HomeMy WebLinkAbout15282 ORD - 12/26/1979.JR11. IG -LV -/7, 1Z.4
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AN ORDINANCE
AMENDING PARAGRAPH XIV OF THE AGREEMENT TO CONTRACT
AUTHORIZED BY ORDINANCE NO. 14810, PASSED AND APPROVED
BY THE CITY COUNCIL ON MARCH 7, 1979, CONCERNING
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE
"PELICAN'S PLEASURE" dba "CAPTAIN BOOMER'S" FOR THE
ESTABLISHMENT OF A BARGE RESTAURANT TO BE LOCATED ON
THE PEOPLES STREET T -HEAD, SO AS TO CHANGE THE OPENING
DATE OF NOT LATER THAN MAY 1, 1980 INSTEAD OF
DECEMBER 31, 1979; AND DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 14810, passed and approved by the City
Council on March 7, 1979, an Agreement to Contract was authorized between
the City of Corpus Christi and "Pelican's Pleasure" dba "Captain Boomer's"
for the establishment of a barge restaurant to be located on the Peoples
Street T -Head; and
WHEREAS, the said Agreement to Contract contemplated that the barge
restaurant would be in operation by December 31, 1979, but the scheduled
opening date cannot be met due to difficulties that were unforeseen at the
time of execution of the Agreement to Contract, and it is mutually agreeable
to the City of Corpus Christi and to Pelican's Pleasure that the Agreement
to Contract be amended to provide for the opening date of not later than
May 1, 1980:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That paragraph XIV of the Agreement to Contract,
authorized by Ordinance No. 14810, passed and approved by the City Council
on: March 7, 1979, concerning contract between the City of Corpus Christi
and the "Pelican's Pleasure" dba "Captain Boomer's" for the establishment
of a barge restaurant to be located on the Peoples Street T -Head, be amended �c
so as to hereafter read as follows:
"XIV. Liquidated Damages c,
In the event that Second Party fails to execute the lease attached oc
cap
hereto as Exhibit 'A' and said barge restaurant is not ready to open for top
business and fully capable of operation by May 1, 1980, then the Second
Party's bid security of One Thousand Dollars ($1,000) shall be forfeited
to the City as liquidated damages."
01,
SECTION 2. The necessity to immediately amend the Agreement to
Contract concerning contract between the City of Corpus Christi and
"Pelican's Pleasure" dba "Captain Boomer's" as aforesaid 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 that such emergency and necessity exist, having requested
the suspension of 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 2t day of December, 1979.
ATTEST:
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City"Secretary
APPROVED:
2 C I DAY OF DECEMBER, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By,
As i Stan; t�' Ci ty Atto(rpT"
THE CITY OF CORPUS CHRISTI, TEXAS
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 ordinance, a
public emergency and imperative necessity exist for the suspension 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 ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz /
Jack K. Dumphy L te/-
Betty
Betty N. Turner
Cliff Zarsky
(41/
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The above ordinance was passed by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky