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HomeMy WebLinkAbout13155 ORD - 04/28/19760 JEH:vmr:4- 27- 76;1at a TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERON AGREEMENT WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT CONCERNING THE CONSTRUCTION AND MAINTENANCE OF A FOUR - COURT TENNIS BATTERY, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL 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 to execute a cooperation agreement with the West Oso Independent School District concerning construction and maintenance of a four -court tennis battery, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid agreement in order to provide additional recreational facilities at the earliest practicable date 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY �j � SO ORDAINED, this the oC day of April, 1976. ATTEST: A ! City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APP OED: DAY OF APRIL, 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney X31-55 • • AGREEMENT THE STATE OF TEXAS X COUNTY OF NOECES X This agreement entered into by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City ", and the West Oso Independent School District, hereinafter called "School District ", for the purposes and consideration set forth hereinafter: A. Construction 1. City shall prepare plans and specifications for a battery of four tennis courts, including all lighting, surface and underground drainage, on property owned by School District at Bear Lane and Flato Road, within the city limits of the City of Corpus Christi, Nueces County, Texas. The construction plans prepared by City, and approved by School District, shall be given Drawing Number Pbg. 367, and shall be kept on permanent file in the office of the Director of Engineering and physical Development, City of Corpus Christi, Texas. 2. City shall advertise and receive bids for construction of the aforesaid tennis courts and upon satisfactory review of all bids, City and School District shall proceed with the award of contract. 3. City and School District agree to participate in all costs and after bids are received and accepted, School District shall deposit with City the sum of Twenty Thousand Dollars ($20,000). 4. School District agrees to allow City, its officers, agents, employees and /or legal representatives free ingress and regress in, along and upon said School District property as required during construction of the aforesaid tennis courts. B. Maintenance. Upon completion and acceptance of the project, City and School District agree as follows: 1. School District shall maintain the tennis court system, including fencing, fence posts, court surface, etc., from damage due to ordinary wear and tear, vandalism, and accidents. City shall provide all maintenance to light fixtures and related electrical components due to damage caused by ordinary wear and tear, vandalism and /or accidents. 2. The tennis court battery shall be available for School District use during normal school hours, during which time School District shall schedule, use and operate the tennis court facility in connection with School District's athletic program, with no use by City, the general public, or other parties except as authorized by School District. 3. School District shall make accessible and available the tennis courts to City and the general public after normal school hours on weekdays and at all times on weekends and holidays. 4. City shall pay for all electricity used in connection with operation and maintenance of the said tennis court system. 5. No fees shall be charged for the use of the said tennis courts without prior approval by City and School District. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1976. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF APRIL, 1976: J. BRUCE AYCOCK, CITY ATTORNEY BY. /3 Assistant City Attorney Director of Finance By R. Marvin Townsend, City Manager ATTEST: WEST OSO INDEPENDENT SCHOOL DISTRICT 0 0 CORPUS CHRISTI TEXAS g&g__LDAY OF 4 19 / L' TO THE PEMERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSEO FINALLY ON THE DATE IT 13 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 4-- THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY Zaltll DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUSY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE