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HomeMy WebLinkAbout05068 ORD - 07/18/1958v , EB :6/18/58 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND LOUIS SHEINESS, D/B A HOUSE OF BARGAINS, AT 24150 BELTON STREET, CORPUS CHRISTI, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF AC- CEPTING PAYMENT OF BILLS OdED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DE- PARTMENT OF PUBLIC UTILITIES, BEGINNING JULY 1, 1958, 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A MEMORANDUM OF AGREE- MENT BETWEEN THE CITY AND LOUIS SHEINESS, D /B /A HOUSE OF BARGAINS, LOCATED AT 2460 BELTON STREET, 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 FOR WATER, GAS, GARBAGE, AND S£WER SERVICE, PAYABLE TO ITS DEPART- r MENT OF PUBLIC UTILITIES, BEGINNING JULY 11 1958, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM THE PREMISES BY THE APPOINTEES HEREIN AS HEREIN PRO- VIDED, 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. 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 EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS r , PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE ff DAY OF JUNE, 1958. MAYOff THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: I /?\/a - Z—' —, - CITY SECRET V APPR D AS TO LEGAL FORM THIS THE DAY OF JUNE, 1958: CITY ATTORNEY M MORARD N OF AGRB WXT B)SAIM THE CITY OF' CORPUS CERISTI, TVAS, s Municipal Corporation; Hereinafter Referred to` as "CITY" r' ''Atlas ` - • LOUIS .]1EMSESS). D8A HOUSE OF BA MN IN • '[ „ s " Hereinafter referred to as "A4ffiTt" ` ',MITHXSB$THs 1. -City hereby appoints Agent as its limited-Agent for the sole pur- pose of accepting, at -the sir® of Agent, located at 2460'Helton-Street, , Coipui Christi, Texas; and doing business under.the name of Bouse -of Bargains,• payment of bins`oved to City for'vatei; gas, saver and garbage service', ' - ♦ {, ° n appointment to become effective the 1st day of July' 1958, and to continue until tendneW as herein provided.' - Agent ,hereby, accepts said "appointment, and in consideration thereof end of the compensation to be paid; as herein- r,set-out, agrees to faithfully* peiform his afte duties, u such limited Agent,'. In accordance with the rules and instiuctions'Issued by City for the`aimm.; tion of 'such limited agencies, known as : PAY STATIONS ".' Contsmporansously with the executing of'this agreement Agent has received " a. co, --of -such rules.• and lnitiuctions, and he agree' to femilaariae himself and, comply fully and ,•. exactly with the iame.` -Such rules and instructions may be changed at any .time by the City, and Agent agrees that upon being furnished with, a copy'" showing such changes, he will immediately familiarize himself and thdreafter ' comply fully and exactly therewith: 4 , 2. = As compensation for the faithful performance of his duties as 'such ` Agent; City.'hereby agrees to poly Agent on the following basis; ,® 7JO per b131 for -the first 400 bills - collected. - ' , 54 per bill for. 'the next 200 bills -collected. _ r 30 per bill'for.the next 200 bills collected. �- 20 per bill for the next 200 bills.colle�ted. v 10 per bill for the next and all`rsmsining bills collected,., -.. Payment of this fee will be 'made by City on or about the tenth of' each month following that month in vbich collections were made..} ' 3. The equipment' necessary, for the psrformence.by Agent,.of his duties hereunder, as set out in the rules and regulations mentioned above, will be'- furnished by.City and -the same will at all -times remain the property of City,'`- All 3" +Agent, to be returned to it by upon the - termination of this agreement pw in ! ' good condition ds vhfw receivod; ordinary. vicar • and tear excepted." -,• - City agrees to, provide any,in "surance coverage made'neceesary, by this agreement and- operations bereunder aad to -pay all premiums incident,` -<. "` - • -;, 5• ` Agent agrees _to furnish to City;'uponYexecution of this agreement, t.• ; a surety bond in'the amount of One Thousand Dollars `0];000), to --,guarantee ° the proper handling of funds collected for City by said'A�eent,•said bond to be approved by the City Attorney: . . 6. ',This,agreesent may be terminated immediately by City upon,a`breach, by Agent of any of the, term and conditions' hereof, or failure of Agent to K' comply !'ally with the rules and instructions hereinabove, referred to.'- Said agreement may-further be terminated by lithe "r' party Without cause by ,giving - 'thirty the. other (30)Idaye vr1tten notieol-of such termination. It In fur ther agreed that should the Agent, named herein move -from the address and location hereinbefore set out that such-removal shall automatically terms -. - nate this agreement. `.In the event of any termination of this ngresment,, a ', Agent agrees that• he -ill notify all persons offering'to+make paymsnt,of, ` his lack -of authority to receive such payments and.will refrain from accept- ' - 14 any payment as Agent of the City. F" . , f - .. _ . ` = (IM PT COMB CHRISTI,' T�CAS' ,r 1 ' • .BY, r. City, YAM ' _ - _ :. "CITY" • ATUSTt 7. • ,. City Secretary F P APPROVED A8 TO LEDAL FORMt . City, 4LttorneY }' " ` _ ' • - Y . HOUM CW BAROAUS BY � y'� � Ar, ' • . ., _ _ - {'•t, i` F +, _ fir_• <v:. .';y.: _ 't+ _ .r . '+,�, '•" " •y ii . ,� . , . d,^,. >±°• y..5si ° �' r;'.Rta ' . ' - - g -' � - 9 {(_ • 4 • +- f r C PUS CHRISTI, TEXAS 1958 TO THE MEMBERS -OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE GOING. ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR'THE SU8PENSION OF THE CHARTER'RULE'OR'RECUIREMENT 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 MEETIN63'OF THE CITY COUNCIL) I, THEREFOREi- HiRi BY REQUEST THAT YOU SIISPEND'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, %y,f�� I MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THF- CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH ` W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE