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Home My WebLink About06124 ORD - 04/26/1961AH :4—Z1 -61 � � • 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 RAY WASSERMAN, DBA TOWN AND COUNTRY PHARMACY, INC., LOCATED AT 420 S ,ALAMEDA STREET, CORPUS CHRISTI, TEXAS,.APPOINT- ING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING MAY 1, 1961, 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, 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 RAY WASSERMAN, DBA TOWN AND COUNTRY PHARMACY, INC., LOCATED AT 4250 S. ALAMEDA 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 UTILITIES, BEGINNING MAY 1, 1961, 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 RE- QUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR - s 11 9 1 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 COUNCILy AND THE MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS 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 PASSA E, IT IS ACCORDINGLY I PASSED AND APPROVED, THIS THE _&DAY OF 1961. MA THE CITY OF CORPUS CH TIC TEXAS ATTEST: C4 CITY SECR ARY APPROVED AS TO LEGAL FRM THIS THE a 2 DAY OF , 1961: CITY kmomfty s THIS MEMCiRANDUM or AMEBMENT OETWEEN THE CITY OF CORPUS CHRISTI, TEXAS A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS "CITY" AND RAY WASSERMAN, DSA TOWN AND COUNTRY PHARMACY, INC. HEREINAFTER REFERRED TO AS "AGENT" WITNES5ETH_ 1. CITY HEREBY APPOINTS AGENT AS ITS LIMITED AGENT FOR THE SOLE PURPOSE OF ACCEPTING, AT THE STORE OF AGENT LOCATED AT 4250 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS, AND GOING BUSINESS UNDER THE NAME OF TOWN AND COUNTRY PHARMACY, INC., PAYMENT OF SILLS OWED TO CITY FOR WATER, GAS, SEVER AND GARBAGE SERVICE, SUCH APPOINTMENT TO BECOME EFFECTIVE THE 1ST DAY, OF MAY, 1961, AND TO CONTINUE UNTIL TERMINATED AS HEREIN PROYIOED. AGENT HEREBY ACCEPTS SAID APPOINTMENT, AND IN CONSIDERATION THEREOF AND OF THE COMPENSATION TO OE PAID, AS HEREINAFTER SET OUT, AGREES TO FAITHFULLY PERFORM HIS DUTIES AS SUCH LIMITED AGENT, IN ACCORDANCE WITH THE RULES AND INSTRUCTIONS ISSUED BY CITY FOR THE OPERATION OF SUCH LIMITED AGENCIES, KNOWN AS "PAY STATIONS ". CONTEMPORANEOUSLY WITH THE EXECUTING OF THIS AGREEMENT, AGENT HAS RECEIVED A COPY OF SUCH RULES AND INSTRUCTIONS AND H, AGREES TO FAMILIARIZE HIMSELF AND COMPLY FULLY AND EXACTLY WITH THE SAME. SUCH RULES AND INSTRUCTIONS MAY 89 CHANGED AT ANY TIME BY THE CITY, AND AGENT AGREES THAT UPON BEING FURNISHED WITH A COPY !MOWING SUCH CHANGES, HE WILL IMMEDIATELY, FAMILIARIZE HIMSELF AND THEREAFTER COMPLY FULLY AND EXACTLY THEREWITH. . 2. As COMPENSATION FOR THE FAITHFUL PERFORMANCE OF HIS DUTIES AS SUCH AGENT, CITY HEREBY AGREES TO PAY AGENT ON - THEFOLLOVINO OASIS: 7 -1%20 PER BILL FOR THE FIRST 400 13ILLSLCOLLECTED. 50 PER BILL FOR THE NEXT 200 BILLS COLLECTED. 30 PER BILL FOR THE NEXT 200 OIL0 COLLECTEO. 20 PER BILL FOR THE NEXT 200 BILLS COLLECTED. 10 PER DILL FOR THE NEXT AND ALL REMAINING BILLS COLLECTED. i s� • PAYMENT OF THIS PEG WILL BE MADE BY CITY ON OR ABOUT THE TENTH OF EACH MONTH FOLLOWING TH`T MONTH III WHICH 61.16ECTIONS }IEEE MADE. 3. THE ,tGUIPMENT NECESSARY FOR THE PERFORMANCE -BY AGENT OF "IS DUTIES HEREUNDER,. AS SET OUT IN THE RULES AND REGULATIONS MENTIONED ABOVE, WILL BE FURNISHED BY CITY AND THE SAME WILL AT ALL TIMES HEMAIFI THE PROPERTY OF CITY, TD Be RkTURNEO TO IT BY AGENT UPON THE TERMINATION OF THIS AGREEMENT AS IN GOOD CONDITION AS VH91J RECEIVED, ORDINARY WEAR AND TEAR EXCEPTED. 4. CITY AGREES TO PROVIDE ANY IN3URANCE COVERAGE MADE ; NECESSARY BY THIS AGREEMENT AND OPERATION3 HERCUNDER AND TO PAY ALL PREMIUM S.INGIOFNT THERETO.. 5• AGENT AGREES TO FURNISH TO ~CITY;, UPON EXECUTION OF THIS AGREEMENT, A SURETY BOND IN THE AMOUNT OF ONE THOUSAN0 DOLLARS ($1,000), To GUARANTEE THE PROPER HANOLIN6 OF FUNDS COLLECTED FOR CITY BY iA1D AGENT, SAID BOND TO BE APPROVED BY THE CITY ATTORNEY. .6. THIS AGREEMENT MAY Og TERMINATED IMMEDIATELY BY CITY UPON A BREACH OF AQBNT OF ANY OF THE TERNS AND CRNDITION$ HEREOF, OR FAILURE OF AGENT TO COMPLY - FULLY MITHTHE RULCS AND INSTRUCTIONS HEREINABOVE REFERRED TO. SAID ,AGREEMF,NT'MAY FURTHER 9E TEAMINATCO BY EITHER PARTY WITHOUT CAUSE By GIVING THE OTHER THIRTY (30) DAYS .WRITTEN NOTICE OF SUCH TERMINATION., IT IS 'FURTHER AGREED GHAT SHOULD THE AGENT NAMED HEREIN MOVE FROM THE ADDRESS aNO LOCATION HYREINBEFoRL SET OUT THAT SUCH REMOVAL SHALL AUTOMATICALLY TERMINATE T.HIS'ABREEMI:IIT. IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT,, Ali$NT AGREES THAT HE WILL NOTIFY ALL PERSONS OFFERING TO MAIZE PAYMENT OF MIS LACK OF AUTHORITY To RCCEIVE SUCH PAYMENTS AND WILL REFRAIN TROM ACCEPTING ANY PAYMENT A9 AGENT OF THE, CITY, - ATTEST: CITY OF CORPUS CHRISTI APPROVW AS TO LEGAL FORM THIS THE ---PAY OF - ,19611 CITY ATTORNEY BY HERBERT U. WH4TNEY CITY MANAGER "CITY" TOWN AND COUNTRY 'PHARMACY,'INC. By AY WASSERMANL "AGENT" • 9 CORPUS CHRISTI TEXAS iLDAY OF 99_1 /' TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI* TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION -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* HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED* OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY* MAYOR THE CITY OF CORPUS 74sT 1,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE= BEN F. MCDONALD TON R. SWANTNER DR. JAMES L. BARNARD d Jose R. DELEON M. P. IMALDONADO W. J. ROBERTS JAMES H. YOUNG f° THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI GIZ.TE. BEN F. McDONALD '� ct Tom R. SWAMTNER DR. JAMES L. BARNARD ✓ JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG