The URL can be used to link to this page

Home My WebLink About11430 ORD - 04/04/1973JRR:.IKH :3- 27 -73; 1sT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LITTLE THEATER OF CORPUS CHRISTI, INC., FOR THE CONSTRUCTION OF A NEW AND EXPANDED FACILITY FOR THE PRESENTATION OF LITTLE THEATER PRODUCTIONS AND FOR OTHER USES BY THE PUBLIC, SAID STRUCTURE TO BE LOCATED IN THE BAYFRONT SCIENCE PARK, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A 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 AND HE IS HEREBY AUTHORIZED TO ENTER INTO A CONTRACT WITH LITTLE THEATER OF CORPUS CHRISTI, INC., FOR THE CONSTRUCTION OF A NEW AND EXPANDED FACILITY FOR THE PRESENTATION OF LITTLE THEATER PRODUCTIONS AND FOR OTHER USES BY THE PUBLIC, SAID STRUCTURE TO BE LOCATED IN THE BAYFRONT SCIENCE PARK, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION 2. THE NECESSITY TO REDUCE TO WRITING THE UNDERSTANDING AND AGREEMENT BETWEEN THE CITY AND LITTLE THEATER OF CORPUS CHRISTI, INC., CONCERNING THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE FACILITY PROPOSED TO BE CONSTRUCTED BY THE SAID LITTLE THEATER. IN THE BAYFRONT SCIENCE PARK 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 BUT 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 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�CAY OF MARCH, 1973• '/ ■ � - ATTESP'a I / , R �CITY SECRET APPROVFD: r ` ) j C IT AT 6tNE iC Cx �v . JL14 30 2nd THE STATE OF TEXAS X COUNTY OF NUECES X W11ERF.AS, the Little Theater of Corpus Christi, Inc., hereinafter called "Little Theater ", has been and is operating a Little Theater on South Alameda for the cultural and educational benefit of the citizens of Corpus Christi, Texas; and WF.EREAS, these facilities have been found to be inadequate due to the ever expanding demands of the community for the services provided at the Little Theater; and' WHEREAS, the Little Theater has raised, through private dona- tions, approximately $500,000 to build a new and expanded facility to meet such rising demands and desires to locate such - facility in the Bayfront Science Park; and 'WHEREAS, part of the land (or the cost thereof) upon which the proposed Little Theater is to be built was donated to the City by a private, charitable and educational foundation for the development of a park known as the Bayfront Science Park, which Park would contain sites for the erection of such facilities for the enjoyment and benefit of the general public; and WHEREAS, the City desires to make such site available to the Little Theater for the construction of an approximately 500 -seat capacity theater available to the public when not being used by the Little Theater; and 6MEREAS, the Little Theater will donate such theater to the City of Corpus Christi after completion of construction; and WHEREAS, it is desirable prior to the ccmmencement of construe- t-ion to establish terms and conditions regarding the construction project management as well as the operation and maintenance of the new theater after completion: NOW, THEREFORE, for and in consideration of the mutual agreements and promises herein, the parties hereto do mutually agree and covenant as follows: �, Xy -A i • I The Little Theater desires the right to erect and construct an auditorium or theater of approximately 500 -seat capacity on the site in the Bayfront Science Park as set forth on the attached plat and the City is willing that such project be undertaken under the following terms and conditions: A. The plans for the Little Theater and any changes thereto must be approved by the City Council prior to the construction of such building. B. The Little Theater shall have full responsibility for prepara- tion of the plans, advertising for bids, supervision of building construc- tion and acceptance of the building when completed. C. The cost of construction shall be borne entirely by the Little Theater. It is understood that the City does not assume and will not in any way be responsible for any of the financial obligations incurred or created by the Little Theater in connection with the construction and erection of the auditorium or theater. Little Theater agrees to save and hold the City harmless from any and all charges, claims or liability of any nature whatsoever resulting from injury or damage occurring under Paragraph B or Paragraph C of this agreement. D. Upon completion of the construction and upon the Little Theater's acceptance of the building from the contractor, the Little Theater agrees and hereby binds itself to donate such building to the City in the interest of providing a significant educational and cultural. facility for the citizens and visitors of Corpus Christi and the City agrees in accepting such donation that the building will thereafter be utilized for the above said purposes. E. In the event the parties mutually agree on a more desirable site within 12 months the substitute site may replace the site or the attached plat. II To assure that the Little Theater be utilized and operated in such manner as to best serve the public benefit, it is desirable in the public interest to establish terms and conditions regarding the management operation and maintenance of'the new theater. To that end it is agreed that upon completion of the building and approval of compliance with • 0 plans and specifications, the City will accept conveyance of the building and enter into a lease with Little Theater. Said lease shall contain at least the following provisions in substance, and any others found necessary: 1. Term of the lease cannot exceed five (5) years. 2. Little Theater agrees to provide all building maintenance and the City agrees to provide all ground maintenance. 3. Little Theater agrees to permit the use of the Theater by the City and public groups on a reasonable time basis. Little Theater may charge the City out of pocket expenses for use of the building and a reasonable rate schedule for civic groups approved by the City. The Building will be readily available for such other public use as contem- plated herein, but Little Theater will have a priority on scheduling for its productions and rehearsals. 4. Little Theater agrees to indemnify and hold harmless the City from any and all claims, charges, or any liability whatsoever from any injury or damages at, in or about the building, including but not limited to premises defects. 5. Little Theater agrees to carry reasonable amounts of liability, property and casualty insurance approved by the City. III It- is mutually agreed by both parties hereto that either party may rescind this agreement for good and sufficient reasons by giving the other party ninety (90) days notice in writing of such cancellation. WHEREFORE, witness our hands binding the respective parties this the day of , 1973. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF 1973: City Attorney ATTEST: LITTLE THEATER OF CORPUS CHRISTI, INC. By � � ice-- � - - - - -- J,4,N Ho PLAN 5,HOWING LJ L I Tr T flC-4%TlZ- Lo r_,4T CORPUS CHRISTI, TEXAS OAY 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 SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. - PESPECTFU LY, d Q MAYOR THE CITY OF CO S HRISTI,. TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE? - - BONNIE S12EMORE - CHARLES A. BONNIWELL _ .. ROBERTO BOSQUEZ, M.D. � REV. HAROLD T. BRANCH THOMAS V. GONZALES . GABE LOZANO, SR. . - J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BQSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. J. HOWARD STARK Qyy