HomeMy WebLinkAbout06694 ORD - 11/14/1962y .
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
AN AGREEMENT AND CONTRACT WITH TOM LAWRENCE, EMPLOYING
SAID TOM LAWRENCE AS GOLF PROFESSIONAL AT A SALARY OF
$200.00 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE;
PROVIDING FOR RENEGOTIATION IN CASE OF CERTAIN CON-
TINGENCIES; AND LEASING TO HIM THE GOLF SHOP AND CAFE
LOCATED AT THE SAID MUNICIPAL GOLF COURSE FOR A PERIOD
OF ONE YEAR FOR AND IN CONSIDERATION OF THE COMPENSA-
TION TO THE CITY OF 5% OF ALL GROSS RECEIPTS DERIVED
THEREFROM, AND UNDER THE TERMS AND CONDITIONS OF SAID
LEASE, A COPY OF WHICH LEASE 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 OF THE CITY OF CORPUS
CHRISTI, BE AND IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREE-
MENT AND CONTRACT WITH TOM LAWRENCE, EMPLOYING SAID TOM LAWRENCE AS
GOLF PROFESSIONAL AT A SALARY OF $200.00 PER MONTH AT THE 050 MUNICIPAL
GOLF COURSE, PROVIDING FOR THE RENEGOTIATION OF THE TERMS OF SAID CON-
TRACT IN THE EVENT THAT THE GREEN FEES SHOULD DROP AS MUCH AS loo BELOW
THE AVERAGE ANNUAL PLAY DURING THREE -YEAR PERIOD FROM AUGUST 1, 1959,
THROUGH JULY 31, 1962, AND LEASING TO HIM THE GOLF SHOP AND CAFE LOCATED
AT SAID 050 MUNICIPAL GOLF COURSE FOR A PERIOD OF ONE YEAR FOR AND IN
CONSIDERATION OF THE COMPENSATION TO THE CITY OF 5% OF ALL GROSS RECEIPTS
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DERIVED THEREFROM AND UNDER THE TERMS AND CONDITIONS OF SAID LEASE, A
COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF, READING
AS FOLLOWS:
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6G94
CONTRACT
THE STATE OF TEXAS Q
COUNTY OF NUECES Q
THIS AGREEMENT AND CONTRACT MADE AND ENTERED INTO THIS THE
DAY OF NOVEMBER, 1962,-BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS CITY MANAGER,
HERBERT W. WHITNEY, AND TOM LAWRENCE OF NUECES COUNTY, TEXAS, HEREINAFTER
CALLED "SECOND PARTY!!, "
W I T N E S S E T H s
THAT IN CONSIDERATION OF THE COVENANTS, AGREEMENTS AND CONDITIONS
HEREIN CONTAINED ON THE PART OF SECOND PARTY TO BE KEPT AND PERFORMED, THE
CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY CONTRACT WITH SECOND PARTY TO
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-ACT AS THE GOLF PROFESSIONAL AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD
• BEGINNING ON NOVEMBER 15, 1962, AND ENDING AT MIDNIGHT, NOVEMBER 15, 1963,
SUBJECT TO ALL'OF THE TERMS AND CONDITIONS OF"THISf CONTRACT, AND DOES
LEASE TO SECOND .PARTY THE GOLF SHOP AND THE CAFE LOCATED AT THE OSO MUNICIPAL
GOLF COURSE FOR THE SAID PERIOD AS HEREIN PROVIDED AND SPECIFIED.
'SECOND PARTY SHALL ACT AS GOLF PROFESSIONAL AT THE CONTRACT PRICE
r OF TWO HUNDRED AND N0/100 ($200.00) DOLLARS PER MONTH, WHICH SHALL BE PAID
IN SEMI— MONTHLY INSTALLMENTS IN THE SAME MANNER AS CITY EMPLOYEES ARE PAID.
SECOND PARTY SHALL BE ENTITLED TO VACATION LEAVE BENEFITS WITHOUT DEDUCTION
FROM HIS CONTRACT PAYMENTS, AND TO SICK LEAVE BENEFITS IDENTICAL WITH THAT
OF REGULAR CITY EMPLOYEES. PROVIDED, HOWEVER, IT IS EXPRESSLY UNDERSTOOD
THAT SECOND PARTY IS AN INDEPENDENT CONTRACTOR AND NOT A CITY EMPLOYEE.
IN THE EVENT THE ANNUAL QUANTITY OF PLAY AT THE.000RSE AS
DETERMINED BY THE NUMBER OF GREEN FEES PAID, SHOULD DROP AS MUCH AS 10%
BELOW THE AVERAGE ANNUAL PLAY DURING THE. THREE —YEAR PERIOD OF AUGUST 1,
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1959, THROUGH JULY 31, 1962, THEN THE SECOND PARTY SHALL HAVE THE OPTION
TO REQUEST A RENEGOTIATION OF THE TERMS OF THIS CONTRACT; AND IN THE
EVENT NO AGREEMENT CAN BE REACHED WITHIN SIXTY (60) DAYS FROM THE DATE
OF REQUEST, SECOND PARTY SHALL, ON THIRTY (30) DAYSt NOTICE, HAVE THE
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OPTION TO TERMINATE THIS AGREEMENT. '
(A) SECOND PARTY SHALL BE IN CHARGE OF AND SHALL HAVE THE
RESPONSIBILITY FOR SUPERVISION OF THE OSO MUNICIPAL GOLF COURSE AND AS
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-SUCH SHALL PERFORM ALL DUTIES AND, RESPONSIBILITIES AS ARE REQUIRED OF
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HIM BY THE LAWS OF THE STATE OF TEXAS AND THE ORDINANCES OF THE CITY
OF„CORPUS CHRISTI, TEXAS, AND SUCH OTHER FUNCTIONS, DUTIES, IN CONNEC-
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TI 4N WITH THE OPERATION AND MAINTENANCE OF THE GOLF COURSE AS DIRECTED
BY THE CITY MANAGER. HE SHALL SUPERVISE AND OPERATE THE SAID OSO
MUNICIPAL Got FyCOURSE IN STRICT ACCORDANCE WITH ANY AND ALL RULES AND
REGULATIONS NOW IN FORCE IN REGARD TO SAID COURSE AND THAT MAY HERE-
AFTER BE PROMULGATED BY THE CITY MANAGER OR THE DIRECTOk OF PARKS AND
Y '* RECREATION AND THE PARK AND RECREATION BOARD OF THE CITY OF CORPUS
CHRISTI, TE %AS, UNDER THE SUPERVISION OF THE CITY MANAGER.
(B) SECOND PARTY SHALL BE 'A PERSON QUALIFIED IN THE SUPERIN p
} TENDENCE AND MANAGEMENT OF A GOLF COURSE, WHOSE DUTY SHALL BE TO MANAGE
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AND CONTROL THE ADMINISTRATION AND OPERATION OF THE MUNICIPAL GOLF COURSE,
SUBJECT TO THE SUPERVISION OF THE PARK BOARD, DIRECTOR OF THE PARK AND
RECREATION DEPARTMENTS AND THE CITY MANAGER.
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(C) SECOND PARTY SHALL HAVE RESPONSIBILITY FOR THE OPERATION
OF -SAID GOLF COURSE AND SHALL BE CHARGED WITH THE DUTY OF KEEPING THE
GROUNDS FAIRWAYS, GREENS, TEES AND ANY AND ALL PROPERTY OF SAID OSO MUNI-
CIPAL GOLF COURSE IN GOOD REPAIR AND SHALL SUPERVISE ANY AND ALL WORK DONE
ON SAID GOLF COURSE.
(D) SECOND PARTY SHALL ENFORCE OR CAUSE TO BE ENFORCED ALL
RULES AND REGULATIONS GOVERNING THE PLAYING OF GOLF ON SAID GOLF COURSE;
AND ALL OTHER ACTIVITIES INCLUDING, BUT NOT LIMITED TO, THE REFRESHMENT
BAR', PICNIC AREA, AND LOCKER ROOMS AS MAY BE CONDUCTED ON THE GOLF COURSE
GROUNDS; THAT MAY NOW BE IN FORCE OR MAY HEREAFTER BE PROMULGATED BY
THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS.
(E) SECOND PARTY SHALL COLLECT ALL GREEN FEES, MONTHLY RATES,
AND OTHER CHARGES NOW I1P FORCE IN REGARD TO SAID OSO MUNICIPAL GOLF COURSE
OR AS MAY HEREAFTER BE ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF
'CORPUS CHRISTI TEXAS. HE SHALL PRESENT EACH AND EVERY PLAYER WITH A TICKET
SHOWING DATE AND SE'ArAL`NUft ER THAT CORRESPONDS TO THE RECEIPT TAPE ON THE
CASH REGISTER AT SUCH GOLF COURSE AND SHALL PERMIT NO PERSON TO PLAY ON SAID
COURSE WITHOUT HAVING IN HIS POSSESSION SUCH TICKET, UNLESS SPECIFICALLY
y AUTHORIZED BY THE CITY MANAGER. HE SHALL KEEP STRICT AND ACCURATE BOOKS
OF ACCOUNT OF ALL GREEN FEES, MONTHLY RATES AND OTHER CHARGES COLLECTED
BY HIM AND SHALL DEPOSIT ALL SUCH FEES RATES, CHARGES AND THE CASH REGISTER
RECEIPT TAPE, WITH THE DIRECTOR OF FINANCE AT SUCH INTERVALSo AND ACCOMPANIED
BY A REPORT IN SUCH FORM, AS REQUIRED BY THE DIRECTOR OF FINANCE. THE SAID
BOOKS OF ACCOUNT HEREUNDER SHALL BE OPEN FOR INSPECTION AT ALL TIMES. HE
SHALL LIKEWISE MAKE A MONTHLY ITEMIZED REPORT TO THE CITY MANAGER AND/OR
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DIRECTOR OF PARK AND RECREATION DEPARTMENT OF SUCH COLLECTIONS,
(F) SECOND PARTY SHALL FURNISH A GOOD AND SUFFICIENT
BOND IN THE SUM OF NOT LESS THAN FIVE THOUSAND AND N0/100 ($5,000.00)
DOLLARS, WITH THE SURETY THEREON A CORPORATE SURETY DULY LICENSED UNDER
THE LAWS OF THE STATE OF TEXAS TO WRITE FIDELITY BONDS, CONDITIONED THAT
SECOND PARTY SHALL PAY OVER TO THE CITY OF CORPUS CHRISTI ALL GREEN FEES,
MONTHLY RATES AND OTHER CHARGES COLLECTED BY HIM.
(G) SECOND PARTY SHALL HAVE THE RIGHT TO GIVE, OR CAUSE TO
BE GIVEN, GOLF LESSONS AT HIS OWN EXPENSE AND ALL REVENUE THEREFROM SHALL
BE ACCOUNTED FOR IN THE SAME MANNER AS OTHER REVENUE FROM GOLF COURSE
OPERATIONS.
(H) SECOND PARTY SHALL BE RESPONSIBLE FOR AND CONTROL THE
ACTIVITIES OF CADDIES ON THE GOLF COURSE AND SHALL TAKE WHATEVER ACTION IS
NECESSARY TO INSURE THAT THE CADDIES CONDUCT THEMSELVES IN AN ORDERLY MANNER.
SECOND PARTY SHALL INSURE THAT THE CONDUCT OF HIS OWN EMPLOYEES IS SATISFACTORY
AND IN KEEPING WITH THE CONDUCT REQUIRED OF CITY EMPLOYEES IN GENERAL. SECOND
PARTY SHALL ALSO INSURE THAT NEITHER HE, HIS EMPLOYEES, NOR THE EMPLOYEES
OR CADDIES UNDER HIS SUPERVISION ARE PERMITTED TO DRINK INTOXICATING BEVERAGES
IN THE GOLF COURSE CLUB HOUSE OR ON THE GOLF COURSE GROUNDS.
(1) SECOND PARTY SHALL ENDEAVOR TO MAINTAIN A CONSTANT PROGRAM
TO ATTRACT TOURISTS AND TO ENCOURAGE TOURISTS TO USE THE GOLF COURSE FACILITIES,
AND SHALL MAINTAIN A MINIMUM OF FOUR SETS OF RENTAL GOLF CLUBS FOR TOURIST USE.
(J) SECOND PARTY ALSO AGREES TO ADEQUATELY PUBLICIZE COURSE
RULES AND REGULATIONS AND TO POST GREEN FEES AND CADDY RATES.
II
THE CITY OF CORPUS CHRISTI, TEXAS, HEREBY LEASES TO SECOND PARTY,
FOR THE PERIOD HEREINBEFORE STATED SUBJECT TO ALL THE TERMS AND CONDITIONS
OF THIS CONTRACT AS FOLLOWS:
(A) THE GOLF SHOP AND ALL OF ITS EQUIPMENT, AS SHOWN ON THE
ATTACHED LIST, LOCATED AT THE 050 MUNICIPAL GOLF COURSE; AND
(B) THE CAFE AND ITS EQUIPMENT, AS SHOWN ON THE ATTACHED LIST,
NOW LOCATED AT THE MUNICIPAL GOLF COURSE AND ALL EQUIPMENT OF THE LOCKER ROOM,
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AS SHOWN ON THE ATTACHED LIST, AND THE LOCKER ROOM.
IT IS UNDERSTOOD AND AGREED THAT SECOND PARTY SHALL OPERATE SAID
BUSINESSES AS HIS OWN BUSINESS AND SHALL BE ENTITLED TO ALL OF THE PROFITS
FROM THE OPERATION OF SAID BUSINESSES, EXCEPT THAT HE SHALL PAY TO THE CITY
OF CORPUS CHRISTI; TEXAS, FIVE PER CENT (5 %) OF THE GROSS RECEIPTS OF SUCH
BUSINESSES, INCLUDING LESSONS, RESALE OF EQUIPMENT, REPAIR OF EQUIPMENTo AND
ALL REVENUE IN ANY WAY RELATED TO OR OBTAINED BY REASON OF THE OPERATION OF
THE GOLF COURSE; SAID SUM OF 5% SHALL BE DUE AND PAYABLE MONTHLY, THE FIRST
PAYMENT BEING DUE ON OR BEFORE THE TENTH DAY OF THE MONTH NEXT FOLLOWING THE
EFFECTIVE DATE HEREOF AND ON OR BEFORE THE TENTH DAY OF EACH SUCCESSIVE
CALENDAR MONTH THEREAFTER ACCOMPANIED BY AN ITEMIZED STATEMENT IN SUCH FORM
AS REQUIRED BY THE DIRECTOR OF FINANCE. SECOND PARTY AGREES TO KEEP STRICT,
ACCURATE AND CORRECT BOOKS ON THE OPERATIONS OF SUCH BUSINESSES AND TO EMPLOY
A REGISTERED PUBLIC ACCOUNTANT OR CERTIFIED PUBLIC ACCOUNTANT TO KEEP SAID
BOOKS AND SAID BOOKS SHALL BE OPEN FOR INSPECTION BY THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI, TEXAS, OR ANY PERSON DESIGNATED BY HIM, AT ANY
AND ALL TIMES. -
IT IS UNDERSTOOD AND AGREED THAT SECOND PARTY WILL TAKE GOOD CARE
OF THE PERSONAL PROPERTY SHOWN ON THE ATTACHED LIST AS WELL AS ALL REAL
PROPERTY HEREBY LEASED AND DEMISED TO HIM AND SUFFER NO WASTE AND WILL
DELIVER THE SAID PROPERTY BACK TO THE CITY OF CORPUS CHRISTI, TEXAS, AT THE
EXPIRATION OR OTHER TERMINATION OF THIS LEASE IN THE SAME CONDITION AS THE
SAME WAS RECEIVEDI NATURAL WEAR AND TEAR ALONE EXCEPTED.
IV
IT IS UNDERSTOOD AND AGREED THAT MINOR REPAIRSp SHALL CONSIST OF
THOSE REPAIRS SUCH AS REPAIRING A LOCK OR RESCREENING A DOOR' WHICH TO NOT
COST IN EXCESS OF FIFTY (850.00) DOLLARS FOR ANY ONE REPAIR. ALL MINOR REPAIRS
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OR REPLACEMENTS TO THE BUILDINGS OCCUPIED BY THE GOLF SHOP AND /OR THE
CITY OWNED EQUIPMENT THEREIN# WILL BE MADE BY SECOND PARTY AT HIS OWN COST
AND EXPENSE, AND THAT THE MAJOR REPAIRS TO THE SAME WILL BE MADE BY THE
CITY OF CORPUS CHRISTI, AFTER THE NEED THEREFOR HAS BEEN DETERMINED BY THE
CITY MANAGER, WHOSE DECISION ON THE SAME SHALL BE FINAL. IT IS FURTHER
UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SECOND PARTY EVER HAVE OR
CLAIM ANY DAMAGES AGAINST THE CITY FOR LOSS OF INCOME FOR FAILURE OF THE
CITY TO MAKE ANY MAJOR REPAIRS UNLESS THE SAID CITY SHALL HAVE HAD WRITTEN.
NOTICE OF THE NEED OF SUCH REPAIRS AT LEAST FIFTEEN (15) DAYS PRIOR TO
TIME OF THE ORIGIN OF THE CLAIM FOR DAMAGEp AND IT HAS FAILED AND REFUSED
TO MAKE -SUCH REPAIRS. SECOND PARTY IS TO KEEP THE PLUMBING FREE FROM ALL
OBSTRUCTIONS, WITHIN THE BUILDINGS AND TO THE OUTSIDE DRAIN LINES AND KEEP
THE PREMISES AROUND THE BUILDINGS AND THE BUILDINGS, CLEAN AND FREE FROM
RUBBISH) TRASHY ETC. , AT ALL TIMES.
V
IT IS FURTHER UNDERSTOOD AND AGREED THAT SECOND PARTY MAY SUBLET
THE CAFE AND LOCKER ROOM HEREIN LEASED WITH THE CONSENT AND APPROVAL OF THE
CITY MANAGER FIRST HAD AND OBTAINED IN WRITING, BUT IT 13 FURTHER UNDERSTOOD
AND AGREED THAT SECOND PARTY SHALL REMAIN RESPONSIBLE.,FOR THE FAITHFUL PER -
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FORMANCE OF ALL THE PROVISIONS TO THIS CONTRACT BY ANY SUCH SUB - LESSEE.
VI
IT IS UNDERSTOOD AND AGREED THAT SECOND PARTY, IN THE OPERATION
OF SAID CAFE, WILL POST IN A CONSPICUOUS PLACE THE CHARGES FOR THE PRINCIPAL
ITEMS SOLD THEREIN. THE POSTED PRICES SHALL PREVAIL FOR ALL SALES. THE
RATES SO POSTED AND CHARGED SHALL BE REASONABLE AND COMPARABLE TO RATES
CHARGED AT SIMILAR CONCESSION OPERATIONS THROUGHOUT THE CITY. THE DIRECTOR
OF PARK AND RECREATION SHALL NOTIFY SECOND PARTY IF AT ANY TIME THE RATES
BEING CHARGED ARE FOUND TO BE UNREASONABLE.
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CITY OF CORPUS CHRISTI, TEXAS, AGREES THAT IT WILL NOT WHILE THIS
AGREEMENT IS A N FORCE AND EFFECT GRANT TO ANY OTHER PERSON OR ORGANIZATION
THE PRIVILEGE OF SELLING AT THE OSO MUNICIPAL GOLF COURSE ANY OF THE ITEMS
SOLD BY THE SAID CAFE OR GOLF SHOP.
IN ORDER TO PREVENT DAMAGE TO THE GREENS, FAIRWAYS AND OTHER AREAS
OF THE GOLF COURSE, IT IS AGREED BY THE PARTIES HERETO THAT NO GOLF CARS,
EXCEPT THOSE OWNED OR LEASED BY SECOND PARTY, WILL BE ALLOWED ON THE GOLF
COURSE. SECOND PARTY SHALL ADOPT REGULATIONS CONCERNING THE USE OF SAID
CARS TO PREVENT SUCH DAMAGE.
VIII
SECOND PARTY AGREES THAT IN THE OPERATION OF SAID GOLF SHOP AND
CAFE THAT HE WILL OPERATE THE SAME IN ACCORDANCE WITH ALL OF THE LAWS OF THE
UNITED STATES AND THE STATE OF TEXAS, AND ORDINANCES OF THE CITY OF CORPUS
CHRISTI, TEXAS, AND ALL RULES AND REGULATIONS IN REGARD TO THE SAME THAT MAY
BE PROMULGATED BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS.
IX
SECOND PARTY AGREES TO HOLD THE CITY OF CORPUS CHRISTI HARMLESS
FOR ANY HURT,'INJURY OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY SECOND
PARTY'S OPERATION OF SAID GOLF SHOP AND CAFE AND AGREES TO CARRY PUBLIC
CLTABILITY INSURANCE UPON THE SAID BUSINESSES INIHE AMOUNTS AND UPON THE
CONDITIONS AS THE CITY MANAGER MAY SEE FIT TO REQUIRE. COPIES OF SAID
POLICY SHALL BE FILED WITH THE DIRECTOR OF PARKS AND RECREATION.
SECOND PARTY AGREES THAT HE WILL INCUR NO DEBTS OR OBLIGATIONS
ON THE CREDIT OF THE CITY OF CORPUS CHRISTI, IN THE OPERATION OF SAID BUSINESSES.
IT IS UNDERSTOOD THAT THE LOCKER ROOM AND ITS EQUIPMENT IS LEASED
TO SECOND PARTY AND THAT HE WILL FURNISH ALL SANITARY SUPPLIES USED THEREIN
AND ALL LABOR NECESSARY AND PAY THE 5% OF THE GROSS HEREIN ABOVE SPECIFIED.
X
SECOND PARTY AGREES THAT HE WILL MAKE NO ALTERATIONS IN THE
BUILDINGS HEREBY LEASED WITHOUT CONSENT OF THE CITY MANAGER OR DIRECTOR
OF PARK AND RECREATION DEPARTMENT IN WRITING FIRST HAD AND OBTAINED.
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XI
IT IS UNDERSTOOD THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL
FURNISH THE MEN AND EQUIPMENT NECESSARY TO KEEP UP THE FAIRWAYS, GROUNDS
(EXCEPT THE BUILDINGS HEREBY LEASED) AND WILL MAINTAIN THE SAME, AND THAT
SECOND PARTY IN CONJUNCTION WITH THE DIRECTOR OF PARKS AND RECREATION OF
THE CITY OF CORPUS CHRISTI, TEXASp WILL SUPERVISE ALL SUCH WORK, AND
PROPERTY OF THE SAID CISO MUNICIPAL GOLF COURSE.
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IT IS UNDERSTOOD THAT THIS CONTRACT IS NOT SEVERABLE.
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SECOND PARTY AGREES THATy AT HIS OWN COST AND EXPENSE, HE WILL
EMPLOY A STARTER AND OTHER EMPLOYEES TO OPERATE THE SAID BUSINESSES, WHICH
SAID STARTER AND OTHER EMPLOYEES SHALL BE SOLELY IN THE EMPLOY OF SECOND
PARTY1 AND SHALL NEVER BE CONSIDERED EMPLOYEES OF THE CITY OF CORPUS CHRISTI
TEXAS. IT IS FURTHER UNDERSTOOD THAT SUCH STARTER SHALL SUPERVISE THE PLAY
IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE OSO MUNICIPAL GOLF COURSE
AT ALL TIMES AND SECOND PARTY AGREES TO EMPLOY SUFFICIENT EMPLOYEES AS THE
CITY MANAGER SHALL DEEM NECESSARY FOR THE OPERATION OF SAID BUSINESSES. ALL
SUCH EMPLOYEES SHALL BE COVERED BY WORKMAN'S COMPENSATION INSURANCE CARRIED
AT EXPENSE OF SECOND PARTY WHO SHALL PAY ALL SALARIES OF ALL SUCH EMPLOYEES.
ALL SUCH EMPLOYEES SHALL BE APPROVED BY THE CITY MANAGER AND /OR DIRECTOR OF
PARKS AND RECREATION.
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IT IS FURTHER' UNDERSTOOD AND AGREED THAT THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI, TEXAS, MAY AT ANY TIME CANCEL THIS CONTRACT UPON THE
FAILURE OF SECOND PARTY TO PERFORM THE CONDITIONS OF THIS CONTRACT OR UPON
FAILURE TO COMPLY WITH ANY RULES AND REGULATIONS PROMULGATED IN REGARD TO
THE OPERATION OF THE OSO MUNICIPAL GOLF COURSE, AND THAT IMMEDIATELY UPON
SUCH CANCELLATION THAT THE CITY OF CORPUS CHRISTI, ITS AGENTS SERVANTS, AND
EMPLOYEES SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND TO RE -ENTER
AND TAKE POSSESSION OF ALL OF THE PROPERTY HEREIN LEASED AND DEMISED AND
REMOVE ALL PERSONS THEREFROM WITHOUT BEING LIABLE FOR ANY CLAIMS FOR DAMAGES
BY REASON OF SUCH CANCELLATION AND RESUMPTION OF POSSESSION.
XV
SECOND PARTY AGREES TO PROVIDE SUITABLE SIGNS AT THE GOLF SHOP AND
CAFE ADVISING,THE PUBLIC THAT SUCH BUSINESSES ARE OPERATED BY SECOND PARTY
AS AN INDEPENDENT CONTRACTOR AND ARE NOT OPERATED BY THE CITY OF CORPUS CHRISTI,
TEXAS.
IT IS UNDERSTOOD AND AGREED, HOWEVERp THAT THIS CONTRACT IS A
PERSONAL CONTRACTp NOT ASSIGNABLE, AND THAT THE SAME WILL TERMINATE UPON THE
DEATH OF SECOND PARTY# OR IN THE EVENT OF THE INABILITY OF SECOND PARTY TO
PERFORM THE DUTIES HEREUNDER FOR A PERIOD OF SIXTY (60) DAYS TIME.
THIS SHALL BE CONSTRUED AS A USE PRIVILEGE CONTRACT, INCLUDING THE
RIGHT OF USE AND OCCUPANCY OF THE GOLF SHOPS CAFE AND LOCKER ROOM WITH THE
OBLIGATION UPON GRANTEE TO SUPERVISE THE OPERATION AND MAINTENANCE OF THE 050
BEACH MUNICIPAL GOLF COURSE AS A PUBLIC MUNICIPAL GOLF COURSE WITH THE DUTY
OF ENFORCING ALL RULES REGULATIONS AND ORDINANCES PERTAINING TO SAME.
WITNESSETH THE HANDS OF THE PARTIES HERETO THIS THE DAY OF
19
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM
THIS DAY OF l9
CITY ATTORNEY
THE CITY OF CORPUS CHRISTI, TEXAS
BY
HERBERT W. WHITNEY, CITY MANAGER
TOM LAWRENCE, SECOND PARTY
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SECTION 2. THAT THE NECESSITY FOR PROVIDING FOR A GOLF PRO-
FESSIONAL AT SAID MUNICIPAL GOLF GOURSE AND MAKING AND ENTERING INTO A
CONTRACT IMMEDIATELY FOR THE OPERATION OF SAID MUNICIPAL GOLF COURSE AND ITS
CONCESSIONS, PROFITABLE TO THE CITY OF CORPUS CHRISTI AND AS A PUBLIC SERVICE
AS A PART OF THE PARK AND RECREATIONAL PROGRESS OF THE CITY OF CORPUS CHRISTI,
CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE 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 SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE
NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED,
AND 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.
PASSED AND APPROVED THIS THE DAY OF NOVEMBER, 1962.
MAYOR
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY %-
APPROVED AS TO LEGAL FORM:
Ay' ?CITY ATTORNEY
•
TEXAS
CORPUS CHRISTI
/ T DAY OF d, '19 X�_
I
TO THE MEMBERS OF THE CITY COUNCIL '
CORPUS CHRISTI, TEXAS r
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
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; 1', THEREFORES 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.
s.
RESPECTFULLY,
MAYOR /f
THE CITY OF CORPUS C IHR 5T18TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
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BEN F. MCDONALD / p
TOM R. SWANTNER
DR. JAMES L. BARNARD/-
Jose R. DELEON �— f
M. P. MALDONADO ✓ L {�
W. J. ROBERTS
j JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW19 VOTE:
j BEN F. MCDONALD R-11A.
TOM R. SWANTNER
• DR. JAMES L. BARNARD C1 G,
JOSE R. DELEON
`{ M. P. MALDONADO I/ p
P, -• f _ W. J. ROBERTS
/x. JAMES H. YO urdc .�
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