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
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