HomeMy WebLinkAbout15507 ORD - 04/30/1980•
AN ORDINANCE
AMENDING PARAGRAPH XIV OF THE AGREEMENT TO CONTRACT
AUTHORIZED BY ORDINANCE NO. 14810, PASSED AND APPROVED
BY THE CITY COUNCIL ON MARCH 7, 1979, AND AMENDED BY
ORDINANCE NO. 15282, PASSED AND APPROVED BY THE CITY•
COUNCIL ON DECEMBER 26, 1979, CONCERNING CONTRACT BE-
TWEEN THE CITY OF CORPUS CHRISTI AND THE "PELICAN'S
PLEASURE" dba "CAPTAIN BOOMER'S" FOR THE ESTABLISHMENT
OF A BARGE RESTAURANT TO BE LOCATED ON THE PEOPLES
STREET T -HEAD, SO AS TO CHANGE THE OPENING DATE; AND
DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 14810, passed and approved by the City
Council on March 7, 1979, as amended by Ordinance No. 15282, passed and approved
by the City Council on December 26, 1979, an Agreement to Contract was authorized
between the City of Corpus Christi and "Pelican's Pleasure" dba "Captain Boomer's"
for the establishment of a barge restaurant to be located on the Peoples Street
T -Head; and
WHEREAS, the said Agreement to Contract contemplated that the barge
restaurant would be in operation by May 1, 1980, and Pelican's Pleasure has sub-
stantially completed construction of the restaurant and is ready to open May 1,
1980, but the scheduled opening date cannot be met due to difficulties that were
unforeseen at the time of execution of the Agreement to Contract, and it is
mutually agreeable to the City of Corpus Christi and to Pelican's Pleasure that
the Agreement to Contract be amended to provide for a later opening date:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PHP. CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That paragraph XIV of the Agreement to Contract, authorized
by Ordinance No. 14810, passed and approved by the City Council on March 7, 1979,
as amended by Ordinance No. 15282, passed and approved by the City Council on
December 26, 1979, concerning contract between the City of Corpus Christi and
the "Pelican's Pleasure" dba "Captain Boomer's" for the establishment of a
barge restaurant to be located on the Peoples Street T -Head, be amended so as
to hereafter read as follows:
"XIV. Liquidated Damages
In the event that Second Party fails to execute the lease attached
hereto as Exhibit 'A' and said barge restaurant is not ready to open for business
and fully capable of operation by June 1, 1980, or such later date as utilities
are made available to the site and the required permit is issued by the U. S.
Army Corps of Engineers, then the Second Party's bid security of One Thousand
Dollars ($1,000) shall be forfeited to the City as liquidated damages."
155®7iU1ICROFILMED AUG 2 g 1900
• •
SECTION 2. The necessity to immediately amend the Agreement to
Contract concerning contract between the City of Corpus Christi and "Pelican's
Pleasure" dba "Captain Boomer's" as aforesaid 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 but 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, having requested the suspension of the
Charter rule and that this ordinance be passed finally on the day of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the
of April 1980.
ATTEST:
APPROVED;
9
DAY OF APRIL, 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assisjtp[nt(Sity Attorn
3v day
MAY,
TY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
.1A2 day of
, 19 O�
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or 'requirement that no ordinance or resolution 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; I, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAYOR"
E CIT �F CORPUS CHRISTI, TEXAS
The Charter rule was suspend by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jatk K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
by the
following vote:
15507