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Home My WebLink About04422 ORD - 12/21/1955AC: 12/19/55 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY HANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A MEI >10RANJUM OF AGRM.1E -NT BETWEEN THE CITY AND LEONARD o. RHODES, J/B A STAR DRUG STORE, AT 4 :17 KOSTORYZ ROAU, CORPUS CHRISTI, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYI,IEiNT OF BILLS WED TO THE CITY FOR WATER GAS GAR - oAGE AND SEWER SERVICE, PAYABLE TO ITS OEPARTP4EPi OF PUBLIC UTILITIES, SEGh' :PINC JANUARY 11 1; G, UNTIL T EI;Iii I kA T i ON UPON DEFAULT OR REMOVAL FROH jA i D ADDRESS Y THE APPLIHTE'ES HEREIN AS HEREII'! PROVIDED, FOR AND IN CCNS I'JERA I I OH OF THE FEES AS C'MEDUL'ED THEREIN, ALL IN ACCORDANCE idlTI -I SAID AGIILEIiENT, A COPY OF {WHICH IS A I TACHED HERETO Ai!J MADE A PAi;T HEREOF; AND DECLARING All EI,9ERGEFICY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY [41ANAGER BE AND HE IS HEKEDY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND LEONARD 3. RHODES, D /3 /A STAt; DRUG STORE, LOCATED AT )1731 KOSTONYZ i30AD, CORPUS CHRISTI, TEXAS, APPOINTING SUCH PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF ITS BILLS OWED TO THE CITY FQ.1 WATER, GAS, GARBAGE, AND SEWER SEi;VICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING JANUARY 11 1 56, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM THE PREMISES BY THE APPOINTEES HE ^EIN AS HEREIN IROVIDED, FOR AND IN CON- SIDERATION OF THE FEES AS SCHEDULED THEI °EIN, ALL IN ACCORDANCE WITH SAID AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND HADE A PAi ^,T HEREOF. SECTION 2. THAT THE NECESSITY OF MAKING PROVISIONS TO FACILITATE SUCH PAYI -0ENTS TO THE CITY BY THE PUBLIC TO ACCORD WITH THE GROWTH AND DEVELOP- MENT OF THE CITY OF CORPUS CHI;ISTI, BEING OF THE GREATEST IMPORTANCE TO THE PUBLIC NECESSITY AND CONVENIENCE, CREATES A PUBLIC EMERGENCY AND FAN IMPERATIVE PUDLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE Oil RESOLUTION SHALL 13E PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH OKDINANCE OR RESOLUTION SHALL 3E READ AT THTZEE SEVERAL MEETINGS OF THE CITY COUNCIL] AIJD 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 INTNODUCTIOPI AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AIJD EFFECT FROM AND AFTER ITS 4q12- --- PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, IT '° "`' ° ^ "'" " """ °ncc r.D THIS THE AY OF DECEMBEY., 1955. MAYOR— THE CITY OF CORPUS CHRISTI, TEXAS ATTc�T:-�I CITY SEC "P.ET APPROVED AS DECCb4GER TTORMEY G� L FOiZf9 195J: U1, A4, Z21av B=j 4 III "I MY al, Cud—" IS Trzzz, 5WQiaLEtAW IWOrrad to an rlcmu JC".) -Z 4410 B. ABA '37AV, D"M 5TTZ IWreimfter rurarrW t4 an vACLaM, ClUr hQMbY iq)pCd1*8 Aeont GG itS IUAtAd ALpitt fW at &U pjW- Pow or accWti'V, 4t the BUD%, oz A� lcoated at 4737 1,00,QL71 Toad, I-IMIAM -Ilrimti, '-*XaV$ arrI doing bwimma under the nme of Stw Jrj4j sto e, Pf4nV',* of bills Wed to Gity for uater, a au, qmw gW gmUo Onvice, Owh aWolabmxt. to becam "fe&Ave the let 4W 0 Jamury, 1)56, aai to coubuxo UAVU UMAmted as Imwein provided. ArAnt horAW accepts mid aWQiatmvat, WW JjI Gowideration thowear mid a tW to be pUd, as hare in- C 'tOr wt Out, aCrOOD to TaithAUZY partem ?sib duWAO as such lIzAted 4,e t., L 13 OWMNIOWO With tbC rules end in0truct4cas imad by Uty for vw op%m- tim (w such umitw Agencies, wxxA-4 as ap-a -,,ZEX, LAI. centowmwoa with th* 074CUU44 a tUO Ogreaftat A,6vnt I= received a ocW W' ouch rulea ZL4 IW-'VzUQw -'Od he car to f=Lllwiza h1weelf aW oaV4 W-ly 4Lxl =Wt4V %"A tbO SOM10- ZRAOT' rules and inatructiona mW be obw%wd at anti` tim 4 VIO CAYp 4W IWOM apVSS that Wan being :hwniahad with a copy AlmdxC 8wh ObOAPS, be VM lmmxUataly fmailiwime ht=wU' and thervart4w 60017 ftily and e=aws therewith. 2. An ampanutica fer the faithful pwTwmnw of bie duties as euch AVeft# City kAr*, a 1 t* pgy, i6Vnt On VIS fOIA10%jing boW.A,- 7*0 per bill for the flr► hW bills cerW& .Ad. So par bill for the neA 200 bill e collaoW. 30 par bill for the next 2W bin conmew. 20 PW bill for the mxt 200 $ilia collected. 14 Par bill}. for Vie next &W all romMALng bills eallectod. PRYmnt of ZhIS 100 UM be soft by jity an cr about the With of each 004h r*U0JU9 'that Meath in iftah avilloctione were maft. 3- 11m 09ULPMN* 00086807 fm U10 parfaroAme by -'.gout Qf bin dutiee bmVIuwAW* W mOt eat = ti* n3ae 4v3d rogoatiew =mLlawd Sbm, will b& ft"tu"d IT CAA &W the SWO Will at W-1 time rawAin the vrcpertV of City, to bu sts m W- to it, b.,,* upon tkg UT1,1t MUM 9,r this Vk- ,Oewat as in good oaxatim so uben, received, ordiavW wwr awl tear wwaptod. 4. -ity agvucs to prw4do aW Inswaum covarqm and newbowy lw this a at aril qwaticm havuAdor and to pay 4U praml=o IrAidw* thuroto. 5. Agwit aa-we to furrAd% to City, upon amw4ion of this aovwwftj a MWUW bodd in the MOW* of Un —lhWA%W Dallars C a,000), U the prq)ar baaaiM of rumle collmated for Oity ty no AOm*j wUA boW to be approved by tba G 3V Attorwq. G. 71do gowmaut MW be meted inwdlAte4y bV City upon a twooAd, by Agont �" vV of tho torm wA conditime hmQC, or rallwv Q x, Lvant to oaVly fO%r wilt the rulao wul inmractiam hemiraWm mforred too girl agrommut =y Awthar Le tandnated by either pwV vithoat ouum bV rAvIM tho othar this tV (30) dWe witt4m nobs a such turclaation. It iv Pur- ther arXood that ahould the Ag" amod hurolu move, IV= the address am lAvation "Weidjorme not out th4 ouch Mauna Shall autowtioutv torgd- onto UAS i4g"Womt. In the went of ark tay4nLtion of this aMwAxat, Acoft agreou that '14 WLU notify? all -IArOQW ofter1rc to Yalu, PwAi-A of hVi Jack of authwitq to rowive *Aoh pWanoto and id2l m-rain I-rm wompt- irL, mW pqmnU as teent of the G:Ltv* AVS41t MUF mz;G77 Apfll"W,z ALTO L',1�41— M-7 Xf tarow XXI. mw SlZck� TO -THE- EMBERS OF THE CITY COUNCIL Corpus Chri.sti,.Texas Gentlemen: Corpus °Christi, Texas 1 , 1955 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 T B, E. Bigler Manuel P. Maldonado The above ordinance was passea by the following vote: Farrell D. Smith T Minor Culli �s W. J. Roberts L B, E. Bigler+' Manuel P, Maldonado - � f4�zZ KNOW ALL MEN BY THESE PRESENTS, that Leonard B. Rhodes (hereinafter called Principal), as Principal, and American Motorists Insurance Company (hereinafter called Surety), as Surety, are held and firmly bound unto the City of Corpus Christi, Texas (hereinafter called obligee), in the full and just sum of One Thousand Dol- lars ($1, 000. ), to the payment of which, well and truly to be made, the Principal and the Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has appointed the Principal its Agent to collect utility fees at Corpus Christi, Texas. NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal shall indemnify the Obligee from and against any and all direct loss which the Obligee shall sustain through the fraudulent conversion by the Principal after the 1st_ day of Jana=. 1956 and while this bond is in force, of any property or money belonging to the Obligee, then this obligation shall be void, otherwise to remain in full force and effect. This bond is issued and accepted upon the agreements and limitations set forth in Section "All hereof, and upon conditions set forth in Section "B" hereof, which conditions shall be conditions precedent to recovery hereunder. SECTION "A" FIRST: The Surety shall not be liable hereunder for any loss caused by a default committed by the principal, unless such default be discovered prior to the expiration of six months from the cancellation or termination hereof or from the date upon which the Principal shall for any cause, cease to act as Collection Agent for the Obligee. SECOND: The Surety shall not be liable under this bond for more in the aggregate than the above named penalty, regardless of the number of years this bond shall continue in force and of the number of annual premiums that may be payable or paid, THIRD: The Surety shall not be liable on account of any money or other property that may be applied by the Obligee or the Principal, or otherwise, to the payment to the Obligee of any indebtedness of the Principal, or of any shortage of the Principal originating prior to the date hereof, FOURTH: The Obligee shall not, without the written consent of the Surety, permit the Principal to continue as its Collection Agent after the discovery of the Obligee of a default on the part of the Principal which might be made the basis of a claim hereunder, or which would indicate that the principal was unworthy of confidence. FIFT -E: The Obligee and the Surety shall share any recovery from any source (excluding suretyship, and reinsurance, collateral and indemnity taken by the Surety), made by either on account of any loss, in the proportion that the account of the loss borne by each bears to the total amount of such loss; and simultaneously with the payment of such loss, the Obligee shall execute all instruments which the Surety may require to secure to it the rights herein provided for, SIXTH: Either the Surety or the Obligee may cancel this bond by written notice served upon the other, or sent by registered mail and specifying there- ✓/a k ", � ri .., r _41 J v- t KNOW ALL MEN BY THESE PRESENTS, that Leonard B. Rhodes (hereinafter called Principal), as Principal, and American Motorists Insurance Company (hereinafter called Surety), as Surety, are held and firmly bound unto the City of Corpus Christi, Texas (hereinafter called obligee), in the full and just sum of One Thousand Dol- lars ($1, 000. ), to the payment of which, well and truly to be made, the Principal and the Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has appointed the Principal its Agent to collect utility fees at Corpus Christi, Texas. NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal shall indemnify the Obligee from and against any and all direct loss which the Obligee shall sustain through the fraudulent conversion by the Principal after the 1st_ day of Jana=. 1956 and while this bond is in force, of any property or money belonging to the Obligee, then this obligation shall be void, otherwise to remain in full force and effect. This bond is issued and accepted upon the agreements and limitations set forth in Section "All hereof, and upon conditions set forth in Section "B" hereof, which conditions shall be conditions precedent to recovery hereunder. SECTION "A" FIRST: The Surety shall not be liable hereunder for any loss caused by a default committed by the principal, unless such default be discovered prior to the expiration of six months from the cancellation or termination hereof or from the date upon which the Principal shall for any cause, cease to act as Collection Agent for the Obligee. SECOND: The Surety shall not be liable under this bond for more in the aggregate than the above named penalty, regardless of the number of years this bond shall continue in force and of the number of annual premiums that may be payable or paid, THIRD: The Surety shall not be liable on account of any money or other property that may be applied by the Obligee or the Principal, or otherwise, to the payment to the Obligee of any indebtedness of the Principal, or of any shortage of the Principal originating prior to the date hereof, FOURTH: The Obligee shall not, without the written consent of the Surety, permit the Principal to continue as its Collection Agent after the discovery of the Obligee of a default on the part of the Principal which might be made the basis of a claim hereunder, or which would indicate that the principal was unworthy of confidence. FIFT -E: The Obligee and the Surety shall share any recovery from any source (excluding suretyship, and reinsurance, collateral and indemnity taken by the Surety), made by either on account of any loss, in the proportion that the account of the loss borne by each bears to the total amount of such loss; and simultaneously with the payment of such loss, the Obligee shall execute all instruments which the Surety may require to secure to it the rights herein provided for, SIXTH: Either the Surety or the Obligee may cancel this bond by written notice served upon the other, or sent by registered mail and specifying there- Page -2. in the effective date of such cancellation, such date, if the notice be served by the Surety, shall be not less than twenty -five (25) days after such service, or, if sent by the Surety by registered mail, not less than thirty (30) days after the date borne by the sender=s registry receipt. And the Surety shall not be liable on account of any property or money that may be actually collected by the Principal after the date of the mailing or servicing by the Obligee of such cancellation notice, or on account of any property or money that may be in the possession or custody of the Principal after the effective date of such cancellation, or on account of any moneys collected thereafter. In case of cancellation, the Surety shall, on demand in writing, refund to the Obligee the unearned premium computed pro rate, but such return premium shall be repaid to the Surety in case of payment of a loss hereunder. SECTION "B" FIRST: Immediately upon discovery-by the Obligee of any fraudulent con- version as aforesaid, or of any act on the part of the Principal that would indicate that the Principal is unworthy of confidence, the Obligee shall give the Surety notice thereof by telegram or registered letter addressed and sent to the Surety at its Home Office in Chicago, 111inois SECOND: Claim for loss hereunder shall be itemized with full particulars, subscribed and sworn to by the Obligee and presented to the Surety within three months after the discovery of such loss as foresaid. THIRD: Any suit or action to recover against the Surety on account of loss hereunder shall be brought before the expiration of twelve months from the discovery of such loss, as aforesaid. FOURTH: In case any limitation herein for bringing suit, or for giving notice, or for filing proof shall be void under the law governing the con- struction hereof, then such suit shall be brought or notice given, or proof filed, within the shortest period of limitation permitted by such law. Signed, sealed and dated this 03 th, day of December ly ATTEST ATTEST: BY: American Motorists Insurance Oo. B. W. Major Attorngy -in -fact) BY: q�12_