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Home My WebLink About08413 ORD - 04/05/1967- � VMP:3/27/67 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 H. E. BUTT GROCERY COMPANY THROUGH W. F. McCROSKY, SECRETARY, DBA H. E. BUTT GROCERY STORE NO. 12, LOCATED AT 5714 WEBER ROAD, CORPUS CHRISTI, NUECES COUNTY, TEXAS, APPOINTING 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 SER- ICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING APRIL 3, 1967, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE APPOINT- EES HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED HEREIN, 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 H. E. BUTT G'R'OCERY COMPANY THROUGH W. F. MCCROSKY, SECRETARY, DOING BUSINESS AT 5714 WEBER ROAD, IN THE CITY OF CORPUS CHRISTI, TEXAS, AS H. E. BUTT GROCERY STORE N0. 12, 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 APRIL 3, 1967, 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 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 8413 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 r PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 0� DAY OF 1967. ATTEST: c TA APPROVED ASPTO LEGAL FORM '(3i'iS DAY 222i OF MARCH, 1967: 2 CITY ATTORIJE� THE CITY OF CORPUS CHRISTI, TEXAS THIS MEMORANDUM OF AGREEMENT BET4EEN THE CITY OF CORPUS CHRISTI, TEXAS A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS "CITY" AND H. E. BUTT GROCERY COMPANY THROUGH W. F. McCROSKY, SECRETARY DBA H. E. BUTT GROCERY STORE #12 HEREINAFTER REFERRED TO AS "AGENT" W I T N E S S E T H: 1. CITY HEREBY APPOINTS AGENT AS ITS LIMITED AGENT FOR THE SOLE PURPOSE OF ACCEPTING, AT THE STORE OF AGENT LOCATED AT 5714 WEBER ROAD CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND DOING BUSINESS AS H. E. BUTT GROCERY STORE NO. 12, PAYMENT OF BILLS OWEU TO CITY FOR WATER, GAS, SEWER AND GARBAGE SERVICE, SUCH APPOINTMENT TO BECOME EFFECTIVE THE 3RD DAY OF APRIL, 1967, AND TO CONTINUE UNTIL TERMINATED AS HEREIN PROVIDED. AGENT HEREBY ACCEPTS SAID APPOINTMENT, AND IN CONSIDERATION THEREOF AND OF THE COMPENSATION TO BE PAID, AS HEREINAFTER SET OUT, AGREES TO FAITHFULLY PERFORM HIS DUTIES AS SUCH LIMITED AGENT, IN ACCORDANCE WITH THE RULES AND INSTRUCTION ISSUED BY CITY FOR THE OPERATION OF SUCH LIMITED AGENCIES, KNOWN AS "PAY STATION ". CONTEMPORANEOUSLY WITH THE EXECUTING OF THIS AGREEMENT, AGENT HAS RECEIVED A COPY OF SUCH RULES AND INSTRUCTIONS AND HE AGREES TO FAMILIARIZE HIMSELF AND COMPLY FULLY AND EXACTLY WITH THE SAME. SUCH RULES AND INSTRUCTIONS MAY BE CHANGED AT ANY TIME BY THE CITY, AND AGENT AGREES THAT UPON BEING FURNISHED WITH A COPY SHOWING SUCH CHANGES, HE WILL IMMEDIATELY FAMIL!ARIZE HIMSELF AND THEREAFTER COMPLY FULLY AND EXACTLY THEREWITH. 2. AS COMPENSATION FOR THE FAITHFUL PERFOR14ANCE OF HIS DUTIES AS SUCH AGENT, CITY HEREBY AGREES TO PAY AGENT ON THE FOLLOWING BASIS: 7 1/2{- PER BILL FOR THE FIRST 4OO BILLS COLLECTED. 5¢ PER BILL FOR THE NEXT 200 BILLS COLLECTED. 30 PER BILL FOR THE NEXT 200 BILLS COLLECTED. 20 PER BILL FOR THE NEXT 200 BILLS COLLECTED. 1¢ PER BILL FOR THE NEXT AND ALL REMAINING BILLS COLLECTED. PAYMENT OF THIS FEE WILL BE MADE BY CITY ON OR ABOUT THE TENTH OF EACH MONTH FOLLOWING THAT MONTH IN WHICH COLLECTIONS WERE MADE. 3. THE EQUIPMENT NECESSARY FOR THE PERFORMANCE BY AGENT OF HIS DUTIES HEREUNDER, AS SET OUT IN THE RULES AND REGULATIONS MENTIONED ABOVE, WILL BE FURNISHED BY CITY AND THE SAME WILL AT ALL TIMES REMAIN THE PRO- PERTY OF CITY, TO BE RETURNED TO IT BY AGENT UPON THE TERMINATION OF THIS AGREEMENT IN AS GOOD CONDITION 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 INCIDENT THERETO. 5. AGENT AGREES TO FURNISH TO CITY, UPON EXECUT1014 OF THIS AGREEMENT, A SURETY BOND IN THE AMOUNT OF ONE THOUSAND DOLLARS (11000), TO GUARANTEE THE PROPER HANDLING OF FUNDS COLLECTED FOR CITY BY SAID AGENT, SAID BOND TO BE APPROVED BY THE CITY ATTORNEY. 6. 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. I -T IS FURTHER AGREED THAT SHOULD THE AGENT NAMED HEREIN MOVE FROM THE ADDRESS AND LOCATION HEREINABOVE 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 OFFERING TO MAKE PAYMENT OF HIS LACK OF AUTHORITY TO RECEIVE SUCH PAYMENTS AND WILL REFRAIN FROM ACCEPTING ANY PAYMENT AS AGENT OF THE CITY. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF MARCH, 1967: ITY ATTORNEY CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY, CITY MANAGER H. E. BUTT GROCERY COMPANY ATTEST: BY "AGENT" 0 . - 1�1. . . 0 CORPUS CHRISTI, /TEXAS _l DAY OF /�,;�QJ/ f 19�1I , TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, M 0 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT GABE LOZANO, SR. KEN MCDANIEL P. JIMENEZ, JR., M.D. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT GABE LOZANO, SR. KEN MCDANIEL P. JIMENEZ, JR., M.D.