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Home My WebLink About04472 ORD - 02/29/1956AC:2 /22/56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH BUCCANEER DAYS COMMISSION WHEREBY THE CITY AGREES TO LEASE TO SAID BUCCANEER DAYS COMMISSION THE EAST PORTION OF SHORELINE 30ULEVARD BETWEEN PARK AVENUE AND IKINNEY AVENUE, AND A PORTION OF THE CITY HALL PARKING LOT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF Id[-I I Ci IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN E1,4ERGENCY. BE IT ORDAINED 3Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANA GER BE, AND HE 15 HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITlbF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH BUCCANEEC JAYS COMMISSION WHEREBY THE CITY AGREES TO LEASE TO SAID BUCCANEER DAYS COMMISSION THE EAST PORTION OF SHORELINE BOULEVA91D BETWEEN PARK AVENUE AND KINNEY AVENUE, AND A PORTION OF THE CITY HALL PARKING LOT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE LEASE AGREEMENT DES- CRIBED IN SECTION 1 HEREOF 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, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS//[[ / /PJJ / /�^�$II�'SAGE, IT 13 ACCORDINGLY PASSED AND APPROVED, THIS THE Y 7F , 1956. MAYOR ATTES THE CITY OF CORPUS CHRISTI, TEXAS CITY SECR TA APPROVED AS TO LEGAL FC,/ FE3 ARY,'?, 1956 - CITY ATTORkEY of -qq-� -L LEASE AGREEMENT STATE Or TEXAS p COUNTY Of NUEGES Q THIS AGREEMENT BETWEEN THE CITY DF CORPUS CHRISTI, LESSOR, AND THE BUCCANEER DAYS LOMNIss IOM. LESSEE, WITNESSETH: THAT LEssDi[ HEREBY LETS AND LEASES TO TNa BUCCANEER DAYS CONAIIS510N FOR THE PURPOSE OF HOLDING A CARNIVAL AND RELATED ACTIVITIES IN CONNECTION WITH THE BUCCANEER BAYS CELEBRATION. THE LAST PORTION OF SHORELINE BOULE- VARD LYING BETWEEN PARK AVENUE AND KINNEY AYEHUE, AND THAT PORTION OF THE CITY OWNED PARKING LOT BETWEEN THE EXPOSITION HALL AND THE CITV HALL SOUTH Of A LINE APPROXIMATELY 120 FEET SOUTH OF AND PARALLEL WITH THE CURB LINE IMMEDIATELY SOUTH OF THE UTILITIES SOIL Dl HG. WITHOUT CHARGE TO THE BUCCANEER DAYS COMMISSION. BUT SUBJECT TO THE TERNS AND UPON PERFORMANCE OF THE CONDI- TIONS HEREINAFTER PROVIDED: 1. THE TERM OF LEASE FOR THE PREMISES HEREIN DESCRIBED SHALL BE APRIL 21sT TO APRIL 29TH. 80711 DATES INCLUSIVE. 2. LESSEE SHALL BE EKTITLED TO BLOCK OFF THE EAST PORTION OF SHORELINE BOULEVARD AT A POINT ON THE SOW H LINE OF KINNEY AVENUE AND AT A POINT OK THE NORTH LINE OF PARK AVENUE DURING THE TERN OF THIS LEASE. 3. THE CARNIVAL AND RELATED FEATURES HAY BE LOCATED PARTIALLY ON EAST SHORELINE BOULEVARD BETWEEN PARK AVENUE AND KINNEY AVENUE AND PARTIALLY ON THAT PORTION OF THE PARKING LOT BETWEEN THE EXPOSITION HALL AND THE CITY HALL HEREIN LEASED TO LESSEE. IN TN18 CONNECTION, LESSEE AGREES THAT MORE OF THE A6ERTs, EMPLOYEES OR PERSONS ASSOCIATED WITH EITHER THE CARNIVAL OR THE BUCCANEER DAYS COMMISSION SHALL PARK ANY MOTOR VENICLES IN OR UPON THAT PORTION OF THE PARKING LOT GETWEEN THE EXPOSITION HALL AND THE CITY HALL LYING NORTH OF A LINE APPROXIMATELY 120 FEET SOUTH OF AND RUNNING PARALLEL WITH THE CURB LINE SOUTH OF THE UTILITIES BUILDING. BUT SAME SHALL BE RESERVED FOR THE PARKINS OF CITY EMPLOYEE'S VEHICLES. 4. LEsm, SHALL GE ALLOWED TO SELL THE NOVELTY PRIVILEGE CITY -WIDE DURING THE BUCCANEER DAYS GRIEBRATION. 5. LESSEE SHALL ON OR BEFORE APRIL 15. 1956. FILE WITH W. P. MITT, DIRECTOR OF PARKS AND RECNEATIONM A CASH BOND IN THE AMOUNT OF TWO THpUSANO ($2.000.00) DOLLARS OR A SURETY BOND EXECUTED BY A CORPORATE SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS- SUCH BOND SHALL BE CONDITIONED UPON THE PAYMENT BY LESSEE OF ANY AND ALL PROPERTY DAMAGE WHICH MAY BE DONE TO THE PROPERTIES OF THE CITY OF CORPUS CHRISTI At A RESULT OF THE SUCCANEER DAYS CELE- BRATION. LESSOR AND LESSEE HEREBY AGREE THAT ANY DISPUTES OR DIFFERENCES WHICH MAY ARISE. BETWEEN THEM WITH RESPECT TO TOE AMOUNT OF THE DAMAGE, IF ANY SHOULD OCCUR TO THE PROPERTY OF THE CITY OCCASIONED AS A RESULT OF INC BUCCANEER DAYS ULESRA- TIOM SHALL BE SUBMITTED FOR DETERMINATION TO A BOARD OF ARBI- TRATION COMPOSER OF THREE ARBITRATORS, ORE OF SUCH ARBITRATORS TO SE CHOSEN BY LESSOR. ONE TO BE CNDSEN BY LESSEE AND THE REMAINING ARBITRATOR TO BE SELECTED BY THE ARBITRATORS THUS CHOSEN. COSTS OF THE REFERENCE SHALL BE NORMS EQUALLY BY THE PARTIES HERETO, AND UPON A HEARING THE AWARD OF THE ARBITRATORS, OR ANY TWO OF THEM. SMALL BE FINAL AND BINDING UPON LESSOR AMD LESSEE. 6. LESSEE AGREES TO FILE WITH INC CITY SECRETARY ON OR BEFORE APRIL 15, 1956. A POLICY OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ISSUED BY A CASUALTY INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS* ASSUR- IMO THE PAYMENT OF AMY CLAIMS TO AND INDEMNIFYING THE CITY AGAINST ANY CLAIM BY ANY PERSON* FIRM ON CORPORATION WHICH MAY ARISE AS A RESULT OF THE BUCCANEER DAYS CELEBRATION, WITH LIMITS OF $10.000.00 LIABILITY TO ANY ONE PERSON AND 520.000.00 LIABILITY FOR ANY ONE ACCIDENT. 7. LESSEE AGREES THAT IN ARRANGING THE ATTRACTIONS UPON THE PROPERTY MERLIN LEASED, IT SMALL MAINTAIN SUCH FIRE LANES AS MAY BE DESIGNATED BY INC FIRE CHIEF DF THE CITY OF CORPUS CHRISTI. 8. LESSEE AGREES TO OBTAIN SUCH PERMITS FROM THE HEALTH DEPART- MENT. FIRE MARSHAL AND OTHER REGULATORY BODIES OF THE CITY AS MAY BE NECESSARY TO CONDUCT THE BUCCANEER DAYS CELEBRATION. IN- CLUDING THE SPECIAL COUNCIL PERMIT PROVIDED IB ARTICLE XX OF THE ZONING 0RBINARCE. ORDINANCE NO. 2266. 9. LESSOR AGREES THAT LESSEE SHALL BE ALLOWED TO RCMT THE COLISEUM AND EXPOSITION HALL UNDER THE CLASS 3 RATE -2- WNICN IS THE NOB- CONMERCIAL. NON - PROFIT RATE. THE COMMISSION IS NOT TO BE CHARGED RENTAL ON DAYS EITHER BUILDING IS USED BY THE C[TY SUCH AS THE "SUNDAY BY THE SEA" PROGRAM IN THE COLISEUM AND THE FRIDAY MIGHT HI -.JIVE DANCES IN LXP061TION HALL. TENTATIVE 60OXINGS AND RATES ARE AS FOLLOWS: LXPOSITION }FALL' B DAYS c $67.50 PER DAY 525.00 COL 1 56UN' 14ONDAY AFTERNOON AMC EVENING 2225.00 TUESDAY AFTERNOON AND EVENING 225.00 WEDNESDAY EVENING ONLY 250.00 TNUREDAY EVENING ONLY 150.00 FRIDAY, ALL DAY 262.50 SATURDAY. ALL DAY 262.50 TOTAL COLISEUM $1,272.00 TOTAL RENTAL BOTH BUILDINGS $16d 00.00 WITNESS OUR HANDS. THIS THE DAY OF FEBRUARY, 1956. THE CITY OF CARPUS CHRISTI, TEXAS BY CITY MANAGER ATTESTI CITY SECRETARY APPROVED AS TO LEGAL FORM FEBRUARY , 19561 CITY ATTORNEY BUCCANEER DAYS COMMISSION By ATTESTt SECRETARY Corpus-,Christi, Texas T0. TIE, i"BERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, �*n- - ,i'—f -4.t THE CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Farrell D. Smith r c' Minor Cullic W. J. Roberts B. E. Bigler Manuel P. Maldonado C The above ordinance was passed by the following vote: Farrell D. Smith Minor Culli. W, J. Roberts j B, E. Bigler Manuel P. Maldonado s, �fy�Z