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Home My WebLink About04379 ORD - 11/02/1955AC :10/31/55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND BONHAM FOODS INCORPORATED, APPOINTING PERSONS AND STORE LOCATED AT 3920 LEXINGTON, DOING BUSINESS UNDER THE NAME OF BONHAMIS L-6 AS ITS SOLE AGENT FOR THE PURPOSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPART- MENT OF PUBLIC UTILITIES, BEGINNING NOVEMBER 1, 1955, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS 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 IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE.I.T'.ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGERBE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND 13ONHAM FOODS, INCORPORATED, APPOINTING PERSONS AND STORE LOCATED AT 3920 LEXINGTON, CORPUS CHRISTI, TEXAS, DOING BUSINESS UNDER THE NAME OF BONHAM'S #3, AS ITS SOLE AGENT FOR THE PURPOSE OF ACCEPTING PAYMENT OF ITS BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE, AND SEWER SER- VICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING NOVEMBER 1, 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 COPYOF WHICH IS 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 DEVELOP- '. MENT OF THE CITY OF CORPUS CHRISTI, BEING OF THE GREATEST IMPORTANCE TO THE PUBLIC NECESSITY AND CONVENIENCE, 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 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 _�f3�9 EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF NOVEMBER, 1955. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST• va' i e� " CI SEC RttA RY APPROVED AS TO LEGAL FORM: dEmBER .Z , 1955: CITY ATTO'NEY M5 HERMASM or AWdMMT WIN= THZ CITY OF Comm Can= MUZ, a Wumicipal Cao oration, 3ereina Ur Raerred to as CITY" AM BONUM MOW INCOMMM "are -inafte r referred U as 'AGENV WI'"NrSSItTM. s. City hereby appoints Agent as its limited. Agent for the sole, pur,,*" of accenting, at the store of Agent Iodated at 3920 �Axington, Corpus Christi, Texas, and doing business under the awe of 3onha z l s 3, payment of 'bills o ved to City for water, gas, gau' ' and sir service, such appointment to became effective the Ut dear cf Sovamber 1955, and to continue until terminated as herein provided. Agent hereby accepts said appointment, and in consideration thereof and of the compensation to be paid, as hereinafter set out, a tO fasthl'u lys ;perf'ozra his duties an such limitea Agent, in accordance vith the rul" sued Instructions issued by City for the opermUon of such Malted agencies, known as "OkY SMId»;". Contat "reneously with the rxacuting of thlis agreement Agent bas received a Copy at such VQIGe am instructions suns he agrees to tarmillerime himself avid comply :W: =;j min exactly ui.th the same. Such rules and instructions rosy be at any tine by the City, and Agent agrees that upon being furnished with a cosy showing such ehangeu, he will immediately familiarize hiacaelf rased thereafter comply fully+ and exac£lie* therewith. 2. An compensation for the faithful performance of his duties aJ5 such Agent, City heraby agrees to pay Agent on the folloving basis: 7.¢ per bill for the first 4W bills collected 54 W bill for the next 230 bills collected. 3¢ per bill for the next 200 bills collected. 20 per bill for they next 200 bills collected. 1¢ per till for the next and all. rsaaiaing bills collected. Ai�mmt of this fee will be made by City oc or about the tecsth of each MOS 10%lowing that month in which colitectIOM were made. 3.. The nuipsasat necessary for then perfesrrsrft by Agana of his duties hereunder, as set out in the rules and r*SWIStiona mentioned above, will be furnished by City and the ease will at all times "MIA the property of City, to be returned to It by Agent upon the termination v!''sits &Grcmwnt 38 In good condition no vhen receive, ordinary wear exId 'teas exeep d. 4- 01tJ agrees to ;;tamllde amy insurance Coverage made necessary � -Y this VeMM -Mt aW opemtioca hereunder and to ray all pr minis incident thereto. . Agent agm,,n to i =Lir sh tr� City, ikva execution of this tegreeftnty a surety bond in . aacwnt of One Thousand Doliars J ice;, P-Al"IttOd t'ae gaper handling of 3unds collected far C'ItY try Mid .48eut, said bond to 1,e s;;s;prrNe by the City Attorney. 1, ZIS agmement, m as9 'De temLn t, ea :}.ffiYI@c'iFit§:a.y by city wpon a breach tzy ApWt of ary of the te=w azA ounditione hereof, Or failure vz'Aeant, to ccwjly fully with the talcs and instructi.ono heraimbOve referred to. Said agrement my further be termir ai ed by either party without cause by givirS the other thirty (30) de,y'e Vritterl lkotfe,e of au-h termination. It is further weed that Z, ICU'W the Agent: asp. herein mov€ from the address and location 53C:"�: Oat IJIWc 'ro"uch reOMMI SIAI :L autemuesuy teerminat: t3i.,3 ms esar;+P_n4. In ;he ;n % Oil any tea inati.oa of thi °* agreement, C _-Vnt mess that he will notify all persons offerings to make paymit � ' "•x110 1=k, of authority to a of ve such payer =nts and will rerr ai.a ;F',rer;, accMPt rkAr a w V rrtts as at.pnt of he City. CI'T'Y 40F` COFRV CMUSTI, City ueerstaary-� - APd'"tOUM AS TO AL Vii: - - - C3ty Attorney City Manager CITY" Si Herman E. 040rris Seca *tary, Treasurer Bonham roods Incorporated : °.c.; T Corp s Christi, Texas OC _, 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 Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B. E. Bigler Manuel P. Maldonado The above ordinance was passea by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B, E. Bigler Manuel P, Maldonado _ e_ �-3-19