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Home My WebLink About11758 ORD - 10/24/1973• 7RR:HS:jkh:10- 23 -73; lst • AN ORDINANCE • AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE GULF COAST BOTANICAL AND ZOOLOGICAL SOCIETY FOR THE PURPOSE OF PROVIDING A DOLPHIN SHOW ON A SITE IN THE BAYFRONT SCIENCE PARK UNDER THE TERMS AND CONDITIONS SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A °, AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby, authorized and directed to enter into a Lease Agreement with the Gulf Coast Botanical and Zoological Society for the purpose of providing a Dolphin Show on a site in the Bayfront Science Park under the terms and conditions set forth in the Lease Agreement, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize the execution of the afore- said Lease Agreement in order to provide the citizens of Corpus Christi and the area with additional educational and entertainment facilities creates a public emergency and an imperative public necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolu- tion 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 oZ X day of , 1.973. ATTEST: City secretaiV MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APP D: D Y OCTOBER, 1973: � e,6L0� -d- 4 58 LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF NQECES X WHEREAS, the Gulf Coast Botanical and Zoological Society, a Texas nonprofit corporation, hereinafter called Society, desires to lease from the City of Corpus Christi, a plot of ground for the purpose of providing a Dolphin Showy and WHEREAS, the Society is interested in providing an aquarium and botanical garden for visitors and citizens of Corpus Christi and a temporary pool for the Dolphin Show in the first phase of such long -range plans; and WHEREAS, the City Council of the City of Corpus Christi has determined that the proposed Dolphin Show and the possibility of a future aquarium and botanical garden is in the public interest and will provide valuable education and entertainment to the citizens of the City: NOW, THEREFORE, for and in consideration of the payments, covenants and agreements herein do the Society and the City of Corpus Christi, a home rule city and body politic under the laws of the State of Texas, agree, covenant and contract as follows: I The Society desires the right to dig and erect a dolphin pool, fence, and related buildings on a site in the Bayfront Science Park as set forth on the attached survey plat and the City is willing that the project be undertaken under the following terms and conditions: A. The plans for the dolphin pool, fence and related buildings and any changes thereto must be approved by the City prior to construction. B. The Society shall have the full responsibility for the preparation of the plans, supervision of the pool, and the construction of all facilities, including utility buildings and fence construction and acceptance of tbecomplex when completed. This lease is subject to cancellation by the City for any violation of State law, City ordinance or valid rule or regulation and upon written notice of cancellation Society shall have sixty (60) days to return the land to its original condition or leave as specified in the landscaping design. C. The cost of construction shall be borne entirely by the Society. It is understood that the City does not assume and will not in ,-Xis .W any way be responsible for any of the financial obligations incurred or created by the Society in connection with the construction and preparation of the pool area of the administration or operation of the facility. The Society agrees to save and liold the City harmless from any and all charges, claims or liability of any nature whatsoever resulting from injury or damage occurring under the construction or ongoing operation of said Dolphin Show. D. The area of land inthe lease will be an area of approximately 15,000 square feet in the Bayfront Science Park, as shown on the attached survey plat and more specifically described as follows: Being a rectangular shaped tract of land out of Water Block 94, Beach Portion, Corpus Christi, Texas, and being a portion of Lots 10 2, 30 10, 11, and 12, said Water Block, and being more particularly described by metes and bounds as follows: Beginning at a point in the South line of said block, the North right of way line of 60 -foot wide Hirsch Street, said point being S. 79° 23' W., 100.0 feet from the Southeast corner of said Block 94, for the Southeast and beginning corner of the tract herein described; Thence S. 79° 23' W. with the South line of said block, the North right of way line of said street, a distance of 100.0 feet to a point for the Southwest corner of the tract herein described; Thence N. 10° 37' W. with a line that is 100 feet East of and parallel to the West line of said block, a distance of 150.0 feet to a point in the North line of said Lot 10, for the Northwest corner of the tract herein described; Thence N. 79° 23' E. with the North line of said Lot 10, at 50 feet past its Northeast corner thereof, the North- west corner of said Lot 3, and continuing on same course with the North line of said Lot 3, in all a distance of 100.0 feet to a point for the Northwest corner of the tract herein described; Thence S. 100 37' E. with a line that is 100 feet west of and parallel to the East line of said block, a distance of 150.0 feet to the point of beginning. Containing 15,000 square feet of land, more or less. E. The term of this lease shall be for a period of 364 days from the date of execution hereof and shall be renewable on the agreement of both parties in writing thirty (30) days before the expiration of the lease. F. The Society shall pay a consideration of One Dollar ($1.00) to the City for the first term and a like amount for each renewal. -2- G. The complex will include a pool approximately 37 feet in diameter, a small building for gift shop and office, a utility building for pumps and freezer for fish food. The area will be surrounded by a 6 —foot wooden fence. Landscaping will be provided in keeping with the beauty of the setting. H. On termination of the contract it is agreed that the Society will return the land to its original condition, or leave as specified in the landscaping design. I. Society agrees that all income accruing to it that results from the operation of this lease shall be used for the purposes of the nonprofit corporation and shall not inure to the benefit of any individual member of the corporation. J. Both parties hereto mutually agree that the facilities subject to the terms of this lease shall be available to all citizens regardless of race, color, creed, national origin or sex under the same terms and conditions as available to all other citizens. R. City agrees that the vacant adjacent land may be utilized for parking along with such use for other facilities, but parking authorized hereunder may be prohibited by the City at any time. L. Rest rooms will not be required, but trill be available in adjacent public buildings during reasonable hours as determined by the City. WHEREFORE, witness our hands binding the respective parties, this thej^day of , 1973. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager AP OVER: Z DAY 0 1973: City At or y GULF COAST BOTANICAL AND ZOOLOGICAL SOCIETY �TT ST: Secretary 0 Corpus Christi, Texas day of_ t'1&6: %-J , 1973 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales 6L.a I J Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark 4L_1 I cr OL Q P-OF:;,' C1,01 -PE41 "r-Y;RBOF-Z 1 `� C npT ((-u,5F-u(r-) eOUT�-A TEM35 - oj:�J�� --l. Mm p U- CONC �L(- 0ePl-4(--Y- T ;TE TO E5F- CITY OF CORPUS CMRISTI, PLATE 3 AC SHEET --L— OF----!— SHEETS CITY OF CORPUS 'CHRIST] ENGINEERING TEXAS SERVICES PROPOSED LOCATION vR FOR DOLPHIN ARENA D N APPROVED SCALI!� / :5 HORIZONTAL =,0 DW - - - - - - - - - - - - - - - - - VERTICAL TR CHIEF ENGINEER DRAWING NO. kri DATE PBG. 326 ,t