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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 -�d -A'4 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 -+�'� �11