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HomeMy WebLinkAbout03014 ORD - 04/12/1951PSI ORDINANCE AUTHORIZING AND DIRECTING THE CITY ISNAGER FOR AIID ON BEHALF OF THE CITY OF CORPUS CHRISTI TO MCUTE A CONTRACT WITH J. B. IARTIE TO GR ^_'PT TIT-- RIGBTS OF CONCESSIOP? AT TIC FEOPLES STREET T- BE.SD, CORPUS CHRISTI, TEIAS FOR A TER1I BEGIN - IIING Imy 1, 1951, AND EIMIUG M 1, 1952, FOR FIFTEEN PER CENT (15;�) OF THE GROSS RECEIPTS, ACCORDING TO THE PROVISIONS AND CONDITIONS COII- TAISIED IN SAID LEASE, A COPY OF *iHIG3 IS ATT- ACIIED HMMO AND IRDE A PART HEREOF; AND DECLARING AI EIWRGEIICY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPUS CHRISTI, TEKIS: SECTION 1. That the City Lanager be, and he is hereby, authorized and directed for and on behalf of the City of Corpus Christi to execute a contract with J. B. Lartin to grant the rights of concession on the Peoples Street "T " -3ead, Corpus Christi, Texas, for a tern beginning Pray 1, 1951, and ending Lay 1, 1952, for fifteen per cent (15,) of the gross recoipts from said conces- sion, according to the provisions and conditions contained in said lease, a copy of which is attached hereto and made a part hereof, reading as follows: r 3611 y' .•... 'THE STATE OF TMS �( " KHCf ALL MEN BY THESE PRESENTS. , CCBNYY OF BDECES ! . This contract, made and entered into this the day or April, 1951, by and between the City of Corpus Christi, Tezos, a municipal corporation acting by and through its City 23anagor, W. n. Collier, and J. B, 6fartin of Buecoa County, Texas, hereinafter called "Second Party." W I T H E S 3 E T H s I. That in consideration of the covenants herein con- tained on the part of Second Party to be kept and performed, the City does hereby grant unto said Second Forty the rights of concession on the Peoples Street "T" -Head in Corpus Christi, Hueces County, Texas, to call soft drinks, coffee, previously prepared sandwiches, ice cream, popcorn, peanuts, ohatting gum, candies, cigarettes and cigars, said rights of concession to begin 'pony 1, 1951, and to and flay 1, 1952, subjoot to the following covenants and conditions. II. Second Party agrees to charge persons patronizing said concession, for all items above described, the normal price charged for said items in park areas in the City of Corpus Christi. IZI. This privilege is granted ozolusive7y to Second Party and the City agrees not to grant to acq other person or organization the privilege of selling each items on such promises during such not period. IV. Soaond Party agrees to pay the City for said con- cession fifteen per cent (15%) of the gross receipts from the sales of the above mentioned items from said concession. All sums to be due and paid shall be paid to uho City within ten -i- days; after the expiration of each c AikAt, month after the tam thereof. V. Second Party agrees to provide the necessary faoil- itiss. equipment and staff to handle and gall any of the afore- , mentioned its= as to him may appear to be in demand end salable an the particular occasion. VI. Second Party agrees to abide by all the terms of this agreement, the rules of the City Recreation Department for the operation of said "T" -Head, and all ordinances and leas of the City or Corpus Christi and the State of Taxes in regard to the sale of such itess. In addition. Second Party agrees and covenants to keep said buildings and promises fre- qumrtod by the public patronizing the concessions of the Second Party clean and moat at all time and clear of trash, grass, paper and all rubbish. VII. Second Party agrees to keep a just and true record and account of his gross receipts, purchases, and disbursements, and City shall have the right upon demand to inspect all books, records, deposit slips, and ixrroices of Second Party pertainin to the events covered by this agreement. VIII. Second Party agree* to hold City harmless for any hurt, injury. or damage to persons or property caused by Second Party, or Second Party's employees, or any damage to persons or proportion grosing out of or resulting from the sale of merchan- dise on the said "T " -Hoad. IZ. Second Party will inour no debts or obligations on the credit of the City of Corpus Christi. Texas. -2- Witness our hands at Corpus Christi, Texas, this the, day of April, A. P. 1951- , CITY OF CORPUS CHRISTI J. . Mrtin By _ W. B. O Or CityHaaeger r ATTEST: 0. A, Vefters City Secretary APrRMED AS TO LEGAL FORD: I. M. Singer City Attorney SECTION 2. That the necessity for deriving revenue for the upkeep of said "T" -Head creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed _ finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the inyer, having declared such emergency and necessity to exist, requesting that said Charter rule be suspended and that this ordinance be passed on the date of its introduction and take effect and be in full force and ef- fect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED ACID APPROVED, This the )--day of April, A. D. 1971. ATTEST: City Secretary APPROVED AS TO IEGAL FORL:: City At orney MOR The City of Corpus Christi, Texas Corpus Christi, Texas _ _ •. - � y , 195 TO THE MEMBERS OF TBE CITY COUNCIL ' Corpus Christi, Texas Gentlemens For the reasons set Forth in the emergency clause of the fore- ' going 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, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the follmving vote: Leslie Wasserman Jack LeForrest Barney Cott Sydney E. Herndon George L. Lowman S01-4