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Home My WebLink About03608 ORD - 12/02/1953AN ORDINANCE NO. 3608 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 FRED COLE, D /B /A COLE'S BOOK AND CARD SHOP, LOCATED AT 723 LEOPARD STREET, CORPUS CHRISTI, TEXAS, APPOINT- ING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PUR- POSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING DECEMBER 1, 1953, UNTIL TERMINATION 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 EUMENCY. 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 and directed for and on behalf of the City of Corpus Christi to execute a memorandum of agreement between the City and Fred Cole, d /b /a Cole's Book and Card Shop, located at 723 Leopard Street, Corpus Christi, Texas, appoint- ing 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, payable to its Department of Public Utilities, beginning December 1, 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 develop- ment 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 declared such emergency and necessity to exist having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction and that such ordinance take 3-0013, effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED this the day of December, 1953. MAYOR L4 THE C1114 �y� CORPUS CHRISTI, TEXAS ATTEST City Secretary APPROVED AS TO LEGAL FORM: - " City Attorhey THIS MTORANM OF AOREEWNR BETWEEN THE CITi OF CCTWUS CHRISTI, TUMv a ]Municipal Corporation, $ereinaftcr. Warred to as "CITY" ADD FRED COLE, IBA CME'd 'B00'K AND CARD SHOP Hereinafter Referred to as "AGENT"s WITlTESSETKi 1. City hereby appoints Agent as its limited Agent for the sale purpose of accepting,at the stare of Agent located at '.- 721', Tnopard Street, Corpus Christi, Texas, payment of bille owed to City for water, gas, garbage, and sewer service, such appointment to become effective the 1st day of December, 1353, and to conkimm until terminated as herein provided. Agent hereby accepts said appointment, and in consideration thereof and of the compensation to be paid, as hereinafter set out, agrees to faithfully perform, his duties as such limited Agent, in accordance with the rules and instructions issued by City for the operation of such limited agencies, known as "PAY STATIOms". Contempm%necusly with the 9=c utioa of this agreement Agent has received a copy of such rules and instructions and he agrees to familiarise himself sad comply fully and e=otly with the same. Such rules and instructions may be changed at atuy time by City, and Agent agrees that upon being furnished with a copy shaving such chaunged, he will inuadiately familiarize himself and thereafter comply fallr and exactly therewith. 2. As compensation for the faithftul perfotUance of his duties as such Agent, City hereby agrees to pay Agent en the following beside * per bill for the first 400 bills collected. 5 ¢ per bill for the next 200 bills collected. 3 ¢ per bill for the next 200 bills collected. 2 ¢ per bill for the next 200 bills collected 1 ¢ per bill for the nerrt and all remaining bills collected. Payment of this fee will be made by City on or about the tenth of each month following that month In vhioh collections s were made. 3. The equipment necessary for the perfortows by Money of his daties hereunder, as set out in the ruled and regulations mentioned above, will be furnished by City and them will at all time remain the property of City, to be returned to it by Agent upon the termination of this agreement as in geed condition as when received;, ordinary wear and tear excepted. 4. City agrees to Provide any inssurmme coverage made necessary by this agreemnt and operations herwander and to pay all premlume incident thereto. S, Agent agrees to furnish to City, upon eaeoution of this agreement, a surety bond in the amount of Dee 'thousand DOIlars ($11000), to guarantee the proper handling of futxis collected for City by said Agent, said bond to be approved lip the City Attorndy. b. This agreement may be terminated immediately by City upon a breach by Agent of esy of the term and conditions hereof, or failure of Agent to comply fully with the rules and instructions hereinabove referred to. Said agreement may farther be terminated by either party without Cause by giving the Other thirty (30) dsys written notice of such terminatim. It is further agreed that should the Agent named herein move prase the address and location hersiabeford set out that such removal shall antomatics13y terminats this agreement. In the event of any termination of this agreement, agent agrees that he will notify all persons offering to make payxerrt of his lack of authority to receive such payments dud will refrain from aeeepting sag' psymbyrta as Agent of the City. CITY OF CORPUS CMMTI, TEXAS By City wanger OC TTI" ATTEM t,Y easetary APPROM AS TO LEGAL Fl7lil9s City Attorney CME'S BOOK - AND CARD SHOP BY " CORPUS CHRISTI, TEXAS A , . 9-, 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 CORPUS CHRISTI, TEX THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN G✓O�r�+ l ELLROY ICING P. C. CALLAWAY JAMES.S. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY I l JAMES S. NAISMITH q W. JAMES BRACE Gi