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HomeMy WebLinkAbout05848 ORD - 08/03/1960JKH:8 -3 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CLEMENTE GARCIA, JR., DBA PRESCOTT PHARMACY, LOCATED AT 4406 PRESCOTT STREET, CORPUS CHRISTI, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF BILLS 04ED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING AUGUST 8, 196o, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CLEMENTE GARCIA, JR., DOING BUSINESS AS PRESCOTT PHARMACY, LOCATED AT 4406 PRESCOTT STREET, CORPUS CHRISTI, TEXAS, APPOINTING SUCH PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF ITS BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE, AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILI- TIES, BEGINNING AUGUST 8, 1960, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM THE PREMISES BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF MAKING PROVISIONS TO FACILITATE SUCH PAYMENTS TO THE CITY BY THE PUBLIC TO ACCORD WITH THE GROWTH AND DEVELOPMENT OF THE CITY OF CORPUS CHRISTI, BEING OF THE GREATEST IMPORTANCE TO THE PUBLIC NECESSITY AND CONVENIENCE, 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 ORDI- NANCE 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 THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE O DAY of 1960. ATTEST: MAYOR THE CITY OF C US CHRISTI TEXAS CITY SECRE AR APPROVED AS TO LEGAL FORM THIS THE_�__DAY OF 1960: CITY ATTO NE . THIS K"AMM OF AGOLEWNT SETWE-M THL CITY V CORAL' CWWt, TEXAS, A Muglc,P*L CorPOEXTioR, MrcinArTeR Pzrunca T,,3 AS "CITY'' AN3 ,'Vj,El4TC 0RCIA, R. ,)M F2'ESCOTT PlHAPMACY R1 MC Co To Ps "AGUT" WtTMCSSLTu: I. CITY HEREBY APPO;NT3 MENT AS ITS uwkilco AaEuT FOR THE S*l,t POnPOSE Or ACCEPTING, AT THE VORC OF AM,T LOCATED AT 4i� PRESCOTT STREET, Conrus "MAISTI, Teas 0, AND 00taQ nUSIMSS ONOCR THE IJAK Of IRLS Oi? PHVZrlk;Y, PAY7,11Ltil? OF OiLLD OWED TO CITY FOR WATEns Q"a SCKP iU�) OAZ�UA3t SV-VICIEj OUCH AP-704111MMT TO GCCOMr CrFCCTIVE THE 8-Tu DAY c.r 1960., AND TU CVNTI�;Ur U*)T)L TE�IMIMATra As sim� IN PPOVDZ�?. AU14T ACVV Y ACCEPTS MAID APPOINTMENTj ANO, M CON4110ERATION THEREOF AND OF INC COMPtPMATIOK TO BE PAID, AS MER-EINAFTCR SET OUT, AMES TO FAITHFULLY PERFORM 1413 DUTIES AS SUCH LimsTco AGENT, III ACCMAUCC WITH THE RULES AND iNSTPUCTIONS ISSUED DY CITY FOR THE CPtr?A- 71ON Or SUCH LIMITED, A2ENCIESp KNOWN As "PAY STATIONS". CoNuttoostANE.Our.- Lv WITH THE EXLCUTIM. OF THt$ ACRECKENT, AQ&NT HAS REceiVto A copy or SUCH ROLLS AND INSTRUCTIONS AND Mt ftl•t;ES TO 7AML401M HIMSELF AND COMPLY FULL'.' A;YU UACTLY WITH 'IMF UA*,IIC. ZaUCH IZU"U AND t%STrUCTI*NS ,JAY br COANGtp AT Au? TIVIC rlv THE'UiVi, 414D AZENT AaRtas TfIAT UPON OZ:N•a ruross4Co WITH A CUPY 1RHOWtUa &ULN i;4A3.,CCSjft 09 VILL M14E01ATLLY PAMPLfA"IZE Htm$CLr AND TfiEREArTEn COMPLY FULLY AND EXACTLY THEREWITH. 2. As rOMPEXIIATION FOR THC FAITHFUL PEAFORKANCC Or HIS auTics A$ SUCH Aov.&T, CITY HVREOY A4RCE$ TO PAY AGENT ON THE rOLLOW#Na 7 1/20 PER Bmt. FOR vit ripsy 4M MLLG COLLECTED. �$ PER UILL rOn THE NEXT 400 BILLS COLLECTED. 39 PER GILL FOR INC NEXT 200 DILLti COLLECTED. Z$ PEO BILL FOR THE NEXT M IMLS coLLErT0. 70 PCR BILL rCIR THE NEXT A!ND ALL 11C4AIrfl,40 BILLS COLLECTED. FAVVVJT OF TMV ftt; VILL OC MA-it ICY CITY 011 OR ABOUT THE Mail V EACH : =IlTtl 1`014LOWUN3 THAT MUNTO iW WMCH s;OLLCCTIONS ldr.IRZ MADE. THE EQUIPMENT WECESSARY For THE PCRF4RMANCI= BY Aoeu OF E Hi'S OUr1ES MERE11NDtR, AS.SBT OUT III THE RULES AND 11EGULATi4RS MENTIONED .. ABOVE, kill, CIE FURNISHED BY CITY AND THE ,SANE WILL AT ALL TIMES REMAIN THE PROPERTY of CITY, TO BE RETORNE6 TO IT BY AGENT UPON THE TERMINATION ,CF 71118 AGREEMENT AS IN 4O00 49HOITION AS WHEN RECEIVED, ORDINARY WEAR - AND TEAR EXCEPTED. 4, 'CITY AGREES TO PRGYiD£ Amy msuRANCE CDV£RAGE MADE REM- GARY ISY THIS AGREEMENT A" OPERATIONS "ZfICUNDTR ANS TO PAY AL16 PREMIUMS - - IRCfOENT, THERETC1. ;• AGENT AGREED 74 FURNtSH TO CITY, UPON EXECUTJON,OF THIS t AGREEMENTS 'A SVAXTY BOND in ?Hg AKSUDIY or ONE THOUSAND Dotj.ARS 01sG00)► TO GUARANTEE THC PR4Ptti MARDLINo or vuws COLLrmo POR,C1TY BY ulp AGENT, SAID aONEt TO BE APPRDYED r}Y THE CITY ATTORNEY. G'. THIS AGREEMENT MAY BE TCRKkNATEO IMMCOIATELY BY CITY UPON A BREACH OF AC£NT DF ANY of THE TERMS AND cONOITIONi HEREOF,, OR FAILURS OF AGENT TO comm, BULLY WITH THE RULES AND INSTRUCTIONS HEREIN - k• A OVt 1:£FERRED TO. SAID A®REEMENT 14" FURT"c" at TERMINATED BV "?HER r PARTY WITHOUT CAUSE BY 41VIIIS THE OTHER THIRTY (30) DAYS WRITTEN NOTICE P or. SUCH TERMINATION. IT is FURTk&A ACR €to THAT SIIOW.a TILE, AGENT MANED IWRCIN MGVk FROM THE ADDRESS AND LOCATION HE.R91140trORL BET OUT THAT SUCH _ REMOVAL SH"I. AUTOMATICALLY, TERMINATE TH)S AGREEMENT.' IN THF- 0907 r OF ANY TERMINATI" OF THIS AGREEMENT, AGENT AGRttt THAT ME WILL f4OTaFY ALL PERSONS OFFERING T4 MARE PAYMENT sat- Mlli LACK OF AOTHOTTITV T4 . RECEIVE SUCH PAYMENTS ARC WILL OrrRAIN PROM ACCEPTING AHY PAY14PNT A3 AcrHT or THE CITY.' CITY (W C014pts CHRISTI ,HER3,EHT W. IN1 T➢II Y, CITY 'MANAGER CITY SECRETARY E. APPROVED AS TO LEGAL,iORM THIS THE,....,,. OAY Cff'� r1060 *C 4i'" ' ITV ATTORNEY -; PR6S= PHARMACY ST' • CLEME.NTE GARCIA# elRa "AGENT"-- . I-- CORPUS CHRISTI, TEXAS DAY OF 12- s 19 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, L� MAYO THE CITY OF C P CHRIST TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO$ SR.