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Home My WebLink About03785 ORD - 06/23/1954AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A .ONE TRACT WITH FRED BOWMAN, DOING BUSINESS AS BOWMAN VENDING SERVICE, INC., GRANTING THE RTCF OF CON'CMSTON_ AT THE EXPOSTTTON HALF. AND MEMORTAf 1mTTORTHM ON SHOREfTNR ROILE.VARD TO THE SAID FRED BOWMAN: SAID CONCESSION RIGHTS BEGINNING JUNE 24, 1954 AND ENDING JUNE 23, 1956 FOR THE EXPOSITION HALL, AND BE- GINNING AUGUST 1, 1954 AND ENDING July 31, 1956, FOR THE MUNICIPAL AUDITORIUM, SUBJECT TO THE COVENANTS AND CON- DITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH IS AT- TACHED 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 is hereby authorized and directed for and on behalf of the City of Corpus Christi to execute a contract with Fred Bowman, doing business as Bowman Vending Service, INC., granting the rights of concession at the Exposition Hall and Memorial Auditorium on Shoreline Boulevard; said concession rights beginning June 24, 1954 and ending June 23, 1956 for the Exposition Hall, and beginning August 1, 1954 and ending July 31, 1956 for the Municipal Auditorium, and subject to the terms and conditions as set out an a copy of the contract attached hereto and made a part hereof. SECTION 2. That the necessity for deriving revenue for the upkeep of said Exposition Hall and Memorial Auditorium 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 re- solution 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, this the day of June, 1954. ATTEST: ! r/ r City Secretary AP PR ED AS TO GAL FORM: city Attor ey YOR THE CITY OF CORPUS CHRIST , TEXAS IM6 :Ac:6/22/54 THE STATE OF TEXAS itNAW ALL MEN SY THESE PRESEIiTSi COUNTY OF NUECES THIS CONTRACT, MADE AND ENTERED INTO THIS THE ) DAY of JUNE, 1954, 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, INC., A CORPORATION ACTING BY AND THROUGH ITS DULY AUTHORIZED PRESIDENT, FRED BOWMAN, OF NUECES COUNTY, TEXAS, HEREINAfT €R CALLED "SECOND PARTY ", W I T N E S S E T H I THAT IN CONSIDERATION Of THE COVENANTS HEREIN CONTAINED ON THE PARTY OF SECOND PART TO BE KEPT AND PERFORMED, THE CITY DOES HEREBY GRANT UNTO S<:COND PARTY THE RIGHTS OF CONCESSION AT THE FOLLOWING, LOCATIONS: EXPOSITION HALL ON SHORELINE BOULEVARD MEMORIAL AUDITORIUM ON SHORELINE BOULEVARD TO SELL SOFT BOTTLED DRINKS, COFFEE, WRAPPED SANOWICHES, ICE CREAN, PEANuT3, POPCORN, CHEWING SUM, CANDY, CIGARS AND CIGARETTE*, AND MERCHANDISE SOLO BY VENDING MACHINES, (VENDING MACHINES IN EXPOSITION HALL ONLY', $AID RIGHTS OF CONCESS10N TO BEGIN JUNE 24, 1954 AND ENDING JUNE 23, 1956 FOR THE EXPOSITION NALL, AND TO BEGIN AUGUST 1, 1954 AND ENDING JULY 31, M6 FOR THE MEMORIAL AUDITORIUM, SUBJECT TO THE COVENANTS AND CONDITIONS HEREINAFTER PROVIDED. THE PROVISIONS HEREIN CONTAINED SHALL APPLY TO THE LOCATION ABOVE DESCRISED, AND FAILURE TO COMPLY WITH THE PROVISIONS HEREOF AS TO SAID LOCATION SHALL CONSTITUTE A BREACH OF THIS CONTRACT. II SECOND PARTY AGREES THAT ALL SOFT DRINKS SOLD IN THE AUDITORIUM AND EXPOSITION HALL SHALL BE SERVED INPAPER CUPS. BOTTLE VENDING MACHINES INSTALLED IN EXPOSITION HALL ONLY ARE ACCEPTED. III SECOND PARTY AGREES TO CHARGE PERSONS PATRONIZING SAID CONCESSf ON, FOR ALL ITEMS ABOVE DESCRIMED, THE NORMAL PRICE FOR SAID ITEMS IN THE CITY OF CORPUS CHRISTI. A SCHEDULE OF PRICES APPROVED BY THE MANAGER Of THE E%►DSIt10N HALL AND AUDITORI.UN AND CITY MANAGER SHALL BE POSTED IN A CONSPICUOUS PLACE TO INFORM THE PUBLIC OF THE PRICES PREVAILINO AT SAID CONCESSION STAND. IV ANY TYPE. SECOND PARTY SHALL NOT SELL BEER OR OTHER ALCOHOLIC BEVERAGES OF v NO MANUFACTURING OF ICE CLEAN, FRYING OR OTHER PREPARATION OF FOOD SHALL BE PERMITTED DN THE PREMISES. VI ALL SALES, EXCEPT THOSE MADE FROM AUTONATIC VENDING MACHINES, SHALL BE MADE AT THE CONCESSION COUNTER. NO VENDOR OR SALES CLERKS WILL BE PERMITTED TO SELL FOOD OR DRINKS in THE AUDITORIUM PROPER WITHOUT THE APPROVAL OF THE BUILDING MANAGER. ALL ACTIVITIES OF THE CONCESSIONAIRE/ RELATING TO THE OIS+ PENSINV. OF FOOD AND DRINKS, SHALL BE SUBJECT TO THE SUPERVISION OF THE BUILOINO MANAGER AND SHALL BE IN ACCORDANCE WITH THE REGULATIONS OF THE CITY - COUNTY HEALTH UNIT, FOOD HANDLERS DIVISION, VII 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 ON THE PARTICULAR OCCASION. Vlll SECOND PARTY AGREES TO ABIDE BY ALL THE TERMS Of THIS AGREEMENT AND THE LAWS AND ORDINANCES OF THE CITY OF CORPUS CHRISTI AND THE STATE OF TE1[AS IN REGARD TO THE SALE Of SUCH ITEMS. IN ADDITION, SECOND PARTY AGREES AND COVENANTS TO KEEP SAID BUILDING AND PREMISES IN A CLEAN AND SANITARY CON- DITION AT ALL TINES AND AFTER THE CLOSE OF EACH OPERATION SECOND PARTY SHALL IMMEDIATELY CLEAN UP THE AREA, EHPTY WATER FROM BOTTLE COOLERS AND GENERALLY LEAVE THE CONCESSION AREA IN A CLEAN, SANITARY AND ORDERLY CONDITION. SECOND PARTY " REES TO KEEP GARBAGE, EMPTIES ANO REFUSE IN AN ENCLOSED AREA. FAILURE TO CORRECT DEFICIENCIES WITHIN TWENTY -FOUR (24) HOURS AFTER NOTICE SHALL BE CAUSE FOR CANCELLATION Of CONTRACT. 4- Ix THE CITY WILL PROVIDE STANDARD UTILITY OUTLETS FOR WATERY OAS, ELECTRICITY, AND SEWER AND FURNISH TO THE SECOND PARTY SUCH UTILITIES. NOW- EVER, THE INSTALLATION OF ANY SPECIAL CONNECTIONS FOR WATER, GAS, ELECTRICITY, OR SEWER THAT SHALL BE REQUIRED BY SECOND PARTY TO PERMIT USE OF HIS EQUIP- MENT SHALL FIRST SE APPROVED BY THE MRNASER OF THE EXPOSITION HALL AND AUDITOR- IUM, AND ALL COSTS OF MAKING SUCH CONNECTIONS SHALL BE BORNE BY THE SECOND PARTY. WHEN SO INSTALLED, SUCH CONNECTIONS SHAL4 BE CONSIDERED PART OF THE PERMANENT STRUCTURE AND SHALL NOT BE RE14OVED BY SECOND PARTY. x THE CITY AGREES THAT THE SECOND PARTY SHALL HAVE FOR USE IN INC EXPOSITION HALL FOR THE OPERATION OF THE CONCESSION, INCLUDING SPACE OCCUPIED 'BY AUTOMATIC VENDING MACHINES, A MAXIMUM OP THREE HUNDRED (300) SQUARE FEET OV FLOOR 9AACE. THE LOCATION AT WHICH THE CONCESSION SHALL BE INSTALLED SHALL OE DESIGNATED BY THE MANAGER Or THC EXP091T10H HALL AND AUDITORIUM, OR IN HIS ABSENCE BY THE DIRECTOR OF PARKS AND RECREATION. xi THE C►TV AGREES THAT THE 'SECOND PARTY SHALL HAVE FOR USE IN THE MEMORIAL AUDITORIUM TWO (2) CONCESSION ROOMS. EACH ROOM IS CONSTRUCTED WITH A CURVING FRONT APPROXIMATELY SIXTY -SIX (66) FEET LONG. THE READ WALL IS ALSO CURVED AND IS APPROXIMATELY FIFTY -TWO 152? FEET IN LENGTH. THE SPACE BETWEEN THE TWO PRINCIPAL WALLS13 APPROXIMATELY TWENTY -TWO (22) FEET, WHICH IS DIVIDE* INTO A SALES SECTION AND A STORAGE SECTION. No VEROING MACHINES OR OTHER EQUIPMENT MAY BE INSTALLED OUTSIDE OF SAID CONCESSION ROOMS. ALL SALES OF DRINKS SHALL BE MAD{ IN PAPER CUPS, REGARDLESS OF WHETHIRR THEY ARE SOLD AT THE CONCESSION COUNTER OR BY AGENTS OF THE CONCESSIONAIRE OPERATING IN AND THROUGH THE SEATING AREA OF THE AUDITORIUNJ. xll SECOND PARTY AGREES TO HOLD CITY HARMLESS FOR ANY HURT, INJURY, OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY SECOND PARTY, OR SECOND PARTY'S EMPLOYEESS OR ANY DAMAGE TO PERSONS OR PROPERTIES GROWING OUT OF OR RESULTING FROM THE SALE OF MERCHANDISE ON SUCH PREMISES, AND AGREES TO FURNISH LIABILITY INSURANCE IN THE FOLLOWING AMOUNTI ONE HUNDRED THOUSAND (#100,000) DOLLARS AND PItOPERYY DAMAGE INSURANCE IN THE AMOUNT OF -3- FIFTY THOUSAND ($50,WO) DOLLARS, SUCH INSURANCE COVERAGE TO BE WRITTEN BY A REPUTABLE AND FINANCIALLY RES- PONSIBLE INSURANCE COMPANY. %Ili THIS PRIVILEGE IS ORANYED EXCLUSIVELY TO SECOND PARTY TO BE EXER- CISED ONLY AT FUNCTIONS TO WHICH THE PUBLIC 18 ADMITTED OR INVITED, AND SO LONG AS THE PARTY OF' SECOND PART SUPPLIES THE NEEDS OF THE PUBLIC FOR THE ARTICLES HEREIN ABOVE MENTIONED, THE CITY AGREES NOT TO GRANT TO ANY OTHER PERSON OR ORGANIZATION THE PRIVILEGE OF SELLING SUCH ITEMS ON SUCH PREMISES DURING SUCH SET PERIOD. XIY SECOND PARTY AGREES TO PAY TO THE CITY OF CORPUS CHRISTI 1100.00 MONTHLY, 'PAYABLE EACH MONTH IN ADVANCE FOR CONCESSION AiIIHTS IN EXPOSITION HALL,, PLUS A PAYMENT AT THE END OF EACH MONTH EOUAL TO FIVE PERCENT (5%) OF THE CROSS SALES. x SECOND PARTY AGREES TO PAY TD THE CITY Of CORPUS CHRISTI TWENTY - FIVC AND ONE -HALF (25 1/2%) OF THE GROSS RECEIPTS PER NIGHT FOR CONCESSION RIGHTS IN WP40RIAL AUDITORIUM, EXCLUSIVE OF VENDING MACHINES. MV I SECOND PARTY FURTHER AGREES TO PAY 101ME CITY OF CORPUS CHRISTI TWENTY -FiVE (25%) PERCENT OF THE GROSS RECEIPTS FROM VENDING MACHINES IN EXPOSITION HALL AND W£MORIAL AUDITORIUM. )XII SECOND PARTY AGREES TO KEEP A JUST AND iRU£ RECORD AND ACCOUNT or HIS GROSS RECEIPTS, PURCHASES, AND DISBURSEMENTS, AND FURTHER AGREES TO FURNISH TO THE DIRECTOR OF PARKS AND kCREATiON CERTIFIED MONTHLY STATEMENTS OF GROSS BUSINESS. THE CITY SHALL HAVE THE MIGHT UPON DEMAND TO INSPECT AT REASONABLE TIDES ALL BOOKS, RECORDS, DEPOSIT SLIPS, AND INVOICES Of SECOND PARTY PER - TAIN14S TO FUNCTIONS COVERED BY THIS AGREEMENT, AND MAY, AT ITS OPTION, AUDIT THE BOOKS Of SECOND PARTY SEMI - ANNUALLY. xvlll SECOND PARTY WILL INCUR NO DEBTS OR OBLIGATIONS ON THE CREDIT OF THE CITY OF CORPUS CHRi9Ti, TEXAS. -4- XIX IN THE EVENT THE E%POsITIOH HALL OR AUDITORIUM tS DESTROYED OR DIVERTED TO SOME USE NOT PERMITTING THE PUBLIC ADNIS910H, SUCH AS A DISASTER CEN- TER, THEN SECOND PARTY SMALL. HAVE THE OPTION Of TERMINATING THIS AGREEMENT AS TO SUCH BUILDINQ OR BUILDINGS AT THE END OF THE CURRENT MONTH. WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS, THIS THE DAY OF JuHE, 1954. ATTESTt CITY CC,ETARY APPROVED AS TO LEGAL FORM: CITY ATTOONCY ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS BY RUSSELL . MCCLUME, CITY KANAQER 5%%AN VENDING SERVICE, INC. BY RED AN, ORCSIOENT -5- Corpus Christ!, Texas 1954, TO THE MEMBFRS (F 3,1�F Corpus ChxLtyA, T;r,—q-; Gentlemen Lv,�rlp nmi vLe wergenicy clause Of the fereaolfng ord -satave necessity exist f tat no ordinance or the SuEpen��,'mi q h n or %esolution ne data at iz �intrmduceO, and that such i, s1i -L"e liead at three meetings of the City �tqae t that you suspend said Charter rule or requLcEewent and t''uis ordinance finally *n the date it is introduce6, or, niiec',bi.0 of the City Council. �'IA ?, C C-1' W CORPUS CHRISTI, TEXAS The Chnxtem rul p. awry hy tht, falllawing vote. W. jam,-5 Brace F. P. Feterson, Jr (2-11 7 ep, T�me to titre -fallewi"nu vote, il� C. Callaw*y 6�� 11 SlIr'.sy KIIYIIg Jimrd S. NaismiAtb J .layfieg bxare Petersen, jr