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Home My WebLink About04346 ORD - 09/21/1955} 4 AC: 9/21/55 AN ORDINANCE. AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITHIEXAS STATE COMMISSION FOR THE BLIND WHEREBY THE CITY AGREES TO LEASE THE SOUTHEAST CORNER ROOM OF THE BASEMENT OF THE CITY HALL TO THE TEXAS STATE COMMISSION FOR THE BLIND FOR THE OPERATION Of A SNACK BAR, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF 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, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE 15 HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH TEXAS STATE COMMISSION FOR THE BLIND WHEREBY THE CITY AGREES TO LEASE THE SOUTHEAST CORNER ROOM OF THE BASEMENT OF THE CITY HALL TO THE TEXAS STATE COMMISSION FOR THE BLIND FOR THE OPERATION OF A SNACK BAR, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT DES- CRIBED IN SECTION 1, HEREOF, IN ORDER THAT A SNACK BAR MAY BE INSTALLED FOR CITY EMPLOYEES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF SEPTEMBER, 1955. MAYO THE CITY OF CORPUS CHRISTI, TEXAS ATJE3"f� ` CITY SEC ET Y APPR D AS TO G,AL FOR SEPTEMBER, 1955: CITY ATTORNEY iiiiiiiii THE STATIC OF TEXAS tillOW ALL 171 HY THESE PRESEWiSI COiIN'fY OF NLIECES THIS AGREEMENT, MADE THIS � DAY DF BETWEEN THE CITY Of CORPUS CHRISTI, A MUNICIPAL CORPORATION, NEREINATTER HHOWN AS THE GRANTOR, AND TEXAS STATE CDMMISsiSN FOR THE BLIND, LAND (1FfICE OUILAINS, AUSTIN, TKXAS, MEREIHATTER KNOW AS THE B&ANTEEt WITNESSETHi 1. THE GRWM NEREOY LEASES TO THE 8RAWEE FOR THE PERIOD OF ONE (1) YEAR FROM THE DATE NEREOT THE SPACE WITHIN ITS PREMISES AS fOLLOWSI THE SOUTREAST CORMER RSOM Of THE EASEMENT Of THE CITY HALL, AND AGREES THAT THE RIGHT TO BELL ON YNESE PREMISES SUCH ANTiCLES ASS COffEL AND COLT? DRINK$ AND ARTICLES USUALLY SOLD AT SANDWICH, COFFEE AND COLD DRIN:4 STAR" TO EMPLOYEES AND VISITORS SMALL $ELONG EXCLUSIVELY TO THE GRANTEE. 2. THE GRANTOR AGREES THAT NO RENT SHALL BE CMARSED GRANTEE FOR THE FIRST NINETY (90) DAYS, BUT AT THE ExPiRATION Of SAID NINETY (90) DAY PERIOD A REVIEW SMALL BE MADE, AND If IT IS FOUND THAT THE OPERATORS EARNINGS ARE MORE THAN FORTY DOLLARS (W.00) PER WEEK, THEN AN AGREEMENT MAY BE ENTERED INTO REGARDING RENTAL TO BE PAID. 3. TKE GRAMM AGREES TO SUPPLY THE LIONT, HEAT AMC FUEL NECESSARY fOR THE SERVICE AND OP"AT10N OT THIS CONCESSION. 4. THE GRA{'LM FURTHER AGREES THAT THE GRANTEE MAY APPOINT AN AdLUT TO CONDUCT THIS BUSINESS, AND SMALL HAVE THC PRIVILEDE IF SUPERVISING THIS BUSINESS, AND Of REPLACING THE AGENT AT WILL. 5. THE GRANTOR FURTHER AGREES TO NDTITY THE GRANTEE IMHWIATELY AS TO ANY MISCONDUCT DR MISMANAGEMENT BY THE AGENT WHICH MAY COME TO HIS ATTENTION. 6. THE GRANTEE AGREES TO INSTALL SUITABLE ESUIPMEHT IN Tilt SPACE PROVIDED BY THE GRANTOR FOR THE SERVING or THE MERCNANDIBE AGREED UPON TO THE EMPLOYEES AND VIII1%sORB OT THE BUILDING. 7. THE GRANTEE fURTHER AGREES TO PLACE IN THE STAND A SUITABLE AGENT to THE PERSON OF A BLIND MAN 09 WOMAN WITR SUCH SIGHTED ASSISTANTS AS MAY BE NECESSARY TO CARRY ON THIS SUSIMESS IN A SATISFACTORY HAMMER AND TO MEET EVENT REOUIREMEMT r" QUALITY OF MERCNANBISE AM PROPER SERVICE# 8. THE GRANTEE WILL REMOVE IMMEDIATELY ANY AGENT OR EMPLOYEE OF THIS CONCESSION STAND WHO 15 UNSUITABLE OR UNSATISFACTORY TO CARRY ON THE BUSINESS. 9. THE GRANTEE FURTHER AGREES THAT NONE OF ITS AGENTS SMALL BE CONSIDERED AS EMPLOYEES OF THE GRANTOR, AND THE GRANTOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY INJURY SUSTAINED TO THE PERSON OF THESE AGENTS. 10. THE GRANTEE FURTHER AGREES THAT THE GRANTOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROPERTY OF THE GRANTEE OR OF THE AGENTS THEREOF WHICH MIGHT OCCUR. 11. THE GRANTEE FURTHER AGREES THAT PRICES CHARGED FOR MERCHANDISE SHALL NOT EXCEED REGULAR RETAIL PRICES. COFFEE PRICE SHALL NOT EXCEED FIVE CENTS (50) PER CUPS ?Ot... 1.2. THE GRANTOR AGREES TO ALLOW THE GRANTEE TO REMOVE ON THE EXPIRATION OF THIS AGREEMENT ALL PROPERTY, FIXVURES AND FITTINGS INSTALLED AND OWNED BY THE GRANTEE FOR THE PURPOSE OF CONDUCTING THE BUSINESS BEFORE DESCRIBED. 13: THIS AGREEMENT AND ALL ITS TERMS SHALL CONTINUE AFTER THE EXPIRATION OF THE ABOVE PERIOD SUBJECT TO CANCELLATION UPON THIRTY (30) DAYS NOTICE BY EITHER PARTY, AND SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON THE PARTIES HERETO, THEIR SUCCESSORS AND ASSIGNS. IN WITNESS OF THIS AGREEMENT, THE PARTIES HERETO HAVE BY THEIR PROPER OFFICERS HEREUNTO SET THEIR HANDS. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY ITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM SEPTEMBER �, 1955: CITY ATTORNEY TEXAS STATE COMMISSION FOR THE BLIND BY EXECUTIVE SECRETARY - DIRECTOR A t CORPUS CHl,' ST 1, 'IE XAS 955 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 IS INTRODUCED, AND THAT SUCH ORDINANrE-OR RESOLUTION SHALL BE READ AT THREE MEET N ^_,S OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT A!ID 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 D. SMITH MINOR CULLI !� W. J. ROBERTS o B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH /2" MINOR CULLI W. J. ROBERTS D. E. BIGLER MANUEL P. MALDONADO 444