HomeMy WebLinkAbout05401 ORD - 06/24/1959r-!%
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TEXAS, A USE PRIVILEGE CONTRACT WITH TOM
LAWRENCE; LEASING TO HIM THE GOLF SHOP AND CAFE
LOCATED IN SAID MUNICIPAL GOLF COURSE FOR A
PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF
THE COMPENSATION TO THE CITY OF FIVE PERCENT (5 %)
OF ALL GROSS RECEIPTS DERIVED THEREFROM AND UNDER
THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF
WHICH LEASE IS ATTACHED HERETO AND MADE A PART
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS
CHRISTI, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A
USE PRIVILEGE CONTRACT WITH Tom LAWRENCE, LEASING TO HIM THE GOLF
SHOP AND CAFE LOCATED IN SAID MUNICIPAL GOLF COURSE FOR A PERIOD OF
THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY
OF FIVE PERCENT (5 %) OF ALL GROSS RECEIPTS DERIVED THEREFROM AND
UNDER THE TERMS AND CONDITIONS OF SAID LEASES A COPY OF WHICH USE
PRIVILEGE CONTRACT AND LEASE IS ATTACHED HERETO AND MADE A PART
HEREOF READING AS FOLLOWS:
5401
m
l 1 /
COIA it ACT
THE STATE OF TEXAS
COUNTY CIF NUECES
THIS AGREEWNT AND CONTRACT NADE AND ENTERED INTO THIS THE
DAY OF MAY, 1959, BY AND BErdEEN THE CITY OF CGGRPU3 C(JRISTI,
TEXAS, A MUNICIPAL CORPORATION, ACTING. BY AND THROUGH ITS CITY MANAGER,
HERBERT W. WHITNEY, AND TOM LAWRE(JCC OF NUECES COUNTY, TCXA3, HEREINAFTER
CALLED "SECOND PARTY ".
W I TNjkSE1tt s
THAT IN CON@IOCRATION OF THE COVCNANT9, AGREEMENTS AND CONDITIONS
HEREIN CONTAINED ON THE PART OF SECOND PARTY 10 BE KEPT AND PERFORMED, THE
CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY CONTRACT WITH SECOND PARTY TO ACT
AS THE GOLF PROFESSIONAL AT THE 030 MUNICIPAL GOLF COURSE FOR A PERIOD
HEG)NNINO ON MAY 1959, AND ENDING AT MIDNIGHT MAY M62,, SUBJECT
TO ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, AND DOGS LEASE TO SCCOND
PARTY THE GOLF SHOP AND THE CAFE LOCATED AT THE 10SO MUNICIPAL GOLC COURSE
FOR THE SAID PF.RfOO AS HEREIN PROVIDED AND SPECIFIED.
SECOND PARTY SHALL ACT AS GOLF PROFESSIONAL AT THE CONTRACT PRICE
OF THREE HUNDRED FIFTY -FIVE AND N0 /140 0355 -00) DOLLARS PER MONTH, WHICH
SHALL DE PAID IN SEMIMONTHLY INSTALLMENTS IN THE SAME MANNER AS CITY
EMPLOYEES ARE PAID. SECOND PARTY SHALL BE ENTITLED TO VACATION LEAVE BENEFITS
WITHOUT DEDUCTION FROM HIS CONTRACT PAYMENTS, AND TO SICK LEAVE BENEFITS
IDENTICAL WITH THAT OK REGULAR CITY EMPLOYEES. PROVIDED, HOWEVER, IT 1$
EXPRESSLY UNDERSTOOD THAT SECOND PARTY 19 AN INDEPENDENT CONTRACTOR AND NOT
A CITY EMPLOYEE..
(A' SECOND PARTY SHALL BE IN CHARGE OF AND SHALL HAVE THE
RESPONSIBILITY FOR SUPERVISION OF THE 090 MUNICIPAL GOLF COURSE AND AS SUCH
SHALL PERFOR14 ALL DUTIES AND RESPONSIBILITIES AS ARE REQUIRED OF HIM BY THE
LAWS OF THE STATE OF TEXAS AND THE ORDINANCES OF THE CITY DF CORPUS CHRISTI,
TEXAS, AND SUCH OTHCR FUNCTIONS, DUTIES, IN C014NECTION WITH THE OPERATION
AND MAINTENANCE OF THE GOLF COURSE AS DIRECTED by THE CITY MANAGER. H$ !SHALL
l
1
SUPERVISE AND OPERATE THE SAID DSO MUNICIPAL GOLF COURSE IN STRICT ACCORD-
ANCE WITH ANY AND ALL RULES AND REGULATIONS NOW IN FORCE IN REGARD TO SAID
COURSE AND THAT MAY HEREAFTER BE PROMULGATED BY THE CITY MANAGER OF THE
DIRECTOR OF PARKS AND RECREATION AND THE PARK AND RECREATION BOARD OF THE
CITY OF CORPUS CHRISTI, TEXAS, UNDER TIIE $UPERvISIoN OF THE CITY MANAGER.
(B) SECOND PARTY SHALL DE A PERSON QUALIFIED IN THE SUPERIN-
TENOENCE AND MANAGEMENT ov A GOLF COURSE, WHOSE DUTY SHALL BE TO MANAGE
AND CONTROL THE ADMINISTRATION AND OPERATION OF THE MUNICIPAL GULF COURSE,
SUBJECT TO THE SUPERVISION OF THE PARK BOARD, DIRECTOR OF THE PARK AND
RECRCATION DEPARTMENTS AND THE CITY MANAGER.
(C) SECOND PARTY SHALL HAVE RESPONSIBILITY FOR THE OPERATION
OF SAID GOLF COURSE AND SHALL DC CHARGED WITH THE DUTY OF KEEPING THE
GROUNDS, FAIRWAYS,, GREENS, TEES AND ANY AND ALL PROPERTY OF SAID 050 MUNICIPAL
GOLF COURSE IN GOOD REPAIR AND SHALL SUPERVISE ANY AND ALL WORK DONE ON
SAID GOLF COURSE.
(D) SECOND PARTY SHALL ENFORCC OR CAUSE TO BE ENFORCED ALL
RULES AND REGULATIONS GOVERNING THE PLAYING OF GOLF ON SAID GOLF COURSE
THAT MAY NOW BE IN FORCE OR MAY HEREAFTER BE PROMULGATED BY THE CITY MANAGER
OF THE CITY OF CORPUS CHRISTI, TEXA3.
(E) SECOND PARTY SHALL COLLECT ALL GREEN FEE$, MONTHLY RATES,
AND UTNER CHARGES NOW 10 FORCE IN REGARD TO SAID 080 MUNICIPAL GOLF COURSE
OR AS MAY HEREAFTER BC ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS. it SHALL PRESENT EACH AND EVERY PLAYER WITH A TICKET
SHOWING DATE AND SERIAL NUMBER THAT CORRESPONDS TO TOE RECEIPT TAPE ON THE
CASH REGISTER AT SUCH GOLF COURSE AND SHALL PERRiT NO PERSON TO PLAY ON SAID
COURSE WITHOUT HAVING IN HIS POSSESSION SUCH TICKET, UNLESS $PECIFICALLY
AUTHORIZED BY THE CITY WANAGER. ME SHALL KEEP STRICT AND ACCURATE BOOKS-
OF ACCOUNT OF ALL GREEN GEES, MONTHLY RATES AND OTHER CHARGES COLLECTED
BY HIM AND SHALL DEPOSIT ALL SUCH FCC$# RATC$, CHARGES, AND THE CASH REGISTER
RECEIPT TAPE, WITH THE DIRECTOR OF FINANCE AT SUCH INTERVALS, AND ACCOMPANIED
BY A REPORT IN OUCH FORM, AS REQUIRED BY THE DIRECTOR OF FINANCE. THE $AID
BOOKS OF ACCOUNT HEREUNDER SHALL OE OPEN FOR INSPECTION AT ALL TIMES. HE
SHALL LIKEWISE MAKE A MONTHLY ITEMIZED REPORT TO THE CITY :"MANAGER ANVOR
-2-
DIRECTOR OF PARK AND RECREATION DCPARTMENT OF SUCH COLLECTIONS*
(F) SECOND PARTY SHALL FURNISH A GOOD AND SUFFICIENT
BOND IN THE 'SUM OF NOT LESS THAN ONE THOUSAND ACID NO /100 (41,OW.00)
DOLLARS, WITH THE SURETY THEREON A CORPORATE SURETY DULY LICENSED UNDER
THE LAWS OF THE STATE OF TEXAS TO WRITE FIOELITY BONDS, CONDITIONED THAT
SECOND WARTY SHALL PAY OVER 10 THE CITY OF CORPUS CHRISTI ALL GREEN FCEB,
MONTHLY RATES AND OTHER CHARGES COLLECTED BY HIM#
(G) SECOND PARTY SHALL HAVE THE RIGHT TO GIVE, OR CAUSE
TO BE GIVEN, GOLF LESSONS AT HIS OWN EXPENSE AND ALL REVENUE THEREFROM
SHALL BE THE PROPERTY OF SECOND PARTY.
II _
THE C1TY OF CORPUS CHRISTI, TEXAS, HEREBY LEASES TO 'SECOND
PARTY, FOR THE PERIOD (iEREINSEFORE STATED SUB,i£CT WALL 70£ TERNS AND
CONDITIONS OF THIS CONTRACT AS FOLLOWS:
(A) THE GOLF SHOP AND ALL OF ITS EQUIPMENT LOCATED AT THE
QSO Nuut CI PAL GOLF COURSE:; • ANO
(Q) THE CAFE AND ITS CQUIPMENT NOW LOCATED AT THC ftNICIPAL
GOLF COURSE AND LOCXER ROOM AND 1,78 EQUIPMENT#
IT IS UNDERSTOOD AND AGREED THAT SECOND PARTY SHALL OPERATE SAID
BUSINESSES AS HIS OWN BUSINESS AND SHALL Be ENTITLED TO ALL OF,TH£ PROFITS
FROM THE OPERATION OF SAID BUSINESSES, EXCEPT THAT HE SHALL PAY TO THE CITY
XA
OF CORPUS CHRISTI, TEe, FIVE PER CENT (5%) OF THE GROSS RECEIPTS Of SUCH
BUSINESSES, W14ICH SAID SUM SHALL Be DUE AND PAYABLE MONTHLY, THE FIRST PAY-
MENT BEING CUE OH OR BEFORE THE TENTH DAY -OF THE MONTH NEXT FOLLOWING THE
EFFECTIVE DATE HEREOF AND ON OR BEFORE THE TENTH RAY OF EACH SUCCESSIVE
CALENDAR MONTH THEREAFTER ACCOMPANIED BY AN ITEMIZED STATEMENT IN SUCH FORM
AS REOOtRED BY THE DIRECTOR OF FINANCE. SECOND PARTY AGREES TO BEEP STRICT,
ACCURATE AND CORRECT BOOKS ON THE OPERATIONS OF SUCH BUSINESSES AND TO EMPLOY
A REGISTERED PUBLIC ACCOUNTANT OR CERTIFIED PUBLIC ACCOUNTANT TD KEEP SAID
BOOKS AHD SAtO BOOKS SMALL BE OPEN FOR INbPCCTION BY THE CITY MANAGER OF
THE CITY OF CORPUS CHRt$T4, TEus, OR ANY PERSON DESIGNATED BY film, AT ANY
AND ALL TIMES.
\1�
I11
IT IS UNDERSTOOD AND AGREED THAT SECOND PARTY WILL TAKE GOOD
CARE OF THE PERSONAL PROPERTY AND REAL PROPERTY HEREBY LEASED AND DEMISED
TO HIM AND $UFFER NO WASTE AND WILL DELIVER THE SAID PROPERTY BACK TO THE
CITY OF CORPUS CHRISTI. TEXAS, AT THE EXPIRATION OR OTHER TERMINATION OF
THIS LEASE IN THE SAME CONDITION AS THE SANE WAS RECEIVED, NATURAL WEAR AND
TEAR ALONE EXCEPTED.
IV
IT IS UNDERSTOOD AND AGREED THAT MINOR REPAIRS TO THE BUILDINGS
OCCUPIED BY THE GOLF SHOP AND CAFE WILL BE MADE BY SECOND PARTY AT HIS OWN
COST AND EXPENSE, AND THAT THE MAJOR REPAIRS TO THE SAME WILL BE MADE BY
THE CITY OF CORPUS CHRISTI, AFTER THE NEED THEREFOR HAS BEEN DETERMINED BY
THE CITY MANAGER, WHOSE DECISION ON THE SAME SHALL BE FINAL. IT 1$ FURTHER
UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SECOND PARTY EVER HAVE OR CLAIM
ANY 'DAMAGES FOR FAILURE OF THE CITY TO MAKE ANY MAJOR REPAIRS UNLESS THE
SAID CITY SHALL HAVE HAD WRITTEN NOTICE OF THE NEED OF SUCH REPAIRS AT LEAST
TEN OD) DAYS PRIOR TO TIME OF THE DAMAGE, AND IT HAS FAILED AND REFUSED TO
MAKE SUCH REPAIRS. SECOND PARTY 18 TO KEEP THE PLUMBING FREE FROM ALL
OBSTRUCTIONS AND KEEP THE PREMISES AROUND THE BUILDINGS, AND THE BUILDINGS,
CLCAN AND FREE FROM AMISH# TRASH# ETC*# AT TIMES.
V
IT 18 FURTHER UNDERSTOOD AND AGREED THAT SECOND PARTY MAY SUBLET
THE CAFE AND LOCKER ROOM HEREIN LEASED WITH THE CONSENT AND APPROVAL OF THE
CITY MANAGER FIRST HAD AND OBTAINED IN WRITING. BUT IT IS FURTHER UNDERSTOOD
AND AGREED THAT SECOND PARTY SHALL REMAIN RESPONSIBLE FOR THE FAITHFUL PER-
FORMANCE OF ALL THE PROVISIONS TO THIS CONTRACT BY ANY SUCH BUS - LESSEE•
VI
IT IS UNDERSTOOD AND AGREED THAT SECOND PARTY. IN THE OPERATION OF
SAID CAFE. FOR ALL OF THE ITEMS SOLD THEREIN. SHALL MAKE THE USUAL AND NORMAL
PRICES CHARGED IN THE PARK AREAS IN THE CITY OF CORPUS CHRISTI, TEXAS.
VII
CITY OF CORPUS CHRISTI, TEAS, AGREES THAT IT WILL NOT WHILE THIS
AGREEMENT IS IN FORCE AND EFFECT GRANT TO ANY OTHER PERSON OR ORGANIZATION
.I1.
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- FOR UARAC. s -8Y HU30N of SUCH CANCCLLA'P,IOR AHD RE9UNPTIOM or SiE'sltjHr;
IT as FURtHER AGRECD THAT IH'irREHT t"Z SANE AHAiL 8ffi CARCELLIM
As AF1iRe9A!$ 8Y THE CITY MAttAOCR 109 CITY OF COROU81 CHtIISTI SHAt.L PUR-
CNABE' FROM SeCOND'PARTY ANY 04ARLE 84t1YPe1ENT AND NERCHAND139 THAT -HC
NIGHT RAMC IN Sato GOLF SHOP It111CH HE SHOWS As 861140 FUUY' PAID FOR - AT
T1IE COST PRICE OF Tile 8AMSa `
$6CONp PARTY AGREES TO PROYIVt'SUtTARLB s10Ns AT THE GOLF SHOP „
AMID CAFE AOV1i6/N0 THE PUBLIC THAT 9UQ'H� RilI6lDF f 9 Aft OPRRA7CD OY SItCA"
PARTY At AN IMP- PCROUT CONTRACTOR AND ARC tt*T OPERATED 8Y THE CITY OF
CORPUS tiM1SiTJy TEXAS,
IT, II #'tJI[DEi18T00D,AHD' At,UItEI1y ttONEYERy THAT T"Itt Cq"RRCT' t
A P04001, COXTRACT# NOT ASSIOM OUS AWTHAT ifft DANC WILL' TERRIRATE
110010 THE pEATM OF sICCONC PARTY, OR "Tile IVA OIL IT'Y OF 6tCOIID PARTY TO
FORM lat OUTICS HEREUNDER FOR A PERIOD OF rTlglea
TH1s SHAtL SE,FOHSTRUM A* A 08t PRIVILEGE CONTRACTf,MCLUDiNQ
INC III
GMT OF USE AN* OCC4PAXCY OF Tile GOLF 9HGP9 CAFE AIM LBCKER'ROOM
WITH THE "ll- i "TIOM I)PON.GRAHTEE -TO 46IPOVISE THO 010ERAT1O11-41(D_RAIRTENAHC£
DF THE G90°SEAtN i micivAL-GOLF COUM AS A PUBLIC ftNtCIPAl. CiOF 'COUR6E
Mill -THE OOTY OF EHFORCIND ALL IWLESF,R9GIILATIOHB AND OROItGNhEB'PCRTAtl1iHOF
TO SANE. i
+ WITl 55LTFi itUZ HAHi15 OF THE PARttES Nina tH1sYTNE
OF
Tm CITY (r CIE m amisTil.TEXWS'
$xHeRRERT 31. 1pJlq;EYP CITY MANAGER
'ATTEST s -
ITY BBCRETARY
APPROMixp AS To- REGRL 'Sfi>itd
THIS i9Ttl DAY OF MAY, 19%is
CITY ATToRHEY
THAT THE FOREGOING ORDINANCE WARE�D FOR THE RST TIME AND
PASSED TO ITS SECOND READING ON THIS THE f�v BJDAY OF
BY THE FOLLOWING VOTE: �-/-
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GAGE 4. LOZANO, SR. �•�
i
THAT THE FOREGOING ORDINANCE W/pp��2EAD FOR SECOND TIME AnD
PASSED TO ITS THIRD READING ON THIS THE d& I DAY OF j9��
BY THE FOLLOWING VOTE: -- ��-- --11 --
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE le
R. A. HUMBLE
GABE L. LOZANO, SR.
THAT THE FOREGOING 0 INANCE AS READ FOR THE THIRD TIME AND
PASSED FINALLY ON THIS THEDAY OF , BY THE FOLLOWING
VOTE;
ELLROY KING
JAMES L. BARNARD `-
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE j
GABE L. LOZANO, SR. �.AY PASSED AND APPROVED, TH I S THE p( •n/ of
ATTEST,')
MAY
CITY $ECRETA // THE Cl CORPU HRISTI, TEXAS
TH I SOV ADAYOOLEG a FORIq ' , 9 s
Y
CITY ATT NE