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HomeMy WebLinkAbout07336 ORD - 08/26/1964BUW:8/21/64 - 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 HANDY ANDY INCORPORATED, DBA HANDY ANDY STORE #43, LOCATED'AT 4024 WEBER ROAD, CORPUS CHRISTI, NUECES COUNTY, TEXAS, APPOINT- ING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PUR- POSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING SEPTEMBER 1, 1964, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE APPOINTEES HERE- IN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED HEREIN, ALL IN ACCORDANCE WITH SAID AGREE- MENT, 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 HANDY ANDY INCORPORATED, DOING BUSINESS AT 4024 WEBER ROAD, IN THE CITY OF CORPUS CHRISTI, TEXAS, AS HANDY ANDY STORE #43, 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 SEPTEMBER 1, 1964, UNTIL r TERMINATION UPON DEFAULT OR REMOVAL FROM THE PREMISES BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHED- ULED 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 FACILI- TATE 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 IM- PORTANCE 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 ORDINANCE OR RESOLUTION ht- 7336 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 ORDI- NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / p DAY OF AUGUST, 1964. ATTEST: SSS THE CITY OF CORPUS CHRISTI, TEXAS Ca SECRETARY / APPROVED AS TO LEGAL FORM THIS a DAY OF AUGUST, 1964: �: I - CITY ATTORNEY THIS MElw9RANDU9'OF AWR MEKT S &WEEN THE CITY' OF CG'APU5 CHRISTI, TJ XAS A RUN 10PAL CORPORAT IOU, VEAL IWAFUR RMORED ftl . AS• °CITY° AND HAW ANDY INCORPORATED- DOA 44 NOY AHOY STORC 0.43, i1ERE1NEFTEA REFERRtO TO AB,**Gi it W'I T N '3 5 T lI t� CI?Y'Hmsy"APPIlINTs AdtRT•X# .l T; 1.1MtTEA AGENT VON'THt Bi1Lt 4URPOSE OE ACCEPTINdj AT Tar STORd OF AQEMY LPCYTEO'AT 4094 WEBER ROAD,,' CORPug CBIt1STt, TEXAt;g Aid, v01140 1101483 AS. )UNO ANDY STORC X43, FAY- MCHT 9F StLLS OWED T46 CITY TOR WA01t, BAST. S_tV t ANP 061tBAGE $ERYI", AUCH AP►StH1'MENT TO BECbM¢ EFFECTIVC THC 1ST DAY Or 3EPTEMUEA, 194* AND ` TO CONTINUE UNTIL TCRMINATCo A$ HeREiN PRDVIDtO.. AGENT NEktE*Y ACCEPT! SAID' APPOINTHENTj AND IM- CONSIDERATION THERW AMP ;OF THE fiOMAI;I13ATtCH 7n BE PAID,, All NEWRAFTER SET OUTy AGREEl�Tp rAITMFtlLCY PO,NFiiRtl fits UTIE S AS s4CH WHI-TED, AGENT, IN ACCOWAHC4i WITH Ttlj RIFLES AND INSTRUCTfOH ltlivto IIY CITY_FQR THE 'OFE�ATIOM GF SOCH�LIMIlto AGENC10,,., XNvy1N As'PAYr STATION'. „ C6NTEMFORANEOUStY WITR 3HE EAC>:itTtNO AP kTIt15- #4REgt,SEHi•� :1dENT kiAi RSGF {.YEO .. . A COPY Or sup RULES AND IMSTRUCTION11 HE ASR C& TO FA,FIILIARIZC HIMSELF " - - - -• - - -:'' `,• }- i'�•j. AND COMPLY FULLY AND ESAGTLX G }TH THE SA?It,.• 3t1M TitiLiS 1170 INSTIlil�T►ONS HAY Ac CHAHQCQ AT ANY TIME BY THE CITY, AND• AGENT AORCES 'THAT UPON 11E1N3 FUIt 110"CO pt*H A COPY ORIPWING SUCK- tHANGtZ, tit VILL' iNN;DIATtLY FAM(1IARIiE 141MULF ANO THEREAJ<T N COMPLY FULLY AND tXWLY THEAEWITPI " ` '2. As COMPEMsAT'i0ik rgst' �,FAtTHFUL PERFORMANCE OF Ht$ DfiTI><S . AS sUCH AGWr, CttY NFRERY A00419 TO PAY AGENT DH THE FOLLiiW(Nti 6AS161 -7 1%2¢ Pi`R Gila, FOR'THIt FIRST UO PILLS OLLE'CTED PER 814L'F•OR THt N6 %'i` 200 BILLS' COLLECTED, • - - 30 PER HILL FOR THE NExi $00 IttL(t COLLECTED, 20 PER BILL FON THi' NVXt 200 BI LLS L`tlLl LCTtD. 10 PIER a1Lt. FOR THE IIEXi AND 'ALL RE1491NINta *ILL$ COLtECTEO. ' PAYNRNT OP THIS FEE, WILL -_WE 11ADt BY CITY ON ON ABOUT THE T #NTH • OF EACH MONTH FOLLOWIWR'THAT MONTH 10 VffICH CdLLF"IONS WCRr MADE. - - -3. THE EQUIPMENT NECESSARY FOR THE PERFORMANCE iY AGENT OF HIS ,- ` DUTIES HEREUNDER, AS SET OUT IN THE RULES AND REGULATIQN$ MENTIONED ABOVE, - -WILL lit •FURNISHED BY•CITY AND.THE SAME WILL AT ALL TIMES REMAIN THE PRO PERTY OF 'C I TY,• TO BE RETU$NEO.TOtIT $Y AGENT UPON THE TERMINATION, OF THIS , 'AGREEMENT IN AStGOOD'CONDITIDN AS WHEN RECEIVED, ORDINARY WEAR AND TEAR - EXCEPTED. - 4.• CITY AGREES TO PROVIDE ANY INSURANCE COVERAGE 'MADE NECESSARY BY THIS AGREEMENT AND OPERATIONS HEREUNDER AND TO PAY ALL PREMIUMS'INCIOENT ' THERETO. • -�, AGENT AGREES TO FURNISH TO CITY,-UPON- EXECUTION OF THIS AGREEMENT, -A SURETY BOND IN THE AMOUNT OF ONE THOUSAND DOLLARS (p 000.00),_- ..To GUARANTEE THE PROPER HANDLING OF FUNDS' COLLECTED FOR.CITYr13Y SAID AGENT, - ` SAID BOND LTO BE APPROVED BY THE CITY ATTORNEY. R .. - � ,THIS AGREEMENT MAY BE TERMINATED IMMEDIATELY BY CITY UPON A - BREACH OF AGENT OF ANY OF THE TERMS AND CONDITIONS HEREOF,'OR. FAILURE*OF' ' " AGENT TO COMPLY FULLY WITH THE RULES AND INSTRUCTIONS HEREINABOVE REFERRED TO. SAID AGREEMENT MAY FURTHER'BE TERMINATED BY EITHER PARTY WITHOUT CAUSE '- - BY GIVING THE OTHER THIRTY (30)_' DAYS WRITTEN NOTICE OF SUCH TERMINATION. IT IS FURTHER AGREED THAT SHOULD _THE AGENT NAMED HEREIN MOVE FROM THE ADDRESS AND LOCATION NEREINABOVE SET,OUT THAT SUCH REMOVAL SHALL -AUTO- �,MATICALLY TERMINATE THIS AGREEMENT. IN THE EVENT OF ANY TERMINATION OF • ;THIS AGREEMENT, AGENT AGREES THAT HE WILL NOTIFY ALL PERSONS OFFERINGITO ' MAKE.PAYMENT OF HIS LACK 'OF AUTHORITY TO RECEIVE SUCH PAYMENTS AND 14ILL - REFRAIN FROM ACCEPTING ANY PAYMENT AS AGENT OF THE CITY: - - CITY OF CORPUS 'CHRISTI AT EST: SY t -,.CITY MANAGER,-,,.- 'CITY' ITY SECRETARY APPROVED AS TO LOAL'FORM THIS THE DAY OF AUGUST, 1964- -• CITY ATTORNEY .HANDY ANDY INCORPORATED ATTEST:` BY ` "AGENT* CORPUS CHRISTI, TEXAS F /// DAY OF V , 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 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 INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING,VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.