The URL can be used to link to this page

Home My WebLink AboutO-1941-292 . e e ORDINANCE !TO.,. 292 All ORDINANCE A1JTHORIZDlG 'mE MAYOR AND cm SECRETARf to EXECt1TE A CONl'RACT OF EMPLOYMENT WITH C. H. KELLY, AS THE AJAX ENGINEERING COMPANY, FOR ENGINEERING SERVICES TO BE RENDERED TO THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF 'lBE CITY OF LA PORD, TEJWh Seotion 1. That the Kayor and Seoretary ot the City ot Ia Porte be. aDd they are hereby, attbhorized and direoted to exeante, on behalt ot the City ot IA Porte, 'le_s, a written oontraot with C. H. KellY'. doing business as the Ajax Engineering Ccm~, ot Harris County, Texas, which said oontraot shall I I coutain the to11cming terms, ocmditions ~ prcwisions, ~4it~ ' "!his agre_nt -. WI 1:he ~ 1~ of d.iiJt~/ rl.l. D. ll1U. by and between the City of La 0 e. Tems, here1 er ca ed the City, and C. H. Kelly, do1Dg business as the Ajax Engineeriug CcmpaD.y, ot Hams count,', Texas, here1:Datter caned the Engineer, WIT N E SSE T HI "1'he City does hereby employ the EDgineer to perform engineering WOI'k and services, upon the fal.lowing 'benu, conditions and agreements, to- nt. I "!he Engineer agrees to immediately make preliminary surveys, maps and skBtohes of proposed extensions and improvements to the City water system, the City S8W8r system, the City streets and alleys and the construction ot an inoinerator or other garbage disposal plant or system. Suoh proposed extensions aml/or imprOTements 8hall be de8- ignated and agreed upon by the City Council in each instance. On each projeot the Engineer shall tUrmsh the City eS'timates ot the probable oost thereof' and all other data whioh may be neoessary in order tor the Coanoil ot the City to determine whether suoh projeots should be UD4ertaken by the City. II "It is understood and agreed that the City does not have on band tund8 with whioh to ocmstruot arry ot the proposed improvements and/or exten- sion projeot8 and that suoh tands must be prarided by Federal grants, loans ~or City boms. The Engineer agrees, it requested by the City CounoU, to prepare, OClllplete and tile proper applications, nth the neoes8ar.Y plans, maps, sketohes am all other neoessary data, with 'the Federal Emergency Admin1S'tration of Publio Works, tor a graDt and/or loan. Upon oanpletion ot the preliminary work and the turnishing at the ab0'98 men'tionsd data by the Engineer it shall be entire~ within the disoretion of the City COWICil as to whe'ther an applioa'tion shall be tiled wi'th the said Pttblio Works J.d'mjnistra'tion and as to whether the Ci'ty shall attempt to issus its bonds 'to oover the 00"" ot OOD- 8truo'tiQl1 'thereof, or 8.DU 1'8ort 'there ot. III nThe City agrees that in the event ~ ot the above mentioned extensions rmd/ or improvements, or &JV' part 'thereot. are undertaken b:r the C1 ty, and ocmstruotion is oCllRl8noed within a period ot ~Jj-. months trcm the date hereot, whether suoh projeots are fi:aano~ or without Federal aid. then, in ~ suoh event, the Ci t:r agrees to paY' to 'the Engineer, for 'the pertormance ot the preliminary 'WOrk and for the pertormanoe of all of the usual, regular, custcma.ry and neoessary engineering 8emcee in the oonstruction ot suoh work, including adequate 8upervisian and inspeotion, 'the tollowiJlg 80ale ot :tee8, to4ita On ater works improvements aDd/or extensions, 6% ot the aotual ooat ot oonstruotion thereot, On liner system impr<mml8n'tB and/or extensions, 6% of the aotual oost ot oonstruction thereat, On street aDd/or alley improvements and/or extensions, 6% of 'the aotuaJ. oost ot ocmS'truotion thereot, On the oonstruotion ot an incinerator or 'bther garbage dis- posal plant or BY'stem, 6% ot the aotual oost of oonstruotion thereot, 'e e e e e . . -2. #292 provided that it the project or projeots undertakBn by the City eqml or exceed the' SUlD. ot Sixty Thousand Dollars ($60,000.00), then, am in that event, the EDgineer shall be paid 6% ot the aotual cost ot o anstructl an. rv "Such tees shall be paid by the City to the Engineer as t0110\18: Fifty per cent. (50%) ot the Engineer's tee on each projeot shall be paid upon the a1l8.1"ding and "",HYlg ot a final oontraot tor the cODstruotion thereot. The balanoe ot suoh tee shall be paid upon the oompletion aDd acceptance ot suoh project by the C1'ty. V "It is understood '&Di agreed that it 1s entirely within the discretion ot the Oi ty Cmmoil ot the Oi ty to determine, at a~ tiDe betore the let1iing am ma1r4Y1g ot a final contraot tor oonstruotion, whether ~ ot the above mentlcmed projeots, or e:n:r part thereot, shall be under- takBn by the 01 ty, even though a grant or loan has been apprOTed by the Federal Emergency Administratian ot Publio Works, and ~ 111Gb deoision by the Council shall be fiJ38J. and binding on both parties hereto. VI "It is UDderstood and agreed that the City does not haw the f'w3ds to pay' tar ~ ot the engineering semoes to be pertormed by tbe EDg1neer berem1der and that such oCID.penaat1on wiJ.l be paid out' ot the tanc1s pro- 'Vided by Federal grant and/or loan and/or City bonds, it ~ ot suoh :f\mds are realized. The Oity shall be liable to the Engineer tor ocmpensation ~ on projeots aotually oonstruoted and at the rates specified in Paragraph UI hereot. It nODe ot suoh projeots are aotuaur undertaken and oonstruoted by the City then, am in that event, the Oi ty shall not be liable to the Engineer tor ~ ccnpen- ation, oost or expense whatewr, it being understood aDd agreed that the Engineer!s ocmpeDsation is ccmtingent upon ooD.Str\lction in each instance." Seotion 2. i'he taot that the City 1s in great need ot immediate oem- struotion ot the proposed imprOV8J'll8nta oreates aD e.merge22Dyand an urgent publio neoessi ty requiring that the rules proridiDg tor ordimnoes to be read at three several ~etings be suspended and tl1a t this ordi2Jame be passed as. and take ii , etteot as, an Eml8rgenoy measure and suoh rules and provisions are aooordingly II e sU8pended and this ordiDLnoe il passed am shall take ef'teot al an emergenoy - I meaamre and shall be in :t\tll toroe and effeot immediately tran and after its I " ; p&lSBa&e aDd it is so or<1ained. Passed and apprcnred this the :;..t:j-t!-day ot (" I ~c;: _ VI, I' , A. D. 1941. ATTESTt " : ;:L ?i..V d. I Secretari c oil>7 Of ~. ; i I ~I I I