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Home My WebLink About03265 ORD - 05/20/1952r� ,.?,2 t1, s AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH J. B. MARTIN TO GRANT THE RIGHTS OF CONCESSION AT THE PEOPLES STREET T -HEAD, CORPUS CHRISTI, TEXAS, FOR A TERM BE- GINNING JUNE 1, 1952, AND ENDING JUNE 1, 1953, FOR FIFTEEN PERCENT (15 %) OF THE GROSS RECEIPTS, ACCORDING TO THE PROVISIONS AND CONDITIONS CON- TAINED IN SAID LEASE, 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 J. B. MARTIN TO GRANT THE RIGHTS OF CONCESSION ON THE PEOPLES STREET "T" -HEAD, CORPUS CHRISTI, TEXAS, FOR A TERM BESINNING JUNE 11 1952, AND ENDING JUNE 1, 1953, FOR FIFTEEN PER CENT (15d) OF THE GROSS RECEIPTS FROM SAID CONCESSION, ACCORDING TO THE PROVISIONS AND CONDITIONS CONTAINED IN SAID LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, READING AS FOLLOWS: 3 ;&w S THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THIS CONTRACT, MADE AND ENTERED INTO THIS THE DAY OF MAY, 1952, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION ACTING BY AND THROUGH ITS CITY MANAGER, W. 13. COLLIER, AND J. B. MARTIN OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "SECOND PARTY." W I T N E S S E T H: 1. THAT IN CONSIDERATION OF THE.COVENANTS HEREIN CONTAINED ON THE PART OF SECOND PARTY TO BE KEPT AND PERFORMED, THE CITY DOES HEREBY GRANT UNTO SAID SECOND PARTY THE RIGHTS OF CONCESSION ON THE PEOPLES STREET "T"-HEAD IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO SELL SOFT DRINKS, COFFEE, PREVIOUSLY PREPARED SANDWICHES, ICE CREAM, POPCORN, PEANUTS, CHEWING GUM, CANDIES, CIGARETTES AND CIGARS, SAID RIGHTS OF CONCESSION TO BEGIN JUNE 1, 1952 AND TO END JUNE 1, 1953, SUBJECT TO THE fOLLOWINO COVENANTS AND CONDITIONS. 11. SECOND PARTY AGREES TO CHARGE PERSONS PATRONIZING SAID CONCESSION, FOR ALL ITEMS ABOVE DESCRIBED, THE NORMAL PRICE CHARGED FOR SAID ITEMS IN PARK AREAS IN THE CITY OF CORPUS CHRISTI. 111. THIS PRIVILEGE IS GRANTED EXCLUSIVELY TO SECOND PARTY AND THE CITY AGREES NOT TO GRANT TO ANY OTHER PERSON OR ORGANIZATION THE PRIVILEGE OF SELLING SUCH ITEMS ON SUCH PREMISES DURING SUCH SET PERIOD. IV. SECOND PARTY AGREES TO PAY THE CITY FOR SAID,CONCESSION FIFTEEN PER CENT (15%) OF THE GROSS RECEIPTS FROM THE SALES OF THE ABOVE MENTIONED ITEMS FROM SAID CONCESSION. ALL SUMS TO BE DUE AND PAID SHALL BE PAID TO THE CITY WITHIN TEN DAYS AFTER THE EXPIRATION OF EACH CALENDAR MONTH AFTER THE TERM THEREOF, ACCOMPANIED BY AN ITEMIZED STATEMENT IN SUCH PORN AS REQUIRED BY THE CITY I CONTROLLER. V. SECOND PARTY AGREES TO PROVIDE THE NECESSARY FACILITIES, EQUIPMENT AND � r STAFF TO HANDLE AND SELL ANY OF THE AFOREMENTIONED ITEMS AS TO HIM MAY APPEAR TO BE IN DEMAND AND SALABLE ON THE PARTICULAR OCCASION. VI• ` SECOND PARTY AGREES TO ADIDE BY ALL THE TERMS OF THIS AGREEMENT, THE RULES OF THE CITY RECREATION DEPARTMENT FOR THE OPERATION OF SAID °T° -HEADS AND ALL ORDINANCES AND LAWS OF THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS IN REGARD TO THE SALE OF SUCH ITEMS. IN ADDITION, SECOND PARTY AGREES AND COVENANTS TO KEEP SAID BUILDINGS AND PREMISES FREQUENTED BY THE PUBLIC PATRONIZING THE CONCESSIONS OF THE SECOND PARTY CLEAN AND NEAT AT ALL TIMES AND CLEAR OF TRASH, GRASSY PAPER AND ALL RUBBISH. Vol. SECOND PARTY AGREES TO KEEP A JUST AND TRUE RECORD AND ACCOUNT CURRENT AT ALL TIMES OF HIS GROSS RECEIPTS, PURCHASES, AND OISBURSEMENTS, AND CITY SHALL HAVE THE RIGHT UPON DEMAND TO INSPECT ALL BOOKS, RECORDS DEPOSIT SLIPS, AND INVOICES OF SECOND PARTY PERTAINING TO THE EVENTS COVERED BY THIS AGREEMENT. VI11. SECOND PARTY AGREES TO HOLD CITY HARMLESS FOR ANY HURTS INJURY, OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY SECOND PARTY, OR SECOND PARTY'S EMPLOYEES OR ANY DAI4AGE TO PERSONS OR PROPERTIES GROWING OUT OF OR RESULTING FROM THE SALE OF MERCHANDISE ON THE SAID °T"-HEAD. IX. SECOND PARTY WILL INCUR NO DEBTS OR OBLIGATIONS ON THE CREDIT OF THE CITY OF CORPUS CHRISTI, TEXAS. WITNESS OUR HANDS AT CORPUS CHRISTI TEXAS, THIS THE DAY OF MAY, A.D. 1952- CITY OF CORPUS CHRISTI, TEXAS By J. S. MARTIN W. 8. COLLIE11, CITY MANAGE;- ATTESTS C. W. VETTERSS CITY SECRETARY APPROVED AS TO LEGAL FORMI 1. M. SINGER CITY ATTORNEY v 4 e SECTION 2. THAT THE NECESSITY FOR DERIVING REVENUE FOR THE UPKEEP OF SAID "T" -HEAD 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 ORDI- NANCE 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 THEo20 DAY OF MAY, A.D. 1952• f MAYOR .z.. ITY OF CORPUS CHRISTI, TEXAS TEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: h CITY ATTORNLY ,/ Corpus Christi, Texas. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, Respectfully, / IdAYOR C City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman L� Jack DeForrest Sydney E. Herndon C George L. Lowman Frank E. Williamsone The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson G G 3 0-� (05