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
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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
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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.
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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
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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