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Home My WebLink About024762 ORD - 02/12/2002 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO,1 TO THE LEASE BETWEEN BAYFEST, INC" AND THE CITY OF CORPUS CHRISTI, AUTHORIZED ON MARCH 21, 2000, BY ORDINANCE NO. 023972, TO ADJUST THE AMOUNT PAYABLE FOR POLICE SERVICES AND TO ADD A LATE PAYMENT FEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1, The City Manager, or his designee, is authorized to execute Amendment No, 1 to the lease between Bayfest, Inc, and the City of Corpus Christi, authorized by Council on March 21, 2000, by Ordinance No, 023972, to adjust the amount payable for police services and to add a late payment fee, A copy of Amendment No, 1 is attached to this ordinance as Exhibit A. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment 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 in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose, SECTION 3, Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas, H\LFG-DlRlelizabeth\ELlZAHETIEllordOl.100\EHord 12] wpd 024762 f J / f I That the foregoing ordinance was read for the first time and passe~ its second read- ing on this the I ~f1,aay of ,.2OO1~1he following vote: --/11;; ~ Samuel L, Neal, Jr. Henry Garrett Brent Chesney Javier D, Colmenero Bill Kelly That the foregoing ordin 'd..~ the I day of Samuel L. Neal, Jr. Henry Garrett Brent Chesney Javier D, Colmenero Bill Kelly nce was read for the second time and passed finally on this tw..~ ,2002, by the following vote: ~ ?f! ~ it '~ ~ 1,;< day of ' Cd. ~' 2002. CITY OF CORPUS CHRISTI PASSED AND APPROVED on this the ATTEST: BY:~ Armando Chapa, Ci y Secretary Rex A Kinnison John Longoria Jesse Noyola Mark Scott Rex A. Kinnison John Longoria Jesse Noyola o!lJ;; Mark Scott APPROVED AS TO LEGAL FORM this / d'lli day of ~ ,2001, By: H '"LEG-DlRlelizabelhIELIZABETIEHordOl IOOIEHord. 121 "pd . 111 . ----------,., ~. 024762 II EXHIBIT I 'A Amendment No.1 to the Lease between the City of Corpus Christi and the Bayfest, Inc. Section 1, The Lease is amended to revise the clause entitled Payment to read as follows: Bayfest will pay City a one-time. $250 Special Event Permit fee. Bayfest will pay City 100% of City's Direct Costs associated with the event and its related activities with the exception of Police overtime costs, Bayfest agrees to pay city 75% of police overtime costs for the year 2000 and 4BG% 50% of Police overtime costs for every year thereafter. Each year, one month prior to the Event, a $2000 cash deposit must be paid to the City. If no costs are incurred or all City costs are paid, the deposit will be returned to Bayfest within 30 days after the event. Section 2. The Lease is amended to add a clause entitled Late Payment Fee to read as follows: Bavfest's failure to pay City's invoice within 30 days after submittal to Bayfest shall result in a late payment fee beinq assessed aqainst Bayfest. The late payment fee shall be calculated to be 5% of the amount due. as shown on City's invoice, and said fee will be added to the amount pavable to the City, Section 3. All terms and conditions of the Lease not changed herein remain the same, EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2001, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary David R. Garcia, City Manager, or his designee APPROVED AS TO LEGAL FORM on the day of ,2002, JAMES R, BRAY, JR" CITY ATTORNEY By: Elizabeth R. Hundley, Assistant City Attorney SA YFEST, INC, By: Name: Title: H:\LEG-DIRlelizabeth\ELlZABETlPARK & RECIBayfestAmendmt1 wpd 'lW n -.......--...--"1".-.----...... m , . \':\i\,"~l. :.C:,;.,;~'\'/::"" \ ~j~ \ \: '2.\\ PUBLISHER'S AFFIDAVIT \)'2. y'{ ?.S State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 4067529 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 20TH day(s) of M. No- 07v41~~ JANUARY. 2002, Corpus Chrfetl Ca1Iet>........SdndIr, JaIlulIry 20, 2OO2JF7 ~. NonCEOF~ It OF OROtNANCE ON (s) FIRST READING, Ordlnanco ol/IhortzIng I th~ CIty MllI\igetor his doelg~ to _ I Amendment No. 1 to I the lease between j Bay!est, Ine, and the I city of Corpus Cl>rioti. ' authorized on March 21, 2000, by Ordinance No. 0239n, to adiust th6 amount payable fot. police , services. and to add a~"' _ lata, payment r..., TllIs ~'~", ordmanco was p&S<<d Vfn'~ and approvad en flrst I - s/ , " read;n~ by the CIty r},:,< ,~'" '. COUnCil of the CIty of ~ r- g. ~ ~Qrpu. Christi on ~',~,~, ~; Januaty 15.1002. ' III AnMIldoa.,. "~~ ': i C . oj'\,: .....'l.' City",~~ta ....-: "'''.Ii . ...,"~.' .......,~IC~._.'" ~-"'.,:o-.. ..::-:- ,."". S' t1~ Credit Customer Service Manager Subscribed and sworn to me on the date of JANUARY 21. 2002. MfD:1a ~~ Jim~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. II II 1"1 r';',tt.;.:CL ~_< ,_. ~ ",'" ..:- '.: 1 ", o _C; \1\: l l_i', . PUBLISHER'S AFFIDAVIT 02 fEB 21 ~.':1 \0: 2 II State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 4096774 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 17TH day(s) of FEBRUARY, 2002. oV'ct. No. ();Z41~ ~ D8ICofpus Chrlsli CalIer-nn~. Sunday, February 17, 2002 ~"4 g ~~ NOTICE OF PAS5.lidI! . . .' - OF ORDINANCE NO, CredIt ustomer ServIce Manager 024162 Ordinance authorizing the City, Manager or his designee to execute \ Amendment No. 1 to the lease between Bayfast, lno. and the' CItY 01 COopus ChriBtl, authorized on Match 21, 2000. by ORlinanoe No, 023lI72. 10. adjuB1 tie _ payable for pottee 8ItVice8 and to adde late paym8nt fee, "OJ!s . on:linance was passed and approved on second ,reading by the City Councit of tho City 01 Corpus Christi on February 12, ~. I8IA_ChapIl Cily~ Oily of Corpua Chriatt Subscribed and sworn to me on the date of FEBRUARY 18, 2002. mo.ut ~~/U Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . . II 1"1