No preview available
HomeMy WebLinkAbout19588 ORD - 12/30/1986TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH COOPER OUTDOOR ADVERTISING FOR THE USE OF GAS DIVISION PROPERTY TO CONSTRUCT AND MAINTAIN A SINGLE POST SIGN FOR ADVERTISING. BE IT ORDAINED BY- THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a contract with Cooper Outdoor Advertising for the use of Gas Division property to construct and maintain a single post sign for advertising, 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." 09P.109.01 19•5 38 MICROFILMED THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: LEASE FOR OUTDOOR ADVERTISING Cooper Outdoor Advertising ("Cooper") and the City of Corpus Christi, Texas ("City") hereby agree as follows: I. City grants to Cooper the right to build and maintain an illuminated advertising structure, a 12' x 40' single pole sign, with related devices and connections, and to have the exclusive advertising use of the premises except as otherwise provided herein (with free access to and upon the same) known and described as: Gas Division of Corpus Christi, Texas, 4225 South Port, Corpus Christi, Texas located in the County of Nueces, State of Texas, for a term of five (5) years. Said sign shall be located as depicted on the diagram attached as Exhibit A hereto. II. All structures placed upon the premises by Cooper shall remain the personal property of Cooper, and may be removed, altered, or replaced at any time during the term of this lease, provided, however, said structures shall be removed within sixty (60) days of the expiration of this lease or become the property of City. Cooper shall save City harmless from all damages to persons or property resulting from the negligent acts of its agents, employees, or others in the erection, repair, maintenance or operation of said sign. IV. Cooper shall provide and maintain during the term of the lease a comprehensive general liability insurance policy covering all of its operations hereunder in the amount of not less than One Hundred Thousand Dollars ($100,000) per person and Two Hundred Fifty Thousand Dollars ($250,000) per occurrence for bodily injury, and Five Hundred Thousand Dollars ($500,000) for property damage. V. In its use of the demised property, Cooper shall comply with all applicable federal, state, and city statutes, regulations, and ordinances, and shall secure proper permits prior to any construction. This lease shall be null and void if the proper permits are not obtained. VI. Cooper agrees to keep the sign structure in good repair and maintain it in a neat and businesslike manner. VII. City agrees not to obstruct or impair the view of the sign or create any condition so as to diminish the commercial value of the sign. VIII. In the event the advertising sign structures are diminished in value due to visual obstruction, traffic diversion or any other condition beyond Cooper's control, Cooper shall have the option of proportionately reducing the rent, if approved by City, or terminating this agreement. If Cooper is prevented by law from illuminating its sign, Cooper may reduce the rental provided above by one-half (1/2) for as long as the condition exists. IX. In the event of any change in ownership of the property hereby leased, City agrees to notify Cooper promptly cf such change and City agrees to furnish any new owner with a copy of this lease. X. If during the term of this lease the leased premises is taken by any condemnation authority, Cooper and City shall each be entitled to receive and retain such separate awards as may be allocated to their respective interests in any condemnation proceedings. XI. In consideration of the foregoing, Cooper shall: (a) Replace the existing sign at the above stated address, and erect at the location specified in the attached Exhibit A a 12' x 24' single pole sign with electrical fixtures included. The 12' x 24' bulletin will be changed seasonally by Cooper not to exceed three (3) times a year. (b) Provide a 12' x 40' rotary bulletin for advertising needs of City's Gas Division during the term of the lease provided herein. Acceptable art work will be provided by the Gas Division. City shall have the right to have said bulletin moved every sixty (60) days to different signs of Cooper throughout the City of Corpus Christi. Location of said signs shall be at the discretion of the City, subject to reasonable availability, specifically including but not limited to South Padre Island Drive and Interstate Highway 37. The 12' x 40' bulletin will be changed seasonally by Cooper not to exceed three (3) times a year. 02j.068.02.10.np -2- (c) Pay to City Two Hundred Dollars ($200.00) per month, said ,payments to be made to City by the 15th day of each month. In addition, Cooper will provide finished poster panels at no charge for the above signs. Said consideration from Cooper is valued at Seventy -Six Thousand Eight Hundred Dollars ($76,800). XII. Upon termination of this lease, Cooper shall remove said display by cutting it off three feet (3') below grade sign base, and at its cost and expense remove the sign and restore the property to its original condition. XIII. The sign leased to Cooper hereunder shall not be used to advertise political candidates or causes, alcohol beverages, tobacco products, contain materials of an explicit sexual nature, or products or services determined by the City Manager to be in competition with City utilities. IX. This agreement is executed in duplicate originals, and shall be effective sixty (60) days after passage of the ordinance authorizing this contract. ATTEST: By: Armando Chapa City Secretary Date: APPROVED: HAL GEORGE, CITY ATTORNEY By: ss stant City =iley Date: /D/ 2///fC CITY OF CORPUS CHRISTI By: Craig A. McDowell City Manager Date: COOPER ADVERTISING By: 02j.068.02.10.np -3- Date: /d Qi i That the foregoing ordinance waa;, read for t ` first time and p s ed to its second reading on this the — day of � � , 19 Jb , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance wA,s read for second time and pas ed to its third reading on this the /4A- day of , 19 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the forego:0g ordina was� JJr�e_�a�df�for the third time and passed finally on this the, O'W1day of / dG2 �J , 190 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Leo Guerrero PASSED AND APPROV ATTE r. Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong this the _gall day of Zttlit i --CA , 19 KP lty ecretary APPROVED: /6 DAY OF , 1911: Assaf�t`f �ity Att ney MAYOR (/ THE CITY OF CORPUS CHRISTI, TEXAS 19588 STATE OF TEXAS, ,-County of Nueces. PUBLISHER'S AFFIDAVIT }ss:AD# 66427 CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came. MURIEL LA RUE 4\ who being first duly sworn, according to law, says that he is the SENIOR ACCOUNTING CLERK 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 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- of which the annexed is a true copy, was published in CALLER—TIMES PUBLISHING COMPANY on the 15th day of .19 $ fi.. and once each da.y___._....thereafter forOn P consecutive day ..................._.._...._...._ one ....._...Times. 27.60 MURIEL LA RUE Subscribed and sworn to before me this 2 3 r y of A.EC.EE8ER Not Public, Nueces County, eras EUGENIA S. CORTEZ 6-30-89 �e 11-1 Le �. NOTICE OF PASSAGE Ian Ina OF ORDINANCE ON Sia •pfal SECOND READING Ar 'we -AUTHORIZING THE EXECU, t.'1[ TION OFA CONTRACT WITH ad• be COOPER OUTDOOR ADVER- Ch -tI nr TISING FOR THE USE OF GAS an ail DIVISION PROPERTY TO I AlCONSTRUCT AND MAINTAIN To sc ;- A SINGLE POST SIGN FOR be ADVERTISING, FOR A TERM at'h OF FIVE YEARS, PAYMENT TO THE CITY SHALL BE • of NIw 5200 PER MONTH p .III Was passed and approved by , the City, Council on second th. n reading on December 9, A of 1986 The full text of said P°'pt ordinance is available to the r , GI public m the Office of the City E CU Secretary, Dal /s/ Armando Chapa s Cny Secretary Corpusbi Christi, Texas ed .Id 1 ,0A112 73 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, iss: AD# 39152. County of Nueces. 1 CITY OF C .0 . /CITY SECRETARY Before me, the undersigned, a Notary Public. this day personally came. MURIEL LA RUE _, who being first duly sworn, according to law, says that he is the SENIOR ACCOUNTING CLERK 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 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXE.C_[LTLQJi OF A of which the anusxed is a true copy, was published in CALLER -TINES PUBLISjfl agE _ on the 1st day of _DECEMBEE_..__,193.6, and once each d.a .__„..._..thereafter for ten© consecutive d.av .cute Times. , 28_75 MUR LA RUE - Subscribed and sworn to before me this....1s edgy of••_•..DECE RFR 19..8.6.-. Not Public, Nueces County, T EUGENIA S. CORTEZ 6-30-89 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECU- TION OF A CONTRACT WITH COOPER OUTDOOR ADVER- TISING FOR THE USE OF GAS DIVISION PROPERTY TO CONSTRUCT AND MAINTAIN ^ SINGLE POST SIGN FOR ADVERTISING, FOR A TERM OF FIVE -YEARS; PAYMENT TO THE CITY SHALL BE r $200 PER MONTH, roved r Was passed and the City , �" on first reading by us r Christi, Chrisof ti, Texas ionthe 25th of day f November, 1988 and the full text of said ordinance is available to the public in the e Office of the City Secretary �h-s �, /s/ Armando Chapa !7 f1SE City Secretory ry� y ice- Corpus Christi, Texas DEO 19� IV E l� at _.e...._ � I i C SE :l 9 OFFICED to / X234