HomeMy WebLinkAbout12950 ORD - 12/31/1975jkh:12- 31 -75; 3rd r`
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
AND CONTRACT WITH TOM LAWRENCE AS GOLF PROFESSIONAL
AT A COMPENSATION OF $200 PER MONTH AT THE OSO MUNICIPAL
GOLF COURSE; LEASING TO SAID TOM LAWRENCE THE GOLF PRO
SHOP AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE
YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE
CITY OF FIVE PERCENT (5%) OF GROSS RECEIPTS ON ALL FUNCTIONS
OF THE PRO SHOP, INCLUDING MERCHANDISE SALES AND GOLF LESSONS,
TEN PERCENT (10 %) OF ALL INCOME FROM GOLF CARTS, AND AN ADDI-
TIONAL TWO AND ONE -HALF PERCENT (2 1/2 %) OF TOTAL GROSS
RECEIPTS FROM $50,000 TO $75,000, AND AN ADDITIONAL FIVE
PERCENT (5 %) OF TOTAL GROSS RECEIPTS OVER $75,000, ALL
AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARLED EXHIBIT "A ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager of the City of Corpus Christi be
and he is hereby authorized and directed to execute an agreement and contract
with Tom Lawrence, employing said Tom Lawrence as Golf Professional at a
compensation of Two Hundred Dollars ($200) per month at the Oso Municipal
Golf Course, and leasing to him the golf pro shop at the said Oso Municipal
Golf Course for a period of three years for and in consideration of the com-
pensation to the City of five percent (5 %) of the gross receipts on all
functions of the pro shop, including merchandise sales and golf lessons,
but excluding golf cart income, ten percent (10 %) of all income from golf
carts, and an additional two and one -half percent (2 1/2%) of total gross
receipts from $50,000 to $75,000, and an additional five percent (5%) of
total gross receipts over $75,000, all as more.fully set forth in the contract,
a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A ".
3.295®
•
•
C O N T R A C T
THE STATE OF TEXAS X
COUNTY OF NOECES X
THIS AGREEMENT AND CONTRACT made and entered into this
day of November, 1975, by and between the City of Corpus Christi, Texas,
a municipal corporation and body politic, a home rule City, hereinafter
called "City ", acting by and through its City Manager, R. Marvin Townsend,
and Tom Lawrence of Nueces County, Texas, hereinafter called "Second
Party ",
W I T N E S S E T H
I
That in consideration of the covenants, agreements and
conditions herein contained on the part of Second Party to be kept and
performed, City does hereby contract with Second Party subject to all of
the terms and conditions of this contract, and does lease to Second Party
the Golf Shop located at the Oso Municipal Golf Course for a period
beginning on December 1, 1975, and ending at midnight, November 30, 1978.
Second Party shall act as Golf Professional at the contract
price of Two Hundred and No /100 ($200.00) Dollars per month. Second Party
shall be entitled to vacation leaves without deduction from his contract
payments, and to sick leave equal to that of City employees. Provided,
however, it is expressly understood that Second Party is an independent
contractor and not a City employee.
A. Second Party shall be in charge of and shall have the
responsibility for supervision of the Oso Municipal Golf Course and as
such shall perform all duties and responsibilities as are required of him
by the laws of the State of Texas and the ordinances of the City of Corpus
Christi and such other functions and duties, in connection with the operation
and maintenance of the Golf Course, as directed by the City Manager. He
shall supervise and operate the said Oso Municipal Golf Course in strict
accordance with any and all rules and regulations now in force in regard
to said course and that may hereafter be promulgated by the City Manager
or the Director of the Park and Recreation Department and the Park and
Recreation Board of the City of Corpus Christi, under the supervision
of the City Manager.
B. Second Party shall be a person qualified in the superin-
tendence and management of a golf course, whose duty shall be to manage
and control the administration and operation of the Municipal Golf Course,
subject to the supervision of the Park and Recreation Board, Director
of the Park and Recreation Department and the City Manager.
C. Second Party shall have the responsibility for the
operation of said golf course and shall be charged with the duty of keeping
the grounds, fairways, greens, tees and any and all property of said Oso
Municipal Golf Course in good repair and shall supervise any and all work
done on said Golf Course.
D. Second Party shall enforce or cause to be enforced all
rules and regulations governing the playing of golf on said golf course;
and all other activities, including but not limited to patio area, and
locker - rest -room area, as may be, conducted on.-the golf course grounds;
that may now be in force or may hereafter be promulgated by the City Manager
of the City of Corpus Christi.
E. Second Party shall collect all green fees, monthly rates,
and other charges now in force in regard to said Oso Municipal Golf
Course or as may hereafter be established by the City Council. He shall
present each and every player with a ticket showing date and serial number
that corresponds to the receipt tape on the cash register at such golf
course and shall permit no person to play on said course without having in
his possession such ticket, unless specifically authorized by the City
Manager. He shall keep strict and accurate books of account of all green
fees, monthly rates and other charges collected by him and shall deposit
all such fees, rates, charges and the cash register receipt tape, with the
Director of Finance at such intervals, and accompanied by a report in such
form, as required by the Director of Finance. The said books of account
hereunder shall be open for inspection at all times. He shall likewise
make a monthly itemized report to the City Manager and /or Director of
the Park and Recreation Department of such collections.
-2-
•
•
F. Second Party shall furnish a good and sufficient bond
in the sum of not less than Five Thousand Dollars ($5,000), with the surety
thereon a corporate surety duly licensed under the laws.of the State of
Texas to write fidelity bonds, conditioned that Second Party shall pay
over to the City all green fees, monthly rates and other charges collected
by him.
G. Second Party shall have the right to give, or cause to be
given, golf lessons at his own expense and all revenue therefrom shall be
accounted for in the same manner as other revenue from golf course opera-
tions.
H. Second Party shall be responsible for and control the
activities of caddies on the golf course and shall take whatever action
is necessary to insure that the caddies conduct themselves in an orderly
manner. Second Party shall insure that the conduct of his own employees
is satisfactory and in keeping with the conduct required of City employees
in general. Second Party shall also insure that neither he, his employees
nor the employees or caddies under his supervision are permitted to drink
intoxicating beverages in the golf course Club House or on the golf course
grounds.
I. Second Party shall endeavor to maintain and promote a
continuing program to attract citizens and tourists and to encourage use
of the golf facilities, particularly weekday play, and shall maintain a
minimum of four sets of rental golf clubs for use by the public. City
shall continue its promotional activities for the facility, including
brochures and listings in departmental literature.
J. Second Party also agrees to adequately publicize course
rules and regulations and to post green fees and caddy rates.
K. The Club House food and drink concession will be awarded
through competitive bidding by the City. Second Party shall supervise
the concession operation and perform all duties and responsibilities as
are required to assure that the concessionaire complies with the concession
contract relating to service in the Club House. Second Party will receive
no part of the concession income.
-3-
.• 1 •
II
City hereby leases to Second Party, for the periods herein -
before stated, subject to all the terms and conditions of this contract
as follows:
A. The Golf Shop and all of its furnishings and equipment, as
shown on the attached list, located at the Oso Municipal Golf Course; and
S. The furnishings of the locker - rest room area; and the
other furniture and equipment located at the Municipal Golf Course, as
shown on the attached sheet.
It is understood and agreed that Second Party shall operate
said businesses as his own business and shall be entitled to-all of the
profits from the operation of said businesses, except that he shall pay
to City five percent (57) of the gross receipts on all functions of the
pro shop, including merchandise sales and golf lessons, but excluding
golf cart income, ten percent (107) of all income from golf carts, and
an additional two and one -half percent (2 -1/27) of total gross receipts
from $50,000 to $75,000, and an additional five percent (57) of total gross
receipts over $75,000, said sums shall be due and payable monthly, the first
payment being due on or before the tenth day of the month neat following
the effective date hereof and on or before the tenth day of each successive
calendar month thereafter accompanied by an itemized statement in such form
as required by the Director of Finance. Second Party agrees to keep
strict, accurate and correct books on the operations of such business
and to employ a Registered Public Accountant or Certified Public Accountant
to keep said books and said books shall be open for inspection by the City
Manager, or any person designated by him, at any and all times.
III
It is understood and agreed that Second Party will take good
care of the personal property shown on the attached list as well as all
real property hereby leased and demised to him and suffer no waste and
will deliver the said property back to City at the expiration or other
termination of this lease in the same condition as the same was received,
natural wear and tear alone excepted. Second Party will submit each year
to the Director of the Park and Recreation Department an inventory of all
-4-
. . _.__ ........ .............. ....... .
City -owned furniture and equipment at said Oso Municipal Golf Course.
This inventory shall be submitted in each anniversary month of the signing
of this agreement.
IV
It is understood and agreed that minor repairs shall consist
of those repairs such as repairing a lock or rescreening a door, which do
not cost in excess of Twenty -Five Dollars ($25.00) for any one repair.
All minor repairs or replacements to the buildings occupied by the golf
shop and /or the City -owned equipment therein, excluding plumbing, electrical
and air conditioning, will be made by Second Party at his own cost and
expense, and that the major repairs to the same will be made by City after
the need therefor has been determined by the City Manager, whose decision
on the same shall be final. It is further understood and agreed that in
no event shall Second Party ever have or claim any damages against City
for loss of income for failure of City to make any major repairs unless
the said City shall have had written notice of the need of such repairs at
least fifteen (15) days prior to time of the origin of the claim for damage,
and it has failed and refused to make such repairs. Second Party is to
keep the plumbing free from all obstructions, within the buildings and to
the outside drain lines, and keep the premises around the buildings,
and the buildings, clean and free from rubbish, trash, etc., at all times.
The course crew may be used in major periodic cleaning of the building and
all general policing of premises around the buildings.
City agrees that it will not, while this agreement is in force
and effect, grant to any other person or organization the privilege of
selling at the Oso Municipal Golf Course any of the items at the golf
shop, which are presently offered for sale.
In order to prevent damage to the greens, fairways and other
areas of the golf course, it is agreed by the parties hereto that no golf
carts except those owned or leased by Second Party, will be allowed on
the golf course.
-5-
VI
Second Party agrees that in the operation of said golf shop
he will operate the same in accordance with all of the laws of the United
States and the State of Texas, ordinances of the City of Corpus Christi,
C
and all rules and regulations in regard to the same that may be promulgated
by the City Manager.
VII
Second Party agrees to hold City harmless for any hurt, injury
or damage to persons or property caused by Second Party's operation of
said golf shop and agrees to carry public liability insurance upon
the said businesses in the amounts and upon the conditions as the City
Manager sees fit to require. Copies of said policy shall be filed with
the Director of the Park and Recreation Department.
Second Party agrees that he will incur no debts or obligations
on the credit of City in the operation of said businesses.
It is understood that the locker - rest room area and its equip-
meat and furnishings are leased to Second Party and that all rentals tbere-
from shall be accounted for and paid to City. City will furnish all sanitary
and cleaning supplies necessary and used in the keeping of the said
premises clean and sanitary.
VIII
Second Party agrees that he will make no alterations in the
buildings hereby leased without consent of the City Manager or Director
of the Park and Recreation Department in writing first had and obtained.
Ix
It is understood that City shall furnish the men and equipment
necessary to keep up the fairways, grounds (except the buildings hereby
leased) and will maintain the same, and that Second Party will be responsible
for directing and supervising the activities of said City employees assigned
to said Oso Municipal Golf Course. Second Party will report to the
Director of the Park and Recreation Department on problems related to the
direction and /or supervision of said City employees, or on any personnel
problem related thereto.,
-6-
•
•
X
Second Party shall be held responsible for the fair and just
treatment of all employees under his supervision. He shall insure that
no employee is discriminated against because of race, color, creed, or
national origin.
%I
It is understood that this contract is not severable.
%II
Second Party agrees that, at his own cost and expense, he will
employ a starter and other employees to operate the said businesses, which
said starter and other employees shall be solely in the employ of Second
Party, and shall never be considered employees of City. It is further
understood that such starter shall supervise the play in accordance with
the rules and regulations of the Oso Municipal Golf Course at all times,
and Second Party agrees to employ sufficient employees as the City Manager
shall deem necessary for the operation of said businesses. All such
employees shall be covered by Workmen's Compensation Insurance carried
at the expense of Second Party who shall pay all salaries of all such
employees. All such employees shall be approved by the City Manager and /or
Director of the Park and Recreation Department.
%III
it is further understood and agreed that the City Manager may
at any time cancel this contract upon the failure of Second Party to perform
the conditions of this contract or upon failure to comply with any rules
and regulations promulgated in regard to the operation of the Oso Municipal
Golf Course, and that immediately upon such cancellation that.City, its
agents, servants and employees shall have the right, without further notice
or demand to reenter and take possession of all of the property herein
leased and demised and remove all persons therefrom without being liable
for any claims for damages by reason of such cancellation and resumption
of possession.
RIV
Second Party agrees to provide suitable signs at the Golf
Shop advising the public that such business is operated by Second Party
as an independent contractor and not operated by City.
-7-
•
•
It is understood and agreed, however, that this contract is
a personal contract, not assignable, and that the same will terminate
upon the death of Second Party, or in the event of the inability of Second
Party to perform the duties hereunder for a period of Sixty (60) days'
time.
This shall be construed as a use privilege contract, including
the right of use and occupancy of the golf shop, and locker - rest room
area with the obligation upon Grantee to supervise the operation and
maintenance of the Oso Municipal Golf Course as a public municipal golf course
with the duty of enforcing all rules, regulations and ordinances pertaining
to same.
WITNESSETH the hands of the parties hereto this the day
of . 1975.
ATTEST: THE CITY OF CORPUS CHRISTI, TEEAS
City Secretary
APPROVED:
3DAY OF DPii� , 1975:
City Attorney
Director of Finance
By.
R. Marvin Townsend, City Manager
"CITY"
Tom Lawrence
"SECOND PARTY"
THAT THE FOREGOING ORDINANCE WAS READ FOR NE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS TH E_� /� "ti pAY OF 19�Y THE
FOLLOWING VOTE:
JASON LUBY
OP. BILL TIPTON
EDUARDO DE ASES
RUT" GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
TWAT THE FOREGOING ORDINANCE WAS +REF.. T HE 9EC ND TIME AND�ASSED
TO ITS THIRD READING ON THIS THE���DAY OF 19 BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOR GOING ORDI
FINALLY ON THIS THE�DAY 0
JASON LUDY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
pi
I"WTIME AND PASSED
BY THE FOLLOWING VOTE:
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, THIS THE J/ DAY OF 19zj
ATTEST:
CI _Pr SECRETARY MA OR
THE CITY OF CORPUS CHRISTI, TEXAS
AT ROVED:
ZDAY OF 92
TY ATTORM
NOTICE OF PASSAGE OF
ORDINANCE NO. 17950
The City Council of the City of
Corpus Chrlstl has, on the 761h
day M November, 1975, passed
on first reading; on the 1(Mh day
of Oetember, 1975, pa, on
second reeding, an' on the 31st
day of December, 1975, passed
on third and final reading, an or•
dlnanCe authorizing the CHy
Manager to execute an agree
Mont and contract with Tom'
Lawrence as Golf Prafesslonel'i
at a Compensation at S2M par
maalh at the Ow municipal Gall
Course; leasing to said -
L.,.
wrence the Gall Pro Shoo at
the Oso Municipal Golf Course
for a period of three years begin.
Wing on December 1. 1975, ror
iad In consideration M the Com-
peasatlon to the Clty of five per•
cant (5 %1 of gross receipts a,
all functiom of the Pro Shop, In;
ducting meiChandise sales and
golf lessons, ten percent (10 %)
of all Income from golf carfs,i
and an additional two and one -
hall percent (21/2%) of- lotal�
gross receipts from $50,000 to
$75,000, antl an additional flue i
percent (5 %) of total gross
receipts over $75,000, said sums
to be due and payable monthly, j
the first payment being due on
or before the tenth day. of the
month. All other provisions In
effect, more fully set forth In
said agreement and contract, on
fl [a In the office of the Clty Sec -
r yllne9s my hand and seal this
5th day of January, 1976.
(s) Bill G- Read
BILL G. READ,
City Secretary
City of Corpus Christi, Texas
is AL)
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, L:
County of Nueces. J--
Before me, the undersigned, a Notary Public, this day personally came. .......... 7
who being first duly sworn, according to law, says that he is the
. . . ........ . . .......... . ......... ............... of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of
LUAIM� -NMOK-M-UMAGE OF ORD INLUE-H9,122!LQ,�THE CXTY COUNCIL QF—M CITY
OF CORPUS CHRISTE HAS, ON THE 26TH DAY OF..
of which the annexed is a true copy, was published in
on the.-7— day of--Zemary— 19-76-Mzd2KUMM9AX-
3 ccountine
* 0**w' e n a, Z
Subscribed and sworn to before me this—.11 ------ day - .....- ...- ..- .. -A..
hugenia S. Cortez _1 1 All 4 -S:
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary public, this day personally came....-..-
who being first duly sworn, according to law, says that he is the
AgeounjRjag, of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
Ie
.L_gjftjj3,_.TMj_qITj CQVX IL OF THE CITY .PE&g. ON THE 26TH DAY OF NOV. 1975,
PASSED ON FIRST READING,..AN ORDINANCE...
of which the annexed is a true copy, was published in
on the-la.— day of—.11amernber .. . ...
......... ...
Rowena C. VelasqueZ Acoounting
Subscribed and sworn to before me this_..... of_..... Dan-emkis . . ..... '*'**'** 19
Eugenia S. Cortez
Ro P ublic. Nueces County, Texa4
The City Council of the City of
COrPus Christi has, On me 26th I
day Of November, 1915, passed
M flUt reading, end Oa the 101h
dayof December, passedonsec-
one reading, an ordinance au-
thorizing the City Manager to
execute an agreement and eve,
tract with Tom Lawrence as
Golf Professonel at a tom•
peneatlon of 2300 per month of
the Old Munl6loel Ond r.0
end In consideration of the com-
pansaflon to the City of five per-
cent (S %) o} gross reeelpts on
all futrctlons of the Pro Shop In' eluding merchandise sales and
golf lessons, ten percent rl0 %)
additional of all Income from
golf cents, and an addillonal two
atfd one -half percent (2-19 %) of
total gross receipts aver
6120,000, said sums W be due
and payable morehly, -the first
Payment being due on or before
the tenth day Of the month. All j
other provl'lons In effect, more
fully set form In said agreement
and contract, on fl Is In the office
of the City Secretary,
Witness my hand and seal this
16th day of December, 1925.
.s-BIII G. Read
Bill G. Read,
City Secretary
City of Corpus
Christi, Teas