HomeMy WebLinkAbout04242 ORD - 06/15/1955I HS: EM: 6 %9%55
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
FIEhIORANDUN: OF AGREEMENT BETWEEN THE CITY AND FREDDIE
GEFFERT JR., DBA, FREDDIEIS DRUG & VARIETY, AT 2460
BELTON STREET, 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 JUNE 16, 1955 UNTIL TLR MINA -
TION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE
APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERA_
TION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE
WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO
AND HADL 1, 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 BE AND HE 15 HEREBY AUTH-
ORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A
MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND FREDDIE GEFFERT, JR., DBA
FREDDIE's DRUG & VARIETY STORE, AT 2460 BELTON STREET IN CORPUS CHRISTI,
TEXAS, APPOINTING SUCH PERSONS AND STORE AS ITS AGENT FOR THE SOLE PUR-
POSE 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 JUNE 16, 1955, 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 15 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 DEVELOPMENT OF THE CITY OF CORPUS CHRISTI, BEING OF THE
GREATEST IMPORTANCE TO THE PUBLIC NECESSITY AND CONVENIENCE, CREATES 1,
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS-
PENSION 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 READ 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 EFFECT AND BE IN FULL FORCE AND EFFECT
FROM AND AFTER ITS FASSAC,,q IT 15 ACCORDINGLY PASSED AND APPROVED
THIS THEDAY OF 1955•
V
YOR
THE CITY OF CORPUS CHRISTI
ATTZT-`
�.ITY SECRETARYr
PP "(iVtD AS LEGAL:
CITY ATTORhEY
:EMj619135
THIS MEMORANDUM OF AGREEMENT BETMEEN THE CITY OF CORPUS CHRISTI, TEXAS
A MUNICIPAL CORPORATION, HEREINAFTER RErE11RED TO AS
"CITYN
AND
FREDDIE GEFFERT, ,R., DSA, FREDDIEtS DRUG i VARIETY
HEREINAFTER REFERRED TO AS *AGENT".
VIT4ESSETH:
1. CITY HEREBY APPOINTS AGENT AS ITS LIMITED AGENT FOR THE
SOLE PURPOSE OF ACCEPTING, AT THE STORE OF AGENT LOCATED AT 2460 BELTON,
CORPUS CHRISTI. TEXAS PAYMENT OF BILLS OWED TO CITY FOR WATER. GAS,
GARBAGE, AND SEWER SERVICE. SUCH APPOINTMENT TO BECOME EFFECTIVE THE
16TH DAY OF JUNE. 1956. AND TO CONTINUE UNTIL TERMINATED AS HEREIN
PROVIDED. AGENT HEREBY ACCEPTS SAID APPOINTMENT, AND IN CONSIDERATION
THEREOF AND OF THE COMPENSATION TO SE 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 OPER-
ATION Of SUCH LIMITED AGENCIES, KNOWN AS ■PAY STATIONS ". CONTEMPORANE-
OUSLY WITH THE EXECUTION Of THIS AGREEMENT AGENT HAS RECEIVED A COPY OF
SUCH RULES AND INSTRUCTIONS AND ME AGREES TO FAMILARIZE HIMSELF AND
COMPLY FULLY AND EXACTLY WITH THE SAME. SUCH RULES AND INSTRUCTIONS
MAY DE CHANGED AT ANY TIME BY CITY. AND AGENT AGREES THAT UPON BEING
FURNISHED WITH A COPY SHOWING SUCH CHANGES, HE WILL IMMEDIATELY
FAMILIARIZE HIMSELF AND THEREAFTER COMPLY FULLY AND EXACTLY THEREWITH.
2. AS COMPENSATION FOR THE FAITHFUL PERFORMANCE OF HIS DUTIES
AS SUCH AGENT, CITY HEREBY AGREES TO PAY AGENT ON THE FOLLOWING BASIS:
71OPER BILL FOR THE FIRST 400 BILLS COLLECTED.
S ff PER BILL FOR THE NEXT 200 BILLS COLLECTED.
3 0 PER BILL FOR THE NEXT 200 BILLS COLLECTED.
2 It PER BILL FOR THE NEXT 200 BILLS COLLECTED.
1 R PER BILL FOR THE NEXT AND ALL REMAINING DILLS
COLLECTED.
PAYMENT OF THIS FEE WILL BE MADE BY CITY ON OR ABOUT THE
TENTH OF EACH MONTH FOLLOWING THAT MOUTH IN WHICH COLLECTIONS WERE
MADE,
3. THE EQUIPMENT NECESSARY FOR TUC PERFORMANCE BY AGENCY OF
HIS DUTIES HEREUNDER, AS SET OUT IN THE RULES AND INSTRUCTIONS
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 IN AS GOOD CONDITION AS WHEN
RECEIVED, ORDINARY WEAR AND TEAR EXCKPTED.
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 AGREED TO FURNISH TO CITY, UPON EXECUTION OF THIS
AGREEMENT, AND KEEP IN FORCE A SURETY BOND IM THE AMOUNT OF ONE
THOUSAND 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, THIS AGREEMENT MAY BE TERMINATED IMMEDIATELY BY CITY UPON A
BREACH BY AGENT OF ANY OF THE TERNS AND CONDITIONS HEREOF, OR FAILURE
OF AGENT TO COMPLY FULLY WITH THE RULES AND INSTRUCTIONS NEREINABOVE
REFERRED TO. SAID AGREEMENT MAY FURTHER BE TENMINATED BY EITHER PARTY
WITHOUT CAUSE BY GIVIRS 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 WEREINBEFORE SET OUT THAT
SUCH REMOVAL SMALL AUTOMATICALLY TERMINATE THIS AGREEMENT. IN THE EVENT
OF ANY TERMINATION OF THIS AGREEMENT. AGENT AGREES THAT HE WILL NOTIFY
ALL PERSONS OFFERING TO MAKE PAVMKNT OF HIS LACK OF AUTHORITY TO RECEIVE
SUCH PAYMENTS AND WILL REFRAIN FROM ACCEPTING ANY PAYMENTS AS AGENT OF THE
CITY.
CITY OF CORPUS CHRISTI, TEXAS
BY
ATTEST: CITY MANAGER
•CITY•
C17Y SECRETARY
FREDDIE'S DRUG i VARIETY
APPROVED AS TO LEGAL FORK:
BY
•AGENT•
CITY ATTORNEY
CORPUS CH y 5T7, TEXAS
i
1955
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 SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL DE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE,
HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE CR REQUIREMENT AND PASS
THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL Do SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL F. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING `DOTE:
FARRELL D. SMITH
MINOR CULL[
W. J. ROBERT:
B. E. BIGLER
MANUEL P. MALDONADO
q _1�1 4 �)�
T
1
7