HomeMy WebLinkAbout13816 ORD - 07/06/1977JKH:vp:6 /8/77:2nd AN ORDINANCE EXTENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 10998, PASSED ON JULY 26, 1972 TO MR. ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, FOR AN ADDITIONAL PERIOD OF 5 YEARS. `* THE TERMS OF THE FRANCHISE GRANTED BY ORDINANCE NO. 10998 ARE TO REMAIN THE SAME EXCEPT THAT THE PERCENTAGE OF GROSS RECEIPTS FROM ADVERTISING ON THESE BENCHES PAID TO THE CITY IS TO BE INCREASED FROM 10% TO 15 %. 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, 1977, the right and authority to construct, erect and maintain at a maximum number of locations to be determined by the Director of Traffic and Transit 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 and Transit 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 fifteen percent (15 %) of each month's gross MICROFILMED `JUL 0 71980 13816 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 1977, 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 fifteen percent (15 %) 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 during 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 Director of Traffic and Transit. 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 degrees. -2- Grantee shall furnish to the City,Manager and /or the Director of Traffic and Transit 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 and Transit 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 and Transit. 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 auto- matically 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 valua- tion because of any value derived from the franchise or the fact that it is or may be a going concern duly installed and operating. 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 -3- cost or expense to the City of Corpus Christi, and the surfaces where said benches were located shall be fully restored to their former condition. 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) days 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 acci- dent, 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 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. 0 -4- 0 0 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 folahe first time and passed to its second reading on this the �.0;t day of 1977 by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordinance qas read for a second time and passed to its third reading on this the 6 tR day of 197 by the following vote: Jason Luby t; Eduardo de Ases David Diaz Ruth Gill Bob Gulley + Gabe Lozano, Sr. Edward L. Sample That the fore of g ordinanc as read for the third time and passed finally on this the day of 19_77 by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample PASSED AND APPROVED, this the fp day of 1977 ATTEST: Clfty Secretary AP R VED: DAY OF 19jj—: J. BRUCE AYCOC , CI TTORNEY By A istant City torney MAYOR HE CITY OF CORPUS CHRISTI, TEXAS 1889,6 NAME AND ADDRESS OF AGENCY " Swantner & Gordon Insurance Agency, Inc. COMPANIES AFFORDING COVERAGES P.O. Box 870 Corpus Christi, Texas 78403 COMPANY - LETTER A American General Fire & Casualty Co. ❑UMBRELLA FORM ,, COMPANY - LETTER NAME AND ADDRESS OF INSURED - ■/� COMPANY C Eli Abrams dba Courtesy Advertising LETTER 417 Dolphin Place Corpus Christi, Texas 78411 LA LETTER LA COMPANY ' 4 FORM LETTER This Is to certify that policies of Insurance listed below have been Issued to the Insured named above and are In force at this time. COMPANY POLICY Limits of L illty in Thousands ( ) LETTER TYPEOFINSURANCEs POLICYNUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE LIABILITY - BODILYINJURY s 300,000E -' A COMPREHENSIVE 12COMPREHENSIVE FORM 12 GL 13268574 1 -1 -80 - © PREMISES -OPERATIONS PROPERTY DAMAGE E 25, E 25, ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD - ❑ PRODUCTS COMPLETED ❑OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE BROAD FORM PROPERTY PROPERTYDAMAGE COMBINED E E �dJ y�I DAMAGE INDEPENDENT CONTRACTORS ® PERSONAL INJURY PERSONAL INJURY E 300, AUTOMOBILE LIABILITY BODILY INJURY ❑ (EAC H PERSON) $ COMPREHENSIVE FORM _ BODILY INJURY S ❑ OWNED - _ (EACH OCCURRENCE) r _ ❑ HIRED s PROPERTYDAMAGE E BODILY INJURY AND 50DPERTYDAMAGE E ❑ NON -OWNED ' WORKERS "GOM PEINSNTIUn STATUTORY and C EMPLOYERS'LIABILITY -- - - OTHER = E (EPCH RCCmtNT) DESCRIPTION OF OPERATION S&OCATIONSNEHICLES Advertising Company - Texas j City of Corpus Christi is shown as additional insured Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the Issuing com- pany will endeavor to mail 1_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liabillty.of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED - t 1 - 11 -79wa City of Corpus Christi r a Gord Insurance Agency Street Corpus Chris ti, a Texas 78401 P AUTHORIZED REPRESENTATIVE EXCESS LIABILITY ........... .. - ❑UMBRELLA FORM ,, ' - BODILY INJURY AND ❑ OTHERTHAN UMBRELLA PROPERTY DAMAGE E E FORM COMBINED WORKERS "GOM PEINSNTIUn STATUTORY and C EMPLOYERS'LIABILITY -- - - OTHER = E (EPCH RCCmtNT) DESCRIPTION OF OPERATION S&OCATIONSNEHICLES Advertising Company - Texas j City of Corpus Christi is shown as additional insured Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the Issuing com- pany will endeavor to mail 1_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liabillty.of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED - t 1 - 11 -79wa City of Corpus Christi r a Gord Insurance Agency Street Corpus Chris ti, a Texas 78401 P AUTHORIZED REPRESENTATIVE PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. 111111 Before me, the undersigned, a Notary Public, this day personally came ... ............................... j lox' i&.. TapfZ: i. 2 ....... ............................... who being first duly sworn, according to law, says that he is the ?? 44c c of rat ------------------------ -- ------------- --- --- --- -- -- -- 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 LEGALS- . 1110. TLPE. -.I3 HEREEY.. ........................... _ ...... of which the annexed is a true copy, was published in ...-... Cs3ler...- T. itaes............................... ........... .. —.. tY on the. -34.._ day of. ...... J.une ....................... 19...7.7., aff&73ffd Wa' thX-... ...-- ----------------th&Wa1Te–r%r ......._.......... - -_ .... e04lxjt ......................... ............................... ..........- 1----- ------- - - - -- - Times. �.. -� ---- - - - - -- -•••••1 • G oria Lopez ................... !{ccounbi'tig t Subscribed and sworn to before me this .-- --• -. 8- .. -. -. ay of ....... Ja? 3@ .... .............................. 19 ... R. Sandoval mt .. • Notary Public, Nueces County, Texas fTues., June 14,197.7 it PUBLIC NOTICE Notice Js .haebY. given -- the City Council of the Clry of Corpus Christi has, on the 8th day of June, 1977 approved on second reading an ordinance extending thefranchise granted ' by ordinance No. 10998, passed on July 26, 1972 to Mr. Ell Abrams, dba Courtesy AdVer- using Company, for an addition, al period of 5 years. First read - Ing of the ordinance was approved on June 1. 1977 by the City Ccunc i1. Ther terms of the franchise granted by Ordinance No. 10998 are to remain the same except that the percent- , age of gross receipts from ad- vertising on these benches paid to the City is to be Increased , from 10% to 15 %, full text of ilc inth the public e available th Y City Secretary. ^ Wltness my hand this 9th day of June, 197/. a -Bill G. Read n Bin G. Read, City secretary PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: _ `- County of Nueces. f ?' Before me, the undersigned, a Notary Public, this day personally came ... ............................... Glevia--- Le pe•• a...................................... who being first duly sworn, according to law, says that he is the Q, O. cmUntin g ....................... ............................... 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 •— -- LECALS... .NCTLCE..SS..HEBEBY.!}II�FTZ� -. S21iAI�lAPLiF..ITQ.... �qq8 . a. a .................... . ... ........ .. of which the annexed is a true copy, was published in .......Ca1-ler Times ............................... _ ................. _.-- on the.-7-.- day of.-- -.Tune.......................... 19_7.7., IpAgRS!c ............................ tkgFAAf %XjgA...................._..... cosyi e------------------------ -- _- .-- ..._.................... 3 .........................limes. Gloria Lopez Accounting Subscribed and sworn to before me this .......... $........ -day o£ .... 19....7 ...._ a R. ' Sandoval ;"� q W .._- . ----------------- ..... ........... ..........�. 1. Notary Public, Nueces County, Texas 'ues., June 7,1977 PUBLIC NOTICE - �+ Notice is hereby given that the City Council of the City of ��- 'Corpus-Chris9- has, -on -the -1st " day of June, 1977 approved on first reading an ordinance ex- tending the franchise granted by Ordinance No. 10998, passed on July 26, 1972 to Mr. Ell Abrams doe Courtesy Adver- tising Company, for an addition. al period of 5 years. The terms of the franchise granted by Or�, dinance No. 10998 are to remain the same except that the per- centage of gross receipts from advertising on these benches paid to the City is to be In- ' , creased from 10% to 15 %, full text of Ordinance 1W98 Is avail- able to the public In the Office of the City Secretary. Witness my hand this 3rd day of June, 1977. - . � . s -eiII G. Rid' .S 1 4