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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 e 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. 7 l