HomeMy WebLinkAbout02046 ORD - 03/11/1947AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE
FOR AND ON BEHALF OF THE CITY A CONTRACT WITH
ROY LAY, JR. FOR CONCESSION RIGHTS ON SOUTH
BEACH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION I. That, the City Manager of the City of
Corpus Christi be and he is hereby authorized and directed to
execute for and on behalf of the City of Corpus Christi, a con-
tract with Roy Lay, Jr. of Corpus'Christi, Texas, for concession
rights to rent floats, sell soft drinks and ready made sand-
wiches at South Beach in the City of Corpus Christi, Texas, a
copy of which contract is attached hereto and made a part
hereof and reads as follows, to-wits
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STATS ()V TFX"
CeUIrx of bUNCae
This contrast made and entered into this the
day of Fbbsuary. &- D.. 1947. by and between the City of Corpus
Clsristi, Trace. a mmielpal ecrperatton, hereinafter called "City"
and Roy Ley. Jr. of ftooee County. Pe :as, hereinafter called "Second
Party ".
That in ocusideration of the covenants herein eautained
an the part of the Second earty and his repressatatives, xo be kept
nod perroraad. the said City does hereby grant unto said Boy Lys Jr..
Second Party. the right of oauoession on South Beach, between the
south •tad of the jettisa and Buford Street, in Corpus Christi, Tsxas,
to rout floats for swimmiaj6 *nd bathing at such beach and to sell
soft drinks and ready -made sandwiches, said rights of concession to
begin ipril 1. 1947, and to end Ssptembsr 8, 194+7, subject to the
following covenants and soaditiona.
1. the Sacoand Party agrees to pay the City for said *on-
session fifteen per out (15 %) of the gross receipts received from
the rental of floats and five paroent (5%) of the net profit derived
from the sale of soft drinks aw ready -made sandwiches. said even to
be paid to the City each month on the first clay of each mouth after
the oaaaenoing of said rights of conoossiom.
— 2. The Second Party 1s to have the right to place a small
concession building ca the premises, at a location to be agreed an by
the City XwmAgar, said building to be in a000rdanoe with plans and
speoitications to be submitted by Second Party to the City Manager of
the City, and said plans and specifications are to be approved bF said
City teenager before such building is plsoed on said promises and the
Second party is to have the right to r*Wn said building from the prsddess
at the empiratiea of this lease or eoncession right - licoever, in the
event of second Party's failure or refusal to more the building rpm
the promises at the oViration of the oozoessi = period, than and
in such event said building is to boom* the property of the City.
3. The party of the Second P%A covenants and a;rws to
maintain and keep the said lbuildivs� clean and treat at all times,
slam the grou"a immediately adjacent to amid building.
4. The second party agroes to establish. keep and main-
tain at acourata sat of books on all business transactions pertain*
114; to the rental of floats each day and the sale of soft drinks
and sandwiches, and the City is to have the right to inspect said
books and records at any and all times, upon request made to the
S000nd Party. by its agents or employees.
5. Th&t the Second party shall promptly execute and
fulfill all the ordinsmas of the City corporation applicable to
said promises and all orders and requirements imposed by he Board
of dealth. Sanitary and police Departments. for the correction,
prevention and abatement of nuisances in, upon, or oonriocted with
said premises during the term of this concession at his own expense.
— d. That the Second Party shall not assign this agree -
mont or Bab -let the promises or sxr part thereof without the son -
sent of the City Manager in writing.
i• That the $eooad Parer shall not make any alterations
or addition* to building aforesaid, without the consent of the
City Manager in writia,.
0. That in a&" of default In, am of the aforesaid eswe-
nants the City may *acres the performance thereof in WW medas or
manner provided by law, and map declare the concession forfeited at
its disoreticm# and the City. its &$ants or attornsy, shall have
the right. without further notice or demand. to take possession and
remora all persons theresrom without being deemed guilty of any moaner
-a-
of trespass cad without prejudice to my roaediea for arrears in
rout sad the said City in such event my re-let the asset sassoassion
for the remabLder of the terac and the said City shall have a lion
as security for the rout aforesaid upon all goods, rarea, chattels,
fixtures, furniture and other personal property„ including the said
building which asy be put on said prmises by Second Party.
Smouted in duplicate this the day of February, A. D.
150►7.
City of Carpus Christi, Taxes
city $Y
ger
ATTEST:
APPROTRD AS TO LWAL VORMs
Attorney
Witzmasaa s
SECTION II. The necessity for adequate facilities for bathing
at South Beach and the services incident thereto creates a public
emergency and public imperative necessity requiring the suspension of
the Charter rule 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 several meetings of the City Council, and the Mayor
having declared that such public emergency and imperative necessity exist,
and having required that such Charter rule be suspended, and that this
ordinance be passed finally on the date of its introduction, take
effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO ORDAINED.
PASSED and APPROVED this 1� day of 'f3�`, 1947•
MAYOR fro -7`e e1
City of Corpus Christi, Texas
TTEE SS�JT :�/ ` /
(A /T �'
L f' _'
City Secretary
APPROVED AS TO LEGAL, FORM:
City Attorney
Corpus Christi, Texas
11 , 1947
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen;
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, hereby 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 (�nr .1Lt•K-
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote,
lesley E. Seale
John A. Ferris
George R. Clark, Jr.�
Ray R. Henry
The above ordinance was passed by
the following vote,
Ansley E. Seale —L -4c
John A. Ferris U
George R. Clark, Jr. r ,
Ray R. Henry -+�'�
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