HomeMy WebLinkAbout02418 ORD - 11/30/1948AN ORDINANCE
GRANTING TO HARffi AND FASEELr, SOEM, GO-
PARTNERS, DOING BUSINESS AS TIM COURTESY '
ADVERTISING COMPANY, A FRANCHISE FOR A
PERIOD OF FIVE (5) YEW TO CONSTRUCT,
MOT, PLACE AND MAMA TA TRASH CABS, ON
SIMI{s ALAS IN THE PRIMARY BUSINESS DISTRICT
OF TBE CITY OF CORPUS CHRISTI. TM , AS
SUCH DISTRICT IS DEF M AND ODTLIM BY
THE ZONING ORDINANCE AND ZONING MAP OF SAID
CITY; TO DBE AND EMPLOY THB SIDSB OF SAID
CANS FOR ADVERTISING BY SIGNS PLACED THERE-
ON; PROVIDING FOR A FIXED GRAM FOR SAID
FRANCHISE ABM FOR METHODS OF PAYMENT TO THE
CITY OF CORPUS CHRISTI; PROVIDING FOR THE
DESIGNATIONS OF LOCATIONS AND THE PROPER
CONSTRUCTION AND IAINTENANCR OF SAID TRASH
GANS; LIIITING THE CHAR&OTQa AND KIND OF AD-
VERTISING TTED; PROVIDING FOR PUBLIC
LIABILITY TO PROTECT THE CITY, GRANTEES ABM
THE PUBLIC.
HE IT CHDAIRM BY THE CITY COUNCIL OF THE CITY OF CCRPOS CHRISTI,
TMS:
SECTION 1. There is hereby granted to Harry and Haskell Sobol,
co- partners, doing business as The Courtesy Advertising Gompelw, for a
period of five (5) years, beginning with the ,fday of r cy„ ,,,�.G.•,
n4a, the right and authority to construct, erect and maintain trash cane,
at various locations within the Primary Business District of the City of
Corpus Christi, as such distriat is defined and outlined by the Zoning
Ordinance and Zoning Map of the City of Corpus Christi, for the purpose
of aiding and promoting sanitary conditions and for the use of and so-
aommodstions to the public generally for the disposal of waste paper and
trash, and to uss and employ the sides of said cone for advertising to
be sold by the Grantees to persons, firms, corporations, and to the
public generally, subject to conditions hereinafter set out.
SECTION 2. The trash Gana constructed, created, maintained
and furnished by Grantees shall be substantially and attractively con -
struoted of ppgalvanized sheet iron metal, not more than twenty -four (24)
inches in wiWth and thirty-six (36) inches in height, with swinging
doors on the top of said as= for the disposal of said waste paper and
trash, which swinging doors shall bear on each aide thereof, in large
and legible letters, the words oPLHASB HELP US KEEP CORPUS CHRISTI
CLEAN." Said top parts or doors shall bear no other signs or any kind
of advertising, the sides of said cans only being reserved to Grantees for
advertising purposes. No means of advertising shall be used except by
painting directly on the surface of the cans. Each of said cans shall be
secured by two bolts to the sidewalk in durable and safe manner, so that the
same shall not constitute a menace to the safety and well being of any per-
son. Said cane shall be placed on the edge of the sidewalk, unless the City
Manager instructs them to be placed elsewhere os the sidewalk. Said cans
shall have burlap bags hooked on the inside thereof so as to make it easy.
to empty said trash and waste from the cans by City trash collectors.
SECTION 3. No advertising sign shall be placed on any can which
at the time of placing is nearer tbanj48j0L_feet from any sign which
advertises a product that competes an the market with the product advertised
on such can.
SECTION 4. As compensation for this franchia and for the nee of
the public propertyy Grantees shall pay annually in advance to the City of
Corpus Christi a fixed charge of Ten Dollars ($10.00) per year, and as
additional consideration Grantees shall pay to City annually as hereinafter
provided a sum amounting to five dollars per year for each ban installed,
or the sum of $250.00 for each group of 50 cans or any fraction thereof
located within said City by Grantees during the year. The method of de-
termining the amount of and the time for the payment of said charges shall
be as follows# On the acceptance of this Franchise by Grantees, Grantees
shall then pay to the City of Corpus Christi, said fixed charge of $10.00
for the year 194.,and shall also then pap to the City of Corpus Christi,
$250.00 for each group of 50 cans or any fraction thereof for which Grantees
shall have at that time obtained locations approved by the City Manager.
Thereafter, Upon the location of any additional cans, Grantees shall pay,
in advance of the erection of said cans, a like sum of $250.00 for each
group of 50 cane or any fraction thereof; provided, however, that if said
advance payment for such additional cane becomes due more than three months
after the beginning of the year, then the advance payment for the remainder
Of that year shall be proportionately reduced, so that the amount thereof
for a group of 50 cans shall be the fractional part of $250.00 which is
represented by the number of months remaining in the year as the numerator
and by twelve as denominator. If at any time payment is made for a group
of 50 case and a smaller number of was is installed at that time, no such
additional payment ahall be required for the location of additional cane
until that group of 50 has been filled, but locations of additional cane
must have advance approval. In like manner, Grantees shall pay in advance
on the beginning of each succeeding year of this Franchise, $250.00 for each
group of 50 cans and any fraction thereof then located in the City. Grantees
agree to keep an accurate record of -all proceeds from said cans, and submit
a statement prepared by and certified to be a licensed public accountant to
the City of the gross profits, and the City has a right to make a flat charge
of 1e from all gross profits, or the $250.00 annual charge for each 50 cane
and fraction whichever may be the larger sun to the City, either the flat
rate or the 30% from the gross profits, the City has the right to audit the
records of The Courtesy Advertising Company as often as it may wish.
SECTION 5. Locations of said Trash Cam in the Primary Business
District shall be determined by Grantees, subject to prior written approval
by City Vd Ser before placing on the sidewalk, said cane shall be placed
where they will be convenient to the we of the public and shall not consti-
tute a hazard to the safety or impediment of traffic. Should say can in the
judgment of the City Manager be a menace to the public safety or an impedi-
ment to traffic, the City shall have the right to news same to be removed
by Grantees on five (5) days' written notice,
SECTION 6. The advertisements placed and maintained upon said
cane by Grantees shall not include advertisements of alcoholic beverages
or of businesses or establishments whose principal business is the manu-
facture, sale or handling of alcoholic beverages.
SECTION 7. Substantial failure of the Grantees to comply with
the terms and conditions of this Franchise ordinance shall constitute ade-
quate ground for the forfeiture of thin grant after fifteen days notice
and hearing to Grantees.
SECTION B. Grantees herein shall indicate in writing their
acceptance of the provisions of this ordinance within fifteen (15) days
after the final passage thereof.
SECTION 9. Grantee shall file with the City Secretary of the
City of Corpus Christi, before the placing of any was at any location a
policy of public liability insurance issued by a Casualty Insurance
Company authorised to do business in the State of Texas, conditioned
for the payment on behalf of Grantees and the City of Corpus Christi,
ae liability exists Under law of any damages incurred by any person,
firm or corporation by reason of the construction and M n+ sure of
said cans by Grantees, with limits of,010,000.00 for any one accident,
which policy shall indemaifj. and save harmless both Grantees and the
City of Corpus Christi, Texas.
SECTICF 10. If say section, paragraph, olause or phrase or
any provision or provisions of this ordinance sball be doomed, adjudged
or decreed invalid or Unconstitutional or ineffeative for any reason the
same shall not affect the validity of the remaining provisions and parts
of this ordinance.
The foregoing Crdinance was read the first time and passed
to the second reading on the_/jLday of November, 191x8, by the follow-
ing votes
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
n
R. R. Remy i
Joe T. Dawson
The foregoing Ordinance was read the second time and passed
to the third reading on the.Oj3 day of November, 10, by the follow-
ing vote;
Wesley E. Seale
George E. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The foregoing Ordinance was read the third time and passed and
ordered approved by the Mayor, on the d/4V0AwsR
30 day of Bemeales, 1946. by the
following votes
Wesley N. Seale
George H. Clark, Jr. /%
John A. Ferris
R. R. Geary
Joe T. Damson
�JmJ� OB
APPEO'4ED this_ 3L p day es�1�14
ox
ATT3T: City of Corpus Christi, Texas
1 Sea
AITROM AS TO LEGAL FMMt
r j
AZZorney__
February 9yh, 1949.
htr.H.H.Allen,
City manager,
Corpus Christi, Tex.,
Dear Sir
This is to advise you, that vie are ooin; to place
Trash Cans, on the following places, as described herwith bellow.
On both sides on N.Chap+peral St. begining an 100 block and following
UP to 800 Block.
On both sides on N.VAter St, Begining on 200 block and following
UP to 700 Block.
On both sides on N.&Yesquite St, Begining on 200 block and following
up to 700 Block.
On the East side of Lower Broadway, Begining on 200 block and
following up to 700 Block,
On the west side on Upper Broadway, begining on the 200 block and
following up 600 Block.
On both sides on S.Alemeda, begin.inb on 1600 Block and up oncludinL
1800 Block.
On both sides on S.Staples, Begining on 200 block and following up
to 1800 Block.
On both sides on Leopard St, BegininF, on Upp,-r Broadvrayy and *'ollowing
up to the end of the streets.
On both sides of Ayers St. begining on 1100 Block and folloviin- up
to the end of the street.
i,awreth sides jnof the following streets, Starr, Peoples, Shartzell,
illiams Streets Begining on Lower Bradway and following
each block up to Eater St.
ti`ee are submithing for your aproval, Thanking you,
are very truly yours,
Courte r dvertising Co.
By
Harry /S ol.
Deoember 2, 1948
Mayor and Members of the City Counoil
Corpus Christi, Texas
Gentlemen:
This is to advise that we hereby accept the provisions
of Ordinance No. 2418 passed and approved by the City Counoil on
the 30th day of November, A. D. 1948, granting us a Franohise
to construct and maintain trash cans in the City of Corpus
Christi, Texas.
Yours very truly,
Harry and Haskell Sobol,
Co- partners, d%b/a
THE COURTESY ADVERTISING COMPANY
1jESk