectuate the desires of said anonymous donor and to establish such a fund to facilitate the implementation of said gift, the i Friends of Corpus Christi Museum are desirous of contracting with the City of Corpus Christi in a manner and under the terms provided herein; and WHEREAS, the City of Corpus Christi, having jurisdiction over the control and operation of said Corpus Christi Museum, is likewise desirous of contracting with the Friends of the Corpus Christi Museum for the receipt and administration of such funds for the benefit of the public good: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT Friends of the Corpus Christi Museum, a charitable, nonprofit Texas corporation, hereinafter designated as "Friends ", acting by and through Its duly elected president, and the City of Corpus Christi, a municipal corpo- ration and body politic, duly organized and existing under the laws of the State of Texas, acting by and through its duly appointed City Manager, R. Marvin Townsend, hereinafter designated as "City ", for and in consideration of the mutual covenants and agreements herein contained, to be kept and performed, do hereby covenant and agree as follows, to -wit: I The City shall award a contract for construction and landscaping for the proposed project according to plans and specifications approved by the City Council on May 12, 1976, and for which bids were received June 2, 1976, or as later amended according to Paragraph IV hereof in accordance with the desires of the donor and Friends. II The City shall appropriate $67,318.30 out of the 102 General Fund for the payment of said construction contract and related expenses, including bid advertising and laboratory testing as described in Paragraph I, such amount being equal to the full amount of the contract awarded by the City for such construction and landscaping. III The Friends shall establish an escrow fund in the amount of $67,318.30 with proceeds provided by the donor in a depository of their choice from which the Friends shall have sole authority to make payments and disbursements. Upon completion of the construction and landscaping according to the terms of the contract, and upon final payment by the City to the Contractor, Friends shall reimburse the City in full from such escrow funds the total amount paid by the City to said Contractor. Such escrow fund shall at all times equal $67,318.30 plus any cost of additional work authorized by the Friends less any payments to the City. IV City shall hold harmless Friends and donor from any and all obliga- tions or liability arising or that may arise as a result of the City's contract for such services in the construction and landscaping of the Museum grounds, to the extent that such obligations exceed the amount of money placed in escrow by Friends prior to the contract award by City. Friends shall hold the City harmless for any liability related to and pay all costs involved in the design of the project and its supervision during construction, excluding costs o: City personnel. City shall provide all supervision and inspection services until the work contemplated in Paragraph I is accomplished. v Any changes, alterations or amendments made in such plans or speci- fications after the contract has been awarded shall only be at the request of the donor, concurred in by Friends, and shall be at the expense of donor and /or Friends. Such requests shall be in writing and shall be supported by a payment by Friends into the escrow fund. No expenses except those incurred by the Contractor for the work contemplated in Paragraph I shall be charged against said appropriated monies unless the donor and Friends consent in writing to the expenditures, -2- VI Upon acceptance of the work done by City, with the consent of donor and Friends, and the payment of all expenses properly chargeable to the contract and any approved amendment thereto, and upon termination of such escrow fund, all obligation of each party to this agreement will be likewise terminated. Executed in duplicate originals this the day of June, 1976. CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager ATTEST: City Secretary APPROVED: DAY OF JUNE, 1976: J. BRUCE AYCOCK, City Attorney 1 Assistant City Attorney FRIENDS OF CORPUS CHRISTI MUSEUM By Frank Wagner, President ATTEST: Secretary CORPUS CHRISTI, Ze- 7D a•8 DAY OF THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR 'fHE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO OE MES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 1 THE ABOVE ORDINANCE WAS PASSED BY TN FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO OE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE