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HomeMy WebLinkAbout03022 ORD - 04/17/1951AN ORDIVANCE AUTHORIZING AND DIRECTING THE CITY MANAGER ' TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, AN AGREEMIT AND CONTRACT WITH TOM LAYMENCE, EMPLOYING SAID TOM LAMMICE AS GOLF PROFESSIONAL AT A SALARY OF 0325 PER MONTH IN THE MUNICIPAL GOLF COURSE AND LEASING TO HIM THE GOLF SHOP AND CAFE LOCATED IN SAID ITNICIPAL GOLF COURSE FOR A PERIOD OF WO YEARS FOR AND IN CONSIDERATION OF TILE' COMPENSATION TO THE CITY OF FIVE PER CENT (5 %) OF ALL GROSS RECEIPTS DERIVED THEREFRO14 P.ND UNDER THE TERMS AND CONDITIONS OF SAID LEASE A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF READING AS FOLLOWS, AND DECLARING All EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEAS: SECTION 1. That the City Manager of the City of Corpus Christi, be and he is hereby authorized and directed to execute an agreement and contract with Tom Lawrence, em- ploying said Tom Lawrence as Golf Professional at a salary of Three Hundred Twenty -five and no/100 (0325) Dollars per month in the i:mieipal Golf Course and leasing to him the golf shop and cafe located in said Municipal Golf Course for a period of two years for and in consideration of the compen- motion to the City of five per cent (%) of all gross receipts derived therefrom and under the terms and conditions of said lease, a copy of which lease is attached hereto and made a part hereof reading as follows: t Contract THE STATE OF :ERAS 0 COUNTY OF HO3CES Q 2SM AOPMXMT AHD C7MMACT made Bad entered into this the d;p of April, 19511 by and between the CITY G8 CORPUS CHRISTI, 2127415, a =Mioipal corporation, acting by and through its City Manager, W. D. Collier, Bad TOM LAWRENCE of Husces County, Texas, hereinafter called "Second Party", • IfITtd8S8ETAs That in consideration of the covenants, agreements _ and conditions heroin contained on the part or Second Party to be kept and performed, the City of Corpus Christi, Texas, does hereby employ Second Party as The Golf Professional at the Oro Municipal Golf Course for a period boginning on April lb, 1957„ and ending at midnight April 15, 1953, subject1to an of_rt)i@sterms apd: conditions of this contract, and does lease to Second Party the Golf Shop and the Cafo located at the Oso 1hulici.pal Calf Course for the said period as hereinafter provided end specified. The said Tom Lawrence is hereby employed as Golf Professional at a salary of Throe Hundred Twenty —five and no/100 ($325) Dollars par month, which said salary shall be paid in sari — monthly inata7lments in the Balm manner as other City employees are paid, and the said Tom Lawrence shall be entitled to vaca- tion pay mad the other privileges of City employees during the term of this contract= except, that he sha1.1 cover be considered as being under the Civil Service of the City of Corpus Christi, Tema. His duties and rights, and liabilities an such are as follower (a) Seaond Party Chan be in charge of and shall have the supervision of the One Municipal Golf Course and as such shall perform all duties and responsibilities as are required of him by the laws of the State of Texas and the ordinances of the City of Corpus Christi, Texas, and such other functions, duties, -�lr and pavers as may be assigned to him by the City Fkmager. He shall super- visa and operate the said Oso Unieipal Calf Course in strict mccordanoa with any and all rules and regulations non in force in regard to said course and that may hereafter be proralgatcd by the City Manger or the Park Superintendent of the City or Corpus Christi, Teals, under the direc- tion of the City %nefor. (b) Second party shall be the =ecutivo and administrative head of the Duo 1mnieipsl Golf Course and shall exercise end perform all the duties usually aaarcised and porfmned as such a2d shall have control, supervision and authority over all ofhasrs and employees of said course. (a) Second Party shall have control over the operation of said golf course and shall be charged with the duty of keeping the grouads, faireuya, greens, teen and any and all property of said Ova Buntoipal Golf Course in goad repair and ahall suporviso any and all work done on said golf course. (d) Second party shall enforce or cause to be enforced all rules end regulations governing the playing of golf on said golf course that ray new be in force or my hereafter be promulgated by the City V=- agar of the City of Corpus Christi, Texas. (a) Second Party shall collect all Green flees, Konthly Eaton, and other charges non in force in regard to said Ono Uunlaipal Golf Course or as my hereafter be established by the City rkanager of the City of Corpus Christi, Toms, at no cost or charge to the City of Corpus Christi, Texas. He shall present oath and every player with a ticket shoeing data and serial number that corresponds to the receipt tape an tba cash register at such golf course end *ball permit no person to play on said course without having in his possession such ticket, anlf*a specifically author- ised by the City Clanger. So shall leap strict and accurate books of account of all green fees, monthly rates and other charges collected by him and shall deposit all ouch fees, rates, charges, and the cash register receipt tapo, with the City Controller at such Sntervala, sad accompanied by a report in such form, as required by the City Controller. The said books of account hereunder shall be open for inspection at all time. Be shall likewise make a monthly itemized report to the City kana@ar and/or Park Superintendent of such collections. (f) Second Party shall furnish a good and suffioicnt bond in the sum of aot_less than One Thousand and no /loo ($1,000) Dollar.,, with the surety thereon a Corporate surety duly licensed under the leas of the Stato of Texas to writo fidelity bonds, conditioned that Second Party shall pay over to the City of Corpus Christi all green face, ninthly rates and other charges collected by him. (g) Second Party shall have tbo rlCftt to give, or cause to be Ewen, golf le9aDna at his own expanse and all revenues therefrom shall be the property of Second Party. II Tho City of Corpus Christi, Texas, hereby leases to Second Party, for the period hareinbofore stated subject to all the terms and conditions of tHs contract as follows (a) The Golf Shop red all of its equipment located at the Oso Wenicipal Oolf Course= and (b) The Cars and its equipment now located at the Mmicipal Golf Course and looker room and its equipnent. It is understood that on or boforo April 16, 1951, that second Party and the City of Corpus Christi, Texas, shall make or cause to be made an accurate andocmplote inventory of all of the stock of merchandise in the Golf Shop and Cafe, and Second Party will forthwith pay to the City of Corpus Christi, in cash, the cost price of such stock of goods as revealed by said inventory. it is understood that a true and correct inventory shall be made of all or the fixtures andquipmant of said Golf Shop and the said Ca£o, said inventory to be made in quadruplicate, and a copy thereof delivered to the City Controller of the City of Corpus Christi, Texas, the City, 15anager, and the Second Party, and a copy attached hereto and made a part hereof. It is understood and agread that Second Party shall operate said buainasees as his awn business and shall be entitled to all of the profits from the operation of said businesses, except that he shall pay to the City of Corpus Christi, Texas, Five For Cant (58) of the Gross Receipts of such basinevess, which said sum shall be due and payable monthly, the first pint being due on or before the tenth day of the somth next following the effective date terser and an or before the tooth day of each successive oalondar month thereafter accompanied by an item- ized statement in cuoh form us required by the City Controller. Sasond Party agrees to keep strict, accurate end current books on the operations of such busineszov and to employ a Recistorad Public Accountant or Car - tified Public .Aecomutent to keep maid books and said books shall be open for inspection by the Cit7 Eger of the City of Corpus Christi, Taxes, or awr Person designated ty him, at any and all times. III It is understood and agreed that Second Party sill take good cart of the parourml property and real property hereby leased and domised to him and suffer no waste and will deliver the said property back to the City of Corpus Christi, Taxes, at the expiration or other termination of this loazo in the same condition as the saw vas received, natural wear end tear alone excepted. ZF It is undoratood and Wood that minor repairs to the build- ings occupied by the Golf Shop and Cafe hill be made by Second Forty at him own cost and expense, and that tho major repairs to the same will be made by the City of Corpus Christi, after the mood therefor has beam determined by the City Tamaeaar, whose decision on the some •shall be final, It is further understood and agreed that in me event shall Second Party evor have or claim any ftmaLoa for failure of the City to rake any major repairs uuleos the said City shall have had written notice of the mead of such repairs at least ten (10) days prior to time of the darago, and it has failed and refused to sake such repairs. Second Party is to keep the plumbing frev from all obstructions and hasp the promises around the buildings, and the buildingu, clean and free from rubbish, traoh, etc., at all times. V It is further understood end agreed that Second Party mop sublet the cafe and looker rams herein leased with the consent and approval of the City Manager first had and obtained in writing, but it is further understo d and agreed that Second Party shall main responsible for the faithful performance of all the pro- visions to this contract by any such cub- lessee. YI It in undorstood and agreed that Second Party, in the operation of said cafe, for all of the item sold therein, shall make the usual and aormal prices charged in the park areas in the City of Corpus Christi, Texas. VII City of Cox-pa Christi, Texas, agrees that it will not while this agreement is in force and affect grant t, any other perscn or organ oration the privilege of selling at the Gso Munici. pal golf Course any of the items sold by the said cafe ,r Golf Shop. �; VIII Second Party agrees that in the operation of said Golf Shop and Cafe that he will operate the esme in accordance with all of the lass of the United States and of the State of Texas, and ordinances of the City of Corpus Christi, Texas, and all rules and regulations in regard to the same that may be pro- mulgated by the City Manager of the City of Corpus Christi, Texas, I% Second Party agrees to hold the City of Corpus Christi harmless for any hurt, injury or damage to persons or property caused by Second Party's operation of said Golf shop and Cafe and agrees to carry public liability insurance upon the said bus - insases"in the amounts and upon the Conditions as the City Manager may sea fit to require, Second Party agrees that he will incur no debts or obligations on the credit of the City of Corpus Christi, ?etas, In the operation of said businesses. I Second Party agrees that he will make no alteratidne in the buildings hereby leased without commit of the City Uana- gar or Park Superi- Aendent in writing is first had and obtained. %I It is understood that the City of Corpus Christi' Texas, shall furnish the man and equipment necessary to keep up the fairways, grounds (except the buildings hereby, leased) and will maintain the sailer and that Socand Party, in conjunction with the Park Superintendent of the City of Corpus Christi, Texas, will supervise all such work, and property of the said Cso Municipal Golf Course. X11 It is understood that this Contract is not severable. AZII Second Party agroaa that, at his own rest and ex- peons, he will employ a starter and other employees to operate the said businesses, which said starter and other employees shall be solely in the employ of Second Party$ and shall never be cLrr- sidered employees of the City of Corpus Christi, Texas. It is further understood that each starter shall supervise the play in accordance with the rules and regulaticna of the ^so Manici- pal Golf Course at all times, and Second Party agrees to employ sufficient employees as the City manager shall doom necessary for the operation of said businesses. 611 such employees shell be covered by Workmon +s Compensation, carried at expense of Second Party who shall pay all salaries of sll such employees. 611 such employees shall be approved by the City Manager and/or Park super- intendant. AIP ` It is understood and agreaad that Second Party shall Carry burglary and theft insurance to protect all suns of money collected by Second Party as groan fees, monthly rates and other charges due them City of Corpus Christi, and collected by Second Party. IV It is further understood and agreed that the Coo Municipal Golf Course is protected by a motor patrol service that has been satisfactory and that such service shall be eon- _ tinned at the discretion of the Park Superintendent and City Manager, and as long as the sane shall be continued that the cost of such service shall be paid as follows: 50% shall be paid by the City of Corpus Christi and 50% by Second Party, which said compensation shall be paid on or before the tenth day of each calendar month. P.9I It is further understood and agreed that the City Manager of the City of Corpus Christi, ;etas, map at =7 time cancel this contract upon the failure of Soc3nd Party to per- form tho conditions of this contract or any rules and regula- tions promulgated in regard to the operation of the ass hiunioi- Pal Golf Course, and that immediately upon such cancellation that the City of Corpus Christi, its agents, servants, and on- ployeas shall have the right, without further notice or demand to re -enter and take possession of all of the property herein leased and demdaed and remora all persons therefrom without be- ing liable for any chins for damages by reason of such can - eellation and resumption of possession. It is further agreed that invent the same d:all be cancelled as aforesaid by the City Manager the City of C_rpus Christi shall purchase from Second Party any usuable equipment and merchandise that he might have in said Golf Shop which he shows as being fully paid for at the cost price of the same. nix Second Party agrees to provide suitable signs at the Golf Shop and Cafe advisi -.g the public that such businesses are operated by Second party and arm not operated by the City of Corpus Christi, Texas. It is understood and agreed however, that this contract is a personal contract, and that the same will terminate upon the death of Second Party, or the inability of Second Party to perform the duties hereunder for a period of time NITNESSETH The hands of the parties hereto this the day of April* A.D. 1951. TIE CITY OF COEFDS CIIRISTI, TEXAS ATTESTt BY ff. B. Uol.Uer, Crw Manager . w. a rs City Secretary APPROVED AS TO LEGAL FORM- SECOND PARTY: I. •N. ger am ce City Attorney SECTION 2. That the necessity for providing for a Golf Professional at said municipal Golf Course and making and / entering into a contract immediately for the operation of said Municipal Golf Course and its concessions, profitable to the City of Corpus Christi and as a public service as a part of the park and recreational progress of the City of Corpus Christi, creates a public emergency and public imperative'necessity re- quiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is intro- duced 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 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 P_CCORDIl•IGLY SO ORDAINED. PASSED AND APPROVED This day o£ A. D. 1951• YV _� 19AYOR ATTEST: City of Corpus Christi, Texas City Secretary C APPROVED AS TO LEGAL FORM -. City Attorney Corpus Christi, Texas TO THE MUMS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, 36 _2a 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 following vote: Leslie Wasserman Jack DOForrest Barney Cott (�yd& Sydney E. Herndon —�_ George L. Lowman 36 _2a