Loading...
HomeMy WebLinkAbout03581 ORD - 11/04/1953AN ORDINANCE No. 3581 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT WITH ARMORED MOTOR SERVICE, INC., OF FORT WORTH, TEXAS, FOR FURNISHING ARMORED MOTOR SERVICE FOR THE TRANSFER OF MONEY, CURRENCY AND CHECKS FROM THE CITY OF CORPUS CHRISTI WATER AND GAS DEPARTMENT TO THE DESIGNATED BANK, IN ACCORDANCE WITH THE TERMS AND PROVISIONS SET OUT IN SAID CONTRACT, A COPY OF WHICH ,IS.AiTTACHED 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 i AND DIRECTED TO EXECUTE A CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH ARMORED MOTOR SERVICE, INC., OF FORT WORTH, TEXAS, FOR FURNISHING ARMORED MOTOR SERVICE FOR THE TRANSFER OF MONEY, CURRENCY AND CHECKS FROM THE CITY OF CORPUS CHRISTI WATER AND GAS DEPARTMENT TO THE DESIGNATED BANK, IN ACCORDANCE WITH THE TERMS AND PROVISIONS SET OUT IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR THE PROTECTION OF THE TRANSFER OF MONEY, CURRENCY AND CHECKS FROM THE CITY WATER AND GAS DEPARTMENT TO THE DESIG- NATED BANK CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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, AND HAVING REQUESTED THE SUSPENSION 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 SO ORDAINED. PASSED AND APPROVED, THIS THE NOVEMBER, 1953 ATTK,9T. CITY SECRETARY- AP ROVED A TO LEGAL FORM: C CITY ATTORNEY THE_C4-P'.rtF CORPUS CHRISTI, TEXAS 35'n f ARMORED MOTOR SERVICE, INC. 1006 Commercial Standard Building Fort Worth, Texas THIS AGREEMENT made the IBT day of .r .......0CToBER 119 W by and between Armored Motor Service, Inc., a Texas Corporation, hereinafter called First Party, and . ..... r w r .... ... ,. .w +. w .. . « T « w — - - M CITY ,F CiAkUl WI-�iTf • �FPTrP & OAS iiCPART --'XT".► - - - .. — — w - operating in • +CORPUS CHI? IDTI, Tiros herinafter called Second Party, 3,c. ftA` SERVICE NO. It FIRST PARTY AGREES TO TRANSFER AND CONVEY FOR SECOND PARTY ONCE EACH DAY, MONDAY THROUGH FRIDAY, ITS MONEY, CURRENCY, CHECKS, SECURITIES AND OTHER VALUABLES CUSTOMARILY DELIVERED TO AND RECEIVED BY BANKS FOR DEPOSIT AND SAFE KEEPING FROM SECOND PARTY'S OFFICE AT CITY HALL IN CORPUS CHRISTI, TEXAS TO DESIGNATED BANK IN CORPUS CHRISTI. SERVICE No. 21 FIRST PARTY AGREES TO MAKE PICKUPS OF FUNDS FROM SEVEN OR MORE OF SECOND PARTY'S PAY STATIONS IN CORPUS CHRISTI, MONDAY THROUGH FRIDAY AFTER 3t3O P. M. AND SATURDAY AFTER 5130 P. M. AND PLACE SAME IN NIGHT DEPOSITORY OF BANK FOR SAFE KEEPING UNTIL THE FOLLOWING BANKING DAY, WHEN PICKUPS ARE TO BE DELIVERED TO SECOND PARTY"S OFFICE AT CITY HALL IN CORPUS CHRISTI. THIs SERVICE Is NOT To DE RENDERED ON NEW YEARS DAY, FOURri1 OF JULY, LABok 174X, ThARKsQ1VING DAY OR CHRISTMAS DAY. .FIRST PARTY" .AGREES, "TO, ASSUME. LIABILITY (AN EAON- TRANSFER UNDER'SERVIet'Nos ly'' - UP To 'SUXTY- THOUSAN¢ "('460x000.00) "%OLLARS, BUT IT 19 UNDERSTOOD THESE TRANSFERS WILL " WILL NOT AVERAGE OVER Fl"EEN- .THOUSAND (7)15,000.00) DOLLARS. FIRST PARTY IS TO ASSUME AN AGGREGATE LIABILITY UP To TER THOUSAND FIVE HUNDRED ($IO,5Qd.00) DOLLARS ON EACH DAYS TRANSFERS ON SERVICE ND. 2. THE SERVICE CHARGE FOR SERVI6E Nor. 1. IS -TO "BE $38.75 PER MBNTK, BA5E0 ON AN AVERAGE TRANSFER OF FIFTEEN THOUSAND - ($15,000.00)5DOLLARS PER DAY. SERYI'CE "CHAAGE FOR SERVICE ND. 2 is To at $12.50 PER PAY STATION PER MONTH THIS AGREE14CNT FROM ANo "AFTEO ITS CrFC,CTIVS DATE, SUPERSEDES AND CANCELS ALL OTHER AGREEMENTS BETWEEN THE' PARTIES HERETO COVERING CITY OF CORPUS CHRISTI WATER AND GAS DEPARTMENT. 2. The money, currency, checks and other valuables are to be delivered to First Party in sealed containers. First Party, on receipt of containers, shall give a receipt for the same and then assume responsibility up to the amount mentioned in Paragraph 1, should the value be that much, for their safe delivery, together with contents received, to consignee, or in the event of non - delivery, until delivered back to consignor, with the exception of loss or damage caused by or result- ing from: (a) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack, (1) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (2) by military, naval or air forces; or (3) by an agent of any such government, power, authority or forces; (b) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. 3. Second Party agrees to arrange with consignee to receipt First Party on delivery of containers in good condition, with seals unbroken. It is understood and agreed that all liability and responsibility of First Party, as to each transfer so handled, shall end upon its receiving a receipt from said consignee, or in event of non - delivery, when reccipted for by consignor, which receipt shall be conclusive evidence of such performance by First Party. 4. First Party shall not be liable for non - performance or delay occasioned by any of the causes listed in subdivisions (a), (b) and (c) of Section (2), nor for non - performance or delay caused by acts of God', strikes, or means beyond its control; however, First Party agrees to be liable for the safety of any money, checks, securities or other valuables in its possession at any time, up to the amount mentioned in paragraph one, except as stated in paragraph two. 5. Second Party agrees to pay in consideration of said service by Firs. Party the sum of $r! ASOVE to be paid between the first and tenth of each calendar month following service rendered. 6. This service shall begin on 19 , and continue in full force and effect from year to year, with the understanding and agreement that it may be terminated by either party hereto, at the end of any calendar month by giving notice in writing of termination to the other party sixty days in advance of said termination date. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized rcprc- scntatives and their corporate seals to be affixed hereto. ATTEST: ARMORED MOTOR SERVICE, INC:. BY: Secretary-Treasurer President ATTEST: CfTy CF 0,11APU$ Cfflj,rt - WATUR & M OVAA'iKNT APPROVED AS TO LEGAL FORM: CITY ATTORNEY BY: Ru SSELi- E. MCCLURE, CITY MANAGER CORPUS CHRISTI, TEXAS L. -, 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMER6EN "CY 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, THEREFOREI HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS TH15 ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR CITY OF C S CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELI-Roy KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE= A. A. LICHTENSTEIN ELLROY KING /��7�` P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE 3,5191