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Home My WebLink About06923 ORD - 05/29/1963IMS:JKH:5 -29 -63 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT, LEAS- ING FROM THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT THE GROUNDS AT DAVID HIRSCH ELEMENTARY SCHOOL, BEING BLOCK 95, BEACH ADDITION, CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF ONE (1) YEAR BEGINNING JUNE 1, 1963, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT, LEASING FROM THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT THE GROUNDS AT DAVID HIRSCH ELEMENTARY SCHOOL, BEING BLOCK 95, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF ONE (1) YEAR, BEGINNING JUNE 1, 1963, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR PROVIDING PLAYGROUND SPACE, UNDER THE SUPERVISION AND CONTROL OF THE CITY PARK AND RECREATION DEPARTMENT AS PROMPTLY AS POSSIBLE, 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MAY, 1963. ATTE MA HE CITY OF CORPUS CHRISTI, TEXAS CITY SECR T Y APPROVED AS TO LEGAL FORM THIS 0 9 _DAY OF M9Y, 1963: CITY ATTORNEY 6923 T� 1 LEASE THE STATE OF TEXAS _ COUM OF NtTEM % The Corpus Christi independent School Distriat °(hereinafter called " Lessor") hereby leases to the City of.Corpus Christi, Texas -. (hereinafter called "Lessee ") the following described premises: The grounds (excluding the buildings) at David Hirsh Slementary School; 1907 North Water Street being clock 93, Beach Addition, Corpus Christi, Texas lhereaf4r al called "leaned premises ")j on the following terms and conditions: 1. The te�r+�m /ot this lease is one year, beginning iYt. 1963, and ending �/ - yy 1964,, unless eoond'r toted un- der the other provisionh. f t"hi`a— lease. Any holding over,at the end of ouch term shall not be considered a renewal of this lease, but shall con- stitute a tenancy at the will of Lessor. 2. The considerations for this lease are an Dual rental of one Dollar ($1.00) per year payable upon execution of thin lease and the parties' respective promises to each other. 3. Leases agrees teat it will uce the leased pziaes solely for activities connected With and incident to the conduct of a public playgroundj that Lessee ,will take good care of such premises, and will permit no unlawful, improper or offensive act, activity, or condition to exist on them{ that Lessee will keep the leased premises clean, free from debris and outward3y attractive] and that Lessee will return the leased premises to Lessor at the termination of this lease in substantially the same condition as at the beginning of the term of this leave. $. Lessor shall not be obligated to provide any utility services to the leased premises and all utilities desired by Lessee shall be procured by it directly from the seller of auch'services at the cost, risk and ex- pense of Lessee. Lessors shall not be responsible in any way for the con- dition adequacy, desi gn or state of r epair of any pipeis. , wires or other utility connections, Lessee will, at °its expense, provide and•furnish all maintenance services, liability insurance, if any, and otherwise hold harmless the Lessor against any damage, injury, loss or claim, of any nature whatsoever due to, connected with or, resulting from the opera4 tion and maintenance by lessee of such leased premises. # 5., Lessee shall, -prior to any use of the leased•premises,' board,up all of the windows of the•David Mrsch School Building. Upon. ••ate_. execution hereof,'Lesede shall be conclusively deemed to have accepted the leased premises as suitable for the purposes for which leased, to have waived any defects in them, and to-have agreed that Lessor shall not be liable to Lessee or its employees, patrons, visitors, or sub - contractors for any injury, damage, or loss arriving out of, or in connection with, the leased premises, and that Lessee has agreed and hereby agrees, to indemnify and hold Lessor harmless from any claim, �dss, damage or expense arising out of or in connection with this lease. 6. Lessor shall not be responsible to Lessee or its empl6yees, patron, visitors, or subcontractors for any injury or damage to nay person or property as a consequence of fire to.the improvements adjoining the leased premises, the elements, or any other cause whatsoever. 'Lessee will not use the leased premises, nor any part of them for any purpose or in any manner deemed extra hazardous on the account of fire to the adjoining buildings without the consent of Lessor , nor permit them to be so used. Lessee will comply with all insurance regulation and will not violate any provision or restriction of the fire insurance policies now held or hereafter taken out on the buildings adjoining the leased premises. 7. lessee shall not assign this lease nor subleaee-all or any part of the leased premises. lessort'shall be obligated to make no alterations 1. or improvements to the leased premises, and all alterations and improve- ments desired by Lessee shall be made at Lessee's expense' " -- Prior to making any additions, alterations or improvements to the leased premises, Lessee agrees to notify Lessor thereof and receive Le'ssor's written permis- sion therefor. -2- 8. Lessor's representatives shall have free sceess to the leased premises at all reasonable times in order to inspect such,Rremises. L- 9. Either party may cancel this lease by giving to the other party thirty (30) days prior written notice of such intention. Such notice May be given by delivering same in person or by postings in the U: S, Mil to the person at the address set forth below, or to such other person a ; and/or address as either party may from time to time designate in writing to the other, to vita To Lessors To Lessees Corpus Christi Independent School District City of Corpus Christi c/o Director of Business Affairs City Hali 515 North Carancahua Street Corpus Christi, Texas Corpus Christi, Texas 10. Lessee agrees to keep such leased "premises clean and agrees to comply with all ordinances, rules and regulations promulgated by city, county or state authority relating to their proper maintenance and opera= tion; and in the event Lessee violates or allows the violation of any such ordinance, rule or regulation, the Lessor, at its option; mey terminate this lease, effective immediately upon the giving of notice df such violation. s_ ' zZecu ED on , 1865, but effective as of the first day of the term of this contract4 r' CORPUS CHRISTI SCHOOL DISTRICT s" A� 77 _ Lessor 11TT s B. F4 Harrison, President Hoard of Trustees We. George 8 Haw , Secretary G CITY or CORPUS CHRISTI Lessee By. ATPESTt HERBERT W. WHITNEY, CITY MANAGER, f - CITY SECRETARY i = -• APPROVED AS TO LEGAL FORM THIS DAY OF , 1963:' CITY ATTORNEY I' DIRECTOR OF FINANCE - CORPUS CHRISTIa TEXAS Iq DAY OF 4 a 194 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTIa TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, tTHECITY &OFCORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROSE RTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.