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HomeMy WebLinkAbout07944 ORD - 03/16/19667 Baw:3/14/66 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 , LOCATED AT 3737 LEOPARD SfREMO LAWN SHOPPING CENTER, CORPUS CHRISTI, NUECES COUNTY, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAY- MENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING MARCH 21, 19 UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE APPOINTEES HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED HEREIN, ALL IN ACCORDANCE WITH 3 SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PARTIHEREOF; 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 3737 LEOPARD STREET, IN THE CITY OF CORPUS CHRISTI, TEXAS, AS HANDY ANDY STORE #44, 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 TOITS DEPART- MENT OF PUBLIC UTIL_ITIESy BEGINNING MARCH 21, 1966) 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. f 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 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 ORDINANCE OR RESOLUTION SHALL BE READ AT THREE k 794:1 ' ,� SEVERAL MEETINGS OF THE CITY COUNCIL AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT 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 PASSAGES IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MARCH, 1966. 9 ATTEST.,--\ CITY SECRETAR YOR plp.tem THE CITY OF CORPUS CHRISTI, TEXAS APPR D AS TO GAL FORM THIS J OV DAY OF MARCH, 1966: �� zc CITY ATTORNEY s BJW.6/15/66 THIS KM{ORANDUM OF.AGREEMENT BETWEEN-THEwCITY OF CORPUS CHRISTI, TEXAS :A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO - AS "CITY" _ AND' HANDY ANDY INCORPORATED 'DDA HANDY ANDY STORE /IFIF HEREINAFTER, REFERRED TO AS "AGENT" - - s• WiTNESSETH• ,., 1.� CITY HEREBY APPOINTS A•GEN7- AS ITS LIMITED AGENT •00h' THE SOLE _ n PURPOSE OF-ACCEPTING, AT THE STORE OF -AGENT LOCATED-AT 3737 LqPARD, CORPUS', CHR133T1'j TEXAS, AND.DOING BUSINESS'AS HANDY ANDY STORE 144, PAYMENT OF BILLS' OWED TO CITY 'FOR WATERy GAS, SEWER -AND GARBAGE SERVICE, SUCH APPOINTMENT T0. BECOME.EFFECTIVE THfi'213T DAY OF MARL,, •1966, }AND 10 CONTINUE UNTIL TERM- - NATED•A6- HEREIN PROVIDED, AGENT HEREBY ACCEPTS SAID APPOINTMENT$' AND IN a " - CONSIDERATION THEREOF AND OF•.THE COMPENSATION -TO BE PAID, A9.HEREINAFTER- SET OUT" AGREES TO FAITHFULLY PERFORM HIS'DUTIES AS SUCH LIMITED - AGENT, IN P ACCORDANCE WITH THE RULES AND INSTRUCTION ISSUED BYCITY•kOR 'THE OPERATOR ` OF SUCH LIMITED AGENCIES', KNOWN AS "PAY STATION". CONTEMPORANEOUSLY WITH • THE EXECUTING OF THIS AGREEMENT,'-AGENT HAS RECEIVED A,COPY OF 3UCH'RULE6 AND INSTRUCTIONS•AND HE AGREES iO;FAMIL1ARIZE HIMSELF AND COMPLY FULLY.AND EXACTLY WITH 'THESAME. SUCH RULES AND- JNSTRUCTIONS MAY BE CHANGED AT ANY - y _ TONE -BY, THE CITY] 'AND AGENT AGREES' THAT - UPON -BEING FURNISHED WITH A COPY • " !SHOWING :'iUCH CHANGES, HE WILL IMMEDIATELY FAMILIARI2E,HIMSELF AND THEREAFTER { COMPLY TULLY•AND EXACTLY THEREWITH. f- " 2: AS COMPENSATION FOR THE FAITHFUL PERFORMANCE OF HIS DUTIES - AS SUCH AGENT, CITY HEREBY AGREES TO PAY AGENT ON.THE FGLLOWING BANS: ' 7 1/20P ER BILL 'FOR THE FIRST 400 BILLS COLLECTED. - - + 50 PER BILL, FOR,THE NEXT 200 BILLS'COLLECTED. 3¢ PER BILL FOR•THE NEXT _200 BILLS' COLLECTED. - - 20 PER BILL- FOR,THE NEXT ZOO BILLS COLLECTED: ,10,PER BILL FOR THE NEXT AND ALL REMAINING ®IL�S,COCLECTED. ", ' PAYMENT OF THIS FEE WILL'BE MADE BY CITY ON''OR ABOUT THE ,TENTH a� OF EACH MONTH FOLLOWING THAT )MONTH IN WHICH COLLECTIONS WERE MADE. 3 THE EQUI;PMENT�NECESSARY FOR THE PERFORMANC,E'BY.AGENT OF HIS DUTIES HEREUNDER, 'A9 SET OUT'-1N THE . 'RULES AND'OEGULATI6143 MENTIONED ABOVEA - •WIL'L.5E'FURNISHE& BY CITY AND THE SAME WILI''AT,ALL TIMES REMAIN THE PROPERTY. ` OF -CITYj'TO BE -RETURNED TO if BY AGENT UPON THE THRMINATION, OF THIS AGREE -" MENT IN XS GOOD CONDITION AS WHEN RECEIVED'j' ORDINARY WEAR- ANO'TEAR EXCEPTED._, AGREES:TO PROVIDE ANY INSURANCE GOVERAOE,MADE NECESSARY ' BY THIS AGREEMENT AND OPERATIONS HEREUNDER 'AND TO PAY_ ALL'P,REMIUMS'INCIDENT .THERETO. - ••c. - - ,. 5. AGENT AGREES' TO, FURNISH TO CITY] UPON EXECUTION OF'THIS AGREE MENT� -A SURETY '60N0_ IN THE AMOUNT OF ONE THOUSAND DOLLARS .,t''I jp0D.00)',a TO -' 3 GUARANTEE -THE .PROPER HANDLING OF.FUNDS, COLLECTED FOR. CITY AY SAI'D_AGCNT,53AID , BOND TO 6E``APP -4OVES BY THE CITY 'ATTORNEY.'• •. - - - 'THIS AOREEMENT,'MAY SE'TERMINATED IMMEDIATELY BY CITY UPON A- BREACH OF• 'AG ENT OF'-ANY OF THE TERMS AND CONDITIONS HEREOF,, OR FAILURE OF + , AGENT TO COMPLY FULLY LATH THE RULES' AND INSTRUCTIONS ;IIEREINABOYE'REFERAED TO.' SAID AGREENENTNIYM1FURTNER- BETERMIHA°fED BY EITHER;PARTY,NITHOUT CAUSE`~ i.,. pY GI,VIMO THE "OTHER,-- rKiRTY•t3Oj, DAYS-WRITTEN•NOTILE-�OF -SUCH TERM I14T_IOH, IT > -IS FURTHER' AGREED THAT SHOULD THE AGENT NAMED HEREIN NOVE,FROM THEE ADDRESS ANOIOCAT40N, yH ERE1NABOVE; 3ET, -OUT -THAT`•SUCH REkOVAI'SHALL AUTOMATICALLY TERMI- _ •• NA7E THIi AGREEMENT. IN•THE EVENT'OF ANY'TERMINATION OF THIS'AQREEMENT,•_ ri r -AGENT AGREES_ THAT HE MILL'NOT.IFY ALL PERSONS OFFERING - TO MANE,PAYMENT OF'- HIS LACK OF AUTHORITY TOVRECEI,VE SUCH`PAYNENTS AND WjLL REFRAIN FROM ACCEPT INQ ANY PAYMENT AS,AQENT OF THE' CITY. 'r - + " CITY- OF CORPUS CHRISTI r_ ATTEST: r ' ' }• .z 1 gY ^ - - f ChTY- MANAGER' - CITY SECRETARY • „C1TY" APPROVED AS TO LEGAL FORM THI'S THE .DAY OF 14 cHs..1966. ITY'ATTORNEY ' - - HANDY ANDY INCORPORATED BY y �;• a "AGENT" ` 1z r f � J CORPUS CHRISTI, TEXAS f/� J6 DAY OF J n a,7 E 7Cl 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, YOR +la•ler► THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON I/ // (�'.� I PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL IV - RONNIE SIZEMORE WM. H. WALLACE�P O THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON zI / v PATRICK J. DUNNE ✓/" icy. DR. P. JIMENEZ, JR. I Al KEN MCDAN I EL ` /✓ RONNIE SIZEMORE x� . WM. H. WALLACE O