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HomeMy WebLinkAbout03251 ORD - 04/15/1952AN ORDINANCE AUTHORIZING AND DIRECTING THE CLTY MANAGER TO EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH ASSOCIATED AVIATION UNDERWRITERS FOR RENTAL OF SPACE AT CLIFF MAUS AIRPORT FOR INSURANCE VENDING MACHINES; AND DECLARING AN EMERGENCY. - NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS.: SECTION 1: THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH ASSOCIATED AVIATION UNDERWRITERS, SAID GONTRACT TO BE FOR RENTAL OF SPACE AT CLIFF MAUS AIRPORT FOR A CONTRACT RENTAL EITHER IN AN AMOUNT EQUAL TO SEVEN AND ONE -HALF (7 -1/2 %) PER CENT OF ALL MONEYS DEPOSITED IN ALL SUCH AIRLINE TRIP INSURANCE DISPENSING MACHINES WHICH ARE IN ACTIVE OPERATION AT OR ON THE SAID PREMISES, LESS ONLY BONAFIDE REFUNDS, OR IN THE SUM OF TWELVE DOLLARS ($12.00) PER MONTH PER EACH MACHINE, WHICHEVER SHALL BE THEw.GREATERJ IT BEING AGREED THAT SUCH PAYMENTS BE COMPUTED ON THE BASIS OF TEN DOLLARS ($10.00) TO COVER RENTAL AND TWO DOLLARS ($2.00) TO COVER ANY AND ALL COSTS OF ELECTRICAL CURRENT CONSUMED, SAID CONTRACT FOR A PERIOD OF ONE (1) YEAR, BEGINNING SEPTEMBER 1, 1951, AND ENDING SEPTEMBER 1, 1952. SECTION ?:-,-THE NECESSITY FOR PROVIDING ADEQUATE INSURANCE FACILITIES FOR THE PATRONS OF CLIFF MAUS'AIRPORT CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE 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 PUBLIC EMERGENCY AND IMPERATIVE NECESSITY TO EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE RESUSPENDED, 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 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THF;/Jp DAY'OF A. D. 1952. YOR CITY OF CORPUS CHRISTI A EST: I CITY SECRETARY AP ROVED AS TO LEGAL FORM: CITY TT RNEY , �ja5� ' Corpus Christi, Texas TO THE MEMBERS OF THE CITY COUNCIL w Corpus Christi, Texas 1� Gentlemen: 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, Respectf lly, ; YOR 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 C 3a5/ 4 THIS CONTRACT made and entered into this lat day of September, 1951, by and between * * * * * * * * * * CITY OF CORPUS CHRISTI * * * * * * * * * * ** hereinafter called the Airport Operator and ASSOCIATED AVIATION UNDERWRITERS, an association of insurance companies having its principal place of business at 90 John Street, New York 38, New York, hereinafter called Associated Aviation. WITNESHETE: 1. In consideration of the covenants, agreements and obligations hereinafter set forth, the Airport Operator does grant unto Associated Aviation the ex- clusive right, privilege and concession for installing, operating, servicing and maintaining either itself or through any designated agent acting for it Airline Trip Insurance dispensing'maohines in suoh numbers and at such looa- tions on the airport premises as may be mutually agreeable. 2. Associated Aviation agrees to hold the Airport Operator harmless in conneo- tion with said installation, operation, service and maintenance of such Airline Trip Insurance dispensing machines. 3. The Airport Operator agrees to perform normal custodial duties including the dusting of and around each machine, the removing of any trash deposited thereon and the taking of reasonable precautions to prevent suoh machines from being tampered with, damaged, destroyed or marred but shall not be liable for any damage to such machine not caused by its own negligence. 4. Associated Aviation agrees to pay to the Airport Operator during the period of this contract rental either in an amount equal to seven and one -half peroen- tum of all monies deposited in all such Airline Trip Insurance dispensing ma- chines which are in active operation at or on the said premises, less only bonafide refunds, or in the sum of Twelve Dollars'(412.00) per month per each machine whichever shall be the greater; it being agreed that such payments be computed on the basis of Ten Dollars ($10.00) to cover rental and Two Dollars ($2.00) to cover any and all costs of electrical current consumed. 5. Payments referred to in Paragraph 4 above shall be computed monthly and a check to cover, together with an explanatory statement, shall be forwarded to the Airport Operator prior to the 15th day of the second month succeeding the month of account. 6. This contract shall be for a term of 446 years and shall be automatically renewed on the same terms for an additional period of 9A years unless either party shall give written notice to the contrary 30 days prior to the expiration of the contract period. IN WITNESS WE ERE OP the parties hereto have caused this contract to be executed as of the day and year first above written. CITY OF CORPUS CHRISTI ATTEST: BY: // 1% ASSOCIATED AVIATION UNDERWRITERS ATTEST: ��L/i C.Ep /r BY: