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HomeMy WebLinkAbout03078 ORD - 07/03/1951Yom, g n 7,e AN ORDINANCE AN ORDINANCE GRANTING TO Al ABRAMS DBA COURTESY AD- Umrslrt CG_,OMPANY, A FRANCHISE TO CONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD OF FIFE YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES IN THE CITY OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND MGWY THE SM0751EE THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED CHARGE FOR SAID FRANCHISE AND FOR PAYMENT OF A PERCENT OF THE GEMS RECEIPTS TO THE CITY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID BENCHES; LIMIT'I110 THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDIIIG FOR PUBLIC LIABILITY INSURANCE TO PROMICT THE CITY AND GRANTEE AND THE PUBLIC; CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGNMENT OF SAME, SAID FRANCHISE NOT TO BE EXCLUSIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEYAS: SECTION 1. There is hereby granted to Eli 9bramsLjlaa Courtesy Advertising C_,omapy, his heirs and assigns, for a period of five years (5) beginning the 1st day cC June, 1951, the right and authority to construct, erect and maintain at not to exceed three hundred (300) locations within the City of Corpus Christi, to be designated as hereinafter provided, benches for the use and accommodations of the patrons and users of buses and other public convoyances, and of the public generally, and to use and employ the street -side of the backs of said benches for advertising sold by the Grantee hereof to persons, firms, corporations and the public generally. SECTION 2. The benches constructed, erected, maintained and furnished by Grantee shall be substantially, durably and attractive- ly constructed of concrete bass and sides; of wooden or plastic seats and backs, and secured by metal strips and bolts, in a durable and safe manner, and shall be maintained by Grantee at all times in such condition that the same shall not constitute a menance to the safety gnd well being of any person. Grantee shall cause grass and weeds to be kept out around the benches at any place where grass or weeds grow too close to the benches for the same to be cut by arq lawn mower or cutting machines that may be operated at that point by the �o7_O City or any property owner. All benches shall be identified by number and the location of each bench shall at all times be in accordance with the approval of the City Manager or the Director' of Public Utilities of the City of Corpus Christi, Texas. SECTION 3. As compensation for this franchise and for the use of the public property herein contemplated to be used, Grantee shall pay annually in advance to the City of Corpus Christi a fixed charge of $10 per year. In addition to said fixed charge, Grantee shall pay to the City of Corpus Christi, annually, as hereinafter provided, a sum of money equal to tan percent of the gross sums re- ceived by Grantee for advertising contained on the backs of said benches during the year for which payment is being made, or the sum of $125 for each group of 25 benches or any fraction thereof, the location of which benches within said City bye Grantee has been ap- proved prior to or druing that year, whichever sum is the greater. The method of determining the amount and time for the payment of said charges shall be as follows; on the acceptance of this Fran- chise by Grantee, Grantee shall pay to the City of Corpus Christi said fixed charge of $10 for the year 1951, and shall also pay to the City of Corpus Chr sti $125 for each group of 25 benches or any fraction thereof for which Grantee has at that time obtained the approval of the City Manager and/or the Director of Public Uti]ites. Thereafter, on the approval of the City Manager or the Director of Public Utilites of the location of any additional benches, Grantee shall pay in advance of the erection of said benches a like sum of $25 for each group of 25 benches or aqv fraction thereof for which approval is obtained, payment being required at the time of request for approval by said City Manager or said Director of Public Utilities; provided, however, that if said advance payment for such additional benches becomes due more than three months after the beginning of the fiscal year ( which shall run from June 1 of one calendar year through May 31 of the next succeeding calendar year, then the ad- vance payment for the remainder of that fiscal year shall be propor- tionately reduced, so that the amount thereof for a group of 25 -2, benches shall be the fractional part of $125, which is represented by the number of months remaining in the fiscal year as the enumera- tor and by 12 as the denominator. If at any time payment is made for a group of benches numbering less than 25, no such additional payment shall be required for the location of additional benches until that group of 25 has been filled by obtaining approval of the City Manager and /or the Director of Public Utilities. In a like manner, Grantee shall pay in advance on the beginning of each suc- ceeding year of the term of this franchise, $125 for each group of 25 benches, a• any fraction thereof, than located in the City or fnr which location has been approved. At the end of each year of the term of this franchise, Grantees shall pay to the City of Corpus Christi, the amount, if any, by which ten percent of the gross sums received by Grantees for advertising contained on the backs of said benches during the preceding year exceeds the aggregate amount of the advance payments made for that year. In the event any benches once installed at a location are under other provisions hereof re- quired by the City to be removed and they are not located elsewhere in the City, then on the next payment date Grantee shall receive a credit for a portion of the advance payment theretofore made for such removed benches, calculated on a monthly basis in accordance with the number of months during such fiscal year that said benches were located in the*City. Grantee shall keep accurate record of all receipts for such advertising and such record shall at all times be subject to audit and inspection by the City Controller of the City of Corpus Christi, or other person designated by the City Manager so to do* Regrouping maybe done at the beginning of any fiscal year in accordance with a sworn written statement accom- panied 4 the advance payment for such year filed with the City Tax Collector. _ SECTION !y. The benches shall, where possible, be placed at locations of bus stops, on the routes of buses and other public con- veyances in the area between the street and sidewalk, and in places 3^ where said benches will be convenient to the use of the public and shall not conatitate a hazard to safety or impediment to traffic. Grantee she11 furnish to the City Manager and /or the Director of Public Utilities of the City of Corpus Christi, a list of locations which shall be subject the City Manager and /or the Director of Public UtilitieW to each location. No bench or benches shall be constructed or maintained at any location without the mitten con- sent of the adjacent property owners and until the location thereof shall have been approved by the City Manager and /or the Director of Public Utilities. After any bench or benches are placed at a location, the City of Corpus Christi shall have the right to cause same to be removed by Grantee on written notice, if in the opinion of the City Council good cause exists to require such removal. SECTION 5. Upon termination of this franchise and of any extension or extensions thereof, the grant hereof as well as the said benches of Grantee situated in and upon the streets, avenues and other public places shall, at the option of and upon the pay- ment by the City of Corpus Christi to Grantee of a fair valuation therefor, be and become the property of the City of Corpus Christi. The said fair valuation payable by the City of Corpus Christi to Grantee shall be ascertained by the arbitration and appraisement of a majority of three appraisersp one of whom shall be appointed by the City of Corpus Christi, one of whom shall be appointed by the Grantees and one of whom shall be designated by the first two appraisers so appointed by'the City and Grantees if said two ap- praisers shall be unable to agree upon the designation of a third appraiserp or if the City or Grantee shall refuse within a period of thirty days after notice to appoint or designate an appraiser, the County Judge of Nueces County, Texas, shall designate such appraisers. The valuation so fixed by a dajority of said three appraisers shall not include any payment of valuation becuase of any value derived from the franchise or the fact that it is or may be a going concern duly installed and operating, —1Y- If the City Council of the City of Corpus`Christi shall not desire to acquire the said benches and property by the payment of a fair valuation therefor, then and in that event the said benches shall be removed from said locaticns by said Grantee herein with- out cost or expense to the City of Corpus Christi, and the surfaces where said benches were located shall be fully restored to their former, condition. SECTION 69 The advertisements placed and maintained upon said benches by Grantee shall not include advertisements of alco- holic beverages-or of businesses or establishments whose principal business is the manufactures sale or handling of alcoholic beverages. SECTION 7. The Tax Assessor - Collector of the City of Corpus Christi is hereby designated as the proper officer to receive pay ments for and on behalf of the City of Corpus Christie Texas. SECTION 8. Substantial failure of the Grantee to comply with the terms and conditions of this franchise ordinance shall constitute adequate grounds for the forfeiture of this grant after fifteen (15) days written notice and hearing to Grantee. SECTION 9. The Grantee herein shall indicate in writing his acceptance of the provisions of this ordinance within ninety (90) days after the final passage there of. ' v SECTION 10. Grantee shall file with the City Secretary of the City of Corpus Christis before the placing of any benches at any location, the policy of public liability insurance issued by a casualty insurance company authorized to do business in the State of Texas, conditioned for the payment on behalf of Grantee and the City of Corpus Christi, as liability exists under the law, of any damages incurred by any person, firm or corporation by reason of the construction and maintenance of said benches by Grantee, with limits of 010SODO liability to one person and X20.000 liability for one entire accident, which policy shall indemnify and save harmless both Grantee and the City of Corpus Christi, Texas. SECTION 11. If aEV section, paragraph, clause, phrases or any provision or provisions of this ordiance shall be deemed, adjudged or decreed invalid or unconstitutionals or ineffective for auy reasons the same shall not affect the validity of the remaining and other provisions and prts of this ordinance, and the City ' Council declares that it would have passed the valid and effective parts and provisions of this ordinance without the inclusion of any parts or provisions hereof which may be deemed, adjudged or decreed to be invalid, unconstitutional or ineffective. SECTION 12. This franchise may be assigned only with the written consent and approval of the governing body of the City, but said franchise shall be binding upon the parties hereto as well as their successors and assigns. SECTICH 13. This franchise shall in no wise be construed to be exclusive and shall not be construed as granting to Grantee any exclusive right or privilege. SECTION 14. The foregoing ordinan ce was re d the first time and passed to the second reading, on the of June, ' `195519 by the following votes +_ LESLIE WASSERM - BARNEY COTT JACK DeFORREST Cdinar.F rrrvs.�ax SYDNEY HERNDON The foregoing ordinance was read the� second time and passed to the third readings on the/.7 day o r 1951, by the following vote. LESLIE WASSEH6fANt� A COTT JACK D eFORHEST GEORGE LO'i4 M SYDNEY HERNDON .-0 7 g The foregoing ordinance was read the third time '�and gqpassed and ordered approved by the Mayor, on the —5—day o 1951, , by the following vote: CIE WASSEMUN RARHEY COTT JACK DeFORREST GEORGE'. LONMAN ' �—SYDNEY REIi'IDOft APPROVED: 'leis the 3� y day o£ :7957 -. MA OR TEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary AP VED AS 0 LEGAL FORM: , i A or�