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HomeMy WebLinkAbout03400 ORD - 01/27/1953AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND EARL V. MASSEY, DBA, MASSEY DRUG AT 2460 BELTON STREET IN CORPUS.CHRISTI, TEXAS, AP- POINTING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEb1ER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING JANUARY 23, 1y53 UNTIL TER- MINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE APPOINTEES HEREIN AS.HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, 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 AUTHOR- IZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND EARL. V. MASSEY, DBA MASSEY DRUG STORE, AT 2460 BELTON STREET IN CORPUS CHRISTI, TEXAS, APPOINTING SUCH PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF ITS BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE, AND SEWER SERVICE, PAY- ABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING JANUARY 23, 19531 UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM THE PREMISES BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF MAKING PROVISIONS TO FACILITATE SUCH PAYMENTS TO THE CITY BY THE PUBLIC TO ACCORD WITH THE GROWTH AND . DEVELOPMENT OF THE CITY OF CORPUS CHRISTI, BEING OF THE GREATEST IMPORTANCE TO THE PUBLIC NECESSITY AND CONVENIENCE, CREATES A PUBLIC EMERGENCY AND AN IMP IE RATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE Try AT 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 DE- CLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS- PENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY 3 qDb ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE 27,t6LDAY OF , 1953. MAYOR THE CITY OF CORPUS CHRISTI ATTEST: on C-TTY SECRETARY APPROVED AS TO LEGAL FORM: CITY AT70RNEY L CORPUS CHRISTI, TEXAS C[ .ten 7 1 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENT LgMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE JUSPEM- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR' RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDI AND THAT SUCH ORDINANCE 014-RE- SOLUTION- D1l - -RE- SOLUTION 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; 11 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. R-Es PECTrULLY, MA OR CITY OF CORPUS CHRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: LESLIE WASSERMAN FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAMy JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: LESLIE WASSERMAN FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAM, JR 3 400 TZ5 OF :iiiiiurd -L :IT DIZ ]? "'tL CIS OF Cfittv�Us C71R.T TT, 'LW, A Madelpal Corpor%tion, Hereinafter Referred to as "CT,0 ADD ha—ineftor Referrod to as "AGE '", WI `s',' T; I S S B pi: 1. City heraLT ap7, pints Agent as its 3- trdted Agent for tIOSole purpose of accepting, at the store of Agent iodated at 241k Belton, Corrw Christi, Taxm pgyment of bills owed to City for water, gas, garbage, wid sever service, such appoint-. went to become effective the Z-W day of Jarntat7, 1953, and to continue uzitil terminated as herein r- rovided. Agent hereby accepts said krpointm nt, and in emqideration thereof and of the compensation to be raid, as herninaftcr set out, agrees to faltlafully perform Pais duties as such 19xdted Agent, in accordance vrith the rules and inntructions issued by City for the operation of such limited agencies, 1MMM as "PAY ST :A ^IQ; S". Contemporaneously u-ith the execution of thin agreaumnt Agent has received a copra- of such rules and instructions and he a,"rees to familiarize himself and c=ply fully and exactly with the same. Such rules and instructions may be changed at any tt.-e by City, and Agent agrees that upon being fismi.ehed with a copy shoraing such ehnmees, he will immediately familiarize himself and thereafter comply fully and exactly therowith. 2. As cmT ensntion for the faithful performance of his duties as such Agent, City hereby agrees to pray Agent on the follot4ng basis: * per b1.11 for the first 4M bills collected. 5 ¢ per bill for the next 200 bills collected. 3 ¢ per bill for the next 200 bi11a ooneated. 2 ¢ per bill for the =xt 200 bills collected. I ¢ per bill for the next rind all rem inin.? bills collected. PVWnt Of this fee will be made by City an or about the tenth of each month following that month in which collections ware made. 3. The equipment necessary for the performance by Ageocv of .I a duties hereunder. as set out in the rules and instrw ticas mentioned above, will be furnished by City and the saw will at all time resin the property of City, to be returned to it by Agent wpm the terndbmtion of this agreement in as good condition as when received, ordinaz7 wear and tear excepted. 4. City agrees to provide any inarumnee coverage made necessary by this agreement and operations hereunder and to pay all Pima Incident thereto. 5. Agent agrees to furnish to City, upon execution of this And ITOeP �n 7 RCS atlydement, a surety band, in the amount of One Thousand Doliaxs,,(sl,OOC). to 4ouarantes the proper ha tW� or fund collected far City ` said Agent, said bond to be approved 1w the City Attorney. 6. This agreement MW be terminated immediately bV City upon a breach by Agent of any of the terms and conditions hereof, or failure of Agent to oomply fidly with the rules and instructions hereinabove referred to. Said agreement may further be terminated by either party without emu* by giving the othm thirty (30) days written notice of such termination. It is farther agreed, that should the Agent named herein move from the address and location herainbefore set out that meth removal shall antaamtically terminate this agreement. In the event of atop termia►atiam of this agreement, Agent agrees that he will. notify all persons offering to make psym ut of his lack of authority to receive such paymenta and will refrain from accepting any payments an Agent of the City. CITY OF GMM CMMTI, T=M � manager me" ATTESTt etsretary APPROM AS TO MAL FMh h�9SEr DRUG City Aktorneq- 1�Y 4fjj S bI