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Home My WebLink About09785 ORD - 06/03/1970JRR:B,IW :6/2/70 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH HENRY SANCHEZ FOR THE PRIVILEGE OF USING CITY SIDEWALK FOR THE OPERATION OF A MINIATURE TRAIN FROM EMERALD COVE BEACH TO LAWRENCE STREET T -HEAD AND CITY BARGE DOCK ON THE TERMS SET OUT IN AGREEMENT ATTACHED AND MADE A PART HEREOF; AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH HENRY SANCHEZ, FOR THE PRIVILEGE OF USING CITY SIDEWALK FOR THE OPERATION OF A MINIATURE TRAIN FROM EMERALD COVE BEACH TO LAWRENCE STREET T -HEAD AND CITY BARGE DOCK, FOR A TERM OF ONE YEAR, ON THE TERMS SET OUT IN AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT THE TOURIST SEASON IS BEGINNING AND IT WILL BE ADVANTAGEOUS TO TOURISTS AND TO THE INHABITANTS OF THE CITY TO HAVE A MINIATURE TRAIN SERVICE OPERATIVE ALONG SHORELINE DRIVE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE PROVIDING 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 SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDI- NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE &A.J� DAY OF JUNE, 1970. A TTE ST: CIT SECRET RY APPROVED: DAY OF JU , 1970: CTING CITY TT Y OR HE CITY OF CORPUS CHRISTI, TEXAS 9785 IMS:BJW:6/1/70 THE STATE OF TEXAS i , COUNTY OF NUECES I KNOW ALL PEN BY THESE PRESENTS: THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTIs A MUNICIPAL CORPORATION LOCATED IN NUECES COUNTY, TEXAS HEREINAFTER CALLED CITY' AND HENRY SANCHEZI HEREINAFTER CALLED "PERMITTEe, FOR THE CONCESSIONS USES AND PRIVILEGES AT THE LOCATION STATED FOR A TERM OF ONE YEAR AND UNDER THE TERMS HEREINAFTER PROVIDED: I FOR A MONTHLY RENTAL OF FIVE PERCENT (5 %) OF GROSS INCOME THE PERMITTEE SHALL HAVE THE RIGHT TO CONDUCT THE BUSINESS OF OPERATING A MINIATURE TRAIN FOR HIRE ALONG THE ROUTE AND UNDER THE CONDITIONS HEREIN- AFTER PROVIDED: (1) PERCENTAGE OF GROSS RECEIPTS FOR EACH MONTH SHALL BE CALCU- LATED UPON THE LAST DAY OF EACH CALENDAR MONTH AND PAYMENT MADE WITHIN TEN (l O) DAYS THEREAFTER. (2) THE MINIATURE TRAIN TO BE USED IN THE OPERATIONS PERMISSION FOR WHICH IS HEREIN GRANTED SHALL BE OF THE TYPE ILLUSTRATED AT THE TIME OF MAKING APPLICATION FOR THIS PERMIT. IT SHALL BE EQUIPPED WITH PNEUMATIC TIRES. IT SHALL BE EQUIPPED WITH ALL CURRENT SAFETY DEVICES INCLUDING ADEQUATE BRAKES LIGHTS, TURN SIGNALS AND HORN. THE TRAIN'S ENGINE WILL BE INSPECTED AND CARRY AN APPROVED STATE INSPECTION AUTO STICKER. IT WILL ALSO BE EQUIPPED WITH SOME TYPE OF PASSENGER COMMUNICATION SYSTEMS OPERATED BY THE CONDUCTORS AND WILL INCLUDE A STORY ABOUT THE BAYFRONT WHILE THE TRAIN IS UNDERWAY ON ITS REGULAR ROUTE. THE TRAIN WILL NOT DISPLAY ANY DISTRACTING LIGHTS; AND WILL NOT DISPLAY ANY ADVERTISEMENTS (OTHER THAN THE TRAIN NAME); NOR MAKE ANY NOISE OR SOUNDS TO DISTURB OR DISTRACT THE AUTO- MOBILE TRAFFIC AND/OR THE PUBLIC AND PRIVATE USE OF THE BAYFRONT. (3) THE TRAIN WILL FOLLOW THE SIDEWALK ON THE EAST SIDE OF EAST SHORELINE DRIVE AND WILL TRAVEL ON A ROUTE FROM EMERALD COVE HOLIDAY INN TO THE LAWRENCE STREET T -HEAD AND RETURNS OR TO THE CITY BARGE DOCKS AND RETURN. AT SUCH TIMES AS THE TRAFFIC IS NOT CONGESTED ON THE T -HEAD, THE TRAIN WILL BE PERMITTED TO MAKE THE TOUR OF THE T -HEAD. THE TRAIN SHALL HAVE 'A TOP SPEED OF NOT MORE THAN SIX (6) MILES PER HOUR AND WILL BE OPERATED AT OR ABOUT FOUR (4) MILES PER HOUR. THE TRAIN WILL REDUCE BRAKE SPEED AND PROCEED WITH EXTREME CAUTION IN THE AREAS OF CONGESTED TRAFFIC AND IN AREAS OF PEDESTRIANS AND SHALL YIELD THE RIGHT OF WAY TO TRAFFIC AND PEDESTRIANS. THE TRAIN SHALL CONSIST OF AN ENGINE AND NOT EXCEEDING THREE (3) PASSENGER CARS. THE LENGTH OVERALL SHALL NOT EXCEED 33 FEET AND THE TRAIN WILL NOT EXCEED AN OVERALL WIDTH OF 4 FEET. EACH OF THE PASSENGER CARS SHALL CARRY TEN (10) PASSENGERS. THE TRAIN WILL BE STORED AT NIGHTS OFF OF PUBLIC PROPERTY. THE TURN - AROUND WILL BE ACCOMPLISHED BY UNCOUPLING THE ENGINE FROM THE CAR AND RECOUPLING AT THE OPPOSITE END WHILE THE CARS REMAIN ON THE SIDEWALK AREA. THE SCHEDULE OF FARES TO BE CHARGED SHALL BE SUBMITTED TO THE CITY MANAGER FOR APPROVAL AND FARES SHALL BE CHARGED IN ACCORDANCE WITH SUCH APPROVED SCHEDULE. ALL FARES SHALL BE NONDISCRIMINATORY. THE TRAIN SHALL BE OPERATED DURING SUCH HOURS AS ARE PROVIDED BY SAID APPROVED SCHEDULE OF CHARGES. (4) BEFORE CONDUCTING ANY BUSINESS, THE PERMITTEE SHALL CARRY FOR THE BENEFIT OF THE PUBLIC, NAMING THE CITY AS INSURED, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCES HAVING PROVISIONS HEREIN TO PROTECT THE CITY IN ALL RESPECTS FROM ANY CLAIMS WHICH MIGHT BE PRESENTED BY REASON OF THE OPERA- TION OF THE BUSINESS, THE CONDITION OF THE OPERATING PREMISES THE CONDITION OF THE SIDEWALKS THE CONDITION OF THE MARINA OR THE CONDITION OF THE PROPERTY OF THE PERMITTEE AND SAID INSURANCE SHALL BE EVIDENCED BY CERTIFICATE FUR- NISHED TO THE MARINA SUPERINTENDENT FOR THE FILING WITH THE CITY SECRETARY WITH LIMITS OF $100,000 PER PERSONS AND $300,000 FOR EACH OCCURRENCE OF PER- SONAL INJURY AND $5,000 FOR EACH OCCURRENCE OF PROPERTY DAMAGE. (5) NO ASSIGNMENT OR TRANSFER OF THIS PERMIT SHALL BE MADE WITH- OUT WRITTEN APPROVAL BY THE CITY. THE CITY THROUGH SUCH EMPLOYEE AS DESIG- NATED BY THE CITY MANAGER SHALL HAVE THE RIGHT TO INSPECT ALL RECORDS OF THE PERMITTEE AND ANY ASSIGNEE SO APPROVED BY THE CITY. NO CHANGE IN ROUTE OR COMPOSITION OF THE TRAINS SHALL BE MADE WITHOUT WRITTEN APPROVAL OF THE CITY. (6) THE PERMITTEE HEREBY RELEASES THE CITY FROM ALL DAMAGES AND CLAIMS OF ALL AND ANY SORTS WHETHER TO PERSON OR TO PROPERTY ARISING INCI- DENT TO THE PERMITTEEIS USE OF THE PREMISES OR ARISING DURING THE PERMITTEEIS -2- USE OF THE PREMISES AND AGREES TO HOLD THE CITY HARMLESS FROM ANY DAMAGE SUSTAINED BY PERMITTEE OR BY ANY OF HIS AGENTS, EMPLOYEES OR INVITEES, AND TO INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS FOR SUCH LOSS, DAMAGE OR INJURY. (7) PERMITTEE AGREES THAT HE WILL PROMPTLY EXECUTE AND FULFILL ALL ORDINANCES AND REGULATIONS OF THE STATE, COUNTY, CITY AND OTHER GOVERN- MENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANCES OR REGULA- TIONS IMPOSED BY THE BOARD OF HEALTH, SANITATION AND POLICE DEPARTMENTS OF THE CITY FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN OR UPON OR CONNECTED WITH SAID PROPERTY DURING THE TERM OF THIS PERMIT AT PERMITTEEIS SOLE EXPENSE AND COST. (8) NO ASSENT, EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACH OF ANY OF PERMITTEEIS COVENANTS, AGREEMENTS, CONDITIONS OR TERMS HEREOF SHALL BE DEEMED OR TAKEN TO BE A WAIVER OF ANY SUCCEEDING BREACH OF ANY COVENANT, AGREEMENT, CONDITION OR TERM HEREOF. (9) IT SHALL BE THE DUTY OF THE PERMITTEE TO FILE WITH THE DIRECTOR OF FINANCE OF THE CITY OF CORPUS CHRISTI, A SWORN STATEMENT SHOWING ALL RECEIPTS OF SAID PERMITTEE, WHICH SAID VERIFIED STATEMENT SHALL BE FILED WITHIN TEN (10) DAYS FOLLOWING THE END OF THE ACCOUNT MONTH. THE PERMITTEE SHALL INSTALL AND KEEP AN ADEQUATE SYSTEM OF BOOKKEEPING TO BE APPROVED BY THE DIRECTOR OF FINANCE OF THE CITY; WHICH BOOKS SHALL BE SUBJECT TO INSPEC- TION BY THE GOVERNING BODY OF THE CITY AND/OR ANY PERSON OR PERSONS THE CITY MAY DESIGNATE, SO AS TO ENABLE THE CITY TO CHECK THE CORRECTNESS OF THE ACCOUNTS KEPT AND THE AMOUNT OF GROSS RECEIPTS, FEE OR CHARGE DUE BY VIRTUE HEREOF. (10) THE CITY SHALL HAVE A STATUTORY LANDLORD'S LIEN AND IN ADDI- TION IT HEREBY IS GIVEN AN EXPRESS LANDLORD'S LIEN AS SECURITY FOR THE FIXED RENT HEREIN RESERVED AS WELL AS ANY OTHER CHARGES OR EXPENSES ELSE- WHERE HEREINABOVE OR HEREINAFTER DESIGNATED AS ADDITIONAL RENT UPON ALL THE GOODS, WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS, MACHINERY AND OTHER PERSONAL PROPERTY WHICH PERMITTEE NOW OR AT ANY TIME HEREAFTER PLACES IN OR UPON SAID PROPERTY, ALL EXEMPTIONS OF SAID PROPERTY OR ANY PART OF IT BEING HEREBY WAIVED. -3- WITNESS OUR HANDS THIS THE DAY OF JUNE, 1970, IN DUPLICATE ORIGINALS, EACH OF WHICH 13 TO BE CONSIDERED AS AN ORIGINAL, THE ABOVE DATE BEING THE COMMENCEMENT OF THE ONE -YEAR TERM ABOVEMENTIONED. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND APPROVED: CITY MANAGER i_ DAY OF JUNE, 1970: ACTING CITY A 'ORNEY HENRY SANCHEZ Corpus Christi Texas ' day of 19To 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; 1, 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, 1 OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick'Bradlev, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the f Jack R. Blackmon�f e— Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ''Wrangler" Roberts r Ronnie Sizemore e� Y: