HomeMy WebLinkAbout03496 ORD - 07/01/1953TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH FRED
BOWMAN DOING BUSINESS AS BOWMAN VENDING SERVICE, GRANTING THE
RIGHTS OF CONCESSION AT THE EXPOSITION HALL ON SHORELINE BOULE-
VARD IN THE CITY OF CORPUS CHRISTI, FOR A TERM OF ONE (1) YEAR
BEGINNING JUNE 24, 1953 AND ENDING JUNE 23, 1954, ACCORDING
TO THE PROVISIONS AND CONDITIONS CONTAINED IN SAID CONTRACT, 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,
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 FRED BOWMAN, DOING BUSINESS A$ BOWMAN VENDING SERVICE, GRANTING
THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL ON SHORELINE BOULEVARD IN
NLIEECES COUNTY,
THE CITY OF CORPUS CHRISTI, /TEXAS, FOR A TERM OF ONE (1) YEAR BEGINNING .JUNE
24,,1953 AND ENDING JUNE 23, 1954, 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
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THIS CONTRACT, MADE AND ENTERED INTO THIS THE DAY OF JULY,
1953, BY AND BETWEEN THE CITY OF CORPUS CHRISTI,, TEXAS, A MUNICIPAL CORPOR-
ATION ACTING BY AND THROUGH ITS CITY MANAGER, RUssELL E. MCCLURE, AND FRED
BOWMAN, DOING BUSINESS AS BOWMAN VENDING SERVICE, OF NUECES COUNTY, TEXAS,
HEREINAFTER CALLED "SECOND PARTY",
W 1 T N E S S E T H:
THAT IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED ON THE PART
OF SECOND PARTY TO BE KEPT AND PERFORMED, THE CITY DOES HERESY GRANT UNTO
SECOND PARTY THE RIGHTS OF CONCESSION AT THE FOLLOWING LOCATION;
EXPOSITION HALL ON SHORELINE BOULEVARD
TO SELL SOFT BOTTLED DRINKS' COFFEE, WRAPPED SANDWICHES, ICE CREAM, PEANUTS,
POPCORN; CHEWING GUM, CANDY, CIGARS AND CIGARETTES, AND MERCHANDf SE SOLD B'
VESDING MACHINES, SAID RIGHTS OF CONCESSION TO BEGIN JUNE 24, 1953 AND ENDING
JULIE 23, 1954, SUBJECT TO THE COVENANTS AND CONDITIONS HEREINAFTER PROVIDED.
THE PROVISIONS HEREIN CONTAINED SHALL APPLY 70 THE LOCATION ABOVE DESCRIBED,
AND FAILURE TO COMPLY WITH THE PROVISIONS HEREOF AS TO SAID LOCATION SHALL
CONSTITUTE A BREACH OF THIS CONTRACT,
SECOND PARTY AGREES TO CHARGE PERSONS PATRONIZING SAID CONCESSION,
FOR ALL ITEMS A15OVE DESCRIBED, THE NORMAL PRICE FOR SAID ITEMS IN THE CITY
OF CORPUS CHRISTI. A SCHEDULE OF PRICES APPROVED BY THE ADMINISTRATOR AND
CITY MANAGER SHALL BE POSTED IN A CONSPICUOUS PLACE TO INFORM THE PUBLIC
OF THE PRICES PREVA141NG AT SAID CONCESSION STAND.
III
TYPE.
SECOND PARTY SHALL ROT SELL. BEER OR OTHER ALCOHOLIC BEVERAGES OF ANY
FW
NO MANUFACTURING Of ICE CREAMr FRYRMG OR OTHER PREPARATION OF FOOD SHA!t
BE PERMITTED.
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SECOND PARTY AGREES TO PROVIDE THE NECESSARY FACILITIES, EQUIPMENT
AND STAFF TO HANDLE AND SELL ANY OF THE AFOREMENTIONED ITEMS AS TO HIM MAY
APPEAR TO BE IN DEMAND AND SALABLE 0% THE PARTICULAR OCCASION.
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SECOND PARTY AGREES TO ABIDE BY ALL THE TERMS OF THIS AGREEMENT AND
THE LAWS AND ORDINANCES OF 714E CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS
IN REGARD TO THE SALE OF SUCH ITEMS. IN ADDITIOMp SECOND PARTY AGREES AND
COVENANTS TO KEEP SAID BUILDING AND PREMISES FREQUENTED BY THE PUBLIC PATRONIZING
THE CONCESSION OF THE SECOND PARTY CLEAN AND REAT AT ALL TIMES AND CLEAR Of
TRASH, PAPER AND ALL RUBBISH, AND AFTER THE CLOSE OF EACH OPERATION SHALL
IMMEDIATELY CLEAN UP THE AREA, EMPTY--WATER FROM BOTTLE COOLERS AND GENERALLY
LEAVE THE CONCESSION AREA IN A CLEAR, SANITARY AND ORDERLY CONDITION.
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TY£ CITY WILL PROVIDE STANDARD UTILITY OUTLETS FOR WATER, GAS, ELECTRI-
CIT "; AND SEWER ANO FURNISH TO THE SECOND PARTY SUCH UTILt TIES. HOWEVER, THE
INSTALLATION OF ANY SPECIAL CONNECTIONS FOR WATERS GASH ELECTRICITY,, OR,SEW'ER
THAT SHALL BE REQUIRED BY SECOND PARTY I'D PERMIT USE OF HIS EQUIPMENT SHALL
FIRST BE APPROVED BY THE ADMINISTRATOR IN CHARGE OF THE EXP09'ITION {"TALL AND
ALL COSTS OF MAKING SUCH CONNECTIONS SHALL BE BORNE BY THE SECOND PARTY.-
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THE CITY AGREES THAT THE SECOND PARTY SHALL HAVE FOR USE IN THE OPERATION
OF THE CONCESSION, INCLUDING SPACE OCCUPIED 5Y AUTOMATIC VEN0,ING MACHINES= A
MAXIIIUTA OF 300 SQUARE FEET OF FLOOR SPACC. THE LOCATION ATWHICH THE CONCESSION
SHALL BE INSTALLED SHALL HE DESIGNATED BY THE ADMINISTRATOR OF THE EXPOSITION
,TALL, WITH THE APPROVAL OF THE CITY MANAGER.
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SEC.ON D PART'h 44RE£S TO PAY TO THE CITY OF GPI hl� rR1 ?TI $100,00 AT
THE TIME OF THE EXECUTION OF THIS CONTRACT, WHICH AMOUNT :SHALL BE CONSTRUED
AS BEING A BONUS FOR SUCK CONCESSION RIGHTS.
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SECOND PARTY AGREES TO PAY TO THE CITY FOR SAID CONCESSION TWENTY
PERCENT (20%) OF THE FIRST $100 GROSS RECEIPTS, OR PORTION THEREOF, PER NIGHT;
AND TWENTY —FIVE PERCENT (25$) OF THE GROSS RECEIPTS OVER $100 PER NIGHT. SECOND
PARTY FURTHER AGREES TO PAY THIRT`: PERCENT (34) OF THE GROSS RECEIPTS FROM
VENDING MACHINES. AL+ SUMS TO BE DUE AND PAID SHALL BE PAID TO THE CITY WITHIN
TEN DAYS AFTER THE EXPIRATION OF EACH CA:- ENIfAR !dONTH DURING THE, TERM HEREOF.
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THIS PRIVILEGE IS GRANTED EXCLUSIVELY TO 3cCONO PARTY TO BE EXERCISED
ONLY AT FUNCTIONS TO WHICH THE PUBLIC IS ADMITTED OR INVITED) AND THE CITY
AGREES NOT TO GRANT TO ANY OTHER PERSON OR ORGANIZATION THE PRIVILEGE OF SELLING
SUCH ITE045 ON SUCH PREMISES DURING SUCH SET PERIOD, SAVE AND EXCEPT ON DATES TO
ME SET BETWEEN SEPTEMBER 30 AND OCTOBER 04; 1953, AT WHICH TIME THE SOUT14 TEXAS
CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS or AMERICA HAVE AN AGREEMENT WITH
THE CITY FOR THE USE OF THt: EXPOSITION HAL:_ a0R THE PURPOSE OF STAGING THE
'SOUTH TEXAS HOME SHOW AND COHSTRUCTi ON EXPOalTION„, AND UNDI.R SUCH AGREE�SENT
THE SOUTH TEXAS CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA HAS
SEEN GRANTED A.!.,L CONCESSION PRIVILEGES FOR THE PERIOD BEGI;kNiNG WITH THE CPENING
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OF THE "HOr:E SHOW: AND TERMINATING WITH THE OFFICIAL CLOSING OF SAID �'HD;a£ SHOW''.
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SECOND PARTY AGREES TO KEEP A JUST AND TRUE RECORD AND ACCOUNT OF HIS
GROSS RECEIPTS, PURCHASES3 AND OISBURSEMENTS, AND CITY SHALL HAVE THE RIGHT
UPON DEMAND TO INSPECT ALL BOOKS, RECORDS, DFPOSIT SLIPS, AI40 INVOICES OF
SECOND PARTY PERTAINING TO FUNCTIONS COVERED' GY THIS AGREE7:ENT.
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SECOND PARTY AGREES TO HOLD CITY }!ARMLESS FOR ANY HURTS INJURY, OR DAMAGE
TO PERSONS OR PROPERTY CAUSED BY SECOND PARTY, OR SECOND PARTY'S EMPLOYEES, OR
AN DAMAGE TO- rCRSONS OR PROPERTIES GROWING OUT OF OR RESULTING FROM THE SALE
OF MERCHANDISE ON SUCH PRENISFS, AND AGREES TO FURNISH LIABILITY INSURANCE IN
THE FOLLOWING AMOUNT':
ONE HUNDRED THOUSANO ($100,000) DOLLAR$
AND PROPERTY DAMAGE INSURANCE IN THE AMOUNT OF
FIFTY THOUSAND 050,000) DOLLARS,
SUCH INSURANCE COVERAGE TO BE WRITTEN BY A REPUTABLE AND FINANCIALLY RESPONSIBLE
INSURANCE COMPANY. —3—
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SECOND PARTY WILL INCUR NO DEBTS OR 09LIGATIONS ON THE CREDIT OF
THE CITY OF CORPUS CHRISTI, TEXAS.
WITNESS OUR HANDS AT CORPUS CHRISTI, TE.Y.AS} THIS THE DAY OF
JuLY, 1953
ATTEST; CITY OF CORRr, CHRISTI, TEXAS
BY
CITY SFCRETARY RUSSELL E. MICCLURE, CITY MANAGER
APPROVED AS TO LEGAL FORM'
CITY ATTORNEY
FRED BOWMAN
SECTION 2. THAT THE NECESSITY FOR DERIVING REVENUE FOR THE UPKEEP
OF SAID EXPOSITION HALL CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESO-
LUTION 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 TAKEEFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, THIS THE / DAY OF ^IULY, 1953•
MAYOR
THE CAA' OF CORPUS CHRISTI TEXAS
ATTEST•
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CITY SECRETA Y '
APPROVED AS TO EGAL FORM
ey, i�L1 I
CITY ATTORNEYor p
V
CORPUS CHRISTI, TEXAS
1953
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 SUSPENSION 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,
MAYOR
CITY OF ORPUS CHRISTI, TEXAS
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THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES A. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLL ING OTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES A. NAISMITH
W. JAMES BRACE
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