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HomeMy WebLinkAbout04866 ORD - 09/11/1957IMS;MEM;9/11/w AN ORDINANCE RECEIVING AND ACCEPTING THE OFFER OF THE CORPUS C�t15T1 CHAFER OF COMMERCE i0 INSTALL AIR CON- DITIONING EQUIPMENT IN THE EXPOSITION HALL AS A GIFT TO THE CITY AND WITHOUT ANY RESPONSIBILITY ON THE PART OF THE CITY FOR MAINTENANCE AND UPKEEP FOR A PERIOD OF EIVE WM FROM THE DATE OF INSTALLA- TION EXCEPT THE PAYMENT OF THE SEATS AND REVENUES FROM THE USE OF SAID BUILDING OVER AND ABOVE ANNUAL REVENUE OF ;12,000.00, ALL AS SET FORTH IN THE OFFER OF GIFT AND CONTRACT FOR INSTALLATION; A COPY OF WHICH AGREEMENTS ARE 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. THE OFFER OF THE CORPUS CHRISTI CHAMBER OF COMMERCE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, IS HEREBY ACCEPT- ED ACCORDING TO ITS TERMS AND CONDITIONS, AND THE CITY MANAGER IS HEREBY AUTHORIZED TO ACCEPT THE SAME FOR THE CITY AND TO EXECUTE THE AGREEMENT FOR PAYMENT OF REVENUES IN EXCESS OF $12,000.00 PER YEAR FOR THE FIVE (5) YEAR PERIOD COMMENCING WITH THE DATE OF INSTALLATION BUT NOT TO EXCEED $37,900.00 PLUS INTEREST AT FIVE (5$) PERCENT OR AS PROVIDED IN THE AGREE- MENTS ATTACHED HERETO, MARKED EXHIBITS •A' AND •B• AND MADE A PART HEREOF. SECTION IL THE NECESSITY FOR INSTALLATION AS SOON AS POSSIBLE OF THE AIR CONDITIONING EQUIPMEMT- PROPOSED TO BE FURNISHED BY THE CORPUS CHRISTI CHAMBER OF COMMERCE 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 EMERGENCY AND NECESSITY EXIST, A:ID HAVING REQUESTED THAT SUCH CHARTER RULE BE 5U5l ENDED, AND THAT THIS CRDI;IAUCE 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^CCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS THE DAY OF SEPTEMBER, 1957. MAYOR y ATTE THE CITY OF CORPUS CHRISTI, TEXAS 1(< __ 5 CITY SECR )q-ARY APPROVED TO LEGAL FORM _ N THIS "IFFPI EMBE R, 1967: ITY T R THE STATE OF TEXAS } CDUNTY OF NUECES j AGREDUT BETWEEN CITY OF CORPUS CHRISTI AND RICHARDS AND ROTH FaR AND IN CONSIDERATIDN Of THE A4REEMEN7 of RICHARDS AND RorNI A PARTNERSHIP CONSISTING OF HORACE RICHARDS AND FENNER ROTNI TO INSTALLI MAINTAIN, SERVICE AND REPAIR CERTAIN AIR- CONDITf ONING EQUIPMENT IN THE EX- POSITION HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORDANCE WITH ORDINANCE NO. ENACTED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, PURSUANT TO THAT CERTAIN CONTRACT BETWEEN THE CORPUS CHRISTI CHOSEN Of CdOIKRCE, A CORPORATION, AND RICHARD$ AND RoTW; NDY THERw0K, THE CITY OF CORPUS CHRISTI ACTING BY AND T14ROUGN ITS DULY AUTHORIZED CITY HAHADES, WCRfOV CONTRACTS AND AORERS THAT IT WILL PAY TO THE ORDER Or RICHARD! AND ROTH, OUT OF REVENUES, THE SUN EQUIVALENT TO ALL REVENUES DERIVED FROM EXPOSITION HALL FROM THE DATE OF INSTALLATION "'Or SAID AID - CONDITIONING UNITS UNTIL OCTOBER 1, 1962, OR UNTIL THE TOTµ AMOUNT Of SUCH PAYMENTS SHALL BE EQUIVALENT TO THE SUN OP THIRTY -SEVEN THOUSAND NINE HUNDRED DOLLARS ($37J(3040) PLUS INTEREST AS PROVIDED BE- LOW, WHICHEVER SHALL FIRST OCCUR; AFTER THERE HAS BEEN SUBTRACTED rAGm SUCH REVENUES THE TOTAL Or THE FOLLOWING{ (A) THE SUM OF TWELVE TWOWDAND DOLLASS ($12,ODO.00) PER YEAR; AND (S) THE COST Or ELECTRICITY AND ANY OTHER UTILITIES USED IN THE OPERATION OF SUCH AIR- CONOITIONINO MACHINERY/ $WJECT TO THE LIMITATIONS PROVIDED IN SECTION (D) $FLOW. FOR THE rOREGOin PURPOSES THE rOLLOWING SMALL APPLYi (A) REVENUES FROM EXPOSITION HALL SHALL COMB)$? OP ALL REYENGEE ARISING IN ANY WAY OUT Or ERPORITION HALL INCLUDING, ROT NOT LIMITED YO, AAL sumo PAID YO THE CITY Or CORPUS CHRISTI FOR THE USE OR RENTAL Or ANY PORTION Or THE BUILDING OR DERIVED BY THE CITY FROM ANY CONCESSIONAIRE OR RECEIVE* AS ITS SHARE Or THE RECEIPTS OR PROFITS Of ANY PARTY USING EXPOSITION HALL ON ANY ACTIVITY CONDUCTED THEREIN. IT SMALL ALSO INCLUDE ALL SUNS RECEIVED AS REIMBURSEMENTS FOR UTILITY COSTS ON OTHER CHARGES AND EXPENSES EXCEP7 AS RTATED IN (0) BELOW. (B) INTEREST ON SAID DUN OF THINTY-SEVCN TUOWSAWO NINE HUNDRED DOLLARS (437,9W.00) £HALL BE COMPUTED ON TUC UN►AIO OALANCE TWEREGF AT THE TINC OF CACH PAYMENT AT TNC RATE OF FIVE PER CENT 0 %) PCM ANMINM FROM THE DATE OF INSTALLATION UMTtL PAYMENT IN FULL. tC� IT IS MMED THAT THE RATES FINED BY THE CITY FOR TN£ USE OF EXPOSITION HALL, EXCLUSIVE OF ANY SCPARATE At R- CONDITIONING UTILITY CHARGE WHICH THE CITY NAY SEE FIT TO MAKE HERCAFTER, $HALL NOT BE DECREASED BELOW THERE SET IN 9RDINANcE ND. 4303 WITHOUT THE CONSENT OF THE CORPUS CNR14TI CHAMBER OF COMMERCC• (D) TIE CITY SHALL BE ENTITLED TO SUBTRACT FNDN REVCNUCS FOR TNC FOREGOINS PURPOSES THE COST OF ELECTRICITY AND ANY OTHER UTILITIES USED IN TUC OPERATION OF SUCH AIR- CONDITIONING MACHINERY ONLY IF It MAKES A SEPARATE CHARGE FOR SUCH UTILITIES, IN WHICH EVENT IT SHALL BE ENTITLED TO SUBTRACT THE ACTUAL COST TO THE CITY OF UTILITIES CONSUMED IN TUC OP- ERATION OF AIR- CONDITIONI104 FOR CACH INDIVIDUAL USER OR RENTER OF EKPOOR- TION HALL NOT TO EXCEED FIFTY PCR CENT (567) of THE AMOUNT OF THE SEPARATE AIR - CONDITIONING UTILITY CHARGE COLLECTED FROM THAT USER OR RENTER. NOTWITHSTANDING ITS OTHER PROVISIONS, THIS AGREEMENT SHALL OE RESCINDED AND K NO FURTHER FORCE ON EFFECT IF TUC CORPUS CHRISTI CHAMBER OF COIONCRCE SHOULD NOTIFY THE CITY Of CORPUS CHRISTI WITHIN TNI'MTY (30) DAYS FROM THIS DATE THAT IT IS UNASL£ TO OBTAIN SUFFICIENT FINANCIAL SUP - POKY FROM ITS MCMOERS, IN ITS OPINION, TO ENABLE IT TO MEET ITS OBLIGATIONS RINGER ITS AGREEMENT WITH RICNARIIS AND ROTH OF EVEN DATE HEREWITH; OR IF THE BOARD OF Dt SECTORS DF THE CHAMBER Or CIMREDCC SMWAD FAIL WITHIN ONC (1) WEEK FROM THIS DATES TO RATIFY ITS OFFER OF THIS DATE TO TMC CITY. ' THE CITY ASNECS THAT IT WILL INSURE ALL AIR - CONDITIONING MACHIN- ERY AND COUIPMENT INSTALLED BY RICRAROS AND ROTH IN EXPOSITION HALL AGAINST FIRE AND OTHER NAXAMDS UNDER A POLICY OF FIRC AND EXTENDED COVT.NAGE INSUR- ANCE, TO THE EXTENT OF ITS FULL 140URASLE VALUES AND IN THE EVENT OF LOSS OR DAMAGE DUE TO FINE OR OTHER CASUALTY THAT IT WILL REPLACE, RESTORES AND RCPAIN THE SAME. THIS AGREEMENY SMALL NOT IMPOSE ANY OBLIGATION SO THE CITY EXCEPT TO REMIT TO RICKAIIDs AND ROTH TUC DUMB HEREINABOVE OCT FORTH, SUCK SUMS TO BE cOMSmub AS IN CFFCCT COUIVALCHT TO THE INCREASE IN MEVEWUES OF EXPO- SITION HALL MCGULTINO FROM VNC INSTALLATION OF AIR- CONWIT10NIMS THEREIN, Ana TO MAINTAIN INSURANCE AMD APlLT TUC PROCCEDS TH£R£M AS HEREIN STATCO. DATED SCIPT£MO£R 11, 1957. ATT£8T9 CITY 9CCUTARY APPROVED As TO LEGAL FORMS ITV AVTOMEY CITY OF CORPUS CHRISTI BY RICHARDS AND RDTH 8Y ARTMCR COBCLPACT REit= CMFUS CHRISTI cRAKNM OF CC45eWCE AMA RICHARDS 1 R®rR ike Corpus Christi Cbasber of COmerce, a corporation, and Rich_ ands and Roth, a partnership coneisting of Horace Richards said Fenner Roth, hereby agree as follows: 1. Richards and Roth assree to proceed with reaaaoaable diligence with the installation of f,- (4) thirty (30) ton Chrysler Aix Temp air - conditioning units in Exposition }gall, Corpus Christi, Texas, together with duets, utility connections and other s chinery and equipment appropriate for the proper cpsration of such units. Tne installation will be made in a man- ner reeeting the approval of the City Inspection Section of the Carpus Christi Repartasent of Public Works and all an_licable laws and City ordinaness. 2. It is the opinion of Richards an& Path that such m,chise. wben so installed vial Met the Yolloving minimum atmatdsrde of performance: The Maintenance within the structure of a tewg)sraturs at least 17 degrees T. lower than the existing outside temp- erature when outside conditions are 95 degrees P. dry bulb and 80 degrees F. wet bulb; aced the eai.utes"ce at the some time Of humidity no greater than 60¢; all -bile Ex- position Hall is occupied by 2,000 parsons and used for business expoettioas, social affairs or my of the other -p axpoeee for which it has been commonly aeed heretofore. [rhea so used such equiye nt, shall, by ventilatim, fil- tcring, or otber means, resmove smoke arA other air cont€ss. ina.,4e, and cle" @zd Purify the air sul''ficieat4 so that such air will act be due to the preaencc of twPoke or other air contamde te, Riehards and Roth Wm that if such mmchirxs should be or becosm in",,to to maintain such staadar•d of performance at as5r tAms within tlaa flew (5) Fmz term ending October 1, 1962, Richards and Roth shall sy"ke such chIAFM or mgr terations in the original installation, or install such &dditioas�l air =can - ditioaing msachinery, ducts or other equipnnt as may be seceaser 1a ceder that the above desoribed sinimus, stud of perform %,m map be m-inteinmd. 3• All machinery and equip mat shall beco the Wogarty of the City of Corpus Christi when installed. All mschimeFy sod e%ui "eat mhagl be rquipgmd with metering devices to ereble tlr, deteramisraticm of the meet 07 misctricity or otkmr utilities ceneusmi, All Lastasdlations eheul.l be 6"ig md. with eda1juate accouatical treatsuat to minimise tbd 3saeg of noise M.vd.Cx'1 Pr­' tt"Pir ratim� The noise lase_ OT soy eMit5x01 e= iaatRAlOd After the initial ImtelLlmtinm atoll. act be say M�ater IP P ro- genie than thmt of the unit@ initially installed. 4 Ric4arda and Roth. agrees to service, +M1nta3 -c sZd MYZ,F a?1 am- chiaaery, equigrwht, ducts and other facilities lastelltd by It tX11m, tk�e tiara of installation aaatil october 1, 1962, so ae to maintain the sew In good repair sad condition and in prvptr operating order, lNe foregoing sbmll incluly all lsbor And aarrS oes and all filter's, fan belts, !�kxi'ck- tion, freco and other materials, parts and suppil.es reed to Ma1utsin..sueb, aschiaorp and equipment in goad repair tad condition seed in proper operatio4 order at all much taws. ®'ach repair cod maintenance service wall tee pro - ridad It tly when needed. 9. In consideratica of the undertakings of Richasda seed Path in this Wommosnt, the Chamber of Coagspree Wees to paq to tw order of Rich - arch and Roth on or before Qetobsr 1, 1962, the am of Thirty -craven Ttouseod Vim RLadred Dollars (837,9D0,00), to4Ptbw with iateseat at tae rate of thereof at sash tim of pa,, —or a "utsd fivo VW cent (50) par &=V a cMuted as the unpaid balmm/fsaa 00 date of dnrtsllatiaa aatil gayWmt i.h full. All- 61M which Blebar'ds and RnRb sae eatitlad to receive frag tbw City of C un Christi AnWau2.at to the COVU9act bot,,meea such pestles dstmd Saytamber ll, 1957, 0m,11 be applied Asaloot each. sum of Thirty -Sawn `%wwand JKra 1$umAred Do1'lare %Y7,900.M) ZMA lhtaraat',, - and shsll reduce the indabtedaaeaa of the Chu"r of OM@Mrcs eitb r"PVCt thereto accordingly. b. See attached page. 3AAT9 September 11, 1957. V Cw'w CMIRr1 CwMV cr =MAO, A Corporation BY a -- BY nor r .r c. s z THE FOLLOWING PROVISION IS A YORTION OF THE ATTACHED C.ONTRAC7e S. NOTWiTNSTAH0IHG ITS OTHER PROVISION3p TH13 AGREEREnT SHALL OE RESCINDED APD OF MD FURTHER FORCE OR EFFECT IF THE CORPUS CHRIST! CHAMER OF COMMERCE SHOULD NOTl FY THE CITY OF CORPUS CHRISTI WITHIN THIRTY (?A) DATA FRAM THIS DATE THAT IT IS UNABLE TO OBTAIHSUFFICIEkT FINANCIAL SUPFORT FROM ITS MEMSERSr IM ITS OPIWION, TO ENABLE IT TO MEET ITS OBLIGATIONS 0110CM THIS AGREEMENT; 09 IF TH£ BOARD OF DIRECTORS OF THE CHAMBER OF COAREPCE 3HOOLO FAIL WITKIH ONE WEER PROM THIS DATE, 10 RATIFY I75 OFFER OF THIS DATE TO THE CITY, CO,RKUS CHRISTI, TEXAS 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 Imp ERATIVE 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 RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL'. 1.- 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, MA YOR�.,� Gam'"" THE C 1Y F CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH�w W. J. ROBERTS B. E. BIGLER ! MANUEL P. MALDONADO, -- /✓ ,,.e ,_ CHARLIE J. RILLS U ARTHUR R. JAMES ODELL INGLEg ` THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE �A.