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Home My WebLink About03144 ORD - 10/09/1951AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR, AND ON BEHALF-OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH BILLY PUG$ GRANTING TO THE SAID BILLY PUGH THE RIGHT TO OPERATE A BOAT.15WICE BUSINESS BEGINNING ON THE 191- DAY OF October , 1951, AND ENDING XTMNIGHT SeP T�=, 1956, FOR THREE PER CENT -(3 %) RECEIPTS ACCORDING TO THE TERMS, PROVISIONS AND CONDITIONS.CONTAINED IN SAID CONTRACT, • COPY OF WHICH IS ATTACHED HERETO AND MADE • PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF.CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized and directed for and on behalf of the City of Corpus Christi to execute a contract with Billy Pugh granting to the said Billy Pugh the right to operate a boat service business in the Corpus Christi Yacht Basin, Corpus Christi, Texas, for a term beginning on the 1s�L day of October 1951, and ending at midnight Sept. 30th, 19@. for three per cent (3%) of the gross receipts from said boat service business,according to the provisions and conditions contained in said contract, a copy of which is attached hereto and made a part hereof, reading as follows: ✓1 qq A C014TRACT THE STATE OF TEXAS d ' KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES b THIS CONTRACT AND AGREEMENT made and entered into this the day of September, 1951, by and between the City of Corpus Christi, Texas, a municipal corporati•n, acting by and through its duly authorized City Manager, W. B. Collier, hereinafter called party of the first part and Billy Pugh, of Nueces County, Texas, hereinafter called party of the second part. WITNESSETH: That in consideration of the covenants, agreements and conditions herein contained on the part of the Second Party, to be kept and perfolved, the City of Corpus Christi, Texas, does hereby grant to Second Party the franchise and right to operate a boat service business in said Yacht Basin for a period beginning on the /S,"& / iSs d st day of October, 1951, and ending at midnight September 30, 1f4$, said business to consist of performing services for boats such as washing down, cleaning, care, inspection, and making minor repairs, providing crews for boats and performing emergency work on and about boats for tho said period as hereinafter provided and specified. ; I The City of Corpus Christi, Texas, hereby ,gives and grants to Second Party, for the period hereinbefore stated, subdect to all of the terms and conditions of this contract, the full right and franchise and privilege of operating a boat service business to do and perform the following services: To care for and provide services for boats in the Corpus Christi Yacht Basin upon request of the owners of such boats, such services to consist oft 1. bashing down, cleaning, care and inspection of said boats including minor repairs. 2. To provide skippers and deckhands upon request. 3. Help perform emergency work on said boats such as hauling out, repair the same, etc. (a) Such operation is restricted to the Corpus Christi Yacht Basin and it is understood that the Second Party is operating said business as his oven business and shall be entitled to all of f the profits from the operation of said business, except that he shall pay to the City or Corpus Christi, Texas, three per cent (3s%) of the gross receipts of such buslnena which said sum shall be due and payable monthly, the f.rot payment being; due on or before the 20th' day of the month next follmTing the effective, date hereof and on or before the 10th day of each successive calendar month thereafter accompanied by an itemized statement in such farm as required by the City Controller. Second Party shall keep strict, accurate and correct books on the operations of such business and will employ a Re��istered Public Accountant or Certified Public Accountant,to certify to the correctness of said books and said books shall be open for inspection by the City Manager of the City of Corpus Christi or any person de8jgnated by him, at any and all times. (b) it is understood and agreed that second Harty, in operation of said business, for all services performed by said business, shell charge the usual and normal prices charged for such work.. (c) Second Party agrees that in the operation of said business that he will operate the same in accordance with all of the laws of the United States, State of Texas, and ordinances or the City of Corpus Christi, Texas, and all ales and regulationn in regard to the same that W be promulgated by the City Manager of the City of Corpun Christi, Texas. (d) Second Party agrees to hold the City of Corpus Christi harmless for any hurt, injury, or dmisge to persons or property caused by SPoond Pasty's operatics of said business and agroea-to carry public liability insurance upon the said business in the amount of TwOlIty Five Thvusand Dollars (225,x•00)- (e) Second Party ,agrees t+-�at he will incur no debts and obligations on the credit of the City of Corpus Christi, Tosws, in the operation of said business nor shall this contract ever be con- strued as giving him the right to do so. -2- A CONTRACT THE STATE OF TEXAS 0 KNOW All MEN BT THESE PRESENTSt COUNTY OF NUECES 0 THIS CONTRACT AND AGREEMENT made and entered into this the day of September, 1951, by and between the City of Corpus Christi, Texas, a municipal corporati-,n, acting by and through its duly authorized City Manager, W. B. Collier, hereinafter called party of the first part and Billy Pugh, of Nueces County, Texas, hereinafter, called party of the'second part. W I T N E S S E T H That in consideration of the covenants, agreements and conditions herein contained on the part of the Second Party to be kept and performed, the City of Corpus Christi, Texas, does hereby grant to Second Party the franchise and right to operate a boat service business in said Yacht Basin for a period beginning on the � /S� /i � ft day of October, 1951, and ending at midnight September 30, 194` , said business to consist of performing services for boats such as washing down, cleaning, care, inspection, and making minor repairs, providing crews for boats and performing emergency work on and about boats for the said period as hereinafter provided and specified. I The City of Corpus Christi, Texas, hereby gives and grants to Second Party, for the period hereinbefore stated, subject to all of the terms and conditions of this contract, the full right and franchise and privilege of operating a boat service business to do and perform the following services: To care for and provide services for boats in the Corpus Christi Yacht Basin upon request of the owners of such boats, such services to consist of: 1. Washing down, cleaning, care and inspection of said boats including minor repairs. 2. To provide skippers and deckhands upon request. 3. Help perform emergency work on said boats such as hauling out, repair the same, etc (f) Second Party agrees that he will at his own cost and expense employ such employees as necessary to operate said business which said employees shall solely be in the employ of Second Party and shall never be considered employees of the City of Corpus Christi, Texas. All such employees shall be covered by Workmen's Compensation Insurance, carried at the expense of Second Party who shall pay all salaries of such employees. (g) Second Party agrees to provide suitable signs around the T -Heads and L -Heads that the said business operated by Second " Party is Second Party's own business and that the City of Corpus Christi does not operate the same., a (h) City of Corpus Christi hereby leases to Second Party for the period of this contract, and subject to all of the texts of this contract, the right to use and occupy the small building owned by the City of Corpus Christi located at the intersection of the stem with the Lawrence Street T -Head and being the small house formerly used in connection with the boat of Sam E. Wilson moored at such pier. It is understood that upon the cancellation of this contract or any other cause that Second Party's right to use or occupy such building shall automatically terminate and that the City of Corpus Christi shall have the right to resume possession of said premises and through its agents, servants, or employees to eject all persons therefrom without being liable for damages to any person by reason of such resumption of possession and election of persons. Second Party shall keep said premises in a clean and neat condition and shall restore the same to the City of Corpus Christi at the end or other termination of this lease in as good shape as the same was received, material wear and tear alone excepted. It is further understood and agreed that in the event the said building shall be destroyed or damaged by fire or any other cause that the City of Corpus Christi shall have the option to rebuild or replace the same and if the City of Corpus Christi desires that it shall not replace the said house then no damages shall accrue tc Second Party nor shall there be any diminution in the percentage of the gross receipts to be paid by Second Party, but the City shall furnish equivalent accomodations in the Yacht Basin. II It is understood and agreed that the City Manager of the City of Corpus Christi, Texas, may at any time cancel upon fifteen (15) days written notice this contract upon the failure of Second Party to perform the conditions of this contract or any riles and regulations promulgated in regard to the operation of the Corpus Christi Yacht Basin, and that immediately upon such cancellation that Second Party, his agents, or enpluyees- hall have no Further right to be in and upon the said T— Heads; L —Heads and elsewhere in the Corpus Christi Yacht Basin, to operate the said business, and the City of Corpus Christi, Texas, shall have the right to take possession of and examine all books of account and other records without being liable to any claims or damages by reason of such cancellation and taking possession. ' III , It is understood and agreed that this contract is a personal contract and that Second Party has no right to assign or transfer any of the rights and privileges granted to hip+, 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 fifteen (15) days. IV Second Party shall not incur any debts or obligations on the credit of the City of Corpus Christi, Texas, nor shall he report to any persons directly or indirectly that the City of Corpus Christi operates the said business. 'fITNESSETH The hands of the partioa hereto this the day of September, A. D. 1951, THE CITY OF CORPUS CHRISTI, TEARS By ATTEST: W. B. Collier, UEY manager . W. Vetters, City Secretary APPROVED AS TO IMAL FORM: SECOND PARTS I. M. Singer, City Attorney Billy Pug SECTION 2. That the necessity for deriving revenue for the upkeep of Hay Front improvements 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 Mayor, 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 effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, This the day ofoq C' A. D. 1951- The City of Corpus Christi, Texas ATTEST: "ityoretary �OVHD AS TO FORM: i y tto Corpus Christi, Texas A TO THE MEMBERS OF THE 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 vote: Leslie Wasserman Jack DeForrest .v .- Barney Cott Sydney E. Herndon George La Lowman The above ordinance was passed by the following vote: Leslie VVasserman Jack lleForrest Barney Cott Sydney Ea Herndon George L.'Lowman r 39