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���