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Home My WebLink About02008 ORD - 12/24/1946No ;tea Q AN ORDINANCE GRANTING 10 MAX TANNER AM G. A. EVANS, 00- PAIGNERS, A FRANCHISE TO OONSTRUCT, ERECT AND UAINPAIN FOR A PERIOD OF FIVE YNNBS AT LOOMONS ON THE ROOTED OF ROSE- AND OTR- ER PUBLIC CONVEYANCES IN THE CITE OF CORPUS CHRISTI. BENCHES; TO USE AND EMPLOY THE STRAIT- SIDE THEREOF FOR ADVERTISING; PROVIDING FOR A FIIED CHARGE FOR SAID HENT FRANCHISE AND FOR PAY OF A PERCENT OF TER CROSS NEGEIPT6 TO THE CITY OR CORPUS OMU=I; PROVIDING FOR THE DESIGNA- TIJn OF LOCATIONS AND TEE PROPER COULTRUCTION AND NAIETERMICE OF SAID BENCHES; LINITIBG THE CHARACTER AND BIRD OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIAB=TY INSURANCE TO PRO- TECT THE CITY AND GRANTZBB AND THE PUBLIO; CON - TAININO PROVISIONS FOR FORFEITURE OF THE MAN - CHIssl AIM CONTAINING A SAVING OLAOEE. BE IT OROAI= BY THE CITE COUNCIL OF THE CITY OF CORPUS CHRISTI, TEI(SM Scotian 1M There is hereby granted to Neo: Tennor and 0. A. EVane, co- partners, their heirs III &ISIS{., for a period of Five Years begin- ning xith the first day of January. 1067, the right and authority to aan- etruat. erect and maintain It not to ascead WO 10mtl aw within the C1ty of 00"de Christi, to be designated we hereinafter provided, benches for the use and accommodation of the patrons and users of Dumas. and other Public oocaeysoces, and of the public. gewrally, end as use and anplcy the street -aide of the back. of said benches for edvertisicg cold by the Grantees hereof to person.. firm. corporations, sac the public generally. Scotian RM The bananas oomtructed, erected, maintained and fur- nished by Grants.. shell be substantially, durably and attracti'sly cam - struoted of concrete base and .ideal of wooden or plastic seats and banks, end secured by natal strips and telte. Sn a durable sad sefc manner. and shell be maintained by Grantees at .11 tiosa in Inch condition that cam. shell act constitute A memos to the safety and well WIN of any pare... Grantees shall pause grass sad weeds W be kept out around the bcanhem at any place where gross or weeds grow too 01080 to the benches for the cam to be cut by any lnwn mower or Cutting mahine that may be operated 1, at that paint by the City or any property comer. Section Sn As compensation for this fromahise and for the me of the pablio property herein contemplated to he urea. Create. shall pay en.uclly In advance to the City of Corpus Chriatl a fired charge of $10.00 per year. In addition tc said fixed obarge. Giantess Abell Pay to the City of Carpus Christi, annually, as hereinafter provided, a sum equal to too percent of the gives man resolved by Grantees for udver- tieing contained on the bask. of said benches during the you for which payment I. being made, or the sun of $250.00 for soon group of W banahae or any fraction thereof located elthin said City by Grant... during tba year, whiohsver is the greater. The mthod of determining the mount and the Lima for the payment of said charges shall be a, follows: On the ac- Baotou- of this fronahice by Grmteee. Grantee, shall Man pay to the City of Corpus Christi said flied charge of $10.00 for the year 1949, and shall also than pay to the 01 ty of Corpus Christi $250.00 for encb grasp of 50 benches or my fraction thereof for which Grantees have at that time obtained location. which are approved by the City imager. Thereafter, on the approval of too City Yanagor of the location of my, additional benches, Grantee. shall pay, 1. advance of the sreoticn of sold bench.., a like sum of $E50.00 for each group of 50 benches or my fraction thereof= provided. bowevar. that If ,aid advance payaeut tor Bush odditional benches become due more thou three moathe after the beginning of tin year, then the advance payment for the remainder of that year shall be proportionate- ly reduced, so that the mount thereof for a group of 50 benches .hall be the fractional part of $250.00 which in represented by the number of month remaining in the year as the numerator and by teelve as too denominator. If at any time payment is We far a group of benches, numbering lase than 50, on an& additional payment shall be required for the lonetion of addi- tional benches until that group of 50 he. been filled. 7a a like manner. Great— shall pay in advance o¢ Lhe b°aimivg of Inch euoo.ading year of the term of this franchise. $250.00 for each group of 50 beaches or any fr,otlon thereof then located Sn the City. the end of each year of the t_I,�= A_ -r�•a hi e. 6rmteeo shall pay to Lhe city of Corpus Chrleti.i the amount, If any. by which ton percent of too gross sum received by Grantees for advartieSag con Leine6 oa the banks of said benches during the preceding year eiosede the aggregate amount of the ad"Bas payout. rode for that year. In the event my benches once installed at a location~ ar , under the other provisions hereof, required by the City to be re- moved and they are Opt located elsewhere in the City, than on the suit pad Bent date 0rect6.. shall receive a credit for a portion of the advance .S -2- 1 paywnt theretofore sado for such removed beushes, aeleuletea an a eouth- ly basis 14 eaaordmse�wl Lh the amber of sonths during such year that said benches were located in the City. Grantees shall keep accurate regard of all receipts for amh m.ertloing and such raw" shail at all times be subJwt to audit and inspection by the City Controller of the City of Corpus Christi. Section 4t The benches shall, whets pwsibls. be placed at locations of bus stop., on the route. of b4.ees and other public con - vsyanaee, in the area between the street and sidewalk. and in places .hare said beumes will be convenient to the use of the public. and shall not ametitute a hazard to safety or impedi -At to traffic. Gran- tees .hall furaish to the City Mnagar Of the City of Corpus Christi, a list of locations which shall be .object to the approval, in whole or in part, of the City Manager. No boom or benches shell be unstruct- ed or maintained at say location without the written .went of the ad- Smoot property owner, and until the location thereof shall have been ap- proved by the City Manager. After my beach or benches are planed at a lwetion the City of Corpus Christi shall have the right to cause same to be rnoved by Grantees. on reanonebla wtiac. it. in the Opin- ion of the City Council, Mod owes exists to require Inch renvel. Section et Upon termination of this franchise and of my exten- sion thereof, the grant hereof, ea well we the sold benches of Grantees situated in and upon the street., a—. em other publlo places, .hall, at the option of and upon the payeaut by the City of Corpus Christi to Grantee. of a fair valuation therefor, be and become the property of the City of Corpus Christi. The said fair valuation payable by the City of Owpoe DMISti to Grantees shall be ascertained by the arbitration and appraiaemm4 of a majority of three eppr jd.., ow of whom .hall be appointed by the City of Corpus Christi, me of whom shell be appointed by the Grm- teea. and one of whom shell be desigeated by the first tea appraisers so appointed by the City and Grantees. if said two appraisers shall be malls to agree upon the dosimatin of a third appraiser, or if the City or Grantees shall refuse within a period of thirty days after -3- antic. to appoint or designate an appraiser. the County . .. of Nose.. County, Texan, .ball d gignate such appraisers. The valuation so fired by a meinrity Of said three sppreleers tell act include any payment or valuation because of any value derived from the franchise or the fact that it to or may be a going ooncer. duly installed and operated. If the City Council Of the City Of Curpu. Christi shell ant de. air. on acquire the said benehas and B.,.ty by th. payment of s fair valuation therefor, then and in that avant the said beach.. tall be re- -ed from said location. by said Grants.. herein witbout Oast or ez- peuse to the City of Corpun Christi, and the eurfao —here said bananas were located tall be fully restored to their forner condition. Cation at The advartlnemeate placed and nsiutained upon said booths. by Grantee. tall not include aa..rhi.eoe.t. of alcoholic be..r- moo or of buainesaoe or eatablishme.ts whose principal business IS the manufooture, sale or handling of alcoholic beverages. Section 7, Substantial failure of the Grantees to coMply with the terms and Conditions of this frenetic. ordinance -bell Constitute sd.q.ate ground for the forfeiture of thin grant after fifteen dey- notice and hearing to Grantees. Section at Grantees horaln shall indicate in writing their so- onptsnoe of the provisions of this Ordineme within ninety days after the final passage thereof. Section 9: Grootsee shall file with the City Secretary of the City of Cnrpns Christi. before the placing of say bananas at any late - tion, the polity 0f public liability insurance i.suad by a casualty insurance company authorized to do business in the State of Taxes, ton - ditioned for the paycont on behalf of Cremess ea, the City of Gorpns Christi, an liability exists under the law, of any damages incurred by any person, firm or corporation by reason of the construction and main - tenanca of said beaches by Grantees, with linite of @10.000.00 liabil- Sty tc one person and $20,000.00 liability for one entire accident, which policy shall indennify and .eve harmleas both Grantees and City Of Corpu. 0hriatl. Section 10, If any .notion, paragraph, clause, phrase or any -4- pxvlsion or proviei ®s of this ordinance Nall be deemed, adjudged or decreed Invalid or uncca.titutional er ineffective far any ree9on, the same shall hot affect the validity of the remaining and other pro - viaioue end parts of tale ardineme. and the ddty Council d -leres that It would have paeead the valid cod effective carte and provisions of this ordinance without the lnolusiou of coy part. or provlalcna hereof which may he deemed, adjudged or decreed to be invalid, unaon- stitutional or ineffective. .5- Rb torofpleg Crdlnmee ti read tb AieL tim and pasetl to the eerovd readivg, m d1y ofv 1946, by tb follaf lvg voLa. mbert T. MlwR Aaeley E. &eels �� Jvhv A. Petrie erg£ u y R. —Y Bo R. —. Y y H. Tb foregofaig Crdlnama m reaa tb eaaovtl tAm evd Peaad m tb third dqy Hobert T. Halevv He.ley 8. Seale n. �_ Jobe V yerrie Crorge B. CL k. Jr. Z he Hey 8. Hemsy n T tewgoivg Crdivame esa reed tb third Liv aotl Pased and ordered approved by the Bayer. oo the dry of.Hi —,t••i . 1946. by Lb felloetrg wta. Hrbert T. H'Slrov eeeley b. Seale nE,Y•. . f� Jahn A. Perna �y�� Cwrgs H. Clot. Jr. fay R. 5m t, — 1PAbTgG Lhl aj± day nr il..— a . 1946. Wyvr. Citl• of CoePa ChrLii. Revs dR^Ebie CIEy b orehry dPF /�(//V�8��0�A�lYI LtC�ALtAPJt�W�r C ty— t At—Y