HomeMy WebLinkAbout05642 ORD - 01/20/1960�_ $ .IMS:JKH:12 -11 -59
AN ORD I-NANCE
TEXAS:
AMENDING AN ORDINANCE GRANTING TO ELI ABRAMS, DBX
COURTESY ADVERTISING COMPANY, A FRANCHISE TO CON-
STRUCT_, ERECT AND MAINTAIN FOR A PERIOD OF FIVE
YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER
PUBLIC CONVEYANCES IN THE CITY OF CORPUS CHRISTI,_
BENCHES FOR USE OF THE GENERAL PUBLIC, BEING_ ORDINANCE
N0. 4 4 SO AS TO AMEND:' SECTION 1 OF SAID 0 IDt-F N
r0-PERMIT THE IMCTION AND MAINTENMCE OF BENCHES AT
LOCATIONS N F 3 0 IONS, AS OR N
PRO D-G DE DD IN SAID ORDINANCE; CONTINUING IN EFFECT ALL
OTHER PROVISIONS OF SAID FRANCHISE.
•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT ORDINANCE NO. 4543, ENTITLED "AN ORDINANCE
GRANTING TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, A FRANCHISE
TO CONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD OF FIVE YEARS AT LOCATIONS
ON THE ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES IN THE CITY OF CORPUS
CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND EMPLOY THE
STREETSIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CHARGE FOR
SAID FRANCHISE AND FOR PAYMENT OF A PERCENT OF THE GROSS :RECEIPTS TO .
THE CITY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND THE PROPER
CONSTRUCTION AND MAINTENANCE OF'SAID BENCHES; LIMITING THE CHARACTER
AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY
INSURANCE TO PROTECT THE CITY AND GRANTEE AND THE PUBLIC; CONTAINING
PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE;
PROVIDING FOR THE ASSIGNMENT OF SAME, SAID FRANCHISE NOT TO BE EXCLUSIVE"
BE AND THE SAME IS HEREBY AMENDED BY AMENDING SECTION 1 THEREOF TO HERE-
AFTER READ AS FOLLOWS:
"SECTION 1. THERE IS HEREBY GRANTED TO ELI ABRAMS, DBA
COURTESY ADVERTISING COMPANY, HIS HEIRS AND ASSIGNS, FOR A PERIOD OF
FIVE (5) YEARS BEGINNING THE 13T DAY OF JUNE, 1956, THE RIGHT AND AUTHOR-
ITY TO CONSTRUCT, ERECT AND MAINTAIN AT NOT TO EXCEED FOUR HUNDRED (40O)
LOCATIONS WITHIN THE CITY OF CORPUS CHRISTI, TO BE DESIGNATED AS HEREIN-
AFTER PROVIDED, BENCHES FOR THE USE AND ACCOMMODATIONS OF THE PATRONS
AND USERS OF BUSES AND OTHER PUBLIC CONVEYANCES, AND OF THE PUBLIC
GENERALLY, AND TO USE AND EMPLOY THE STREET -SIDE OF THE BACKS OF SAID
BENCHES FOR ADVERTISING SOLD BY THE GRANTEE HEREOF TO PERSONS, FIRMS,
CORPORATIONS AND THE PUBLICAMNERALLY."
5G42
SECTION 2. EXCEPT AS HEREIN AMENDED ALL OTHER TERMS AND PROVI-
SIONS OF SAID ORDINANCE NO. 4543 SHKLL REMAIN IN FULL FORCE AND EFFECT.
THAT THE FOREGOING ORDI AA NANCE WAS R FOR THE FIR TIME AND
PASSED TO ITS SECOND READING ON THIS THE AT OF
19-0-1 BY THE FOLLOWING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO� SR. dddd
THAT THE FOREGOING ORDINANCE WA 9EA FOR THE S ND TIME AND
PASS D O ITS THIRD READING ON THIS THE IDAY OF
19 BY THE FOLLOWING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO� SR.
THAT THE FOR10 ING ORDINAW961AS READ FOR T THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF 19 4 . BY THE FOLLOWING
VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANOX SR.
PASSED AND APPROVEDO THIS THE 91
ATTEST:
CITY SECREVRY
C
APPROVED AS TO LEG,4 FORM THIS
DAY OF OV ,1959:
CITY TT RN Y
ADDITIONAL INSURED —STATE OR POLITICAL SUBDIVISION
(For attachment to 3115:26 63 end so Policies)
CITY OF CORPUS CHRISTI
It is agreed that with respect to such insurance as is afforded by the policy for Bodily Injury Liability and for
Property Damage Liability, the unqualified word "insured" also includes any state or political subdivision thereof,
but or4y "vvith respect to such of the following hazards for which said state or political subdivision has issued a per-
mit in connection with premises owned by, ranted to or controlled by the named insured which are covered by the
policy:
(a) the existence, maintenance, repair, construction, erection, or removal of advertising sigas, awnings, cano-
pies, cellar entrances, coal holes, driveways, manholes, marquees, hoistway openings, sidewalk vaults and
similar exposures;
(b) the construction, erection or removal of elevators;
(c) the ownership, maintenance or use of any elevators covered by the policy.
This endorsement forms a part of POLICY NO. 96 -00001 EXP. DATE '7-24-61
ISSUED TO COURTESY ADVERT ISING CO.
Countersigned: MARYLAND CASUALTY COMPANY
Swantner &Gordon
Authorised eR presentative. Chairman of the Board and President
Lt. 3188. Ed. 7-SS. 10m. �`m
When attached to a Comprehensive Liability Policy No. 31, this anlamoment does not apply to Automobile Liability.
INDMDUAL AS NAMED INSURED
Limilad to Solely Owned Business
(Par ntiaduasat to 31, 83 and 96 Policies)
1 It Is agreed that the policy does not apply except in connection with the conduct of a business of which the named Insured is the sole owner.
"Business" Includes trade, profession or caupation and the ownership, maintenance ar use of farms, card of property rented In whole or In
part to others, or held for such rental, by the insured other than (a) the Insured's maiden if reined occasionally or If a two family dwelling usually oc-
cupied in part by the Insured or lb) garages and stables, Incidental to such resldence unIm more than three car spaces or stalls are co rented or held.
Nothing herein contained shall be hold to vary, alter, waWe or extend any of the terms, limits or conditions of the policy, except as heminabove
cot forth. � 1�
This endorsement forma a part of POLICY NO. 96- 160001 Pxp• gate % *2"1
Issum To COURTESY ADVERTISING CO.
`°"""'�"�' Swantner & Gord MARYLAND CASUALTY COMPANY
�
6���.t.� gl.�LrJ" , �►%///, tom)
Aahorimd Representative.
Lt.. 31079. ed. 7-W. ISm. I6 Mal Chairman of the Board and President
ImBvidwl as Named Inured. n.s
Comprofre-1- General Uablily Policy
ENDORSEMENT EXCLUDING PRODUCrS HAZARD
Rai attadr nt to 31 and 96 Polldesl
It Is agreed that the policy does not apply to the products hazard as defined therein.
A Effective on and after 7 -24 , 19 60
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of
,the policy, except as hereinbefore set forth.
This endorsement forms a part of POLICY NO. 96.160001
ISSUED TO COURTESY
Countersigned by
lel� , Swantner & Go on
_.._._....._.....4i 1�.�' ..� _.... "" _._.. _._ .._ ._._
Authorized Representative.
Va. 3070. Ed. 7-55. Sam.
Endon —ent Exdudine Produas H=rd. au
ADVERTISING CO,
MARYLAND CASUALTY COMPANY
/
Chairman of the Board and President
TEXAS AMENDATORY ENDORSEMENT
(for attackmant to 31, 53 and 96 polices)
It is agreed that the figure "$200" is substituted for "$100" in the paragraph of the Premium Condition
defining "remuneration'.
Effective on and after 7.24 '19 60
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions
of the policy, except as hereinbefore set forth.
This endorsement forms a part of POLICY NO. 96.1 6Q0O1
ISSUED TO COURTESY ADVERTISING CO.
Countersigned by Swantner &Gordon MARYLAND CASUALTY COMPANY
�
Authorizcd Rcpresenlafioc. Chahwm of dw Board and Prwidaa .
Li. 3178. Ed. 7.55. 15-
Tess A.- dat"ry Endorse -L e.r
Item
Comprehensive General Liability Policy
.S fo (� �
MARYLAND CASUALTY COMPANY
A STOCK COMPANY
BALTIMORE
DECLARATIONS Renewal of 96- 149731 PouCY NO. 96- 160001
Named Insured COURTESY ADVERTISING COMPANY, ELI ABRAMS, DBA.
Address 4130 POMPANO, CORPUS CHRISTI, NUECES, TEXAS
(NO- 5m Town or Gry Fa l Z_ Owarr Slate)
The Named Insured Is NDNDUAL X CORPORAT ON PARTNERSHP OTHFR
Policy Period: From 7 -24 -600 7 -24 -61
12:01 A.M. standard time at the address of the named insured as stated herein.
Location of all premises owned, rented or controlled by named insured SAME
(Enf , "S"E" H arms 1—fi- m above add—)
Interest of named insured in such premises
OWNER GENERAL LESSEE TENANT
Part occupied by named insured ENTIRE
Business of the named insured is A DVE I S G
The insurance afforded is only with respe su Pc II Ing c v ges as are indicated by specific premium
The limit
charge or charges. of the com I' i o era hall be as stated herein, subject to all the
terms of this policy having reference ther
Coverages
Limits of Liability
Advance Premiums
$ 50, 000.00 -ch person
A— Bodily Injury Liability
$ 100, 000. 00-ch accident
$ 180.66
$ EXCLUDED aggregate products
$ 10, 000.00each accident
$ 25, 000.00aggregate operations
B— Property Damage Liability
$ 25, 000.O0aggregate protective
$ 80.18
$ EXCLUDED aggregate products
$ 25, 000 OOag regate contractual
If Policy Period more than one year, Premium is payable: $ on effective date of
Total Advance
Policy, $ on first anniversary, $ on second anniversary.
Premium $ 260.84
The declarations are completed on attached schedules designated A
The schedules disclose all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated
herein:
During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder,
unless otherwise stated herein:
AGENT OR BROKER
Ew�
SWANTNER & GORDON Countersigned By tl` Authors epre..ntarl.e
e a 15M 2.59
Attach Endorsements in this space
-The Ilmite,of,- property damage liability stated In the declarations as 13. Subragallon In the went of any payment under this policy, the com-
e99,gregate operations aggregate protective and "aggregate contrac- pony shall be subrogated to all the insured's rights
tual apply separately to each project with respect to operations being of recovery therefor against any person or organization and the Insured
performed away from premises owned by or rented to the named insured shall execute and deliver instruments and papers and do whatever else Is
necessary to secure such righm. The insured shall do nothing after loss to
,7. Severebillty of Interests The term "the Insured" is used severally and prejudice such rights.
of collectively, but the Inclusion herein
of more than one Insured shall not operate to Increase the limits of the 14. Three Year Policy A policy period of three years Is comprised of
company's liability. three consecutive annual periods. Computation
and adjustment of earned premium shall be made at the end of each annual
B. Notice of Accident When an accident occurs written notice shall be
given by or on behalf of the insured to the com-
psrry or any of Its authorized agents as soon es practicable. Such notice
shall contain particulars sufficient to Identify the insured and also reason.
ably obtainable Information respecting the time, place and circumstances of
the accident, the names and addresses of the Injured and of available wit-
nesses. 9. Notice of Claim or Suit If claim is made or suit Is brought against the
Insured, the Insured shall Immediately
forward to the company every demand, notice, summons or other process
received by him or his representative.
10, Amletanee and Cooperation The Insured shall cooperate with the
of the Insured company and, upon the company$
request, shall attend hearings and trials
and shall assist In effecting settlements, securing and giving evidence, obtain.
Ing the attendance of witnesses and In the conduct of suits. The Insured
shall not, except at his own cosy voluntarily make any payment, assume any
obligation or Incur any expense other than for such Immediate medical and
surgical relief to others as chill be Imperative at the time of accrdent
11. Action Against Company No action shall lie against the company
unless, as a condition precedent thereto,
the Insured shall have fully complied with all the terms of this policy, nor
until the amount of the Insured's obligation to pay shall have been finally
determined either by judgment against the Insured after actual trial or by
written agreement of the Insured, the claimant and the company.
Any person or organization or the legal representative thereof who has
secured such Judgment or written agreement shall thereafter be entided to
recover under this policy to the extent of the Insurance afforded by this
policy. Nothing contained In this policy shall give any person or organize -
tion any right to join the company as a codefendant Inlanyl action ageing
the Insured to determine the insured's liability. - - -
Bankruptcy or insolvency of the Insured or od the insured's estate shall
not relleve the company of any of Its obligations hereunder.
14.. Other Instmenee If the Insured has other Insurance against a loss
covered by this policy the company shall not be
liable under this ppolicy for a greater proportion of such Joss than the applica-
ble limit of Ilabllity stated in the declarations bears to the total applicable
limit of liability of all valid and collectible Insurance against such loss.
period. Aggregate limits of liability as stated In this policy shall apply
separately to each annual period.
15. Changes Notice to any agent or knowledge possessed by any agent
or by any other person shall not effect a welver or a change
In any part of this policy or estop the company from asserting any right
under the terns of this policy, nor shall the terns of this policy be waived
or changed, except by endorsement Issued to form a part of this polipy
signed by an authorized representative of the company.
16. Assignment Assignment of Interest under this policy shall nok bind
the company until Its consent Is endorsed hereon; If
howsve, }lie named Insured shall die, this policy shall cover the naQ
insured's legal representative as named Insured, provided that notice of
.cancelation addressed to the Insured named In the declarations and mailed
to the adeltess! shown In this policy shall be sufficient notice to effect can -
ceJation of,this policy.
17. Cancdatfoo This policy may be canceled by the named Insured by
surrender thereof to the company or any of Its author.
Yzgd agents or by mailing to the Company written notice stating when there.
after the cancelation shall be effective. This policy may be canceled by the
Company by mailing to the named insured at the address shown In this pol-
Icy writterf notice stating when not less than ten days thereafter such cancela-
tion shall be effective. The mailing of notice as aforesaid shall be sufficient
proof of notice. The time of the surrender or the effective date and hour
of cancelation stated in the notice shall become the end of the policy period.
Delivery of such written notice either by the named Insured or by the com-
pany shell be equivalent to mailing.
IF the named Insured cancels, earned premium shall be computed In
accordance with the customary short rate table and procedure. IF the
company cancels, earned premium shall be computed pro rata. Premium
;adjustment may be made either at the time cancelation Is effected or as
soon as practicable after cancelation becomes effective, but payment or
tender of unearned premium is not a condition of cancelation.
18. Declarations By acceptance of this policy the named Insured agrees
that the statements In the declarations are his agree.
ments and representations, that this policy is Issued In reliance upon the
truth of such representations and that this policy embodies all agreements
existing b¢tweeri himself and the company or any of Its agents relating
to this Insurance.
IN WITNESS WHEREOF the MARYLAND CASUALTY COMPANY has caused this policy to be signed by its Chairman of the Board and President
and its Secretary at Baltimore, fvtd„ and countersigned an the declarations page by an authorized representative of the company.
1
I i
VQ_�50�
Chd,. of fha Barad and Preefde,11
MARYLAND CASUALTY COMPANY
A Stock Insurance Company, Herein called the Company
Aggrees with the insured, named in the declarations made apart hereof, in consideration of the payment of the premium and in reliance upon the statements
in the declarations and subject to the limits of liability, exclusions, conditions and other tenor of this policy:
INSURING AGREEMENTS
I - Coverage A— Bodily Injury Liability To pay on behalf of the Insured
all -sums which the insured shall become legally obligated to pay as damages
because of bodily injury, sickness or disease, including death at any time
resulting therefrom, sustained by any person and caused by accident
Coverage B— Property Damage Llablitty To pay on behalf of the in-
sured all sums which the insured shall become legally obligated to pay as
damages because of InJJ'ury to or destruction of property, including the loss
of use thereof, caused by accident.
II Deteree, Selllemeot, Supplememary Payments With respect to such in-
surance as Is afforded by this policy, the company shall:
(a) defend any suit against the insured alleging such Injury, sickness,
disease or destruction and seeking damages on account thereof,
even If such suit is groundless, false or Fraudulent, but the company
may make such investigation, negotiation and settlement of any
claim or wit as it deelrls expedient,
(b) (1) pay all premiums on bonds to release attachments for an amount
not In excess of the applicable limit of liability of this policy, all
premiums on appeal bonds required in any such defended suit, but
without any obligation to apply for or furnish any such bonds,
(4) pay all expenses Incurred by the company, all costs taxed against
the Insured in any such suit and all interest accruing after entry
This policy does not apply:
of judgment until the company has paid or tendered or deposited
in court such part of such judgment as does not exceed the limit
of the company's liability thereon,
(3) pay expenses incurred by the insured for such immediate medical
end surgical relief to others as shall be imperative at the time of
the accident,
(4) reimburse the insured for all reasonable expenses, other than loss
of earnings, incurred at the company's request,
and the amounts so incurred, except settlements of claims and suits are
payable by the company in addition to the applicable limit of liability
of this policy.
III Definition of hummed The unqualified word "insured" includes the
named insured and also includes any executive officer, director or stockholder
thereof while actin g within the scope of his duties as such, and pny organiza-
tion or proprietor with respect to reel estate management for the named
insured. If the named insured is a partnership, the unqualified word
"Insured ",also includes any partner therein but only with respect to his
liability as such.
IV Polley Period, TenHery This policy applies only to ecoidents which
ooc�ccutrr during the policy period within the United States of America, its
teMtones'or possessions, or Canada.
EXCLUSIONS
(a) to liability assumed by the insured under any contract or agree-
ment except (1) a contract a defined herein or (4) as respects the insurance
which Is affordded for the Products Hazard as defined, a warranty of goods
or products,
(b) to any obligation for which the insured may be held liable in an
action on a contract or an agreement by a person not a, party thereto,
(c) except with respect to operations performed by independent
contractors and except with respect to liability assumed by the insured under
a contract as defined herein, to the ownership, maintenance, operation, use,
loading or unloading of (1) watercraft if the accident occurs away From
premises owned by, rented to or controlled by the named insured, except
Insofar as this part of this exclusion is stated in the declarations to be in-
applicable, (4) automobiles if the accident occurs away from such premises
or the ways Immediately adjoining, or (3) aircraft,
— (d) to Injury, sickness, disease, death or destruction due to war,
whether or not declared, civil war, insurrection, rebellion or revolution, or
to any act or condition incident to any of the foregoing, with respect to
(1) liability assumed by the insured under any contract or agreement or
(4) expenses under Insuring Agreement II (b) (3),
(e) to liability imposed upon the insured or any indemnitee, as a per-
son or organization engaged in the business of manufacturing, selling or
distributing alcoholic beverages or as an owner or lessor of premises used
for such purposes, by reason of any statute or ordinance pertaining to the
sale, gift, distribution or use of any alcoholic beverage,
(1) under coverage A, to any obligation for which the insured or any
carrier as his insurer may be held liable under any workmen's compensa-
tion unemployment compensation or disability benefits law, or under any
similar law,
(g) under coverage A, except with respect to liability assumed by the
insured under a contract as defined herein, to bodily injury to or sick-
ness, disease or death of any employee of the Insured arising out of and
irnthe course of his employment by the insured,
(h) under coverage B to Injury to or destruction of (1) property owned
or occupied by or rented to the insured, or (4 except with respect to
liaJ llity under sidetrack agreements covered by this policy, property used
by the insured, or (3) except with respect to liability under such sidetrack
agreements or the use of elevators or escalators at premises owned by,
rented to or controlled by the named insured, property in the care, custody
or control of the insured or property as to which the insured for any pur-
pose Is exercising physical control, or (4) any goods, products or containers
thereof manufactured, sold, handled or distributed or premises alienated by
the named insured, or work completed by or for the named Insured, out of
which the accident arises,
(i) under coverage B, to any of the following insofar as any of them
occur on or from premises owned by or rented to the named Insured and
injure or destroy buildings or property therein: (1) the discharge, leakage
or overflow of water or steam from plumbing, heating, refrigerating or air -
conditioning systems, standpipes for fire hose, or Industrial or domestic
appliances, or any substance From automatic sprinkler systems, (P) the col-
lapse or fall of tanks or the component parts or supports thereof which form
o part of automatic sprinkler systems, or (3) rain or snow admitted directly
to the building interior through defective roofs, leaders or spouting, or open
or defective doors, windows, skylights, transoms or ventilators, provided,
however, this exclusion does not apply to loss due to fire, to the use of
elevators or escalators, to operations performed by independent contractors,
or to the extent that this exclusion is stated In the declarations to 6e,lnep-
plicable, —
(j) under coverage B, to injury to or destruction of any property
arising out of (1) blasting or explosion, other then the explosion of air or steam
vessels, piping under presur¢, Frime movers, machinery or pow¢r'Vans-
mitting equipment, or (P) the collapse of or structural injury to any build-
ing or structure due (a) to grading of land, excavation, borrowing, filling,
backfilling, tunneling, pile driving, coffer -dam work or caisson work, or
(b) to.moving, shoring, underpinning, raising or demolition of any building
or structure or removal or rebuilding of any structural support thereof,
provided however, this exclusion does not apply with respect to liability
assumed 6y the insured under any contract covered by this policy, to opera-
tions performed for the named insured by independent contractors or to
completed or abandoned operations within the meaninQ of paragraph 4
of the Products Hazard, and provided further that part (1) or part (4) of
this exclusion does not apply to operations stated, in the declarations
or in the company's manual, as not subject to such part of this exclusion,
(k) under coverage B, to injury to or destruction of wires, conduits,
pipes, mains, sewers or other similar property, or any apparatus in connection
therewith, below the surface of the ground, If such Injury or destruction is
caused by and occurs during the use of mechanical equipment for the pur-
pose of excavating or drilling, or to Injury to or destruction of property at
any time resulting therefrom, provided however, this exclusion does not
apply with respect to liability assumed by the insured under any contract
covered by this policy, to operations performed for the named Insured by
Independent contractors, to completed or abandoned operations within the
meaning of paragraph 4 of the Products Hazard, or to operations stated, in
the declarations or In the company's manual, as not subject to this exclusion.
COMMONS
1. Promlu s The premium bases and rates for the hazards described In the
declarations are stated therein. Premium bases and rates for
hazards not so described are those applicable In accordance with the manuals
In use by the company.
The advance premium stated In the declarations is an estimated premium
Only. Upon termination of this policy, the earned premium shall be com-
puted In accordance with the company s rules, rates, rating plans, premiums
and minimum premiums applicable to this insurance. If the earned prem-
ium thus computed exceeds the estimated advance premium paid, the named
Insured shall pay the excess to the company, if less, the company shall re.
Oust to the named Insured the unearned portion paid by such Insured.
When used as a premium basis
(1) the word "admissions" means the total number of persons, other than
employees of the named Insured, admitted to the event Insured or to
events conducted on the premises whether on paid admission ticket]
complimentary tickets or passes,
W the word "cost' means the total cost to (a) the named Insured with
respact to operations performed for the named Insured during the
Pop period by Independent contractors or (b any indemnitee with
respect to any contract covered by this policy, of all work let or sublet
In connection with each specific project, including the cost of all labor,
materials and equipment furnished, used or delivered for use In the
execution of such work, whether furnished by the owner, contractor or
subcontractor, including all fees, allowances, bonuses or commissions
made, paid or due,
(3) the word "receipts" means the gross amount of money charged by the
named Insured for such operations by the named insured or by others
during the policy period as are rated on a receipts basis other than
receipts from telecasting, broadcasting or motion pictures, and includes
taxes, other than taxes which the named Insured collects a a separate
Item and remits directly to a governmental divislon,
(4) the word "remuneration" means the entire remuneration earned during
the policy period by proprietors and by all employees of the named
insured, other than drivers of teams or automobiles and aircraft pllots
and co- pilots, subject to any overtime earnings or limitation of remun-
eration rule applicable In accordance with the manuals In use by the
company,
(5) the word "sales" means the gross amount of money charged by the
named Insured or by others trading under his name for all goods and
products sold or distributed during the polity period and charged
during the policy period for installation, servicing or repair, and includes
taxes, other than taxes which the named Insured and such others col-
lect as a separate Item and remit directly to a governmental dlyisiom
The named Insured shall maintain For each hazard records of the Infpr-
metion necessary forPremium computation on the basis stated In the de-
clarations and shall send copies of such records to the company at the end
of the policy period and at such times during the policy period as the com-
pany may direct
ft. Inspection and Audit The company shall be permitted to Inspect the
Insured premises, operations and elevators and
to examine and audit the Imured's books and records at any time during the
policy period and any extension thereof and within three years after the
Final termination of this policy, as far as they relate to the premium bases
or the subject matter of this Insurance.
3. Definitions.
(a) Contract. The word "contract' means, if In writing, a lease of premises,
easement agreement, agreement required by municipal ordinance, slde-
track agreement, or elevator or escalator maintenance agreement
(b) Automobile. The word "automobile" means a land motor vehicle,
trailer or semitrailer, provided:
(1) The following described equipment shall be deemed an automo-
bile while towed by or card an automobile not so described,
but not otherwise: if of the crawler -type, any tractor, power crane
or shovel, ditch or trench digger, any Fenn -type tractor, any con-
crete mixer other than of the mix -In- transit type; any grader,
scraper, roller or farm implement, and, if not subject to motor vehicle
registration any other equipment not specified in (Y) below, which
Is designed for we principally off public roads.
(P) The following described equipment shall be deemed an automobile
while towed by or carried on an automobile as above defined
solely for purposes of transportation or while being operated solely
for locomotion, but not otherwise: if of the non - crawler type,
any power crane or shovel, ditch or trench digger, and any air-
compressing, building or vacuum cleaning spraying or welding
equipment or well drilling machinery.
(rJ Products Floe" The term "products hazard" means
(1) goods or products manufactured, sold, handled or distributed by
the named Insured or by others trading under his name, If the
accident occurs after possession of such goods or products has been
relinquished to others by the named Insured or by others trading
under his name and if such accident occurs away from premises
owned, rented or controlled by the named Insured or on ppremises
for which the classification stated In division (a) of the declarations
excludes any ppeert of the foregoing, provided, such goods or
products shall be deemed to include any container thereof, other
than a vehicle, but shall not include any vending machine or any
property, other than such container, rented to or located for use
of others but not sold,
(£) operations, If the accident occurs after such operations have been
completed or abandoned and occurs away from premises owned,
rented or controlled by the named insured, provided, operations
shall not be deemed incomplete because Improperly or defectively
performed or because further operations may be required pursuant
to an agreement, provided further, the following shall not be
deemed to be "operations" within the meaning of this paragraph:
(a) pick -up or delivery, except from or onto a railroad car, (b) the
maintenance of vehicles owned or used by or In behalf of the in.
sured, (c) the existence of tools ninsulled equipment and
abandoned or unused materials and (d) operations For which t
classification stated In division (a) of the declarations specifiwl
Includes completed operations.
(d) Asseul! end Battery. Assault and battery shall be deemed an acd•
dent unless committed by or at the direction of the Insured.
4. Limits of Liability The limit of bodily Injury liability stated in the
Coverage A declarations as applicable to "each " pparson Is
the limit of the company's liability for dll damages,
Including damages for care and loss of services, arising out of bodily Injuryt
sickness or disease, Including death at any time resulting therefrom, sustained
by one person as the result of any one accident; the limit of such liability
stated In the declarations as applicable to "each accident' Is, subject to the
above provision respecting each person, the total limit of the company's
liability for all damages, including damages for care and loss of services,
arising out of bodily Injury, sickness or disease, Including death at any time
resulting therefrom, sustained by two or more persons as the result of any
one accident
5.r Limits-of LlabBlty— Subject to the limit of lability with respect to
Products each accident', the limits of bodily Injury lia-
bility and property damage liability stated in the
declarations a "aggregate products" are respectively the total limits of
the company's liability for ell damages arising out of the products hazard.
All such damages arising out of one lot of goods or products prepared or
acquired by the named insured or by another trading under his name shall
be' considered a arising out of one occident
6. Limits of Liability The limit of property damage liability stated in the
Coverage B declarations as applicable to "each accident' Is
the total limit of the company's liability for all dam.
ages arising out of Injury to or destruction of all property of one or more
persons or organizations, including the loss of use thereof, as the result of
any one aoddent
Subject to the limit of liability with respect to "each accident ", the limit
of property damage liability stated In the declarations as "aggregate opera.
tions' Is the total limit of the company's liability for all damages arising out
of Injury to or destruction of property, Including the Ion of use thereof,
caused by the ownership, maintenance or use of premises or operations
rated on a remuneration premium basis or by contractors equipment rated
on a receipts premium basis.
Subject to the limit of liability with respect to "each accident', the
limit of property dameye liability stated In the declarations as "aggregate
protective is the total limit of the company's liability for all damages arising
out of Injury to or destruction of property, Including the loss of use thereof,
caused by operations performed for the named Insured by Independent
contractors or general supervision thereof by the named Insured, except
(a) maintenance and repairs at premises owned by or rented to the named
Insured and (b) structural alterations at such premises which do not involve
changing the size of or moving buildings or other structures.
Subject to the limit of liability with respect to "each accident', the
limit of property damage liability stated in the declarations as "aggregate
contractual" Is the total limit of the company's liability for all damages
arising out of Injury to or destruction of property, Including the Ion of use
thereof, with respect to liability assumed by the Insured under contracts
covered by this policy In connection with operations for which there is an
aggregate operations" limit of property damage liability stated in the de-
clarations.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(Broad Form)
(for attachment to all policies except Fondly Automobile, Farmer's Comprehensive and other personal liability polldes.)
It Is agreed that the policy does not apply,
I. Under any Liability Coverage, to injury, sickness, disease, death or destruction
(a) with respect to which an Insured under the policy Is also an Insured under a nuclear energy liability policy Issued by Nuclear Energy Liability
Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Insured under
any such policy but for Its lamination upon exhaustion of Its limit of Ilablllty; or
(b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organimtion Is required to maintain
financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, oc 121 the Insured Is, or had this policy not
been issued would be, entitled to Indemnity from the United States of America, or any agency thereof, under any agreement entered into by
the United States of Anrerlco, or any agency thereof, with any person or organization.
II. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to Immediate medical or surgical relief, to expenses
Incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the
operation of a nuclear facility by any person or org- Luttlon. '
III. Under any Liability Coverage, to Injury, sickness, disease, death or destruction mwlting from the hazardous properties of nuclear material, If
(a) the nuclear material II I Is at any nuclear facility owned by, or operated by or on behalf of, an Insured or (2) has been discharged or dispersed
therefrom;
(b) the nuclear material is contained In spent fuel or waste at any time possessed; handled, used, processed, stored, transported or disposed of by
or on behalf of an Insured, or
(c) the Injury, sicimess, disease, death or destruction arlses out of the furnishing by an insured of services, materials, parts or equipment in con-
nection with the planning, construction, maintenance, operation or use of any nuclear facility, but If such facility Is located within the United
States of America, Its territorial or possessions or Canada, this exclusion (c) applies only to Injury to or destruction of properly at such nuclear
facility.
IV. As used In this endorsement,
"hazardous Properties" Include radioactive, toxic or explosive properties)
"nuclear material" means source material, special nuclear material or by-product material,
"source material", "special nuclear material ", and "byproduct material" have the meanings given them In the Atomic Energy Act of 1954 or in
any law amendatory thereof,
"spent fuer' means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nudear reactor;
"waste" means any waste material (1) containing byproduct material and 12) resulting from the operation by any person or organization of any
nuclear facility Included within the definition of nuclear facility under paragraph Jul or lb) thereof,
" nudear fadl9y" means
(a) any nuclear reactor,
(b) any equipment or device designed or used far (1) separating the Isotopes of uranium or plutonium, (21 processing or udliang spent fuel, or
(3) handling, processing or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special nuclear material If at any time the torol amount of such
material In the custody of the insured at the premises wham such equipment or device Is located consists of or contains more than 25 grams
of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235,
(d) any structure, basin, excavation, promises or place prepared or used for the storage or disposal of waste,
and includes the site on which any of the foregoing Is located, all operations conducted on, such site and all premises used for such operations;
"nuclear rescuer" means any apparatus designed or used to sustain nudear fission In a self - supporting chain reaction or to contain a critical mass
of fissionable material,
With respect to Injury to or destruction //of property, the word "Injury" or "destruclion" Includes all forms of radioactive contamination of property.
Effective on and after 7,.24" , 19 60
Nothing herein contained shall be hold to vary, alter, waive or extend any of the terms, limits or conditions of the policy, except as heminbefore
set forth.
This endorsement forms a part of POLICY NO. 96- 160001
__4 ISSUED To COURTESY ADVERTISING CO.
Name of Broker or
Sub -Agent
Ccunterslgned by Swantner &Gordon MARYLAND CASUALTY .COMPANY
VQ_�/_4t-L�
Authorlud Representative. - Chairman of the Board and Qresident
Va. 3089. Ed. 1039. 200m.
Mladsor Erergy Liability Wuslon End. [Broad Psanl
COMPREHENSIVE GENERAL LIABILITY SCHEDULE
(For use with ComprahenaWe L)o -. ftl. Form 31 or 96)
(6) Elevator App. Interlock' Cor Gate Comear No. Ele on
Number Imuml
gesaiptlon of Hazprds
H. O. U
U.
_
R"
Atl Premiums
The rating classifications under the Description of Hazards do
not modify the terms
'Mensal
Colo Nn.
premium Haas
Coverage-
A'
Coverage
7M�,
g �I
Coverage
A
Coverage
►R
fi 141
exclusions or other of this polity
_:.
Grp.
4
C ❑
C ❑
1a) Premises— operatfom
M INATURE BILLBOARDS RATED AS:
Anv ISq. Fl.I
Fronmge
c) I12n7mMian
Ial Pm too sq. w. of
Area
rot per Lieser fact
(d) Other opplice-
be ma
(a) Per $lee of Rmm-
1c) Imie rtdent comrad..
CONSTRUCTION OPERATIONS -OWNER
ADVERTISING SIGNS - STREET -
Con
Per $1ee.of
cmre . 1'
EXISTENCE HAZARD ONLY
N.O.C.(NOT RAILROADS) - EXCLUDING
303
i 42
.044
.044
1.8S
1.85
MP PER LOCATION
EACH
0512
IF ANY
B.I..36 P.D. .16
.0164
(d) Products (Including Completed Operations)
REFUSE RECEPTALES
Sol.
Per $IWO
30S
32
.145
.033
4.64
1.06
STREET BENCHES
7
301
400
.363
0109
145.20
43.60
ADDITIONAL INSURED -CITY OF
(e) C adracis m defined In Condition 3
lo) Number Imared
la) P.
mad
CORPUS CHRISTI - CHARGE PER ENDa
rot Con
(b) Per $Ise
3195
AS PROVIDED BY THE POLICY
3.63
2.73
ADVERTISING COMPANfES- OUTDOOR
9549
)1.200.
.377
.589
4.S2
7.01
OWNER RATED AS
9549
)3,600..377
•589
1367
21.20
(6) Elevator App. Interlock' Cor Gate Comear No. Ele on
Number Imuml
Per FJ[
nor
Premix.
4
COVERAGE AFFORDED
1c) Imie rtdent comrad..
CONSTRUCTION OPERATIONS -OWNER
Con
Per $1ee.of
Can
N.O.C.(NOT RAILROADS) - EXCLUDING
6
OPERATIONS ON BOARD SHIPS._
0512
IF ANY
00343
.0164
(d) Products (Including Completed Operations)
Sol.
Per $IWO
of Sol.
EXCLUDED BY ENDORSEMENT 3070
7
(e) C adracis m defined In Condition 3
lo) Number Imared
la) P.
mad
rot Con
(b) Per $Ise
eF cast
AS PROVIDED BY THE POLICY
s
•
special cas anage Pnenuams
Total Advance Premiums
46
An
Li- Code
•
Alloched to and forming part of
Nome of Insured
General Liability Schedule No.
Policy No.
Lia. 3048 Ed. 3-58 W ❑
c„pn ;,ecea.al Liability sdmam, HOME OFFICE CONY jIARYLAND Y
_ CASUALTY COMPAN
c
COURTESY
ADVERTISING
COMPANY ELI ABRAMS a 4130 pompano Place a Phwrew Off. TB 5.7173 — TE 57175
Corpus Chrbfl, Twos
November 7, 1859
Mr. Herbert VV. Whitney, City Manager,
Mayor King and City Council,
City of Corpus Christi,
Corpus Christi, Texas.
Gentlemen:
May I ask that this letter please be considered as a formal request
that the amount of 300 Public Service Benches specified in Franchise
#4543 be increased to the amount of 400.
There is a public need for this extra amount of Public Service Benches
in our City due to the great population increase as well as the exten-
sion of both residential and business areas. This is also indicated
and supported by an accompanying letter from the Nueces Transportation..
In the event of a granted increase, our heavy insurance program will of
course be extended to cover with the City of Corpus Christi as co-in -
suror with no cost to the City, i.e. 4v10,000 to "50,000 public liability
3,10,000 to 20,000 property damage on each bench with copies of all
policies deposited with the City Secretary. Incidentally, there has
never been a loss, claim or any manner of complaint concerning the
Public Service Benches.
The Public Service acceptance by many thousands of our Corpus Christi
citizens as well as the numerous visitors to the City, has proved over
and over the worth of the benches by their tremendous usage by people
from all walks of life and especially the aged and children.
We certainly feel the Public Service Benches through our strict code
of maintenance, the acceptance of only high quality advertising from
fine legitimate firms, the revenue to the City from franchise fees
involved which are always paid promptly and in advance; this plus a
group of benches set aside to be devoted to fine causes such as the
United Fund, is an advantage to our citizens as a fine public service
and the well -being of a great many to whom the use of public convey-
ances is a necessity; - -- that the granting of an increase from 300
to 400 at this time is in order.
Very truly yours
Eli Abrams
d /b /a/ Courtesy Advertising Company
HRRSPORTOTIOR CO.
1024 SAM RANKIN STREET
P.O. BOX 2349 PHONE 2 -1722
CORPUS CHRISTI, TEXAS
November 5, 1959
Mr. Eli Abrams
Courtesy Advertising Company
4130 Pompano Place
Corpus Christi, Texas
Dear Mr. Abrams:
Due to the vast increase of Corpus Christi population and
the expansion of both residential and business areas there now
exists a great need for many more Public Service Benches to
accomodate this growth and need.
Numerous calls and requests for the Public Service Benches
for use in Bus Stops and at transfer points prompt this request
for more benches to be distributed along bus routes in the City
where they are needed.
In a recent conversation, you pointed out the clause in
your Franchise which precluded your placing more than 300 benches
in the City. We shall be only too glad to support a request by
you to our City Council to have this amount increased for this
needed Public Service.
Very truly yours,
NUECES TRANSPORTATION COMPANY
Paul S. Peck
Vice - President
/gs