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HomeMy WebLinkAbout11999 ORD - 04/10/1974JRR:jkh:4- 10 -74; 1st
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE -YEAR
CONTRACT WITH THE CORPUS CHRISTI TOURIST BUREAU FOR
TOURIST AND CONVENTION ADVERTISING AND PROMOTION, ALL
AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A "; AUTHORIZING THE CITY MANAGER TO EXECUTE A WAIVER OF
CONTRACT TERMINATION NOTICE AGREEMENT WITH THE CORPUS
CHRISTI CHAMBER OF COMMERCE, A COPY OF WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B "; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he-is hereby authorized and
directed to execute a new contract on behalf of the City of Corpus Christi
with the Corpus Christi Area Tourist Bureau for tourist and convention adver-
tising and promotion for a five -year term, all as more fully set forth in the
contract, a copy of which is attached hereto and made a part hereof, marked
Exhibit "A ", and a Waiver of Contract Termination Notice Agreement with the
Corpus Christi Chamber of Commerce, annexed hereto and incorporated herein
as Exhibit "B ".
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by.final judgment of a court of competent jurisidction it
shall not affect any other sections paragraph, subdivision, clause, phrase,
word or provision 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 3. The necessity to execute the contract and waiver of
contract termination notice agreement hereinabove provided 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 but that such ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having declared
such emergency and necessity to exist, and having requested the suspension of
11999
the Charter rule 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 passage, IT IS ACCORDINGLY SO ORDAINED, this the�� of April, 1974.
ATTEST-
"A76OVED:
YOR
THE CITY OF C ORPUS CHRISTI, TEXAS
, .
NJ 051 'City
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City of Corpus Christi, a municipal
corporation and body politic under the laws of the State of
Texas, hereinafter called the "City", desires to attract'
more tourists and conventioners to Corpus Christi; and
WHEREAS, City benefits both indirectly, through more
economic activity, and directly, by increased sales tax and
hotel and motel occupancy tax income developed by such tourists
and conventioners to the interest of the public welfare; and
WHEREAS, the Corpus Christi Area Convention and Tourist
Bureau, hereinafter called "Tourist Bureau ", has personnel
who are trained and experienced in the field of tourist and
convention promotion, and has been carrying out a service pro-
gram to help insure that tourists and conventions return to
Corpus Christi after thek initial visit, and other programs
to stimulate and increase economic activity in the City:
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the following contract is agreed to between
the parties hereto:
A. Tourist Bureau agrees:
1. To provide professional services to the City
through advertising and promotion of additional tourist and
convention traffic to the Corpus Christi area, and to assist
in creating conditions which will encourage them to return on
other visits and for meetings. Professional services, to be
performed by the Tourist Bureau shall include only the following:
(a) an advertising campaign with State, National and International
coverage to feature the Corpus Christi area as an attractive
region in which to vacation or have conventions or group meetings;
development of literature, maps, folders and other advertising
and promotion material to solicit tourists and conventioners
for this region, and to better inform tourists and conventioners
•
of area attractions when they arrive; (c) creation of movies,
film clips, photographs, color separations and transparencies
to be used for publicity; (d) transportation for members of the
Tourist Bureau staff to various parts of North America in con-
, tacting publishers, film and television producers, editors,
writers, media personalities, travel agents, tour producers,
executives of trade associations and other convention and group
meeting prospects, for the purpose of inducing them to advertise,
publicize and encourage-group movements to Corpus Christi, and
to provide transportation for such people on familiarization
trips so that they may analyze our tourist and convention
assets; (e) direct, telephone, and mail contacts with employees
or officers of groups which may desire to bring a convention to
Corpus Christi; (f) development of brochures describing Corpus
Christi convention facilities; (g) distribution of such conven-
tion brochure through direct mailings; (h) development of
promotional items to be used at various meetings throughout the
t
country to promote conventions coming to Corpus Christi;
(i) development of a visual presentation for use at conventions;
(j) development of a convention bid folder; (k) taking and
development of pictures for association publications and conven-
tion programs; (1) improvement in supporting services to conven-
tions while in Corpus Christi; (m) development of promotional
advertising in convention trade publications; and (n) direct
contacts at conventions elsewhere throughout the state and
country to attract conventions to Corpus Christi.
2. That the tourist and convention promotion and
service activities presently being carried out by the Convention
and Tourist Bureau and by the Corpus Christi Chamber of Commerce
under its contract of October 24, 1968, as amended, with the City
of Corpus Christi will continue at least at their current levels.
3• That the professional services provided under this
contract will be supervised by the Executive Vice - President of
the Tourist Bureau.
&Z
4. The Tourist Bureau agrees that it will record expendi-
tures involved in this program on a monthly basis in separate
accounts, according to the budget approved by the City. Tourist
Bureau will provide an independent audit for such expenditures
indicating expenditures under this contract for each year ending
July 31.
5. The books of account of the Tourist Bureau will be
maintained in a form approved by the Director of Finance of the
City of Corpus Christi and will be available for inspection and
copying by the Director, his duly authorized agents and
representatives, during regular business hours of the Tourist
Bureau.
6. At the end of every quarter after the date hereof
the Tourist Bureau will furnish to City a performance report
of its work under this contract in a form determined by the
City Manager and which shall reflect overall activity, meetings,
conventions and conferences conducted and attended, identity
and amounts of advertising contracts placed, number of personnel
employed and their general duties, and copies of literature
produced as well as a description of direct mailings in the
last quarter, and similar information.
B. City agrees:
1. That for the services performed by Tourist
Bureau hereunder the City will compensate Tourist Bureau in a
total sum not to exceed the unencumbered balance.of Corpus Christi
1973 -1974 Budget Activity 5501, being an originally appropriated
amount of $198,500 for Tourist and Convention Development, for the
period from April 1, 1974 to August 2, 1974. Thereafter and
for the balance of the term of this contract the City Council of
the City of Corpus Christi shall endeavor to appropriate for
the periodic funding of this contract an annual sum of money
-3-
approximating but not in excess of the sum of revenues projected
by the City for the ensuing fiscal year to be collected by the
City from the hotel -motel occupancy tax, Similarly the City
will endeavor to appropriate a like sum in the fiscal years follow-
ing 1974 -1979 during the term of this contract.
That,upon execution hereof, the City will disburse to
the Tourist Bureau a sum equal to one - quarter (1/4) of the
unexpended and uncommitted funds of Corpus Christi 1973 -1974
Budget Activity 5501 Tourist and Convention Development Eel -9 a
43T; including the said pro rata of reappropriated funds therein
for support'of this contract, recognizing current services.
After August 1, 1974, during the term of this contract and
thereafter until its termination, the City will pay to Tourist
Bureau a sum equal to one - twelfth (1/12) of the total unexpended
annual appropriation for this contract to Tourist Bureau for the
services herein engaged on or about the first of each month.
It is understood and agreed that the Tourist Bureau may
copyright, to the use and benefit of the City of Corpus Christi,
any material or document it deems appropriate and qualified for
copyright and may administer said copyrights for the City.
C. The parties further agree:
1. In no event shall the City be liable for any
contracts whatever made by Tourist Bureau with any person, firm,
corporation, association or governmental body, other than City
itself.
2. In no event shall the City be liable for any
damages, injuries, or losses charged to or adjudged against the
Tourist Bureau arising from its operations, use or maintenance
of facilities.
3. This contract constitutes a novation and super-
sedes all other contracts and understandings heretofore made
and had between City and Tourist Bureau.
-4-
•
4. As to the heretofore existing contract between
City and Tourist Bureau both parties hereby waive the 30 -day
notice of termination therein provided.
5. Either party may terminate this contract as of
the last day of any fiscal year upon one years prior written
notice or at any other date designated to be effective after
one years written notice to the other party. Notice shall be
deemed given to commence as of the deposit date in U. S. certified
mail properly stamped for and addressed for delivery to City at
City Hall, Corpus Christi, Texas and, to Tourist Bureau, to 403
North Shoreline, Corpus Christi, Texas.
This contract shall be in force from April 1, 1974 until
March 31, 1979•
If for any reason any section, paragraph, subdivision,
clause,.phrase, word or provision of this contract shall be
held invalid or unconstitutional by final judgment of a court of
competent jurisdiction it shall not affect any other section,
paragraph,'subdivision, clause, phrase, word or provision of
this contract, for it is the definite intent of the parties
hereto that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect
for its purpose.
WITNESS OUR HANDS in duplicate originals at Corpus
Christi, Texas, this the day of , 1974•
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend
City Manager
$B ED:
_t
DAY OF 1974:
J�D ZT��
"Cl City Attorne
r]' ATTEST: CORPUS CHRISTI AREA TOURIST BUREAU
By
Secretary
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
•
It is hereby mutually agreed by and between the City of Corpus
Christi and the Corpus Christi Chamber of Commerce, for good and valuable
consideration mutually exchanged, the receipt of which is hereby acknowledged
and confessed:
1. Both of the said parties hereby waive the 30 -day notice of
termination of their contract of October 24, 1968, as amended, and mutually
agree the same to be terminated as of April 1, 1974.
2. Both of the said parties hereby agree that the said Chamber of
Commerce shall promptly furnish to City a statement of charges due and owing,
if any, under said 1968 contract, as amended, and, in any event, no charges or
expenses shall be incurred under said contract after April 1, 1974.
WITNESS OUR HANDS in duplicate, each of which shall be considered
an original, this the 119 day of April, 1974.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF APRIL, 1974:
City Attorney
ATTEST:
Secretary
By.
R. Marvin Townsend
City Manager
CORPUS CHRISTI CHAMBER OF COMMERCE
By
rX �r
•
Corpus Christi, Texas
M day of , 19
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.
Respectfull
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS---
The Charter rule was suspended by the following vote:
Jason Luby
,
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
V
Gabe Lozano, Sr.
J. Howard Stark
V
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
ThomaF V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard St.>rk
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