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HomeMy WebLinkAbout04847 ORD - 08/21/1957IMS:Ee:8 /21/57 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, 0 XECUTE A CONTRACT WITH DONALD BONHAM ROBERT FLATO AND HERBER RRITEES, FOR THE INSTALL ION OF AIR CONDITIONING E U NT IN I C�iY EXPOSITION HALL BUILDING ON SHORELINE BOULEVARD. TO BE WITHOUT COST TO THE CITY BUT UNDER CERTAIN TERMS REIMBURSABLE TO THE SAID TRUSTEES OUT OF INCREASES IN EARNINGS FROM THE USE OF SAID HALL, A COPY OF WHICH AGREEMENT 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 IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH DONALD BONHAM, ROBERT FLATO AND HERBERT MORRISON, AS TRUSTEES, FOR THE INSTALLA- TION OF AIR CONDITIONING EQUIPMENT IN THE CITY EXPOSITION HALL BUILDING ON SHORE- LINE BOULEVARD, TO BE WITHOUT COST TO THE CITY BUT UNDER CERTAIN TERMS REIMBURS- ABLE TO THE SAID TRUSTEES OUT OF INCREASES IN EARNINGS FROM THE USE OF SAID HALL, A COPY OF WHICH AGREEMENT 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATELY ENTERING INTO THE CONTRACT DESCRIBED IN SECTION 1 HEREOF FOR THE INSTALLATION OF AIR CONDITIONING EQUIPMENT IN THE CITY EXPOSITION HALL BUILDING 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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 SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF AUGUST, 1957. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF AUGUST, 1957: CITY ATTORNEY qF)ql ' ' t�tT�ltbl57 THE STATC OF TEXAS Maw O' 1"CES j WHEWASp THE CITY OF CON" CHRISTI 10 THE WHEN OF CERTAIN MUCTURES Aft PRENIRCS GENERALLY RCFERREO TO A4 TUC E %P041TtOM HALL$ LOCATED ON SNONELtkt BOYLEVAROA WHICH 10 OPERATED AND MAINTAINED BY THE CITY GF CORPUS CHRISTI ON A LEASE BASIS TO MEMBERS OF THE PUBLIC WINES A CERTAIN SCHEDULE OF RATER AND VSESp tSTASLf SXED AND CLASSIFICO UNDER FEARS OF ORDINANCE HO. 43031 AND WHEREAS$ A GROUP OF CITIT,EN*f REPRESENTED BY DftALO SONNAMp ROBERT FLATO ARD HERBERT MciRiki"wo TSIISTEESA ARE Dt4$RDUS OF tMPRDViUU SA$0 PROPERTY BY THE INSTALLATION OF Alit CONDITIONING EQUIPMENT$ SUCH ESUIPMCIT ANO T IN STALLATION THEREOF TO BE PAID ENTIRELY FROM THE PROCEE46 OBTAIME4 SY ING RE C IN INCOME FROM USE OF THE ERRQ4tTt ON HALL BY LESSCIBP INCLUDING MAKI NC ExTRA 2 CXARGEB 6F LESSEES OF SUCH E%POBITION HAL PONT 100 t,HE REOFp WHO M`YI AT TNtlQ DISCREtIOX1 RCOUCST THE USE Due" AIR CONOITISII/ING EQUIPMtHT SO /W. v..,..J y✓ } THE PERIOD 6F 1 EIR LEA4Ep ANY IPAYED TO OE REC�IVED DYERtA FIVE, -� YEAH Rf Rl OOj TII DE jNELD IN A AU Ck4E ACCOUNT 'BY HE CITY OF CORPUS 'CNN I By AND APPLIED i0 TXE PAYMENT F THE LORI OF SOCA AIR CQHOI TIONIp14•: EQUI PMENT A,4u- OFALLATION i HAROES N ACCORDANCE MI'P(�l THE TERMS 4ERE�IPp` ) NCw REFOREA t{Ii,6�MEN iAi THESc, SEOTSO THATi IT,'#S AGREED Of - 1 'v` l AND BETVE THE CIT( OF -EOFiCU�'ACNR44Yt pT,,_'Aff"T6 BY -,SRO TNR011Ski ITC CITY "MAG1Rp HERE$ TEN GALLCD Cj 1p "p WITH UORALD sai"AMp RS4f11T Y'L11tO AND �ERSERt MQRRISONp STt�B FQR SAID G9MW! OF Cl TI iEI1Dj HEREINAFTER NEft"tDJFO..'J� '�TNUOMJIN p DC 't _ $A?.. AGREE UP" FOLIOowfmBI:' - 1. THAT Tt Tao:,,,r TtS WILL "ME Lr$ a YITN +N TEN 1 ©)zg91YB FROM DMTt of E% UTION t AGRE 7. C TRACT Oy .e � kCl�,j'HE iNSTALLA- y rI B FICIEI�f �IOT LESS THAN ONE *DNWREo AND T+rt4 IN S" ; 1 41 ;C UNIT AS ARE A"'DVED BY iMt CITY COUNC 16% AIR COSplT7 IN; ONITB °M1ACGQ/�� � t f I 10 PL AND SPtGi�ICA7 #,Oq} TO OE SUGJECT TO VVE " #OR APPI*AL•OR Y}u % y I CI INSPECTION SECTIGN- THE �icPANpIiT`rtg PUIRFC 48RREp AB btliys iN KE #xi WITH NE CONSTRUCT ION QfTAt t1 O!'), Tilt EEPGBI TI ON HALL AND TOE AP141 EARL REGUL A- 3 TORY CI Y ORDINANCES, kITHiR THE BUILDING HERAtN REFERRED TO AS TM[ITY Ex"- Si TtON H LA TOGETHER WITH ALL PIPES$ MRCS$ Ft -MN48p CONNECT!Olif{I COOLING TOMtRSp DRAINS$ SAFFLt*# SC 0 ANO OTHER EQUk PN1RT PROPER AND NECESSARY FOR THE EFFICIENT USE AM OPERATION OP WA10 MACRINCS$ INCLUDING PROVISION FOR SEPARATE MACNINt POWER MKTCRr110# TO SC AM StCOME A "FIT OF THE SAID WI1.0IIIG AND ST/NCTuRE# 4084tCT TO Tat RIGHT OF NEd"J". K SWCN )NPIMSYCr1ENTS AS NCRCIN- AFTCN pRSVIGEO. IT IS AGREED THAT SAID MACHINES OR SUEN LA=tR UNITS AS MAY BE REOUIRCD SMALL BE INSTALLED AHO PLACEO IM OP£NATtO* VARRANTED FOR A TERM IM FIVE (5) YEARS TO BE EFFICr ENT TO DELIVER THE FO&LOWIN4 MINIMUM PERTOR"ANCEI (Y #) TS RCe1rCCAAMO 001.1) lot T €fwZ%1%TURt WITHIN ThE STRUCTURE AT A TEMPERATURE OF AT LCAq SEVt *TEEN itz °t DEGREES FAMNEN"EIT LOVER THAN THE EXISTING OUTSIDE TEMPERATURE# BY DRY SULK BEADING ACCOROINO TO A. S. R. E• STANDARDS# AND MOLD THE M MIOITY WITHIN SUCH STRUCTURE AT NOT " FTTER TRAM FIFTY (50%) PER CtNT,t ALL WHILE AND OURt NO THE OCCUPATION OF SUCH ►TAUCTUNE SY PERSONS AND PROPERTY FOR THE PUAPOSES FOR WHICH THE USE OF 8A10 STRUCTURE IS CLASSIFItD AND THE USES FOR WHICH IT IS ORDINARILY SUBJECT TO "i'"S OSCOt n Irti a WHOLE OCCUPIED Or 21 PERSONS an LESS, A TOLERANCE Of FOUR (4%) PER CENT# PLUS On /N1I pNUStSMALjjL Be PERN41TED tH DETEIMINING SUCH EFFI GI ENCYP., '.` 0 µa.., JLe... A �..,`.yI�yy ryL�. !•* ,. ^1.l ,1 E: -h .L . _ r �$.� ��� MACrtr *tot, I N8T}ALLILY IIOMB 'A1rMl,St WgWRANTEO !b THE EXTENT THAT ALL PARTSL AN* LAB DR EIc SSARY FOR REPLAC € *ERTt REPAIRS ON ADJUSTMENT AND MAINTENANCE TO SAID MACHtHES CHI ANY OF THEM OR ART OF THE PARTS OR EQUIPMENT INSTALLED IN CONNECTION WIT" SAID, MACHINES SMALL 8E FuRRISHtO WITHOUT COST TO THE CITTi SUC"AR jy RANTV SMALL INCLUDE THE NIOUT OF THE CITY TB REQUEST; T REPLACE - *EMT# REPAIR OR ADJUSTMENT OF SUCH NACMtNES TO DELIVER THE ETFI- CIENT MINIMUM AAR CONDITIONING BERVtCE SET FORTH IN SUB - PARAGRAPH (t.) IMME0IATELY ABOVE, AND FAALUNG OF THE WAIINANTOR TO FURBISH f SUCH REPAIR SERVICt WITHIN MOOTY -FOONt 1243 "DIIH! DF SUCH IIEQUtST 0.", SMALL SE AUTHORITY FOR THE CITY TO PROCURE SUCM SERVICE AT TWC EXPENSE OF THE WARNANTOR. {3.1 $NOULD SAID NACNINCS FAIL It DELIVER THE MINIMUM EFF- CIENCY OUTPUT WKkEIN PROV1090# AFTER A IEABONASLE rIPtWRTUHl TY OF THE INSTALLER TO AOJUST#- CORRECT OR &LTC* SUCH MACHINES# THE CITY !MALL HAVE THE BpT1DN OF NOTIFYIRB THE TRUSTEES OF THE DETERMINATION OF THE INSUFFICItNtT DF SUCH MAC*t NES AMO TO NtMSWE THE SAMC TO- 4ETHER WITH ALL OTHER EQUIPMENT INSTALLED THCCLWITH AND RESTORE - 2 . THE rREN1BE8Tin THE COMMITMON TIKT WERE IN PRIOR TO VMS IIMTALLA- TMOB WITHIN A REASONASLt TIME, ALL AT THE tRPEMSE OF THE TRUSTEES. IN THE EVEMT SUCH MACHINES Aft SUrftCUtnTLV tFf UCIEWT TO DCLIVCR THE MINIMUM OUTPUT "CREiWASOVE PROVIDES ran A TIME AND TIKY SHOULD fAtL TO CONTINUE TO DELIVER SUCH MINIMUM OUTPUT, AFTER NOTICE Of THE CITY AM TAILUK TO R$STOBt MUCH MACHINES TO SUCH EFFICIENT OPERATION WITHIN A IEAOMAOLE T'IIKT SNALL ALOO AUTHORIZE THE CITV, AT ITS OPTIONM TO YZIMiMATC THIS AGREEMENT AND REWIRE THE REMOVAL Or SAID MACHINES AND EeitRKHT FROM THE PREMISES AND RESTORE THE PREMISES TO TMZ CONDITION SA10 PRERISCS WEBS IN Paten TO IMISTALLA- Ti {R3� (4.) THAT THE NOtSt FROM THE OPERATION OF THE "ACMIRES in- STALLCO SHALL HOT a %CEEB THE H913t NOW OCCASIONED BY TRt USE Or THE 122 VENTILATING FANS NOW INDTALLEOM AS DETERMINED BY A QUALIFIED SOUND ENGINEER USING PROPER BOUND MEASURING INSTRUWENTS. $. IT IS AGREED THAT ALL INSTALLATION$ SHALL Be FREE Or ANY LIEN WHAVUHIVER 0" THE ERIIPMENT OR ANY PART TNERCOF AND SHALL BE WITHOUT COST TO THE CITY, ExcrPT AS HEREINAFTER PROVIDED, AND TD INSURE THE FREEDOM OF SUCH PROPERTY FRO" ANY SUCH LIEN OR COST TO THE CITY SAID TRt1SYEE8 AGREE THAT THE SAID GROUP OF CITiZtHS "ALL DiVi DE SUCH RESPONSIBILITtCB FOR COSTS Of TNC MACHINES AMD INSTALLATIONS BETWEEN THEM AS THEY MAY ABREE, WITHOUT RESPONSI- BILITY ON THE PART Of THE CITY. 3. IN CONSIOCRATION Of THE iNSTAILATIOR OF SUCH MACHINES AND EWiP- "ENT, INCLUDING THE WARRANTICS AND INSURING OPERATION TWtREOF A4, NE RE IHASOTE PROVi DSD, THE CITY AGREES THAT IT WILL CORTIMLI E'%AATES AMD CHARGES HEREIN - ABOVE REFERRED TO AS NAYIMIG BEEN ESTAB'LISHEO BY ORDINANCE NO. 4303 FOR A N.dV"0 PERIOD K five (5) YEARS rRQIM THE DATE HEREOF, AND THAT BuCn^L£aaEESOF SAID PREMISES SMALL BE AFFORDED THE OPTION OF BEING FVMISHED AIR COWOUTI"$NO MRVICC BY THE OPERATIOW Or SAID MACHFURS UPGR A SCHEDULE OF CHANGE$ TO SE APPROVED DT THE TRUOTECS AND THE CITY AMD ESTAaLIUMD AND CHFDRC£O BY TNC CITY AS A PART OF THE OPERATION REQOLATIOHS Or BALD EIIFwIT1/R HALL. IT IO AGREED THAT ALL CHARGES MADE PRO COLLECTED FROM THE USE Or THE AIR COHOiTIGR- INS SERVICE SMALL RE PLACED tN A OEPARATE FUND BY THE OTT, TO BE KNOWN AS THE EaPOStTION HALL AIR COMDiTtONING ACCOUNT, AND A STATEMENT Or SUCH RECEIPTS - 3 - urE TOGETHER WITH THE ACCUMULATED FUWOS Ab ALL IMCIKASE IN REvEHUE eY REHT&LO FROM LEASES ARD CONCESSIONS OVER TNK AVERAGE MONTHLY REVENUE FOR THE CORPU''. rl , PBNDi NG MONTH IN THE CITY FISCAL YEAR 195&57 SMALL, AFTER OEBUCTION or POWER �p,v�� \ AND WATER UTILITY SERVICE CHARGES FOR UTi LIT YSEO IMl AMp S eva" or: wrT C RAi.r.�• .'14 FlSE SUCH MACMIHER AND EMU] PM"T'( AT THE EMO OF EACNCC ENBAN M"TH) AND ON OR BE- IAP � FDIK THE 10TH DAY OF THE NEXT 40"CIEOING NONYMA SE PAID TO TOE TRUSTEES FOR THE DISCHARGE OF THE CORTB AND DBLI6ATIONS INCURRED BY REASON OF THE INSTALLA- TION OF MAID MA //CHINES AND E@UIPHENT. BY THE TERM "AEVE vc- IS MEANT ACTUAL CASH REC €f PTB.J €µI NC REASY REVENUE OVEN THE REVENUE FOR THE CITY FISCAL YEAR v 1 1956 -_17 SMALL O* ADJUSTED ANNUALLY ON THE ANNIVERSARY DATC OF TNI$ AGREEMENT SO AS TO CORREf Jr T THE INCREASE IN REVENUE ON AN ANNUM BASIS RATHER THAN ON A MONTHLY, "41*,/ AT THE ETID OF MUCH TIME AS SUCH INSTALLATIONS HAVE SEEN FULLY OISC.�_H,yyARGEO HY SAID,PAYNEHT FROM SAID ACCOUNT AND/B01 PAYMENTS TO THE EXTENT OFhTm ATY -EiGNT THOUSAND ')CLEARS ($38. •00) (TOGETHER WITH^ NTEREST AT 54 PER ANNUM. ON 'TNC UNPAID MONTHLY BALANCE) HAVE BEEN PAID OUT OF SAID ACCOUNT TO SAID TRUSTEES, NO FURTHER PAYMENTS SHALL BE MADE FROM SAID ACCOUNT AND THIS RBNSTIENT SMALL IME FULLY CONSUMMATED AND OF NO FURTHER FORCE AND EFFECT, EXCEPT AS TO TOE WARRANTY ABOVE MENTIONED. IT it FURTHER AGREED AND PROVIDED THAT, IN THE EVENT INSUFFII;IENT FOMOS TO DISCHARGOOE SAID INOESTEDNEeR WP TO THE SAID AMOUNT OF THIRTY'-EiOHT TMOUSAHO DOLLARS (43U,OW-00) AND INTEREST ACCRUING THE PERIOD OF TIME 't><IETEMCE OF SUCH OSLtOATION OF THE TRUSTEES HAVE B££N RECEIVED INTO SAID ACCOUNT OR COLLECTED BY TOE CITY OF CORPUS CHRISTI FROM TUNNIBHINO SUCH AIR CONDITIONING SERVICE AS AM EXTRA CHARGE TO LESS €ES, AND INCREASE IN REVENUE FROM USE OF MAID EXPOSIyYION HALL IT IS AA&CED TRAY THIS AGREE - Py.O.e,I.� a� � WJ ltigltin�.. MENT SHALL TERMINATEIANO THERE SMALL BE MO'FURTHER OOLi%ATISN ON THE PART OF THE CITY TO CONTINUE SAID COLLECTION OF ADDITIONAL cHARSEB FOR AIR COHOITIOIIf NG SERVICE AS A PART Of THE USE CNAIbES FOR SAID EXPOSITION HALL AND THERE SMALL BE NO FUNTHER OBLIGATION ON THE PART OF EITHER PARTY IN REGAL TO SAID INSTALLA- TIONS AND THIS AGREEMENT SMALL BE TERMINATED ANO OF NO FURTHER FORCE AND EFFECT. 4. IT IS AGREED THAT ALL COSTS OF IlPERATi DN of MACHINES (OTHER THAN THOSE COSTS OF. REPLACEMENT, REPAIR AND ADJUSTMENT PROVIDED UNDER THE WAR- RANTIES HEREINABOVE SET FORTH) AND THE FURNISHING OF POWER AND WATER TO SAID MACHINES SMALL ME AT THE EXPENSE OF THE CITY AND BONNE AS A PART OF THE OPERA- TION COSTS OF THE SAiO EXPOSITION HALL BUT REIMBURSABLE. OUT OF SUCH REVENUE _4_ SEFRRE BE"SIT IN 5A10 TIRISY ActOWRY AS INRESMAGOVE SET FORTH TO THE EXTENT OF THE CHARM FOR OtIL M ES. IT I$ FURTHER ARREEO THAT IMSURAIICE AGAINST MAEAROS OF LOSS OF 0410 PROPERTY FOR YNE SMR[ RAEAMS AO THE EXPOSITtOR HALL BUILDING TO THE EXTENT OBTAINABLE SHALL RE CARRIED BY THE CITY OF CORPUS CAHIIGTIA #AD, IN THE EVENT Of THE DESTRUCTION Of SAID SU1f OINOA PROCEEDS OF SA16 tRSUAA tE SMALL OE INFO TO REPAIR "*/OR REPLACE SAID MACHINES ON, AT THE OPTLOk OF THE ClTYI PAID ON THE UNPAID PORTION OF THE SAID THIRTY.EIGHT THOUSAND !DOLLARS ($38IWO.00) IN THE EVENT SUCH LOSS OCCURS BUSING THE FIVE (y) YEAR LIFE OF THIS CONTRACT, ALL PROCEEDS FROM Addy INSURANCE AFTER SAID FIV€ (5) YEAR PERt OOt OR AFTER THE CRST OF THE HACRIMES HAS SEEN PA16, SMALL BE PAYABLE TO THE CITY AS SOLE OWNER TO THE SAME EXTENT AS THE tNSURA4CE OTHERWISE +ARRIEO ON THE BUILDING. WITNESS WA HANDS 10 TRIPLICATE, EACH OF WH10H SHALL BE CONSIDERED AN ORIUINAL, ON TH /B THE DAY OF AUGUST, A. B. 1957. THE CITY OF CORAZ CHRISTI ATTEST: STY SECRETARY APPROVED AS TO LEBAL POwt tTY AMMMEY _5_ BY CITY MANAGER 11RSTEES CQ us CHRISTI, TEXAS ,G 1937 TO THE MEMBERS'OF THE CITY COUNCIL CORPUS CHRISTI. TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE. A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE 56SPENSION OF THE CHARTER ROLE OR REQUIREMENT THAT NO ORDINANCE ,OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED. AND THAT SUCH ORDINANCE OR RESOL VT ION SHALL BE 'READ AT -TXR EE MEETINGS Oi 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 INTRO- DUCED, 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 VOTED: FARRELL D. SMITH W. J. ROBERTS = B. E. BIGLER MANUEL P. MAL DO NA DO, CHARLIE J. AILLS ' ARTHUR R. JAMES OD ELL IN6LE THE ABOVE ORDINANCE WAS PASSED BY THE fO LLOWiXO VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO / CHARLIE J. AILLS ARTHUR R. JAMES rye ODELL INGLE i�� qbn