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Home My WebLink About02248 ORD - 03/30/1948AN ORDINANCE No. 2248 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A CONTRACT WITH EDWIN JUNLG FOR THE OPERATION OF OSO BEACH MUNI. CIPAL GOLF COURSE AND DECLARING AN EMERGENCY. - 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 to execute for and on behalf of said City a contract with Edwin Juelg for the operation of Own Beach Municipal Golf Course, a copy of which contract is attached hereto and reads as follows, to sits 99 Lf 8 STATE OF TUA5 V CONTRACT AND ACRSElMWT caueTY op ruacES � WiMMS, Enna Jw16 is one emplayed by the City of Corpus Christi, Texas. as Gelf Pro at Use Beach bmIJAipal Golf Course and as such receives a salary of 'Yghteen Hundred ($1800.00) Dollars annually, also ws of the hews located at said golf course ehich has a yearly rental value of Four amdred and Ughty ($4W,00) Dollars, and, '"riWAUS, it is necessary that the Golf course, golf shop, club house and cafe be properly operated for the benefit of the citizens of Corpus Christi, To:•s, HOW, THKRWI)Rh;, XJVU14 ALL Y$i SY TH'a'Se. PRES&NTS, 'That this con- tract made and entered into this day of Varch, A. U. 1948, by and between the City of Corpus Christi, Tezu, It municipal corporation hereinafter called "the Cit3; and "Win Jwlg of Nueog► County, Sez•e, mreinsfter called "Second party",. K I_ N& S S E T A 1. Th. City hereby agrees that t?m Second }arty is to operate the Club house, cafe, and golf shop located at 9so 3.ach Ldunioipal Golf 'Aurae. nee in operation thereat, including- COneeaelon rights and the right of gale of merchandise at such businesses. 2. That the i;seond party is to he" the right to charge me- sonable charges and in consideration of this contract and the ooananta herein contained agrees to pay to the City nine (9;4) per cant of the gross receipts reoaivsd by Saoond Ysrty frog the operation of the club house. are and golf shop. This nine (9X) per cent of gross receipts is not to be on the 81800100 annual Salary paid Second Party nor on 1480,00 house rent allowed his. Second :'arty agrees to pay said nine (9%) per cent rental on or before the 10th day of each month after the data of this contract. The first payment to be suds the City not later than May 10, 1948g and a Mae paysmnt to be made cm or before the 10th day of each Xccw6din6 month thereafter. 3. Second 1—ty is to pey each month at the rate of nine per cent of the gross receipts, but in the event the annual gross receipts shall be less than a total of Twenty -fin Thousand (W50)0000) Dollars, then Second Party is to pay a gum equivalent to seven (?%) per oent of same to the City instead of nine (9¢) per cent. If the total annual gross receipts should exoesd the sun of Forty Thousand ($40,000.00) 0ollsrs, then in such event Second ;arty is to pay the City a sum equivalent to ten (10%) per cent of the gross receipts instead of said nine (9 %) per meat. It being agreed that mush adjustxent of whatever peroentaae of much gross receipts, is due the City shall be made at the last payment date bofore the expiration of thia contract. 14. It is Further understood that all green fees are to 'elong to the Ci Ly and are to be colloeted a:•.d turned over to said City and such green fees are not to be received by Second :arty. 5. This contract is to be effective as of April 1. 19W, and is to aztsnd to and through March 31, 1949. 6. The Second Party agrees to furnish such reports As mmy oe roq +rested by the director of Finauos of the City each month covering gross receipts a ^.d it is further understood and agreed that the City shall nave the right at any and All tiaes to inspect the records and back. of the ,second rArty concerning sales or operation fees at aaid Golf Course, 7• Second Marty agrees to save and keep harmless the City from any alai" or dama;;es of Any nature which might be adjudged against said City by virtue of said 3--and Party's oparatioa of the businesses herein not out and shall carry appropriate public liability and property damage insurance in favor of the City and Second :arty. 8. It is further underatood and agreed that the contract entered into by and between the Second i -arty and the City ca the 29th day of January. is 1+. 1947, covering the rental of an extension on the golf shop is hereby terminated and cancelled by mutual consent, hosever, it is understood and mead that the praxises set out in such csmalled contract are included in this contract and Second party is to have the use of same, but the rental of same is to be included in the gross receipts charge. 9. Sssond Party further agrees that he shall promptly execute' and fulfill all the ordinances of the City applicable to said premises and all ordinances and requirements imposed by the Hoard of iisalth, Sanitary and Police Departsants for the oorreation. prevention and abate- ment of nuisances in, upon or connected with said premises during the said tem of this contract at his own expense and said operations of said business" shall et all times east the standards not up by the Park Superintendent and the City ?nuager. 10- Second Party is not to sublet the said premises or any portion thereof without written pormiasion from the City. 11- It is further agreed and understood that should the —ond Party's employment at 0— 3each %114oipe1 Golf Course oease for any reason than this contract is to terminate at the date of oessatim of such employment, 12. That Second Party in case of fire or any destruction or Partial destruction of the structures located at said golf course shall give inmsediate notice to the City, who shall thereupon pause the damages to be repaired forthwith, but if the premises be by the City deemed so dasmged as to be unfit for occupancy or if the City shall decide not to ra- buiid, the oontract herein shell cease as to tno building burned or destroyed. 13- Second Party agrees to take good can of the promises and maintain same in good state and condition as they are now in and at the expiration of this contract agrees to quit and surrender came in as good state and condition as reasonable use and wear thereof will permit. 14- It is expresaly agreed and understood by and between the Parties hereof that the City shall have and by this contract has a valid first lien upon say and all of the goode, fixtures, chattel. and property of any description belonging to the said Second Party located at said golf course or to be located at the said golf cour", for any rental charges due or to beoas due by virtue of this contract, end aoW and all exemption laws in fora in this State by which said property might be hold an hereby expressly waived. -3- BXBmm is duplioato WS dq of Yarah. A. D. 1948- CITY OF COMB CHRISTI. TKW ATTIa City Numpr CIV ors APPBOV= AS TO LWAL kMM. City AttorrAW s s as r..y O jols STATS Of TUAS Q CCM'Y or IVILTsCm Q BEFORE MSS the undersigned authority, oa this day pareoaally appeared 96 R, Allen, City Manager of the City of Carpus Christi, Texas, imam to m to be the person whose same is subscribed to the foregoing inst t and acknosisdgad to me that he ezeouted the same for the purposes and consideration therein expressed and in the capacity therein stated. Liven udder W hand and seal oY office this day of March, A. D. 1y14. -- ry Public Inn and for Nueoes uoumty, Texas STATE OF MW COWN OF NUIChS WORK MR, the undersigned authority, on this day peraonally appeared •4wia Jusig. know. tc av to be the parson rnose tiaras is subscribed to the foregoing inatrumant and so"amledged to me shat ne executed the se�re for the purposes nod oouaideration tirerain axproaead. uiveu under V hand and seal of office t,,ia _ day of i.iaroh, A. D. 1948. Notary u a In and for as CounV, Texas SECTION 2. The necessity for proper operation of Oso Beach Municipal Golf Course and to provide for the comfort and welfare of the citizens of Corpus Christi creates a public emergency and public imper- ative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is intro- duped and that such ordinance or resolution shall be read at three several meetinga of the City Council, and the mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this P day of �. A. D. 1948. ATTEST: MAYOR JLU City of Corpus Christi, Texas City sa !;�6 APPROVED AS TO LEGAL FORM: sistanyuiry Attorney Corpus Chr ti, Texas 1948 TO THE MENDERS 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 vote: Wesley E. Seale John George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by following vote_ Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson M