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HomeMy WebLinkAbout02062 ORD - 04/15/1947AN ORDINANCE = =z - , --- AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO FMCUTE FOR AND ON BEHALF OF THE CITY A CONTRACT WITH C. R. BOYER FOR A CONCESSION RIGHT TO SELL MINNOWS AND BAIT AT THE DAM SITE AT LAKE CORPUS CHRISTI IN SAN PATRICIO COUNTY, TEAS, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASt SECTION 1. 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, Texas, a contract with C. R. Boyer of 3101 Upriver Road, Corpus Christi, Texas, for con- cession rights to sell minnows and fishing bait just below the dam site at Lake Corpus Christi, in San Patricio County, for the months of June, July, August and September in 1947. A copy of such contract is attached hereto and made a part hereof and reads as follows, to -wit: STATE OF TEXAS COUM or NUISM This contract made and entered into this the day of April. A. D.. 1947. by and between the City of Corpus Christi. Texas, a municipal oorporation, hereinafter called "City" and C. B. Boyer of Sueces County, Texas, hereinafter called "Second Party ". kf I T N E s s E T H That in consideration of the covenants herein contained on the part of the Second Party and his representatives, to be kept and performed. the amid City does hereby grant unto said C. H. Boyer. Second Party, the right of concession just below the dam site at Lake Corpus Christi, in San Patricio County, Texan, to sell minnows and wishing bait, said rights of oaaosssion to begin June 1. 1947. and to end September 30, 1947, subject to the following oovenants and conditionsi 1. The Second Party agrees to pay to the City for such concession the sum of Fifty Dollars 050.00} to be paid in advance. 2. The :second party is to have the right to place a small concession building on the premises, at a locations to be agreed on by the City Manager, said building to be in accordance with plans and Specifications to be submitted by Second Party to the City Manager of the City, and said plans and speci,fioatims are to be approved by said City Manager before such building is piased as said premises and the Second Party is to have the right to remove said building from the pre- mises at the expiration of this lease or concession right. however, in the event of 30aond .Party's failure or refusal to move the building from the promises at the expiration of the concession period, then and in such event said building is to become the property of the City. 3. The party of the Second Part covenantm and agrees to maintain and keep the said leased premises clean and neat at all times, 4. Met the Second Party shall not assign this agreement or sub -let the premises or any part thereof without the consent of the City Manager in writing. 5. The Second Party &&ruses to keep the location used in a clean and satisfactory condition and will remove all acomwlation incident to his operations at the close of the period specified. 6. The party of the Second Part agrees to ]mop the said City harmless from any damages and claims against than that sight arise by virtue of negligence an the part of the Second Party in his operation of said bait selling staid. %. That in case of default in a{�r of the aforesaid covenants the City may enforce the performance thereof in any modem or manner provided by law, and may declare the concession forfeited at its disoretion, and the City, its agents or attorney,, shall have the right, without further notice or demand, to take possession and remove ell persons therefrom without being doomed guilty of ary meaner of trespass and without prejudice to any remedies for arrears in rent and the said City in such event ms�y re —let the same concession for the remainder of the tam, and the said City shall have a lien la security for the rent aforesaid upon all goods, wares, chattels, fixtures, furniture and other personal property, including the said building which may be put on said premises by :.second Party. Executed in duplicate this the day of April, A. D. 1947. CITY OF CORPUS CHRISTI, TUm r LTTEST. o ou"W-Hy- My re APPROVED AS TO IAG&L FORM, orney witnsssese SECTION 2. The necessity for adequate facilities for the use of Lake Corpus Christi by the citizens 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 ouch 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 day of .April, 1947. i R City of Corpus Christi, Texas ATTEST: City SOOrsfarY V 5 Of y At-tor Corpus C!Vsti, Texas April —' , 19117 TO THE MEMBERS OF THE CITY COU14CIL 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, R City of Corpus Christi, Texas The Charter rule was suspended by the following votes Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry Joe Dawson The above ordinance was passed by the following vote: Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry Joe Dawson '�'rt