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HomeMy WebLinkAbout02231 ORD - 03/02/1948AN ORDINANCE 2231 AUTHORIZING AND DIRECTING THE CITY P.4ANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY A CONTRACT dVITH ROY LAY, JR. FOR CONCESSION RIGHTS ON SOUTH BEACH, AND DECLARING AN ELMRGE'NCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi, Texas, be and he is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi, a contract with Roy Lay, Jr. of Corpus Christi, Texas, for concession rights to rent floats, sell soft drinks and ready made sandwiches 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 -wit: STATE OF TEXAS COUNTY OF NUECES This contract made and entered into this the day of YArch. A. D. 1948, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City" and Roy Lay, Jr. of Nueces County, Texas, hereinafter called ";second tasty ". W I T N B 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 said City does hereby „rant unto saic! Roy Lay, Jr.. Second Party, the right of concession on ;south Beach, between the south and of the jetties and r4uford street. in Corpus Christi, Texas, to rent floats for swimming and bathing at such beach and to sell soft drinks and ready -made sandwiches, said rights of concession to begin April 1, 1948, and to and September 8, 19118, subject to the following covenants and conditionag 1. The Second Party agrees to pay the City for said concession fifteen per cent (15 %) of theross receipts reoe3.ved from the rental of floats and five per cent (5k of the net profit derived from the sale of soft drinks and ready -made sandwiches, said sums to be paid to the City each month on the first day of each month after the commencing of said rights of concession. 2. The soond Party has placed a small concession building an the promises at a location agreed upon by the City Manager and the Second Party is to have the right to remove said building from the promises at the expiration of this lease or concession right. However, in the event of Second Partyts failure or refusal to remove the building from the pre- mises 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 ascend Fart covenants and agrees to maintain and keep the said builcin6 clean and neat at all times, also the grounds immediataly adjacent to said building. 4. The Second Party is to have the right to construct and maintain a float with diving facilities if and when permission is granted by the United states Army Engineers, and previously approved by the City Manager. 5. The Second Party agrees to establish, keep and maintain an accurate set of books on all business transactions pertaining to the rental of floats each day and the sale of soft drinks and send - wiohes, and the City is to have the right to inspect said books and records at any and all times, upon request made to the Seoond iarty, by its agents or emplo;ess. b. That the Second Party shall promptly execute and fulfill all the ordinances of the City corporation applicable to said promisee and all orders and requirements imposed by the Board of Health, Sani- tary and Police Departments, for the correction, prevention and abatement of nuisances in, upon, or connected with said premises during the term of this concession at his own expense. 7. That the iscond Party shall not assign this agreement or sub -lot the premises or any part thereof without the consent of the City Manazer in writing. 8. That the 4scond :'arty shall not make ar{y alterations or additions to buildiaL aforesaid, without the consent of the City Manager In writing. 9. Tliat in case of default in any of the aforesaid covenants the City may enforce the performance thereof in Emy modes or mamer pro- vided by law, and may declare the concession forfeited at its discretion, and the City, its agents or attorney, shall have the right, without further notice or demand, to take poaeession and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears in rent acid the said City in such event may re -let the sum concession for the remainder of the term; and the said City shall have a lion as seourity 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 Fart.. SUCUND in duplicate this the day of March, A. i). 19148. CITY OF CORPUS CHRirTI, TETAS By ATTESTi City Manager City Secretary APPROM AS TO LEGAL FORM: City Attorney Second Party SECTION 2. 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 _' day of March, A. D. 1948. City of Corpus Christi, Texas ATTEST: ity S r ry APPROVED AS TO LEGAL FORM: orne Corpus Christi, Texas March e 1948 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, City of Corpus Christi, Texas The Charter rule was suspended by the following vot . udesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by th ollowing vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson G���