HomeMy WebLinkAbout15431 ORD - 03/26/1980,2-i9-80
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AN ORDINANCE
GRANTING MRS. IMOGENE PICKETT, DBA ALOHA TOURS AND SERVICES,
A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE
OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A
CHARGE OF FOUR PERCENT (4%) OF GROSS RECEIPTS TO BE PAID ON
OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE PRE-
CEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT
OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH
CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY;
PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN
THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING
BY GRANTEE WITHIN THIRTY (30) DAYS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The right and privilege is hereby granted to Mrs. Imogene
Pickett, dba Aloha Tours and Services, hereinafter called Grantee, for a period
of five (5) years from the effective date hereof, to operate a scenic motor
tour service, as same is hereinafter defined, along and over the public streets,
alleys and thoroughfares of the City of Corpus Christi, under and subject to the
terms and restrictions herein set out.
SECTION 2. (A) During the operation of said scenic motor tour service
over and upon the public streets, alleys and thoroughfares of the City under the
terms of this franchise, and for the period of this franchise, the owner thereof
shall pay to the Collection Section of the Department of Finance, in lawful money
of the United States, four percent (4%) of the gross receipts measured by the
total fares collected and other income including advertising receipts derived
from the operation of the scenic motor tour service, and/or guide service, or
such rate as may be provided in any regulatory ordinance regulating the operation
of said scenic motor tour or guide service, whichever may be the greater.
(B) Said payments shall be made monthly on or before the 10th day
of each calendar month based upon the gross receipts of the said business for
the preceding calendar month.
(C) It is understood that the payment of the monies as herein pro-
vided shall not be considered so as to affect or prevent any forfeiture of
permits for nonuser or otherwise, as is now, or may in the future be provided
for by City Ordinance. The compensation herein provided for shall be in lieu
of any other fees or charges imposed by any other ordinance now in force during
the life hereof, except that in event of conflict the higher charge shall be
paid, but in no event shall the Grantee be released from the payment of any ad
valorem taxes levied.
15431
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SECTION 3. It shall be the duty of the Grantee to file with the
Director of Finance of the City of Corpus Christi, a sworn statement showing
all receipts of said Grantee, which said verified statement shall be filed
within ten (10) days following the end of each month. Grantee shall install
and keep an adequate system of bookkeeping to be approved by the Director of
Finance which books shall be subject to inspection by the governing body of
the City and any person or persons the said City may designate, or either of
them, so as to enable the City to check the correctness of the accounts kept
and the amount of gross receipts, street rental fee or charge due it by virtue
hereof.
SECTION 4. A "scenic motor tour service" as contemplated in this
ordinance includes the rendering of a sightseeing service to individuals or
groups from or to fixed points or for predetermined periods of time, conveying
the participants for the purpose of displaying to them the various natural
and manmade points of interest and the economic and cultural institutions of
the City of Corpus Christi and the surrounding area, and shall not include
the operation of a taxicab service furnishing merely transportation of persons
and property from point to point for hire. Services may also include guide
service in vehicles owned by participants. A "vehicle", as used in this ordi-
nance, shall mean every automobile or motor propelled vehicle used to convey
passengers under this franchise, irrespective of whether the operations extend
beyond the city limits of the City of Corpus Christi. "Taxicab Ordinance" as
used herein shall mean Sections 57-20 to 57-149, inclusive, of the City Code,
currently or as amended.
SECTION 5. A11 vehicles operated by Grantee under this franchise
shall be modern, safe and of adequate construction, shall be kept in good
repair, clean and meet inspection and safety provisions.
SECTION 6. Grantee shall comply with all traffic regulations and
ordinances now in force in the City of Corpus Christi, and the laws of the
State now in force, and shall comply with such ordinances and State laws which
in the future may be enacted. Grantee shall never permit the vehicles operated
hereunder to be used in violation of any criminal statutes, State or Federal,
but Grantee shall keep reasonable supervision over the vehicles operated here-
under for the purpose of preventing such vehicles being used in violation of
any laws.
• •
SECTION 7. Grantee must carry such public liability security as
is provided by ordinance. Before this franchise shall become effective,
Grantee shall furnish to the City of Corpus Christi a good and sufficient
policy of public liability and property damage insurance or bond, or cash
bond as now provided by any existing ordinance applicable to taxicabs or
the operations of Grantee; and should the City Council, by ordinance, require
a different type of bond or insurance, or require that all scenic motor tour
service companies carry a policy of insurance, or increase the fare amount
of such bond or insurance, Grantee shall have thirty (30) days from the date
of passage of such ordinance in which to comply with the terms thereof.
SECTION 8. At the termination of the five-year period hereinabove
set forth, this grant shall terminate and be of no further force and effect.
SECTION 9. Grantee shall own all vehicles operated by her in said
business and shall hold legal title to said vehicles in her name, and upon
demand therefor shall exhibit certificates of title of all vehicles to any
authorized representative of the City of Corpus Christi, excepting from this
section vehicles such as buses, limousines, or rent cars which are used tem-
porarily by the Grantee where such temporary vehicles are under franchise and
control by the said City and provided that they are made subject to all regu-
lations of this ordinance excepting only as to ownership by Grantee; and
further excepting any vehicles owned by the customer where Grantee furnishes
guide service.
SECTION 10. Grantee shall report and pay when due and before
becoming delinquent any charges, rental, street rental fees or obligations,
contractual or otherwise, which the City may now, or subsequently, be author-
ized by the Legislature of the State of Texas to impose and collect or which
are now, or may be, imposed by valid ordinance duly and legally enacted by
the City Council.
SECTION 11. Grantee shall render, in accordance with provisions
of the Charter of the City of Corpus Christi and the State laws governing
the rendition of property, and pay to the City before same shall become
delinquent, all ad valorem taxes against each vehicle and all personal
property used in the conduct of Grantee's scenic motor tour service business.
SECTION 12. Grantee hereunder may charge such rates as are now,
or may in the future, be set by ordinance passed by the City Council.
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SECTION 13. If any part of this ordinance shall be held invalid,
no valid parts thereof shall be affected thereby.
SECTION 14. This ordinance shall be binding only upon the accep-
tance thereof in writing by the said Mrs. Imogene Pickett, dba Aloha Tours
and Service, within thirty (30) days after the final passage thereof, and
full compliance by Grantee with the terms hereof as to public liability
security, condition of vehicles, payment of rentals, and with the terms of
existing ordinances that may affect such operation. If this grant is not
accepted within the time prescribed, Grantee shall no longer have the right
to operate a scenic motor tour service within the City of Corpus Christi.
SECTION 15. "Grantee" as herein used shall be construed as singular
or plural, according to whether one or more than one person at the particular
time may be the owner of this grant.
SECTION 16. This franchise, and the permits held by Grantee in
connection with said franchise, may be sold, transferred and inherited; pro-
vided, however, that any sale or transfer shall be first presented in writing
to the City Council for its approval or disapproval based upon the best interest
of the public; the City Council in approving or disapproving any such sale or
transfer of this franchise, and the permits owned in connection therewith,
may take into consideration all of the requirements and qualifications of a
regular application, and apply same as necessary qualifications of any pro-
posed purchaser or transferee. "Sale or transfer" as used herein includes
the transfer of stock in a corporation where such transfer would give the new
owner ownership of 10% or a plurality of the corporation's stock, or where
such transfer would alter effective control of the corporation. Sales or
transfers of stock not required to be approved under this section shall be
reported to the Taxicab Inspector.
SECTION 17. The franchise granted by this ordinance shall not be
and is not intended to be an exclusive franchise.
SECTION 18. The Grantee shall operate her vehicles so as to give
good service, employ drivers that meet the requirements of the present existing
ordinances affecting similar operations, or that meet such requirements as may
be required by ordinance. Each operator of any motor vehicle operated under
the terms of this franchise shall comply with all of the ordinances of the City
of Corpus Christi and the laws of the State of Texas, now provided and as may
hereafter be provided, regulating drivers of scenic motor tour services and
motor vehicles for hire.
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SECTION 19. The City Council shall have the right to modify or
change or amend or add to this ordinance in order to make the provisions
hereof more completely meet the scenic motor tour service situation in
Corpus Christi, including the right of the City Council to charge the gross
receipt tax payable under Section 2 of this ordinance, or such charge which
is necessary to better protect the public, or if the City Council deems it
necessary to better protect the public, or if the City Council deems it
desirable to incorporate all provisions of City law governing the scenic
motor tour service business in this franchise rather than have a separate
ordinance.
SECTION 20. Failure to comply with any of the terms of this fran-
chise, or of the Taxicab Ordinance, as applicable, or any other ordinance
applicable to Grantee, shall be grounds for suspension or revocation of this
franchise. Proceedings to suspend or revoke this franchise shall be governed
by the Taxicab Ordinance, as applicable.
SECTION 21. The Grantee shall not be authorized to operate under
this franchise a bus or omnibus with a seating capacity for twenty (20) or
more passengers.
The foregoing franchise this day delivered to me is hereby accepted
and agreed to by the Grantee.
Dated this 6 day of
ATTEST:
Mrs. Imogene Pickett
dba Aloha ours and Service
That the foregoing ordinance was read for tlf f'rst time and passed to its
second reading on this the oPO day of aiva , 19 XO , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for econd time and passed to its
third reading on this the a27 day of , 19J0 , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordina was r ad for th third time and passed finally
on this the .j day of �/ :1_ , 19 , by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky /
PASSED AND APPROVED, this the c day of c , 1910
ATTEST:
C ecretary MAYO
APPROVED:
7-0 DAY 0 , 19/0:
J. BRUCE AYCOCK, CITY A ORNEY
By
Assistant City,
15431
THE CITY OF CORPUS CHRISTI, TEXAS
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PUBLISHER'S AFFIDAVIT
STATE OF TERAS, l89:
County of Nneces.
Before me, the undersigned. a Notary Public. this day personally came. ....... .
ELMA RODELA , who being first duly sworn, according to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
PUBLIC NOTICE Notice is hereby f$ven that the City Council of the City. of Cornus Chrisf5,..
of which the annexed is a true copy, was published in _....._.. Corpus Christi Caller -Times
on the 25thday of F!bruary. 19 80., and once
consecutive..
w.__. 57 ----- E1ma Rodela �� ®&Q
Accounting Clerk
Subscribed and sworn to before me this 28th day of February _ 19 80
Lois Winn ..
Notary lc, Nueces County, T as
PUBLIC NOTICE
Notice Is hereby.ggl van that
the 'Ity Council of fr9 Clty of
'Corpus Christi has, on the
h day of February, 1900,
on lra7 reading, an
-ordinance granting Mrs
Imogene Pickett, dba Aloha
Tours and Services, a fran-
chise on and over the public/•
street, alleys end public
thoroughfares of the City of!
Corpus Christi, for the purl
pose of operating a scent
fnotor tour service; provid
Ing for a charge of lour per
Cent (4%) of gross receipts t
be paid on or before the 10t %
day of each calender mont
for the preceding calends
month; providing for the 111
Ind of a statement of receipt
within fen (10) days follow_
mor-thend of each calendar
nth; providing for public
liability security; providing
for p ;aper supervision; pro-
v)dlny for date when this
1 grant shall become effective
-'byon granteeee within thince in rty) (30)
days. The full text o1 said or-
dinance Is available fo the
public In the Office of the
City Secretary.
WITNESS my hand this
71st day of February, 7900.
-s-glll G. Read,
City Secretary
CIty of Corpus
__ ____ Chrlstl, Teoa J
PUBLISHER'S AFFIDAVIT
5T' TE dF TEXAS, ss:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally
Elma Rodela who being first duly sworn, according to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO 15430 GRANTING MESSRS. J.M. JONESANDRICK LIE =
L
of which the annexed is a true copy, was published in ____Qsg4s Chsist.L_Ce,Uer.:DELes
on the 31st day of March 195° _, and once each.
consecutive..
..a _Times.
45.43 Elms Roder
Accounting Cle
Subscs4bed and sworn to before me this_._ 3rd ..__,day ofApril 19.80
Lois Winn
Notary Public Nueces Texas
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. 1J
Before me, the undersigned, a Notary Public, this day personally came..__.._____—.--.-
ELMA RODELA w, who being first duly sworn, according to law, says that he is the
AccounCing Clerk of the Corpus Christi Caller and The Corpus Christi limes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
public notice Notice is hereby given that the City Council of the City of .Corpus Christi....
of which the annexed is a true copy, was published in Corpus Christi Caller -Times
on the._3rd day of_ March 19_89 and once
1 _._._Times.
$,31.57 __Elms Rodela.,
Accounting Clerk
Subscribed and sworn to before me this 1 ...-.-day of._..DISINSh
Lois Winn
Notary P
19..80..
lic, Nueces County, Texas
NOTICE OF PASS.
OF ORDINANCE
NO. 1140
GRAN-TING MESSR K
N,
JONES ADUS
LIENDO, DB CORPR I C
CHRISTI .MOUSINE SER-
PUBLIC
R4NCHISE ON
PUBLIC NOTIC AND OVER --HE PUBLIC
Nouse Ie hereby. STREETS, ALLEYS AND
the City Council el PUBLIC THOROUGH-
Corpus Christ( he. FARES OF THE CI FOR
27th day of Februer, / CORPUS CHRISTI,
having
on second re6 y. THE PURPOSE OF OPER-
on
pte71our1y appproc4 ATINGALIMOUSINESER-
an first 11atl(n9 0n the oro, VICE, PROVIDING FOR A
dayof and
CHARGE OF FOUR PER-
dlnence granting Messrs. J. CENT I4%) OF GROSS RE-
M. Jones end Risk Liendo, CEIPTS TO BE PAID ON
dbe Corpus Christ) Limou- OR BEFORE THE 10TH
aloe Service, a public
s lee an DAY OF EACH CALENDAR
and over the blit streets, MONTH FOR THE PRE-
alleysand public thorough- CEDING CALENDAR
fares of the City of Corpus MONTH; PROVIDING FOR
Christi, for the sine seryop.ice;
THE FILING 7 A STATE-
ererlrr�pallmoualneservi�e; MENT OF RECEIPTS
providing for a charge of WITHING TEN (10) DAYS
four percent (4%) of gross FOLLOWING THE END OF
receipts to be paid on or be- EACH CALENDAR
fore ins 10th dey 00 each cal- MONTH; PROVIDING FOR
ender month for the prated. PUBLIC LIABILITY SE-
Ino calendar me,ilh; PROPER
PROVIDING FOR
provident for the filing 00 a PROPER SUPERVISION;
SE-
statement (10) days
receipts within PROVIDING FOR DATE
ten (10) days following the WHEN THIS GRANT
end 0l each calender month; SHALL BECOME EFFEC•
providing fur public liability TIVE UPON ACCEPTANCE
security. in; sing for Prop- IN WRITING BY GRANT-
erw alonldrovidingfor EE WITHIN THRIGV (30)
date w thea Brent shell DAYS.
become effective y(30))yon ee• WAS PASSED AN APPROV•
The grant-
full
nl texceptance 1h t
ly (30, oat.. Eub- D
Dtyy of Corpus puenChr�stl,
The Tull text of sold 0rd1- Taxes, duringty the Regular,
ticnenen Secretary.
fico of thavailable to e Clty Cnth ouncil of urch1g etl980t a.
Secretary. 2:00 p.m. and providing pub
WITNESS my hand this Ilcetl one time In the 0Hl-
28th day of February, 1980. tial publication of Inc CNy W
-a-Bill G.Read, Corpus Christi, Texee.
City Secretary ISSUED UNDER MY HAND
City of Corpus AND SEAL of the City 0f
Christi, Texas 5
the us Christ MTexeach51980.
-daY s-BIIirG. Reed,
city Secrettya t
Corpus Christi,
Tex05.
•
STATE OF TEXAS.
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came ..._.•-_-. ••
_ ELMA RODELA ,,,,,, who being first duly sworn, according to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi limes.
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
PUBLIC NOTICE Notice is hereby given thath the City Council of the City„of Corpus Christi....
of which the annexed is a true copy, was published in
Corpus Christi Caller -Times
on the 3rd day of March _ 1982_, and once
consecutive.
g 33.88
Subscribed and sworn to before me this_
Elms Rodel
Accounting Clerk
l9thday of _March-___ _ _..._^._.... 18...80
Notary'ublic, Nu Texas
Lois Winn
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. J
J
Before me, the undersigned, a Notary Public, this day personally came..._.._.._......_ _ ..._
ELMA RODELA „ who being first duly sworn, according to law, says that he is the
Accounting Clerk of the Corpus Christi Caller and The Corpus Christi limes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
PUBLIC NOTICE Notice is hereby given that the City Council of the City of Corpus Christi,,..
of which the annexed is a true copy, was published in Corpus Christi Caller -Times
on the....25..thday of Feb.>:uary 19_$4_, and once each.
consecutive ..___ _
.....
$.._2.49._.....__. __.__ Elms Rodela
_._...._...___---
Accounting Clerk
Subscribed and sworn to before me thislith.r___day of_._liars h. 19...81..._
r��-uL
Notary Public, Nueces County, Texas
c
Lois Winn
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came ........
E1ma.Rodela who being first duly sworn, according to law, says that he is the
Accountin.E_Clerk of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICEOF PASSAGEOF ORDINANCE NO. 15431 GRANTING MRS. IMOGENE PIC1<tTT, DBA ALOHA
of which the annexed is a true copy, was published in _..c.Qa8 413TitiSr#.-41,1x=.=I)
on the 31 day of_Mctrch..__, 19 80 , and once each_ ••—
consecutive.
1. __Times.
$ 44.66 Elma Rodela_
Accounting Cleric\
Subscribed and sworn to before me this_. 3rd day of_.._. April
NotaryPubL Nueces County, Texas
1980
Lois Winn
PUBLIC NOTICE
Notice Is hereby given the
Inc City Council of the City
Corpus Christ, -as, on th
27th day of Feeuary, 1980
...Approved on second reading
i; Saving prevAusly approve
on first rm-0410 on the 200
day of February, 1900, an or
dlnance granting Mrs. Im
gene Pickett, dba Aloh
Tours and Services, a Iran
chits on and over the pub))
streets, alleys and pub)
thoroughfares of the City
Corpus Christi, for the pur
pose of operating a scenl
motor tour service; 17809191
'Mg for a charge of four Or
cent (456) of gross recelpfet
be paid on or before the let
day of each calendar mont
for the preceding calenda
month; providing for 000 111
Ind of a statement of mei
within ten (10) days follow
Ing the end u1 each calends
month; providing for publi
liability security; providin
or proper supervision; pr
viding for date when thi
grant shall become effectly
upon acceptance In writing
by grantee within thirty (30)
days. The full text 511 said or
dinence Is available to th
public In the Office of th
CIty Secretary.
WITNESS my hand th
'21th dew of February, 1900.
-1-13111 G. Read,
CItY Secrete
City of Corpu
Christi, Texas!
PUBLIC NOTICE
Notice Is hereby given that'
the City Council of the City o1
Corpur Christi has; on the
}0th day of Februe 1910,
approved orlfirst r Ittg, an
ordinance ggrantIn ' Mrs.
Imogene Pickett, dba Aloh
Tours end Services, a Ira
chile on and over the-publl
l
street,
of the pub
r
ppooseu01 Christi,
ng the
scent
motor tOur service; provld
Ing for a charge of four per
cent (4%) of gross receipts
be paid 011 or before the lath
day of each calendar month
for the preceding calendar
month; providing for the fil-
ing of a stetemelrt of receipts
wnigt
00011 caloendar
month; providing for public
Ilability security; providing
for proper supervision; Pro-
viding for date when this
grant shedd become effective
upon acceptance in writing
by grantee within thirty (31)
days. The full text of 'alder
dlnance Is available to the
lONice of the
City Secretary.
WITNESS my hand thls
71st day of February, 1910.
-s-9111 G. Reed,
Cly Secretory
Cly of Corpus,
Chrlstl Texas
NOTICE O.PA�SAGE
OF;II:INAhCE
GRANT1063(
GENE MS.IALOHAK,I.T, DEA
VICES, AOVR3 AND SER-
AND- OVr FRANCHISE ON
STREFi R THE PUBLIC
PUp• ;TS, ALLEN'S AND
THOROUGH-
...ARES OF THE CITY OF
ORPUS CHRISTI, FOE
THEOPE
ATINGURP A S EN CSEFMOTOR
TOUR SERVICE; PROVID-
ING FOR A CHARGE OF
FOUR PERCENT (6%) OF.
GROSS RECEIPTS TO BE
PAID ON OR BEFORE THE
Y OF EACH CAL-
ENDARAMONTH FOR THE
PRECEDING CALENDAR
MONTH; PROVIDING FOR
THE FILING OF A STATE-
MENT OF RECEIPTS
WITHIN TEN Ill). DAYS
FOLLOWING THEND OF
EACH CAL NDAR
MONTH; PROVIDING FOR
PUBLIC LIABILITY SE-
CURITY; PROVIDING FOR
PROPER SUPERVISION;
PROVIDING FOR DATE
WHEN T -HIS RANT
SHALL BECOMEGEFFEC-
TIIVE UPON ACCEPTANCE
E+E WITHING THIRTY A(30)
DAYS. -
AS PASSED AND
PROVED by the City Council
of the City of Corpus Christi,
Texas, during the Regular
Counall Meeting held on the
76th day of March, 1910, at
2:00 p.m. and providing pub -
Haitian one time In the offi-
cial publication of the City of
Corpus Chrlstl, Texas: - -
ISSUED UNDER MY HAND
AND SEAL of the City of
Corpus
27th Christi,
MacTexas this
1900.
4-13111 G. Reed,
City Secretary
City of
Corpus Christi,
Texas.