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Home My WebLink About11659 ORD - 08/22/1973JRR:e:8 /22/73 • 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH KENNETH G. BAILEY FOR THE USE OF A TWO -WAY BROADCASTING TOWER LOCATED ON LOTS 11 AND 12, BLOCK 1, GABRIEL TERRACE (826 SOUTH PADRE ISLAND DRIVE), IN ACCORDANCE WITH THE TERMS OF SAID LEASE AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; 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 Lease Agreement with Kenneth G. Bailey for the use of a two -way broadcasting tower located on Lots 11 and 12, Block 1, Gabriel Terrace, which street address is 826 South Padre Island Drive, in the City of Corpus Christi, at a monthly rental rate of $90.00, in accordance with the terms of said lease agreement, a copy of which, marked Exhibit "A ", is attached hereto and made a part hereof for all pertinent purposes. SECTION 2. The necessity to authorize the execution of the aforesaid Lease Agreement at the earliest possible date in order to insure continuous radio communication creates a public emergency and 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 affect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of August, 1973. ATTEST: � City Secr tar APPROVED: 22ND DAY ,OF Q'gGUST, 1973: City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 11659 OJRR:MLM:hb: 8 -22 -73 • L E A S E A G R E E M E N T THE STATE OF TEXAS ) County of Nueces ) THIS AGREEMENT OF LEASE made and entered into this 6 day of June, 1973, by and between Kenneth G. Bailey, herein - after called LESSOR, and City of Corpus Christi, Texas, a munic- ipal corporation and body politic duly organized and existing under the laws of the State of Texas, hereinafter called LESSEE. W I T N E S S E T H: That the said LESSOR does by these presents and do hereby grant and lease unto said LESSEE, the privilege of using a certain two -way broadcasting tower including the right to place LESSEE'S equipment house used in connection with said tower adjacent to the tower, as well as the right to ingress and egress in and upon the premises for the purpose of operating, repairing, inspecting and placing such transmitter and antenna, such tower being situated upon the premises of Lots Eleven (11) and Twelve (12) Block One (1) Gabriel Terrace, as recorded in Volume 26, Page 89 of the Map Records of Nueces County, Texas, also known as 826 So Padre Is. Dr., Corpus Christi, Texas under the conditions and covenants following: 1. LESSEE agrees to pay LESSOR rental for the use of the aforesaid broadcasting tower and facilities, which consists of space for housing and antenna space on tower, at a rate of ninety and no /100 ($90.00) per month, all payments to be made at 4926 Olympia, Corpus Christi, Texas 78413 upon receipt of proper billing. The monthly rental payment is to begin on the date LESSEE'S antenna has been installed, said date being April 1, 1973, and the LESSEE will pay said rental each month so long as this LEASE AGREEMENT remains in force and effect, if the lease term commences on any day other than the first day of the calendar aX,YIBIT 54" i • month, a pro rata fraction of a full month's rental shall be paid on the first day of said lease term and a corresponding pro rata fraction shall be paid for the partial month at the end of said lease term. 2. The LESSOR may grant a lease to any other party if such grant complies with all applicable rules and regulations of the Federal Communications Commission and in no way affects or interferes with any radio equipment previously installed. LESSOR agrees that it will not assign space on said tower to any subsequent LESSEE having the same operating frequency of the LESSEE herein. 3. LESSEE shall pay LESSOR the monthly rental the first of each month or within ten (10) days after the billing is received for the particular month. 4. LESSEE agrees to furnish all power necessary for the operation of LESSEE'S equipment. LESSOR agrees to maintain and service said transmitting tower and replace same within a reasonable length of time in the event of destruction, but shall, in no event, be liable to the LESSEE for any loss or damage sustained to its transmitting antenna or transmitter or any other equipment that may be on the property or connected to the tower belonging to the LESSEE if damage is incurred, unless such loss or damage is due to negligence of LESSOR or its employees. LESSEE agrees to hold harmless LESSOR from all claims arising from injury or property damage sustained by agents or employees of LESSEE while engaged in the servicing, repairing or maintenance of LESSEE'S property on the premises described herein. LESSOR will not be responsible for any damage of equipment or material other than that which is owned by the LESSOR, during the time repairs and replacements are being made by the LESSOR, but the LESSOR will use extreme caution in making re- pairs and replacements. -2- u • 5. The term of this lease shall begin on the date the LESSEE'S antenna is installed, said date being April 1, 1973, and shall continue for a period of three (3) years and LESSEE shall have the option of renewing for an additional three (3) years under the same terms and conditions as stated herein by giving written notice to the LESSOR at least ninety (90) days prior to the expiration of this lease. 6. LESSEE and its employees shall have the unrestrict- ed right to enter or leave the tower site at all reasonable times. LESSEE may license others to use its equipment at the tower site, and may make minor alterations to it and shall notify LESSOR of such licensure. All equipment or other property, attached to or otherwise brought onto the leased site shall at all times remain the personal property of LESSEE. 7. Upon termination or expiration of this lease, LESSEE will surrender the site to LESSOR in good condition except (a) for reasonable wear and tear, or (b) for damages due to causes beyond LESSEE'S control or without its fault or negligence, or (c) for both. 8. Any notice or demand required or permitted to be given or made hereunder shall be sufficiently given or made by certified mail in a sealed envelope, postage prepaid, addressed in the case of LESSEE to City of Corpus Christi, Post Office Box 9277, Corpus Christi, Texas and addressed in the case of the LESSOR to Kenneth G. Bailey, 4926 Olympia, Corpus Christi, Texas 78413. Any such notice or demand shall be deemed to have been given or made at the time it is deposited in the United States Post Office. LESSOR or the LESSEE may from time to time designate any other address for this purpose by written notice to the other party. -3- r • 9. No revision of this contract shall be valid unless made in writing and signed by an officer of LESSEE and an authorized agent of LESSOR. Dated this the-,g;,.J _day of19 7.5 . ATTEST: LESSEE: City of Corpus Christi BY: T. Ray Kring, City Secretary R. Marvin Townsend, City Manager APPROVED: LESSOR: Kenneth G. Bgley day of , 1973 BY: City Attorney Corpus Christi, Texas -Z2-A,4_day of , 19,ZA 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 CHR TI, TERAS 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