HomeMy WebLinkAbout03503 ORD - 07/08/1953AN ORDINANCE
AUTHORT7ING 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 JOHN WESLEY WRIGHT, DBA,
PORT AVE. DRUG STORE AT 913 S. PORT, CORPUS
CHRISTI, TEXAS, APPOINTING PERSONS AND STORE
AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPT-
ING PAYMENT OF BILLS OWED TO THE CITY FOR
WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE
TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING
JULY 6, 1953, UNTIL TERMINATION UPON DEFAULT'
OR REMOVAL FROM SAID ADDRESS BY THE APPOINTEES'
HEREIN AS HEREIN PROVDED, FOR AND IN CONSIDERA-
TION OF THE FEES AS SCHEDULED THEREIN, ALL IN
ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART IIEREOF; AND
DECLARING AN EMERGENCY,
BE-IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
OHRISTI, T EXAS:
SECTION 1: That the City Manager be and he is hereby author-
iced and directed for an on behalf of the City to execute a memorandum
of agreement between the City and John Wesley Wright, DBA Port Ave,
Drug Store at 9]3 S. Port, Copus 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 July 6, 1953,
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 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 held
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 thatthis ordiance be passed finally
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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 day of
1953. �t
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST;
C17Y SEC_ ET , `.
APPROVED AS TO LEGAL FO11M.-
7Q--0�74 J'�
C ITY�
THIS NOMANDUK OFF AUNT BETWEEN THE CITY OF C6IiM CNRISTI, TEXAS,
A MEIN1CiPAL CORPORATION, WER£INAFTER REFERRED TO A9
"CITY"
AND
JOHN WESLEY WRIGHT, D /B /A PORT AVENUE DRI/G STORE
NEREiNAFTER RLFERRED TO AS "AGENT"
WITNESSETN:
1. CITY HEREBY APPOINTS AGENT AS ITS LIMITED AGENT FOR THE SOLE
PURPOSE OF ACCEPTING, AT THE STORE OF ,AGENT LOCATED AT 913 ,S- PORT AVENUE,
CORPUS CHRISTI, TEXAS PAYMENT OF 84LLSI OWED TO CITY FOR MATER, GAS, GARBAGE,
AND SEWER SCRVICL, SUCH APPOINTMENT TO BECOME EFFECTIVE THE 6TH BAY AF JULY,
1953, AND TO CONTINUE UNTIL TERMINATED AS HEREIN PROVIDED, AGENT HEREBY
ACCEPTS SAID APPO1NTMENT, AND IN CONSIDERATION THEREOF AND OF THE COMPENSATION
TO BE PAID, AS HEREINAFTER SET OUT, AGREES TO FAITHFULLY PERFORM NIS DUTIES
AS SUCH LIMITED AQEHT, IN ACCORDANCE WITH THE RULES AND INSTRUCTIONS ISSUED
'3Y CITY FOR THE OPERATION OF SUCH LIMITED AGENCIES, KNOWN AS ''PAY STATIM ".
CONTEMPORAHCOU$LY WITH THE EXECUTION OF THIS AGREEMENT AGENT HAS RECEIVED A
COPY OF SUCH RULES AHD INSTRUCTIONS AND HE AGREES TO FAMILIARIZE HIMSELF AND
COMPLY FULLY AND EXACTLY WITH THE SAME. SUCH RULES AMC INSTRUCTIONffi MAY BE
CHANGED AT ANY TIME BY CITY, AND AGENT AGREESTHATUPON BEING FURNISHED WITH
A COPY SITYWING SAKW CHANGE$, HE WILL IHMEPIATELY FAMILIARIZE HIMSELF Ago
THEREAFTER CIY•P'Lr FULLY AND EXACTLY THEREWITH.
2. AS COMPENSATION FOR THE FAITHFUL PERFORMANCE OF 1415 DUTIES AS
SUCH AGENT, CITY HEREBY AGREES TO PAY AGENT ON THE FOLLOWING BASIS%
7 1/20 PER BILL FOR THE FIRST 4W SILLS COLLECTED.
5# PER BILL FOA THE NEXT WID DILLS COLLECTED,
30 PER BILL FOR THE NEXT 2W BILLS COLLECTED.
20 PER DILL FOR THE NEXT 2W BILLS COLLECTED.
1� PER HILL FOR THE NEXT AHD ALL REMAINING BILLS
COLLECTED.
i
PAYMENT DIP THIS FEE WILL AE MADE BY CITY ON OR ABOUT THE
TENTH.GI EACH MONTH FOLLOWING THAT NORTH IM WHICH COLLECTIONS WERE
MADE.
3. THE EQUIPMENT NECESSARY FOR THE PERFORMANCE SY AGENCY
Of MIS DUTIES HEREUNDER, AS SET OUT IM THE RULES AND INSTRUCTIONS
MENTIONED AMOVEI WILL SE FURNISHED BY CITY AND 7I4E SAME WILL AT ALL
TIMES REMAIN THE PROPERTY Of CITY, TO BE RETURNED TO IT GT AGENT U ►GM
THE TERMINATION Of THIS AGREEMEMT IN AS *ODD CONDITION AS WHEN RE-
CEIVED, ORDINARY WEAN AND TEAR EXCEPTED.
M. CITY AGREES TO PROVIDE ANY INSURANCE COVERAGE MADE
NECESSARY BY THIS AGREEMENT AGO OPERATIONS HEREUNDER AND TO PAY ALL
PREMIUMS INCIDENT THERETO.
5. AGENT AGREES TO fURNISN TO CITY, UPON EXECUTION OF THIS
AGREEMENT AND KEEP IN FORCE A SURETY SOHO Ill THE AMOUNT OF One THOFiSANO
DOLLARS (41,000) TO GUARANTEE THE PROPER MANDLINO OF FUNDS COLLECTED FOR
CITY BY SAID AGENT, SAID SONG TO BE APPROVED BY THE CITY ATTORNEY.
6. THiS AGREEMENT MAY SE TERMINATED IMMEDIATELY BY CITY UPON
A BREACH BY AGENT OF AMY OF THE TERMS AND, CONDITIONS HEREOF, OR FAILURE
Of AGENT TO COMPLY FULLY WITH THE RULES AND INSTRUCTIONS HERtIMADOVE RE-
fERREO TO. SAID AGRCLKIIT MAY FURTMER BE TERMINATED BY EITHER PARTY
WITHOUT CAUSE BY GIVING THE OTHER THIRTY (30) GAYS MITTEN NOTICE Of SUCH
TERMINATION. IT IS fUSTMEN AGREED THAT SHOULD THE AGENT NAMED HEREIN
MOVE FROM THE ADDRESS AND LOCATION HEREIIHEFORE SET OUT THAT SUCK RtMOVAt
SHALL AUTOMATICALLY TERMINATE THIS AGREEMENT. IN THE EVENT or AMY T£RWi
NATION Of THIS AGREEMENT, AGENT AGREES THAT ME MILL NOTIFY ALL PERSONS
OFFERING TO MAKE PAYMENT OF HIS LACK OF AUTHORITY TO RECEIVE SUCH PAYMENTS
AND WILL REFRAIN raw AtCEPTtIN ANY PAYMENTS AS AGENT OF THE CITY.
CITY OF CORPUS CHRISTI, TEXAS
BY
ATTEST: CITY MANAGER
"CITY"
CITY StCRETARY
APPROVED AS TO LEGAL FORM: PORT AVE DRUG STORE
CIY
CITY ATTORNEY
"AGENT"
CORPUS CHRISTI, TEXAS
1953
c%
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH \N 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 CORPU*HRIS
TI , TEXAS
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
FOLLO NG VOTE:
A. A. LICHTENSTEIN
1 i
ELLROY KING
P. C: CALLAWAY'
JAMES A. NAISMITH
W. JAMES BRACE
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