HomeMy WebLinkAbout03208 ORD - 02/13/1952C5�z o'p
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY
MANAGER FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI TO EXECUTE
A CONTRACT WITH LAWRENCE F. LAKE TO
GRANT THE RIGHTS OF CONCESSION AT
THE KIWANIS SOFT BALL FIELD AND THE
JAYCEE SOFT BALL PARK OF CORPUS .
CHRISTI, TEXAS, FOR A TERM BEGINNING
MARCH 1, 1952 AND ENDING MARCH 1, 1953,
FOR FIFTEEN PER CENT (15 %) OF THE GROSS
RECEIPTS, ACCORDING TO THE PROVISIONS
AND CONDITIONS CONTAINED IN SAID CON-
TRACT, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A 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 LAWRENCE F. LAKE TO GRANT THE
RIGHTS OF CONCESSION ON THE KIWANIS SOFT BALL FIELD AND THE JAYCEE
SOFT BALL PARK OF CORPUS CHRISTI, TEXAS, FOR A TERM BEGINNING
MARCH 1, 1952 AND ENDING MARCH 1, 1953, FOR FIFTEEN PER CENT (15 %)
OF THE GROSS RECEIPTS FROM SAID CONCESSION, 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:
THE STATE OF TEXAS i
KNOB! ALL HEN BY THESE PRESENTS,
COUNTY OF M ECES
THIS CONTRACT, MADE AND ENTERED INTO THIS THE DAY OF
1952, AY AND SETWCEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION ACTING BY AND THROUGH ITS CITY MANAGER,
W. $. COLLIER, AND LAOIREHG£ F. LAKE OF NUECC$ COUNTY, TEXAS, HEREIN-
AFTER CALLED `SECOND PARTY ".
4d i tNE83f:TF1
1
THAT IN CORSI IPERATION OR THE COVENANTS HEREIN CONTAINED ON
THE PART OF SECOND PARTY TO BE KEPT AND PERFOR14COo THE CITY DOES
HERESY GRANT UNTO SECOND PARTY THE RIGHTS DF CONCESSION AT THE FOLLOW
INS LCCATIONS2
1. KIWANIS SOFT SALL FIELD LOCATED IN NORTH
13EACH AREA IN THE CITY OF CORPUS CHRISTI,
Nu£cEs COUNTY, TEXAS,
2. THE JAYCEE SOFT HALL PARK LOCATED NORTH
OF THE W. 8. RAY HIGH SCHOOL GROUNDS IN
THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, Tens;
TO SELL SOFT DRINKSy COFFEE, SANDWICH&$,, ICE CREAM, POP CORN, PEANUTS,
CHEWING GUMi CANDY; CICARETTBS AND CIGARS, SAID RIGHTS OF CONCESSION AT
EACH OF SAID LOCATIONS TO BEGIN WACIi 1, 1952 AND TO END MARCH 1, 1953,
SUBJECT TO THE COYENANTS AND CONDITIONS HEREINAFTER PROVIDED. THE
PROVISIONS HEREIN CONTAINED SHALL APPLY TO EACH Of THE LOCATIONS ABOVE
OESCRIBEO, SEPARATELY AND COLLECTIVELY, AND FAILURE TO COMPLY WITH THE
PROVISIONS HEREOF 'AS TO EITHER OF THE TWO SAID LOCATIONO SHALL CONSTITUTE
A BREACH OF THIS CONTRACT.
ii
SECOND PARTY AQAEES TO CHARGE PERSONS PkYRONIEING SAID CON-
CESSION, FOR ALL ITEMS ASOVE DESCRISEO,-TNE NORMAL PRICE FOR SAID ITEMS
IN PARK AREAS IN THE CITY OF CORPUS CHRISTI.
Iit
THIS PRIVILEGE I$ CRAHTED EXCLUSIVELY TO SECOND PARTY AND
THE CITY AGREES WT TO GRANT TO ANY OTHER PERSOU OR ORGAMtZAT1614 THE
ORIVILtor OP 5Stt ttla SVCH ITEMS ON SUCH PREMISES DURING SUCH SET
MUM.
IV
SECOND PARTY AGREES TO PAY THC CITY FOR SAID CONCESSION
FIrTEEH (10) PER CENT OF THE QMSS RECESIsTS FROM THE SALES OF THE
ABOVE ITeNTtOHEp ITEtRB FROst SAID C4NCESSioa. ALL SUMS TO DE DUE AND
PAID SHALL Fit PAID TO THE CITY WITHIN, TEN DAYS AFTER THE EXPIRATION OP
EACH CALENDAR HOHYH DURING THE TERM HEREOF.
V
SECOND PARTY AGREES TO PROVIDE THE NECESSARY FACILITIES,
EQUIPUCNT AND STAFF TO HANDLE AND SELL ANY OF THE AFOACMENTIOHED ITCM9
AS TO MIFI MAY APPEAR TO BE IN DEMAND AND SALABLE DH THE PARTICULAR
SOFT BALL SAME OR OCCASION.
of
SECO140 PARTY AGREES TD ADIDE BY ALL THE TERMS OF THIS AGREE^
mwa, THE RULES OF THE CITY ftCREATIGH EICPARMNT FOR THE OPERATION OF
THE SAID SOFT BALL FIELDS, AND ALL ORDINANCES AND LAWS DF THE CITY O6
CORPUS CHAIST/ AND TIRE STATE OF TEXA$ IN REGARD TO THE SALE OF SUCH
ITEMtD. IN ADDITION} SECOW PARTY AGREES AND COVENANTS TO KEEP SAID
BUILDINGS- AIM PREiS IM FREQUENTED BY THE PUBLIC PATRONIZING THE
COHCES$1ONS OF 9731: SECOND PARTY CLEAN AND HEAT AT ALL TIKES Alto CLEAR
OF TRASH$ GRASSY PAPER AND ALL RUBBISH.
Vill
SECOND PARTY AGREES. TO KEEP A JUST AHD TRUE RECORD AUD ACCOUNT
OF HtS GROSS RECEIPTS, PURCHASES, AND 0188URSEHERtTSp AND CITY SHALL HAVE
THE RIGHT UPON DEMAND TO INSPECT ALL BOOKS,, RECORDS,, DEPOSIT SLIPS AND
INVOICES OF SECOND PARTY PERTAIHINO TO THE SOFT BALL GAMES AND EVENTS
COVERED BY THIS AGREEMZNT.
V ►II
SECOND PARTY AGREES 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 PROPERTIES
GROWING OUT OF DR RESULTING FROM THE SALE OF !MERCHANDISE ON THE SAID
SOFT SAL#, FIELDS.
IX
SECOND PARTY WILL INCUR NO DEBTS OR OBLIGATIONS ON THE
CREDIT OF THE CITY OF CORPUS CHRISTI, Tema.
WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS, THIS THE
DAY Of a 1952.
CITY OF CORPUS CHRISTI, TEXAS
8Yi
W. ig. COLLIER, CITY WHAGER
ATTESTM
C. W. VETTERS, CITY SECRETARY
APPROM AS TO LEGAL FOPM:
+ 04. SINGER, CITY ATTORNEY
SECTION 2. THAT THE NECESSITY FOR DERIVING REVENUE FOR
THE UPKEEP OF SAID PARK 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
zt
DAY OF FEBRUARY,
A. D. 1952.
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY , TTORNEY '
1 '
Corpus Christi, Texas
/-� /—? 19672—
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
<U. For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion 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,
P- i
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by
the following vote:
Leslie Wasserman
-
Jack DeForrest
/
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
The above ordinance was passed by the following vote:
Leslie Wasserman _
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson