HomeMy WebLinkAbout16381 ORD - 07/15/1981r {jkh:7-15-81;lst
AN ORDINANCE
AUTHORIZING TRANSFER OF FRANCHISE FROM MARINA INN,
INC. TO FUN TIME TOURS, INC. FOR OPERATION OF THE
MINIATURE TRAIN ALONG THE BAYFRONT AND ON CERTAIN
STREETS OF THE CITY OF CORPUS CHRISTI, SAID FRANCHISE
HAVING BEEN ORIGINALLY GRANTED BY THE CITY OF CORPUS
CHRISTI ON JANUARY 21, 1976, AND EXECUTED ON JANUARY 26,
1976, ALL AS MORE FULLY SET FORTH IN THE TRANSFER AGREE-
MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 authorized to approve transfer
agreement transferring the franchise for operation of a miniature train along
a fixed route on the bayfront to Fun Time Tours, Inc., said franchise originally
having been granted to Marina Inn, Inc., dba Sheraton Marina Inn by authority
of Ordinance No. 12988, passed and approved by the City Council on January 21,
1976, which franchise became effective August 23, 1976, a substantial copy
of the Transfer Agreement being attached hereto and made a part hereof,
marked Exhibit "A".
SECTION 2. The necessity to authorize transfer of the aforesaid
franchise at the earliest practicable date creates a public necessity requir-
ing 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 or Council members, having declared such necessity to exist,
having requested the suspension of the Charter rule and that this ordinance
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 ACCORDINGLY SO
ORDAINED, this the day of July, 1981.
ATTEST:
C y Secretary
AP R ED:
,W" -DAY
- J."BRUCE
By
Assis
ULY, 1981:
) -C TY ATTORNEY
ttorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
SEP 27)9 4
'?! QflL.•
16381
TRANSFER AGREEMENT
WHEREAS, a franchise providing for the operation of a miniature
train along a fixed route on the bayfront was granted by and entered between
the City of Corpus Christi, Texas, (hereinafter the "City") and Marina Inn,
Inc., d/b/a Sheraton Marina Inn, (hereinafter "Marina Inn"); and
WHEREAS, the five-year term authorized by said franchise commenced
on August 23, 1976, and will expire at the end of August 22, 1981; and
WHEREAS, Marina Inn has conveyed the miniature train and the
Sheraton Marina Inn to Argus Hotels, Ltd., and such train is now under a
contract for sale to Fun Time Tours, Inc., (hereinafter "Fun Time"), the sale
being contingent upon the City's approval of the transfer of the rights and
.duties under the franchise to Fun Time.
NOW, THEREFORE, in consideration of the premises and agreements here-
in contained, the City grants its written approval of the transfer of the
franchise to Fun Time based upon the following:
1. Fun Time agrees to assume all the duties and responsibilities
specified in the franchise agreement, and prior to the commencement of opera-
tions: shall submit to the City a certificate of insurance naming the City as
an additional insured and providing for liability limits of at least $100,000
per person, $300,000 per occurrence and $50,000 for property damage, which
requirements are more fully set forth in the franchise agreement.
2. In addition to the route specified in the franchise agreement,
Fun Time may operate the miniature train on the southbound portion of Shoreline
Drive between the Bayfront Convention Center and Furman Avenue, daily except
during.the peak•traffic periods of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to ,.
6:00 p.m. Monday through Friday.
3. Fun Time agrees that prior to commencement of operations on
the seawall sidewalk, it will at its own expense place markings on the side-
walk to effectively warn pedestrians and other sidewalk users of the presence
of the miniature train. The warning markings will be of a size, design, color,
and material approved by the City and shall be placed along the sidewalk at
regular intervals not more than two hundred (200) feet nor less than one
hundred (100) feet apart.
e')(4,7 -01
This agreement is executed in duplicate originals on this
day of July, 1981.
FUN TIME TOURS, INC.
By
Dexter Wright, President
ATTEST: CITY OF CORPUS CHRISTI
Bill G. Read, City Secretary
APPROVED: DAY OF JULY, 1981
J. BRUCE AYCOCK, CITY ATTORNEY
-By
Assistant City Attorney
R. Marvin Townsend, City Manager
Corpus Christi, Tex
/QS— day of
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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.
, 19b�
Respectfully, Respectfully,
MAYO
Council Members
The City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L.—Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley '
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16381