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HomeMy WebLinkAbout13128 ORD - 04/07/1976• JKH:vmr:4- 7- 76;lst AN ORDINANCE AUTHORIZING A SIR -MONTH BICYCLE RENTAL CONCESSION CONTRACT ON THE LAWRENCE STREET T -HEAD WITH ROBERT L. LETH, 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 "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a six -month bicycle rental concession contract on the Lawrence Street T Head with Robert L. Leth, 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 ". SECTION 2. The necessity to authorize execution of the afore- said contract in order that the concession may commence operations and provide an additional recreational facility at the earliest practicable date 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 the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of April, 1976. ATTEST: AZ-44� � Cit ecre ry I AP VED: DAY OF APRIL, 1976 J. BRUCE AYCOCK, CITY ATTORNEY By J&;."Ahm. Assistant City+ ttorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 13128 THE STATE OF TEXAS X COUNTY OF NUECES X THAT THIS AGREEMENT, made and entered into on this day of , 1976, A.D., by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter referred to as "City ", and Mr. Robert L. Lath of Nueces County, Texas, hereinafter referred to as "Concessionaire ": WHEREAS, Concessionaire has requested the use of a designated site on the Lawrence Street "T" Bead within the City of Corpus Christi, Texas for the purpose of operating a bicycle rental concession business. The right of the concession herein granted is the right to: (1) Rent bicycles (approximately 20) of good quality and in good condition to be positioned at the designated site and be re- moved at the end of each day. I The designated site shall be determined as that location of the Lawrence Street "T" Head marked on Exhibit A. Any motor vehicle transport- ing the bicycles must be parked in the parking lot and the rental bicycles must be located on the grass area designated. II That the City hereby grants to the Concessionaire the use of the property designated above for the specific purpose heretofore enumerated and such privilege is granted for a six (6) month period beginning on April 22, 1976, or as soon thereafter as bicycles become available to the Concessionaire. III The Concessionaire sball be responsible to the City for the following: (A) Since no permanent structure or utilities will be provided by the City, the storage and security for the bicycles will be at the Concession- aire's expense. (B) A sign advertising the rental of the bicycles, including post- ing of rental fees, may be displayed on approval of the Director of the Park and Recreation Department. �. 6 0 (C) The Concessionaire shall operate, service and maintain in good working order all equipment and supplies required to properly execute this Agreement. (D) The bicycle rental service shall be operated by an attendant furnished by the Concessionaire at his expense. Minor clean up duties shall consist of maintaining clean grounds clear of trash and debris, removing such items from the premises to ensure a pleasant and sanitary atmosphere at all times. (E) The attendant should be in attendance for a minimum of eight (8) hours per day, seven (7) days per week. This may vary depending on such factors as weather conditions and season. The said hours may be adjusted in order to adequately serve the public as may be determined from time to time by the Director of Park and Recreation. (F) The Concessionaire agrees the operation of the bicycle con- cession will be in accordance with all of the laws of the United States, and the State of Texas, and all rules and regulations in regard to the same that may be promulgated by the City Manager of Corpus Christi, Texas. (G) Concessionaire shall maintain insurance coverage including: a. Workman's Compensation - Statutory Limits (where applicable) b. General Liability - 1000000/3009000 Bodily Injury 10,000/ 50,000 Property Damage The Concessionaire shall furnish copies of the required insurance policies to the Park and Recreation Department prior to commencing operation of this contract. (H) The Concessionaire is and shall be an independent contractor and that in his use of the premises he will indemnify and save harmless the City from any neglects or misconduct on the part of the Concessionaire, his agent, servants, employees and assigns and shall in every way hold the City harmless from same. (I) Rental fees shall include all applicable state and local sales tax. (J) Gross receipts shall be defined as total revenue of revenues excluding all applicable sales tax. -2- • • IV For and in consideration of the rights and privileges herein granted, Concessionaire agrees to pay to the City 10% of gross sales derived from said concession. Concessionaire shall file with the Park and Recreation Department on or before the tenth day of each month a monthly report of gross receipts, the report form being designed and supplied by the Director of Finance. V. City retains the right at any time to cancel this use privilege agree- ment and may cancel the permit upon thirty (30) days written notice to con- cessionaire for cause, for violation of any Federal, State or local law or ordinances. VI In the event any legal action is undertaken by the City to collect the rental due hereunder, to collect for any damages growing out of this lease, or to in any way enforce the provisions of the lease, an additional ten percent of such recovery shall be added to cover the expense of such legal action, said ten percent to be in addition to any court costs. Concessionaire will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. WITNESS OUR HANDS in duplicate originals, this the day of 1976. ATTEST CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By R. Marvin Townsend, City Manager Robert L. Lath Concessionaire 4 I� V) 0 7 • r CORPUS CHRISTI TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECE331TY 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. RESPECTFULLY MAYOR a�'== (_ j '4 ) THE CITY OF CORPUS CHRISTI, kAS THE CHARTER RULE WAS SUSPENDED BY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY DR. BILL TIPTON EDUARDO DE A3E3 RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE ?E: IT E: PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lam: County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came ........... _ ...... _..___. Rowena-- C,_,VFlas,que,z,,,,-- __ „•,.___. who being first duly sworn, according to law, says that he is the Ar, c.Q.uiit - Ili_._ ... -.•-.-•_ .............................. _...._ of the Corpus Christi Caller and The Corpus Christi Timm, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LggS p-- ,L,NQTICF OF PASSAGE OF ORDINANCE 110. 1 12u�, -,, AIITriORTZTNG A SIX -MONTH BI- CvCLE RENTAL CONCESSION CONTRACT ON THE..i of which the annexed is a true copy, was published in _...._ ... _ .... Galles.- T_mas... — _ -_._ -- - 14 on the.1Q.._- day of il .. ............ 19_ -.76 - ................ —... _ ............ _ ........ - - ... Times. $._....._ 2. Q4 - -- - -- ............ -.... --....... ..... . ....... _ Rowena C. Uelasq z Accounting Subscribed and sworn to before me this.- Z5-- _.........da pf- . .... .... Al ............... _ ............ 19...7L -- Eugenia S, Cortez C vL c.•,__- : - -._ -_ Not lic, Nueces County, Tex NOTICE OF PASSAGE OF ORDINANCE NO. 17113 AUTHORIZING A SIX. MONTH BICYCLE-RENTAL CONCESSION CONTRACT ON THE LAWRENCE STREET T- HEAD W ITH ROBERT L LETH BEGINNING ON APRIL 72, 1976; CONCESSIONAIRE AGREES TO PAY THE CITY 1396 OF GROSS SALES DE- RIVEO FROM SAID COW CESSION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS AT- TACHED TO THE ORDI- NANCE AND MADE A PART THEREOF MARKED EXHIB- IT "A" ON FILE IN THE OF- FICE,OF THE CITY SECRE- TARY; AND DECLARING AN EMERGENCY WAS PASSED AND APPROV- ED by the City COUncll of the City of Corpus Christi during the Regular Council Meallog held On April 7, 1976 811: W p.m. and prOWdea that It shall tetra aHecl from and after Its passage and publication. ALISSUED UNDER MY HAND SEAL Of the Clty of Corpus Christi, Tens this 3th day of April 1976 (s) BIII G. Reed BILL G READ, City Seaetery City Of Corpus Christ], Terms