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HomeMy WebLinkAbout10998 ORD - 07/26/1972JRR:jkh:7- 26 -72; 2nd AN ORDINANCE GRANTING TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, A FRANCHISE TO CONSTRUCT, ERECT AND MAIN- TAIN FOR A PERIOD OF FIVE YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES IN THE CITY OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND EMPLOY THE STREETSIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR PAYMENT OF A PERCENT OF THE GROSS RECEIPTS TO THE CITY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID BENCHES; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY AND GRANTEE AND THE PUBLIC; CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGN- MENT OF SAME, SAID FRANCHISE NOT TO BE EXCLUSIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. There is hereby granted to Eli Abrams, dba Courtesy Advertising Company, his heirs and assigns, for a period of five (5) years beginning the 1st day of June, 1972, the right and authority to construct, erect and maintain a maximum number of locations to be determined by the Traffic Engineer of the City of Corpus Christi and to be designated as hereinafter provided benches for the use and accommodation of the patrons and users of buses and other public conveyances, and to use and employ the street side of the backs of said benches for advertising sold by the Grantee hereof to persons, firms, corporations and the public generally. The number of benches authorized herein shall in no event exceed 500. SECTION 2. The benches constructed, erected, maintained and furnished by Grantee shall be substantially, durably and attractively con- structed of concrete base and sides; of wooden or plastic seats and backs, and secured by metal strips and bolts, in a durable and safe manner, and shall be maintained by Grantee at all times in such condition that the same shall not constitute a menace to the safety and well -being of any person. Grantee shall cause grass and weeds to be kept from around the benches at any place where grass or weeds grow too close to the benches for the same to be cut by any lawn mower or cutting machines that may be operated at that point by the City or any property owner. All benches shall be identified by number and the location of each bench shall at all times be in accordance with the approval of the City Manager or the,Director of Traffic Engineering -10998 of the City of Corpus Christi, Texas. SECTION 3. As compensation for this franchise and for the use of public property herein contemplated to be used, the Grantee shall pay to the City of Corpus Christi the sum of ten percent (10 %) of each month's gross receipts received for advertising located on the said benches. The Grantee shall file with the Director of Finance on or before the 10th day of the following month a sworn statement showing all receipts of the preceding month received by the Grantee for advertising on said benches. In addition, during each June after 1972, at the end of each 12 -month period Grantee shall provide a sworn statement indicating the maximum number of benches authorized at any time during the year, the gross receipts for the year, and the amount of the 10 percent paid to the City. In the event a minimum amount of $5.00 guarantee per bench based on the maximum number of benches installed at any one time duffing the year exceeds the amount previously paid to the City, Grantee shall make an additional payment equal to the difference between the amount previously paid and the minimum guarantee. The Grantee shall pay to the City of Corpus Christi the required amounts at the time of filing the said sworn statements. The Grantee shall maintain adequate records and an adequate system of bookkeeping which shall be subject to audit by the Director of Finance so as to enable the City to check the correctness of the accounts kept and the amount of money due to the City under the terms of this franchise. SECTION 4. The benches shall be placed at locations of bus stops, on the routes of buses and other public conveyances in the area between the street and sidewalk, as determined by the Traffic Engineer. Such benches shall not be placed at any other location and in particular shall not be placed at any location where they may constitute a hazard to safety or an impediment to traffic. In no event shall any bench be placed closer than two feet (2') from the back of the curb to the front edge of the bench. The benches shall be placed so that the angle of the bench to the street will not exceed 45 °. Grantee shall furnish to the City Manager and /or the Director of Traffic Engineering of the City of Corpus Christi, a list of locations which shall be subject to the approval of the City Manager and /or the Director of Traffic Engineering as to each location. No bench or benches shall be -2- constructed or maintained at any location without the written consent of the adjacent property owner, and until the location thereof shall have been approved by the City Manager and /or the Director of Traffic Engineering. Grantee shall furnish to the City Manager and /or the Director of Traffic Engineering of the City of Corpus Christi, a list of locations which shall be subject to the approval of the City Manager and /or the Director of Traffic Engineering as to each location. No bench or benches shall be con- structed or maintained at any location without the written consent of the adjacent property owner, and until the location thereof shall have been approved by the City Manager and /or the Director of Traffic Engineering. After any bench or benches are placed at any location, the City of Corpus Christi shall have the right to cause same to be removed by Grantee on 30 -days written notice, with or without cause. SECTION 5. At any time during the franchise period or upon termi- nation of this franchise and of any extension or extensions thereof, the said benches of Grantee situated in and upon the streets, avenues and other public places shall, at the option of and upon the payment by the City of Corpus Christi to Grantee of a fair valuation therefor, be and become the property of the City of Corpus Christi. Purchase of such benches by City shall automatically terminate this franchise. The said fair valuation payable by the City of Corpus Christi to Grantee shall be ascertained by the arbitration and appraisement of a majority of three appraisers, one of whom shall be appointed by the City of Corpus Christi, one of whom shall be appointed by the Grantee, and one of whom shall be designated by the first two appraisers so appointed by the City and Grantee. If said two appraisers shall be unable to agree upon the designation of a third appraiser, or if the City or Grantee shall refuse within a period of thirty days after notice to appoint or designate an appraiser, the Judge of Nueces County, Texas, shall designate such appraisers. The valuation so fixed by a majority of said three appraisers shall not include any payment of valuation becuase of any value derived from the franchise or the fact that it is or may be a going concern duly installed and operating. -3- If at the end of the franchise period the City Council of the City of Corpus Christi shall not desire to acquire the said benches and property by the payment of a fair valuation therefor, then and in that event the said benches shall be removed from said locations by said Grantee herein without cost or expense to the City of Corpus Christi, and the surfaces where said benches were located shall be fully restored to their former condi- tion. SECTION 6. The advertisements placed and maintained upon said benches by Grantee shall not include advertisements of alcoholic beverages or of businesses or establishments whose principal business is the manufac- ture, sale or handling of alcoholic beverages. The face of the advertise- ment shall in no event exceed 2' x 6'. SECTION 7. The Collection Section of the Finance Department of the City of Corpus Christi is hereby designated as the proper office to receive payments for and on behalf of the City of Corpus Christi, Texas. SECTION 8. Substantial failure of the Grantee to comply with the terms and conditions of this franchise ordinance shall constitute adequate grounds for the forfeiture of this grant after fifteen (15) da3s written notice and hearing to Grantee. SECTION 9. The Grantee herein shall indicate in writing his acceptance of the provisions of this ordinance within ninety (90) days after the final passage thereof. SECTION 10. Grantee shall file with the City Secretary of the City of Corpus Christi, before the placing of any benches at any location, a Policy of public liability insurance issued by a casualty insurance company authorized to do business in the State of Texas, insuring Grantee and the City of Corpus Christi, as liability exists under the law, against liability for damages incurred by any person, firm or corporation by reason of the construction, maintenance, location and existence of said benches with limits of $10,000 liability to one person and $20,000 liability for one entire accident, which policy shall indemnify and save harmless both Grantee and the City of Corpus Christi, Texas. SECTION 11. If any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional -4- by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provi- sion of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 12. This franchise may be assigned only with the written consent and approval of the governing body of the City, but said franchise shall be binding upon the parties hereto as well as their successors and assigns. SECTION 13. This franchise shall in no wise be construed to be exclusive and shall not be construed as granting to Grantee any exclusive right or privilege. THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF , 19 , BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF , -�9 , BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL RCBERTO BOSQDEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINAL.LYVOON THIS THE DAY OF , �9 BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ' ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, $R. J. HOWARD STARK PASSED AND APPROVED, THIS THE AY of ATTEST: vm O o CITY SECRETARY MAYOR THE CITY 0 CORP S RIST1, TEXAS APP V D: DAY F , 19 % ,Z Crfy ATT N Y THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS READING ON THIS TILE DAY OF , j9�Z, BY THE FOLLOWING NG VOTE: RONNIE SIZEMORE /x,QJ2q� CHARLES A. BONNIWELL ROBERTO BosquEz, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. J. HOWARD STARK —� —_ THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TINE AND PASSED TO ITS THIRD READING ON THIS THE AgtR,,DAY OF , BY THE FOLLOWING VOTE: BONNIE $IZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUE Z, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. �,c... J. HOWARD STARK ��^--'- THAT THE FORA /AGO /yNG ORDINA E WAS EAD FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE //1, /� DAY OF 7 , BY THE FOLLOWING VOTE: RONNIIE SIZE RE / CHARLES A. BONNIWELL ✓ ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. {� J. HOWARD STARK PASSED AND APPROVED, THIS THE DAY OF , t9_ 2,:_, ATTEST: CITY SECRETARY v � O i THE CITY OF APPROVED: ll L Z DAY,OF ;I_ A rNEY STI, TEXAS M O T I O N — /Y-a.r-c —ved that the ordinance captioned EXTENDING THE BENCH FRANCHISE GRANTED TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, BY ORDINANCE NO. 8046 AND EXTENDED BY ORDINANCE 8565, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING JUNE 1, 1972, AND ENDING MAY 31, 1977; CONTINUING IN EFFECT THE SAID FRANCHISE HERETOFORE GRANTED be amended to read as attached. Seconded by °2- 4� ,t- ��,- -� JRR:m1:6- 16- 72;lst AN ORDINANCE EXTENDING THE BENCH FRANCHISE GRANTED TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, BY ORDINANCE NO. 8046 AND EXTENDED BY ORDINANCE 8565, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING JUNE 1, 1972, AND ENDING MAY 31, 1977; CONTINUING IN EFFECT THE SAID FRANCHISE HERETOFORE GRANTED: BE IT ORDAINED BY THE CITY COUNCIL OF THE -CITY OF CORPUS CHRISTI, TEXAS: + SECTION 1. The bench franchise granted to Eli Abrams,,DBA Courtesy Advertising Company, by Ordinance No. 8046 and ,extended by Ordinance 8565, for a period of five (5) years, beginning +June 1, 1972, and ending May 31, 1977. SECTION 2. The franchise as granted by Ordinance No. 8046 shall continue in effect. J. 10998