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HomeMy WebLinkAbout03376 ORD - 01/06/1953AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH ASSOCIATED AVIATION UNDERWRITERS FOR THE OPERATION OF AN INSURANCE VENDING MACHINE AT CLIFF MAUS MUNICIPAL AIRPORT FOR AND IN CONSIDERATION OF 13% OF ALL MONIES COLLECTED LESS BONIFIED REFUNDS FOR A TERM OF ONE YEAR UNDER THE PROVISIONS AND CONDITIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACH- ED HERETO AND MADE A PART HEREOF; AND DECLAR- ING 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 15 HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH ASSOCIATED AVIATION UNDERWRITERS FOR THE OPERA- TION OF AN INSURANCE VENDING MACHINE AT CLIFF MAUS MUNICIPAL AIRPORT FOR AND IN CONSIDERATION OF 13% OF ALL MONIES COLLECTED LESS SONIFIED REFUNDS, FOR A TERM OF ONE YEAR UNDER THE PROVISIONS AND CONDITIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF PROVIDING ALL PERTINENT FACILI- TIES IN CONNECTION WITH AIR TRAVEI, AND TO OBTAIN REVENUE THEREFROM, AT THE MUNICIPAL AIRPORT CREATES AN EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION 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 NECESSITY TO EXIST, HAVING REQUESTED THE SUS- PENSION OF SAID CHARTER RULE 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 PASSED AND APPROVED, THIS THE AY OF JANUARY, A.D. 1953• TTEST: MAYOR e"' oZQ•�•� -- THE CITY OF CORPUS CHRISTI fl AP OVED AS TO$ LEGAL FORM: r C_ CITY ATro NEY 3 3� T CORPUS CHR-:ST1, TEXAS Q��'• / t95� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHR19T1, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINARCE, 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 15 INTRODUCED AND THAT SUCH ORDINANCE OR -RE- SOLUTION SHALL BE PASSED FINALLY ON THE -DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUE57 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, 2L MAYOR DLO CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: LESLIE WASSERMANa' FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAM, JR-'- THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: LESLIE WASSERMAN FRANK E. WILLIAMSON ^�r JACK DEFORREST 0 GEORGE L. LOWMAN MIKE A. NEEDHAM, JR 33-�� THIS CONTRACT made and entered into this f i r s t d a y o f N o v e m b e r, 1 9 5 2, by and between * * * * * * * * * * * CITY OF CORPUS CHRISTI * * * * * * * * * * * * * * * * hereinafter called the Airport Operator and Associated Aviation Underwriters, an association of insurance companies hav- ing its principal place of business at 90 John Street, New York 38, New York, hereinafter called Associated Aviation. WITNESSETH: I. In consideration of the covenants, agreements and obligations hereinafter set forth, the Airport Operator does grant unto Associated Aviation the right, privilege and concession to sell annual and short term travel and collateral insurance ppoli- cies, including but not limited to Domestic and International Airline Trip Insurance, Annual Aviation Accident Insurance, Short Term Travel Insurance, Common Carrier Travel Insurance and Personal Effects Insurance through the installation, operation, servicing and maintenance by itself or through any designated agent acting for it, of automatic dispensing machines and counters, in such numbers and at such locations as may be mutually agreeable in any Terminal Building or Buildings now con- trolled or which may be controlled by the Airport Operator during the term of this agreement or by such other means as may be agreed to by the parties hereto; provided that a counter or counters will be installed and operated, only if the volume of enplaned passengers from such Terminal Building or Buildings is sufficient to warrant such operation, that Associated Aviation elects to so operate, that adequate space is available, that Associated Aviation assumes all costs incidental to the construc- tion and installation of such counter or counters and that Associated Aviation agrees to operate said counter or counters during such hours as Associated Aviation deems necessary to properly serve the passengers using said Terminal Building or Buildings. 2. Associated Aviation agrees to hold the Airport Operator harmless in connection with said installation, operation, serv- icing and maintenance of such automatic dispensing machines or in connection with the said installation and operation of a counter or other method of sale. 3. The Airport Operator agrees to perform normal custodial duties, including dusting and sweeping around each machine or counter, removing any trash deposited thereon and taking reasonable precaution to prevent such machines or counters and an supplies +herein or thereon from being tampered with, damaged, destroyed, marred or removed, but shall not be liable for any such damage or removal not caused by its own negligence. 4. The Airport Operator agrees to provide adequate light and heat for the comfort and convenience of the personnel and customers at such machines or counters and to also provide electrical current for the operation of any such machines. 5. It is agreed that Associated Aviation shall have the right to identify said insurance counter, if any, by a sign or signs to be approved by the Airport Operator and that it shall further have the right to post at each location at which it operates automatic dispensing machines a suitable notice calling attention to said insurance counter. 6. Associated Aviation agrees to pay the Airport Operator during the period of this contract rental in an amount equal to thirteen percentum of all monies deposited in all such automatic dispensing machines which are in active operation in said Terminal Building or Buildings or collected at said counters less only bona fide refunds. 7. Payments referred to in Paragraph 6 above shall be computed monthly and a check to cover, together with an explan- atory statement, shall be forwarded to the Airport Operator prior to the 15th day of the second month succeeding the month of account. B. This cgpjtpct shall be for a term of % years and shall be automatically renewed on the some terms for an additional period ofd$ years unless either party shall give written notice to the contrary thirty days prior to the expiration of the contract period. IN WITNESS WHEREOF 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:................................................................... ............................... CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY ASSOCIATED AVIATION UNDERWRITERS ATTES C........ .._. -. z� _ ...................... ............................... BY.............