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Home My WebLink About04376 ORD - 10/26/1955I . IMS:AC:10 /21/55 AN ORDINANCE AMENDING ORDINANCE NO. 4304 EN LED "AN ORDINANCE T CLASSIFYING THE ATTRACTIONS AND URPOSES FOR WHICH THE MEMORIAL AUDITORIUM IS RENTED; FIXING AND PRO- VIDING A SCHEDULE OF RATES OF RENTALS TO BE CHARGED EACH CLASS OF ATTRACTIONS; PROVIDING EXTENT TO WHICH EXTRA SERVICES, CONVENIENCES AND ACCESSORIES WILL BE FURNISHED WITHOUT ADDITIONAL CHARGES; PROVIDING FOR THE RENTAL AT REDUCED RATES FOR REHEARSAL AND PREPAR- ATION PURPOSES AND FOR THE MOVING OF EQUIPMENT IN AND OUT; PROVIDING THAT THE RIGHT TO OPERATE CONCESSIONS SHALL BE RESERVED BY THE CITY UNLESS SPECIALLY CON- TRACTED OTHERWISE; REQUIRING CERTAIN PROVISIONS IN ALL RENTAL CONTRACTS; DESIGNATING THE ADMINISTRATOR OF SUCH BUILDING AND FACILITIES; PROVIDING FOR AN EFFECTIVE DATE; REPEALING ORDINANCE N0. 3777, PASSED AND APPROVED ON THE 9TH DAY OF JUNE, 1355; AND DECLARING AN EMERGENCY ", BY AMENDINGSECTION 2 OF SAID ORDINANCE NO. 4304 BY THE ADDITION OF A NEW SUBSECTION TO BE DESIGNATED AS SUB- SECTION 0 OF SAID SECTION 2 SO AS TO PERMIT THE LEASE OF SAID AUDITORIUM FOR PERIODS OF LESS THAN'ONE 1 YEAR OF ONE.NIGHT PER WEEK AT A GUARANTEED RENTAL OF NOT LESS THAN TWO HUNDRED DOLLARS PER N GHT PLUS A PERCENTAGE OF THE GROSS RECEIPTS; PROVIDING OTHER REGULATIONS TO APPLY IN EVENT OF SUCH LEASE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS DEEMED ADVISABLE AND ADVANTAGEOUS TO THE.CITY TO PERMIT THE LEASING OF THE MEMORIAL AUDITORIUM OF THE CITY FOR PERIODS OF LESS THAN ONE (1) YEAR TO BE USED ONE (1) NIGHT EACH WEEK AT A RENTAL OF PERCENTAGE OF THE GROSS RECEIPTS WITH A GUARANTEED MINIMUM OF TWO HUNDRED DOLLARS ($200.00) PER NIGHT, SUBJECT TO CERTAIN SPECIAL RULES AND REGU- LATIONS BEING INCLUDEDIN SUCH LEASES: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE N0. 4304 ENTITLED "AN ORDINANCE CLASSI- FYING THE ATTRACTIONS AND PURPOSES FOR WHICH THE MEMORIAL AUDITORIUM IS RENTED; FIXING AND PROVIDING A SCHEDULE OF RATES OF RENTALS TO BE CHARGED EACH CLASS OF ATTRACTIONS; PROVIDING EXTENT TO WHICH EXTRA SERVICES, CON- VENIENCES AND ACCESSORIES WILL BE FURNISHED WITHOUT ADDITIONAL CHARGES; PRO- VIDING FOR THE RENTAL AT REDUCED RATES FOR REHEARSAL AND PREPARATION PURPOSES AND FOR THE MOVING OF EQUIPMENT IN AND OUT; PROVIDING THAT THE RIGHT TO OPER- ATE CONCESSIONS SHALL BE RESERVED BY THE CITY UNLESS SPECIALLY CONTRACTED OTHERWISE; REQUIRING CERTAIN PROVISIONS IN ALL RENTAL CONTRACTS; DESIGNATING THE ADMINISTRATOR OF SUCH BUILDING AND FACT TIES; PROVIDING FOR AN EFFECTIVE DATE; REPEALING ORDINANCE NO. 3777, PASSED AND APPROVED ON THE 9TH DAY OF JUNE, 1955; AND DECLARING AN EMERGENCY ", PASSED AND APPROVED ON THE 3RD DAY . nF AUGUST, 1955, BE, AND THE SAME IS HEREBY AMENDED BY THE AMENDING OF f.. SECTION 2 OF SAID ORDINANCE N0. 4304 BY THE ADDING OF A NEW SUBSECTION TO SAID SECTION 2 TO BE KNOWN AS SUB5EC'F4 ON 0 OF SAID SECTION 2. WHICH SUBSECTION 0 SHALL READ AS FOLLOWS: °O. ANY AND ALL ATTRACTIONS OR EXHIBITIONS OF WHATEVER SORT FOR A PERIOD OF ONE (1) NIGHT PER WEEK FOR A TOTAL PERIOD OF LESS THAN FIFTY -TWO (52) WEEKS WILL BE PERMITTED ON THE FOLLOWING TERMS: (1) A LEASE MAY BE GRANTED FOR ANY PERIOD OF MORE THAN TWELVE (12) WEEKS AND LESS THAN FIFTY -TWO (52) CONSECUTIVE . WEEKS FOR THE USE OF THE MEMORIAL AUDITORIUM FOR A DESIG- NATED NIGHT OF EACH WEEK. (2) THE LESSEE WILL PERMIT THE SUBSTITUTION OF SOME OTHER NIGHT EITHER IN THE SAME WEEK OR AT THE END OF THE TERM FOR THE DESIGNATED NIGHT UPON A WRITTEN REQUEST OF THE CITY AUDITOR- IUM MANAGER, PROVIDED SUCH REQUEST IS GIVEN AT LEAST THIRTY (30) DAYS PRIOR TO THE DESIGNATED DATE DESIRED BY THE CITY TO BE RELINQUISHED. (3) THE RENTAL FOR SUCH A TERM SHALL BE A MINIMUM OF TEN PERCENT (10'x) OF THE GROSS TICKET SALES AFTER ADMISSION TAXES OF EACH OCCASION OF USE OF THE AUDITORIUM, PROVIDED THAT A MINIMUM OF TWO HUNDRED DOLLARS ($200.00 SHALL BE PAID TO THE CITY AND A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00 SHALL BE PAID. (4) AT THE TIME OF THE EXECUTION OF ANY SUCH LEASE THE SUM OF AT LEAST ONE THOUSAND DOLLARS ($1.000.00 SHALL BE PAID TO THE CITY AND BE CONSIDERED AS AN ADVANCE PAY- MENT ON THE LAST FIVE (5) NIGHTS' USE PROVIDED FOR IN THE TERM OF SAID LEASE, IN THE EVENT THERE. IS DUE THE CITY FOR ANY ONE OR MORE OF SAID NIGHTS' USE OF SAID AUDI- TORIUM, ANY ADDITIONAL SUM SO DUE THE CITY SHALL BE PAID AS SOON AS IT IS DETERMINED TO BE DUE. (5) THE LESSEE SHALL LIMIT THE USE TO A PARTICULAR PUR- POSE AND SHALL FURNISH ANY WCIAL EQUIPMENT REQUIRED FOR SUCH SPECIAL USE AT HIS OWN EXPENSE, INCLUDING THE COST -2- OF MOVING IN AND MOVING OUT BEFORE AND AFTER EACH NIGHTS USE. THE CITY WILL NOT PERMIT A COMPETITIVE EVENT FOR THE SAME PURPOSE TO BE MADE OF THE AUDITORIUM WITHOUT THE WRITTEN CONSENT OF THE LESSEE IN SUCH LEASE. THE USE TO BE DESIGNATED SHALL BE A SINGLE USE AND BE COUCHED IN SUCH LANGUAGE AS 15 APPROVED BY THE AUDITORIUM MANAGER. (6) THE LEASE SHALL PROVIDE FOR THE RENTAL FOR THE TOTAL PERIOD OF TIME COVERED IN THE TERM OF THE LEASE - WITH EACH NIGHT'S MINIMUM RENTAL TO BE PAID TO THE CITY IN ADVANCE OF THE USE OF THE AUDITORIUM. (7) THE LEASE SHALL BE SUBJECT TO ANY EXISTING AGREE - MENT5 BETWEEN THE CITY AND OTHER PARTIES REGARDING CON- CESSION RIGHTS, AND SUBJECT TO THE LIMITATIONS ON CON- CESSION RIGHTS AS MAY BE REQUIRED BY THE AUDITORIUM MANAGER. (B) AT LEAST TWO (2) OFFICERS SHALL 13E EMPLOYED AT THE EXPENSE OF THE LESSEE FOR EACH NIGHT OF USE OF THE BUILD- ING, WHICH OFFICERS SHALL BE OFF -DUTY CITY POLICEMEN. (9) ALL LEASES SHALL CONTAIN THE PROVISION THAT IN THE EVENT THE SAID AUDITORIUM BE IMPROVED BY THE INSTALLATION OF AIR - CONDITIONING, AN OPERATING CHARGE SHALL BE DEEMED JUSTIFIED AND PAID BY THE LESSEE A$ A RATE TO BE ESTAB- LISHED BY THE CITY. THE USE OF SUCH EQUIPMENT SHALL BE OPTIONAL TO THE LESSEE. SECTION 2. EXCEPT AS HEREIN AMENDED, SAID ORDINANCE N0. 4304 SHALL BE CONTINUED IN FULL FORCE AND EFFECT. SECTION 3. THE NECESSITY FOR PROVIDING FOR A SCALE OF RENTALS FOR LEASES OF THE TYPE DESCRIBED IN THIS ORDINANCE CREATES A PUBLIC EMER- GENCY 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 RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, -3- HAVING DECLARED SUCH PUBLIC 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 IIT AS ACCORD- INGLY PASSED AND APPROVED, THIS THE DAY OF 1955. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST; CITY SE\CR .T Y APPROVED AS TO LEGAL FO OCTOBER 26 _ . 1955: CITY - AT+CRNEY CORP U RIS I, TEXAS In 9--,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 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. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER PULE WAS SUSPENDED BY THE FOLLOWING VOTE. FARRELL D.. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO Y-3--? �