Loading...
HomeMy WebLinkAbout12136 ORD - 06/19/19740 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT USE AGREEMENT WITH THE HIALCO NEIGHBORHOOD COUNCIL, INC. FOR USE OF THE BOOKER T. WASHINGTON ELEMENTARY SCHOOL, 1114 SAM RANKIN STREET AS A MULTI - PURPOSE NEIGHBORHOOD CENTER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED 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, SECTION 1. That the City Manager be and he is hereby authorized to enter into a joint use agreement with HIALCO Neighborhood Council, Inc. for use of the Booker T. Washington Elementary School, at 1114 Sam Rankin Street, as a multi- purpose neighborhood center, all as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to immediately enter into the aforesaid agreement 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, and 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 fall force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the Xay of June, 1974. ATTEST: City Secretary k MAYO THE CITY OF CORPUS CHRISTI, TERAS APPROVED: /-I DAY OF JUNE, 1974: Llkv City Attorney 1`1136) 0 JRR:vp:6 /18 /74:lst JOINT USE AGREEMENT THE STATE OF TEXAS 4 COUNTY OF NUECES D • This contract by and between the City of Corpus Christi, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter referred to as "City" and the HIALCO NEIGHBORHOOD COUNCIL, INC., a private non - profit corporation, chartered under the laws of the State of Texas, hereinafter referred to as "HIALCO ". WITNESSETH: WHEREAS, City has leased the building known as the Booker T. Washington Elementary School from the Corpus Christi Independent School District in order to establish a multi- purpose center; and WHEREAS, City is utilizing a part of said School as a senior citizen facility as part of the multi- purpose center; and WHERir_S, HIALCO is now and desires to carry out a program of community and neighborhood services; and WHEREAS, City and HIALCO desire to set forth a method of joint opera- tion of said neighborhood center for the mutual advantage of both parties. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that HIALCO and City do enter into the following agreement: I HIALCO will have the authority both to select the agency or community service and to recommend the allocation and amount of floor space to such agency or service in the Booker T. Washington Elementary School except for that part of the building reserved by the City for the senior citizens facility. In the event of disagreement between HIALCO, the representative of the City, or an agency or community service regarding its selection or the amount of space allocated thereto, then the City Council of Corpus Christi shall arbitrate such dispute and have the right of final decision. Any agreement with such agency shall be in writing and approved by both the HIALCO and the City rep- resentative. II HIALCO will actively solicit and work with community agencies to provide a variety of community services to the neighborhood. III City shall assume the responsibility for payment of utilities, property and liability insurance and maintenance. IV HIALCO shall hold City harmless against any damage incurred from loss or claim whatsoever by HIALCO due to or in connection with or resulting from existence of this agreement. V HIALCO and City shall designate a responsible officer or employee to carry out its responsibilities under this agreement. VI City and HIALCO shall Allow various public and non- profit organiza- tions to utilize space in the building for non - profit activities open to all without discrimination. Such use shall be by individual permit or use agree- ment which shell set forth the obligations of the tenant. Such obligations shall be those determined to be necessary for public health and safety and for the proper management of the facility in the opinion of the designated HIALCO and City representative and as indicated by their signature on such use agreement. VII Initially, the representative of City shall be its Director of Planning and Urban Development or his subordinate, designated in writing by the Director. The representative of HIALCO shell be the Coordinator of HIALCO Neighborhood Council. VIII HIALCO agrees to take good care of the assigned premises, permit no unlawful conduct or offensive acts or activities intentionally to exist therein or thereon, and try to keep said premises clean and free from debris. IX Any major modifications to the building or grounds by any party shall be subject to approval by City. X Nothing contained in this agreement shall obligate either party to expend money or otherwise incur liabilities not specifically set forth herein. -2- xi Either party hereto may cancel this agreement by giving the other party thirty (30) days written notice. IN WITNESS WHEREOF, the said parties have herewith set their hand in duplicate, binding the respective parties this the day of June, 1974. xi CITY OF CORPUS CHRISTI ATTEST: BY R. Marvin Townsend, City Manager City Secretary APPROVED: HIALCO NEIGHBORHOOD COUNCIL, INC. day of June, 1974: City Attorney BY. • • Corpus Christi, Texas day 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. 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 Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark 1 Gvp