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HomeMy WebLinkAbout17075 ORD - 06/09/1982AN ORDINANCE EXTENDING AND AMENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 13816 PASSED ON JULY 6, 1977 TO MR. ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, FOR AN ADDITIONAL PERIOD OF 5 YEARS. UPON SAME TERMS EXCEPT DELETING THE LIMITATION ON THE NUMBER OF BENCHES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. There is hereby granted to Eli Abrams, dba Courtesy Advertising Company, his heirs and assigns, for a period of five (5) years beginning the 1st day of June, 1982, the right and authority to construct, erect and maintain at locations to be determined by the Transit General .Manager of the City of Corpus Christi and to be designated as hereinafter provided benches for the use and accommodation of the patrons and users ! of buses and other public conveyances, and to use and employ the street side of the backs of said benches for advertising sold by the Grantee hereof to persons, firms, corporations and the public generally. SECTION 2. The benches constructed, erected, maintained and furnished by Grantee shall be substantially, durably and attractively con- structed of concrete base and sides; of wooden or plastic seats and backs, and secured by metal strips and bolts, in a durable and safe manner, and shall be maintained by Grantee at all times in such condition that the same shall not constitute a menace to the safety and well-being of any person. Grantee shall cause grass and weeds to be kept from around the benches at any place where grass or weeds grow too close to the benches for the same to be cut by any lawn mower or cutting machines that may be operated at that point by the City or any property owner. All benches shall be identified by number and the location of each bench shall at all times be in accordance with the approval of the City Manager or the Transit General Manager of the City of Corpus Christi, Texas. SECTION 3. As compensation for this franchise and for the use of public property herein contemplated to be used, the Grantee shall pay to the City of Corpus Christi the sum of fifteen percent (15%) of each month's gross tfaCi0110..9 gy /41 19t4 17075 receipts received for advertising located on the said benches. The Grantee shall file with the Director of Finance on or before the 10th day of the following month a sworn statement showing all receipts of the preceding month received by the Grantee for advertising on said benches. In addition, on the annual anniversary date Grantee shall provide a sworn statement indicating' the maximum number of benches authorized at any time during the year, the gross receipts for the year, and the amount of the fifteen percedt (15%) paid . to the City. In the event a minimum amount of $5.00 guarantee per bench based on the maximum number of benches installed at any one time during the year exceeds the amount previously paid to the City, Grantee shall make an additional payment equal to the difference between the amount previously paid and the minimum guarantee. The Grantee shall pay to the City of Corpus Christi the required amounts at the time of filing the said sworn statements. The Grantee shall maintain adequate records and an adequate system of bookkeeping which shall be subject to audit by the Director of Finance so as to enable the City to check the correctness of the accounts kept and the amount of money due to the City under the terms of this franchise. SECTION 4. The benches shall be placed at locations of bus stops, on the routes of buses and other public conveyances -Id the area between the street and sidewalk, as determined by the Transit General Manager. Such benches shall not be placed at any other location and in particular shall not be placed at any location where they may constitute a hazard to safety or an impediment to traffic. In no event shall any bench be placed closer than two feet (2') from the back of the curb to the front edge of the bench. The benches shall be placed so that the angle of the bench to the street will not exceed 45 degrees. Grantee shall furnish to the City Manager and/or the Transit General Manager of the City of Corpus Christi, a list of locations. No bench or benches shall be constructed or maintained at any location without the written consent of the adjacent property owner, and until the location thereof shall have been approved by the City Manager and/or the Transit General Manager. After any bench or benches are placed at any location, the City of Corpus Christi shall have the right to cause same to be removed by Grantee on 30 -days written notice, with or without cause. SECTION 5. At any time during the franchise period or upon termi- nation of this franchise and of any extension or extensions thereof, the said benches of Grantee Situated in and upon the streets, avenues and other Public places shall, at the option of and'upon the payment by the City of Corpus Christi to Grantee of a fair valuation therefor, be and become the property of the City of Corpus Christi. Purchase of such benches by City shall auto- matically terminate this franchise. The said fair valuation payable by the City of Corpus Christi to Grantee shall be ascertainedby the arbitration and appraisement of a Majority of three appraisers, one of whom shall be appointed by the City of Corpus Christi, one of whom shall be appointed by the Grantee, and one of whom shall be designated by the first two appraisers so appointed by the City and Grantee. If said two appraisers shall be unable to agree upon the designation of a third appraiser, or if the City or Grantee shall refuse.within a period of thirty days after notice to appoint or designate an appraiser, the Judge of Nueces County, Texas, shall designate such appraisers. The valuation so fixed by a majority of said three appraisers shall not include any payment of valua- tion because of any value derived from the franchise or the fact that it is or may be a going concern duly installed and operating. If at the end of the franchise period the City Council of the City of Corpus Christi shall not desire to acquire the said benches and property by the payment of a fair valuation therefor, then and in that event the said benches shall be removed from said locations by said Grantee herein without cost or expense to the City of Corpus Christi, and the surfaces where said benches were located shall be fully restored to their former condition. SECTION 6. The advertisements placed and maintained upon said benches by Grantee shall not include advertisements of alcoholic beverages or of businesses or establishments whose principal business is the manufac- ture, sale or handling of alcoholic beverages. The face of the advertise- ment shall in no event exceed 2' x 6. SECTION 7. The Collection Section of the Finance Department of the City of Corpus Christi is herelv designated as the proper office to receive payments for and on behalf of the City of Corpus Christi, Texas. SECTION 8. Substantial failure of the Grantee to comply with the terms and conditions of this franchise ordinance shall constitute adequate grounds for the forfeiture of this grant after fifteen (15) days written notice and hearing to Grantee. SECTION 9. The Grantee herein shall indicate in writing his acceptance of the provisions of this ordinance within ninety (90) days after the final passage thereof. SECTION 10. Grantee shall file with the City Secretary of the City of Corpus Christi, and keep in force during the term of this franchise, a policy of public liability insurance issued by a casualty insurance company authorized to do business in the State of Texas, insuring Grantee and the City of Corpus Christi, as liability exists under the law, against liability for damages incurred by any person, firm or corporation by reason of the construction, maintenance, location and existence of said benches with limits of $300,000 of bodily injury each occurrence and $50,000 property damage each occurrence. The City shall be given 10 days notice of the expiration or termination of such policy. SECTION 11. If any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or un- constitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 12. This franchise may be assigned only with the written consent and approval of the governing body of the City, but said franchise shall be binding upon the parties hereto as well as their successors and assigns. SECTION 13. This franchise shall in no wise construed to be exclusive and shall not be construed as granting to Grantee any exclusive right or privilege. That the foregoing ordinance was read for the first time and passed to its second reading on this the 21.g day of tryn<LAA, 19.1a— , by the following vote: Luther Jones Betty N. Turner. Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That - That the foregoing ordinanc? read for e second time aNd passed to its third reading on this the .( day of , 190../ , by the following vote: Luther Jones Betty N. Turner Jack E-6-umphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregog ordinance w on this the day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the day of read for the thild time and passed finally , 19 2r.2=.1 by the following vote: ATTEST: APPROV. g6c-N=DAY OF , 19 8- J. BRUCE AYCOCK, CITY TORNEY MAYOR 17075 9 410rOF CORPUS CHRISTI, TEXAS , PUBLISHER'S AFFIDAVIT #V402482 CITY OF C.C. STA.TE OP TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came LORRAINE CORTEZ .., who being first duly sworn, according to law, says that he is the ACCOUNTINu C.L.,Z4E 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 publicationof NOTICE OF P A.S F ORDSEAN.C.E. NO, 17075 THE CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in day- thereafter for one on the ... . 4.-P..43day of JUNE 19 8 and once each consecutive day o.n.e Times. $ 312.20 lffffUNVING cLIRR LORRAINE CORTEZ kyikal/Yifb Subscribed and sworn to before me this Z4.1.11 day of 4-1JNE LILISW. INN Notary Public, Public, Nuec 19 82 ounty, Texas _ - COURTESY ADVERTISING CO. P. 0. BOX 6075 • CORPUS CHRISTI, TEXAS 78411 TELEPHONE 855-7173 To City Secretary City of Corpus Christi City Hall Corpus Christi, TexAS DATF 4111111. 15, 1989 Ordinance number 17075 Section 9 The Grantee of the above numbered Franchise; accepts all provisions of this Ordinance. r,1617787 Nbt\- 4, • JUN 1982 c's, ra, t.0 Cr, co '-'"nrARY'S • OFFICE 0.3" L ivate' Eli Abrams d/b/a Courtesy Advertising Co. NpTICE OF • PASSAGE OF - , 0 kr2INANCE NO. Tins 0 1705 E-X•T'EN DING AND AMENDING THE FRAN- CTSE0GRANTED BY OR. DI-NANCE NO. 13816 PASSED ON JU 6, 1977 TOYAR. ELI AB DBA COURTESY A V TIS- ING C NY, F AN AD • ONA ERI OF 5-- JARS ON AMB TERMS = '9 iELET" ING ION ON THE'al R OF BENCH- ES. 1ELE IT -ORDAINED BY CITY{ 8tal.1-Cii-CHIETTWTRAOSF4 SECTION 1. There is here- tw,grarited to Eli Abrams,t dllay,Cpurtesy Advertising Company, his heirs and as- signs, for a period of five (5) years -beginning the 1st clay 4u of ne, 1982, the right and _authority to construct, erect 70 a °cations to beidel rrnin he Transit GeneraliM f the City 09. -Corp r i and to be des ig 9 as hereinafter pro< • • nches for the use aecheacommodation of the patrenktiand users of buses wait lather public con- veyances, and to use and em- elaw-Me-rhern-stde of the Pocks -of said benches for ad- iier-tising• sold by the Grantee hereofjo persons, firms, con posations and the public gen. esalln GSE.Cy. TION 2. The benches rusted, erected, main- teinechnand 1 urnished by Gclentee shall be sub- onnt,ially, durably and at- 1fcalmly constructed of e tdes; of, Woo rr or pl 1 se Is and cootre a and d metal ps and , in a durable tend safe manner, and shall , Ajqtained by Grantee al unes in such conditIor, . 14. same shall not cori to th safety -knd well-being of an -person.,Grantee shall caus grass and weeds to be ker., tfoillsiund the benches a affiTle ere where grass of weeds,grow too close to thi beitEep for the same to Ifil yony lawn mower oi ,Machines that maA be_Qpi00174 at that point by, e t-1id , iowe nn: ty or ce sa 4.Used.0j n9flsheL.LgaId the lo- -eation oreach bench shall at .$10001&s be in accordance A:approval of the City 791an-ager or Inc Transit Gen. imager of -the CItYlot s hriitl, Texas. i N 3 As corh. ensation for this franchise for the use ublic • Leitia0ailoivaita" e i99' "frre; .e-o7p-'1, 1 . Grantee shall pay to the City cemplateZ ton 110 used, me I: et-Curpus Christi the sun) of fifteen percent (15%) of etch' month's gross receipt:I:e- yed for_-advartising loe caod on' the said leen es! 7.185_Grantee_shall file With thelOirector of Finance an or, Belpre 1 f the foli Inletng 0,9 n state1 plent s ow g a ceipts of, the -preceding month re'i cehted by the Grantee tor ach xerlising on said benches. In narre eoen,,, oat tdrigrizeu: lofienci trtivide a sworn statement indicating the maximum number of benches author- ized at any time during the year, the gross receipts for Be year„ and the ameunt of fifteen percent (15%) paltljto the City. In the event aJainimum amount of 55.00 guarantee per bench based on -the maximum number of b tailed at any one t1m+4urI0QIjII,.Yr exceeds tne_a_m re - usly paid 10-4410, 0017, antee shall makeen additional payment equal to the difference be- Viieealhe amount previously peidand the minimum guar- antee, The Grantee shall pay to-the-Chref-Gorpus Christi Itio-yeguired amounts at the tjme 01 911109 the said sworn statements. The Grantee shall maintain adequate rewords and an adequate.sYs- ,, tem of bookkeeping which. ' shall be sublect to audit by 1..,,, „ilea -Director of Finance so as to -enable the City to check 1 the_xinrtness 17,e amni 9the,n aci of -money ity un. der the t f thi fran- chise. 'SECTION 4. The benches -Mall be placed at locations ial-bils stops, on the route's of I ...buses and other public con. ) --valances in the area be. 7 .4ween--the-streaLand_ade- e >talk, as determined by the 'r Teetnsit General Manager. je Sueh benches shall not be it placed at any other location it ,and in particular shall not be r SliAced at any location in e where they may constitute a ''. Manridttno r.aefAlyeernannei e n m1,2:di li „Wall pch be placed closer than t feet (2') 1 rom ihe b eti-Cyrb to the _Uri ge of Ms...aench The „benches shall be placed so 'that the angle of the bench to te street will not exceed 45 sees antee shall- furnish to - Srt4,ndt=geerillenpidoer,il the Ble-Cit) of Corpus Christi, a Ust-otlocations. No bench or benches shall be constructed nc-rneinfained at ani 1008- ,00n -without the writt8n con. ' sent of the adjacent properly •crwiferl and until the Vocation thereof shall have been ap- proved be the City Manager and_forthe -Transit General Manager. After any bench or '-cllesed at any 10 Cation, pyof Corpus hniati srlght to cause sa amoved- hy.Grantee an 30 -days WIlt, ten. notice, with or virilhoUt cause. - .. ....... rE•C'T At any fiffi oe-upqn terMination Of thil doring-IT8 franchise peso tsanchise and of a oy extent/ slon or extensions thereof,, the said benches of Grantee! situated in and upon the streets, avenues and other public places shall, at the op tioof and upon the payment by...ffie City of Corpus Christ taGrantee of a fair valuation 'therefor, be and become the -property of Inc City of Cor -pus Chri . chase of such, benches by C all auto; mafica min te thie -7-he_sald fair valuatIo4 Mauch's°. payable by the City of Cor ; ng: :ig tration.and appralsement o a j„matority of three ap praisers, one Of whom she( be_appeinted by Inc City 0 Corpus_Christl, one of whoni shall -be appointed by th Gf-dfltee.... and one of whon sherti-be designated by thl ficst-two appraisers so ap pqintosa the City an ' .0.13 Grantee. ( aid two ap praisers sha nlble 1 iurd appra sciehT' et en tl1 1 : eitr Grantee ref u wftMrra period of thirty day aiternotice to a Poo int or de ignate- an appraiser, th ..luilee- of Nueces County yettasH-shall-d-gigThrste suc ;appraisers. The valuation s tiked-by a maionty of sai Urea -appraisers shall 009 )0 ciude-any payment of valu, atton-because of any value derived- from the franchise onthelact that it is or mot be--a-gang concern duly in stalled -and operating. i ifeanthe end of Inc f ran chute -period the City Council oI.$ha..C+tf'30GprpuS Christi 511094-009 des to a quire the -Said e d oper- ' ty -by-the payment o a fair valuation therefor, then and In that -event the said bench- es,shall be removed from said -locations by said Granti en 000 111 wIllToul .1109 01' ex. perese-Th the City of -Corpus c.bpiitir-alfd the surfaces where -Said benches were la cefecLshall be 'fully restored to-thaelformer condttion. SEC-TIION 6. The advert's-, merit pieced and maintained, aura said benches by Grant; fee -41381i not include saver= tisemenfs of alcoholic bevel,' aga1 or, of businesses citi establishments wIlose pawl torbutyeosi! is_tb rnanufiC; *Mbe4;hr . ' "4-' ViteV advertftement shall In nol event:exceed 2' x 6'. SECTION 7. The Collection SecTiSh of the Finance, Da paranefirff-fErCily159 Cor- pus -Christi is hereby desire 00904 49 the proper office to receive payments for .50 091 behalf of the City of Corpus Cjacisti, Texas. SECTION 8. Substantial feature of the Grantee to corn -ply with the ter s .049 0590i9i05e 'of thi; fra chise II 2n ue or helot. nt fter fIf- en notice nee. . The Grantee herann-sha II indicate in writ - I lag:his acceptance of the pro. wstons_ of .this ,ordinance within ninet9-190)-81----S atter ondinence 815-q-Uate teifure of teen -(-15) da anpearin GTIO ccrtcrseo Ai cb'cluwiriir'ily4qeisiAunrsaisg lrgrrn cY:efeloPuutlebnicligicffbi:neo I341444.4zHviTtnr:lane_sufhor-frtee:c.tzeeeamadn.:td,uo,fT:htt., 2g..inhre,Imexge::beciefht:cs::Ornsern.fisiuda:c,:ib,oinnijr,g, u:dleerTrZrY "139 ileGtteral'r7ZI:4 nt7laasinn7enfna rtnncng'q eer 4it oft Y drr,t,a n 9iratipe;:ed!,i'learift5icrt iriPe::eaona;:: d,a_ysoenoetecehil eoeccdui,r-d. or be itj.Fecti;nnocrnLtVern-niin 7m% tn; SEngta•• 11 n rifta t orrarB. or un snt a h gra affeci ,Cnoeuft,1-4,:r___ isfa ra . nalre • or PrOvislrnF:rec•marce for It s 950t7ofth env foeielt=e_ Phrase, word, or pro:hereof be given ful oe,and effect for ifs pur cpSZC-11" 12. This (ran wa.thrf:avY,ribtletdisigned Ont) h nriTrilgrC reoch,sh i• e gitnelUPOfrthe eir er s ereto en af.signs, essors an SffitTION 13. 'This Iran chiseshall in " no wise i :trzdn to be exclusive erine drinawinft_ be Construed a* to Cr ee any ex' 47% 1" liege. ,CoqsasZch :MI 9th-day,f S on , 1982 Rearl ftp-secorpos-ehris z, xas