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