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HomeMy WebLinkAbout03752 ORD - 05/07/1954A,:5 /4/54 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT BETvJEEN THE CITY AND V. H. VATZLAVICK D/B A VICK S GROCERY LOCATED AT HIGHWAY NO. 9 IN P VILLE, TEXAS, AND WHOSE MAILING ADDRESS IS ROUTE 2, BOX 309, CORPUS CHRISTI, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR THE _SOLE PURPOSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING 1',1AY 5, 1954, 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 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 AN AGREEMENT BETWEEN THE CITY AND V. H. VA7ZLAVICK, D /B /A VICKIS GROCERY, LOCATED AT HIGHWAY NO. 9 IN ANNAVILLE, TEXAS, AND WHOSE MAILING ADDRESS IS ROUTE 2, BOX 309, 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, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING MAY 5, 1954, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM THE PREMISES BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES ASSCHEDULED 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 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 aj�52 EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF PLAY, 19711. MAYOR PRO TEM CITY OF CORP � CHRISTI, ERAS ATTES ,, CI SECRETAR APP�ED AS� LEGAL FORM: IT THIS MONCIANDUl DT AGNINUT 88iTit1li To cr" OF COEM CHRISTI TSiAB, a Municipal Corporation, Bereinafter Referred to as 'CITY' AND Y. H. VA= AVICQ, MA VICK'$ MORRY Hereinafter referred to as "AMT" W I T I E S S E T R I 1. City hereby appoints Agent as its limited Agent for the sole purpose of accepting, at the store of Agent located at Highway #9 in Annaville, mailing address, Route 2, Box 309, Corpus Christi, Texas, payment of bills tined to City for water, gas, garbage, and sewer service, such appointment to become effective the 5th day of MMay, 1954, and to continue until terminated as herein provided - Agent hereby accepts said appointment, and in consideration thereof and of the compensation to be paid, as bereinafter set out, agrees to faith- fully 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 "PAT STATIONS! Contemporaneously with the execution of this agreement Agent has received a copy of such rules and instructions end he agrees to familiarize himself and comply fully and exactly with the same. Duch rules and instructions may be changed at any time by City, and Agent agrees that upon being furnished with a copy shoving such changes, he will immediately familiarise himself and thereafter comply fully and exactly therewith. 2. As compensation for the faithful performance of Ain duties as such Agent, City hereby agrees to pay Agent on the following basis: 7liper bill for the first h00 bills collec d• 5 ¢ per bill for the next 200 bills collet 3 0 per bill for the next 200 bills collected. 2 d per bill for the next 200 bills collected. 1 ¢ per bill for the next 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 which collections were made. 3- The equipment necessary for the performance by Agency of his duties hereunder, as set out in the rules and regulations mentioned above, will be furnished by City and the same will at all times remain the property of City, to be returned to it by Agent upon the termination Of this agreement as in good conditlenras when reeeived, ordinary wear and tear excepted, 4. City agrees to provide any insurance coverage made necessary by this agreement and operations hereunder and to pay all premiums incident thereto. 5. Agent agrees to furnish to City, upon execution of this agree- ment, a surety bond, in the amount of One MxPmand Dollars ($1,000), to guarantee the proper handling of funds collected for City by said Agent, said bond to be approved by the City Attorney. 6. Agent agrees to report receipts daily on the prescribed forms via U. S. Dail accompanied by stubs, checks received for payment, and agents own check representing the amount of currency and coin received for payment of utility bills. 7. This agreement may be terminated immediately by City upon a breach by Agent of any of the terms and conditions hereof, or failure of Agent to comply fully with the rules and instructions hereinabove referred to. Said agreement may further be terminated by either party without cause by giving the other thirty (30) days written notice of Such termination. It is further agreed that should the Agent named herein move from the address and location herein'before act out that such removal shall automatically terminate this agreement. In the event of any termination of this agreement, Agent agrees that he will notify all persons offering to make payment of his lack of authority to receive such payments and will refrain from accepting any payments as Agent of the City. CITY or Comm CE@ISTI, TDiiAB BY City Manager RMOW City Secretary APPROM AS TO LEGAL FM: City Attorney "s =DCWr L' CORPUS CHRISTI TEXAS t' ,195'r TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REA -SONS 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 INTRODUCE -D, 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 I 1-0 - �— CITY OF CORPUS CHRISTI' TEdIAS THE CHARTER RULE WAS 5U `I°ENDED BY THE FOLLOWING VOTE: !y kr A L*%f E N 5 T E I N , ELLROY KING P. C. CALLAWAY ((( I' JAMES S. NAISMITH' W. JAMES BRACE THE ABOVE ORDINANCE WAS''PA.SSED BY THE FOLLOWING VOTED �1T EN S'TE IN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE 3 75,2-�,