HomeMy WebLinkAbout04090 ORD - 01/26/1955AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
]BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON-
TRACT WITH THE CORPUS CHRISTI JUNIOR CHAMBER OF COMb�RCE
WHEREBY THE CORPUS CHRISTI JUNIOR CHAMBER OF COMMERCE
AGREES TO LEASE THE CITY ONE HUNDRED SIXTY -ONE 47611
RISERS FOR USE IN THE MEMORIAL AUDITORIUM, IN ACCORDANCE
WITH THE TERMS AND CONDITIONS SET FORTH IN SAID CONTRACT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager of the City of Corpus Christi,
for and on behalf of the City, be, and he is hereby authorized and directed
to execute a contract with the Corpus Christi Junior Chamber of Commerce
whereby the Corpus Christi Junior Chamber of Commerce agrees to lease to
the City one hundred sixty -one (161) risers for use in the Memorial Audi-
torium, in accordance with the terms and conditions set forth in said contract,
a copy of which is attached hereto and made a part hereof.
SECTION 2. The necessity for providing risers for the 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 ordin-
ance or resolution shall be read at three several meetings of the City Council,
and the Mayor, having declared that such emergency and imperative public neces-
sity exists, and having requested said Charter rule be suspended, 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 PASSED AND APPROVED, This the ay of January, 1955.
ATTES�:'�,
City Secretar�T -
APPROVED AS TO-LEGAL FORM:
City Attorney
MAYOR THE CITY Py CORPUS CHRUSTI, TEXAS
W90
f
THE STATE OF TEXAS j
KNOW ALL MEN BY THESE PRESENTSI
COUNTY OF NUECES 1 � -
THAT THE CORPUS CHRISTI JUNIOR CHAMBER OF COMMERCE, HEREIN-
AFTER CALLED LESSORS, AND THE CITY OF CORPUS CHRISTI, A MUNICIPAL
CORPORATION OF NUECES COUNTY, TEXAS, HEREINAFTER REFERRED TO AS THE
CITY, HAVE ON THIS THE 31ST DAY OF DECEMBER, 1954, ENTERED INTO A
LEASE CONTRACT AS FOLLOWS: -
1. LESSORS 0r0 HEREBY LEASE, LET AND DELIVER TO THE CITY ONE
HUNDRED SIXTY ONE (161) RISERS, EACH BEING EIGHT INCHES BY NINETY
SIX INCHES BY SIXTY THREE INCHES (8" X 96" X 63 ") AND ALL BEING
CONSTRUCTED OF NO. Z GRADE PINE MATERIALS, SAID LEASE TO BE FOR THE
PERIOD AND ON THE CONDITIONS HEREINAFTER STATED.
Z. SAID RISERS ARE NOW LOCATED IN THE MEMORIAL AUDITORIUM OF
THE CITY, AND THEY SHALL REMAIN IN SAID AUDITORIUM AND PREMISES FOR
THE PERIOD OF THIS LEASE.
3., THE CITY SHALL HAVE THE RIGHT TO SUBLEASE SAID RISERS AT THE
RATE OF NOT LESS THAN ONE DOLLAR ($1.00) PER RISER, EXCEPT THE
LESSORS WHO SHALL BE ENTITLED TO USE SAID RISERS AT ACTUAL COST OF
HANDLING, PLACING AND REMOVING). FROM ALL- RENTALS COLLECTED THE
CITY SHALL HAVE THE RIGHT TO DEDUCT ITS COST OF HANDLING SAID RISERS,
PLACING "AND REMOVING THE SAME, AND COST OF REPAIRING THE SAME, BUT
THE NET REVENUE AFTER DEDUCTIONS FOR THE PAYMENT OF SAID ITEMS SHALL
BE PAID OVER TO THE LESSORS. IT IS, HOWEVER, AGREED THAT WHEN THE
LESSORS SHALL HAVE BEEN PAID THE SUN OF FOUR THOUSAND ONE HUNDRED
SIXTY DOLLARS ($4,160.00), TOGETHER WITH ACCRUED INTEREST AT SIX
PERCENT (60) PER ANNUM FROM JANUARY 1, 1955, ON THE UNPAID BALANCE
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OF SAID AMOUNT, THEN THE SAID LESSORS WILL ASSIGN ALL OF THEIR RIGHT,
TITLE AND INTEREST IN AND TO SAID RISERS TO THE CITY, RELINQUISHING
ALL CLAIM OR INTEREST IN AND TO THE SAME TO THE CITY, AND ND FURTHER
PAYMENTS OF ANY KIND SHALL BE DUE, OWING OR MADE TO SAID LESSORS,
AND THIS AGREEMENT SHALL THEN BE or NO FURTHER FORCE AND EFFECT.
MLD - 1 -10 -55 - PAGE 2 - IMS
4. THE LESSORS SHALL CARRY A POLICY Of fIRE AND EXTENDED
COVERAGE INSURANCE ON SAID RISERS FOR THE FULL VALUE OF SAID RISERS,
WITH THE CITY BEING A JOINT BENEFICIARY AS ITS INTEREST MAY APPEAR
IN SAID RISERS. THE COST OF SUCH INSURANCE SHALL BE PAID BY LESSORS.
IN THE EVENT LESSORS FAIL TO CARRY SUCH INSURANCE THEN LESSEE NAY
PAY SAID PREMIUM AND SUCH PAYMENT WILL BE CREDITED TO THE CITY AS
PAYMENT ON THE PRINCIPAL.
5. SAID L£sSOR SHALL BE KEPT IN A USABLE STATE Of REPAIR BY
EXPENDITURE Of A PORTION OF THE RECEIPTS FROM SUBLEASING SAID RISERS,
BUT SHOULD ANY ONE OR MORE OF SAID R13ERS BECOME SO DAMAGEk'TO THE
EXTENT THAT THEY CANNOT BE LONGER USED, THE CITY SHALL ACCOUNT FOR
THE ABSENCE OF SAID RISERS AMD WILL NOT BE FURTHER OBLIGATED TO PROVIDE
STORAGE FOR THE SAME:
* 6. IT IS AGREED THAT ACCURATE RECORDS WILL BE KEPT BY THE CITY
AND THE LESSORS CONCERNING THE REVENUE AND PAYMENTS REGARDING SAID
RISERS AND THAT AN ANNUAL STATEMENT SHALL BE PREPARED FOR THE INFOR-
MATION OF ALL PARTIES. THIS AGREEMENT MAY BE TERMINATED UPON THE
MUTUAL CONSENT OF THE PARTIES HERETO, OR THE CITY MAY TERMINATE THIS
AGREEMENT AND REQUIRE THE LESSORS TO REMOVE THE PROPERTY FROM THE
PREMISES OF THE SAID AUDITORIUM.
WITNESS OUR HANDS IN DUPLICATE, THIS THE DAY Df JANUARY,
A. D. 1955-
CORPUS CHRISTI JUNIOR CHAMBER OF COMMERCE
BY
PRESIDENT
ATTEST: ,
SECRETARY
CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
ATTEST:
` CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
> -2-
Co Christi, Texas
TO THE MWERS CF THE CITY COMCIL
Corpus Christi, Texas
Gentlemen:
. I r
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion 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.
Respectfullyi,
' - M9YOR -
CITY CORFUS HRISTI, TEL
x The Charter Rule was suspended by the following vote:
P. C. Callaway d)
Ellroy Sing
James S. Naismith
W. James Brace /
F. P. Peterson, Jr.
The above ordinance was passed by the following-note:
P. C. Callaway
Ellroy Sing.
James S—H iamith
W. James Brace
F. P. Peterson, Jr.
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