Loading...
HomeMy WebLinkAbout16103 ORD - 03/11/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE JUNIOR LEAGUE AND THE CAMP FIRE GIRLS FOR SITE IMPROVE- MENTS AROUND THE LICHTENSTEIN, SIDBURY AND GUGENHEIM HOUSES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO 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, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with the Junior League and the Camp Fire Girls for site improvements around the Lichtenstein, Sidbury and Gugenheim Houses, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract in order that site improvements may be commenced 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 that such emergency and necessity 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 f day of March, 1981. ATTEST: APPROVED: 1/ DAY OF MARCH, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci torney 1611)3 THE CITY OF CORPUS CHRISTI, TEXAS AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into among the City of Corpus Christi ("City"), Camp Fire Council, Corpus Christi Area, Inc. ("Camp Fire"), The Creative Arts Center, Inc. ("Arts Center"), and The Junior League of Corpus Christi, Inc, ("League"). WHEREAS, the parties desire to provide for Victorian landscaping around the Gugenheim House, the Lichtenstein House, and the Sidbury House, and WHEREAS, the League has commenced a fund-raising effort to produce revenues to pay for a substantial portion of such landscaping, NOW THEREFORE, 1. The City agrees to perform a portion of such landscaping by plant removal, -grading, installing an irrigation system, constructing sidewalks, and seeding grass for a cost not to exceed $60,000, substantially in accordance with plans and specifications as set forth in the Landscape Plan created by James David and as subsequently amended by agreement of the parties., The City further agrees to indemnify and hold League harmless for any claims arising as a result of the work which the City or its independent contractors perform or cause to be performed under this contract until completion of the City's improvements pur- suant to this paragraph: It is specifically agreed that the League will not be liable for any amount which the City may owe to any independent contractor for work done pursuant to this contract. 2. At no cost to the City, the League agrees to use its best efforts to generate funds up to but not exceeding $76,000, which funds will be used to provide ground cover, shrubs, trees, fences and lighting substantially in accor- dance with the plans and specifications of the Landscaping Plan created by James David and as subsequently amended by the parties. With the funds so raised the League will cause the above improvements to be installed; and such installation, whether performed by the League or by others, shall be considered as being per- formed by independent contractors of the City. The League further agrees to indemnify and hold the City harmless for any claims arising as a result of the work which the League or its independent contractors perform or cause to be performed under this contract until completion of the League's improvements fxa- pursuant to this paragraph. It is specifically agreed that the City will not be liable for any amount which the League may owe to any independent contrac- tor for work done pursuant to this contract. In the event the League is unable to fully perform its obligations in accordance with the above referenced Land- scaping Plan within two years after the completion of the City's portion of the contract, the City agrees that that which has been accomplished by the `League shall be sufficient for the purposes of satisfactory performance of the League's obligations hereunder, and the contract will be completed. 3. The Arts Center, Camp Fire, and the League agree that no substan- tial additions or alterations to the Landscaping Plan or substantial variances from such Plan during construction and landscaping, shall be made withoutthe written approval of the Park and Recreation Department. Camp Fire and the Arts Center agree that they will not unreasonably withhold their agreement or consent to changes otherwise agreed to by the League and the City. 4. The City agrees to maintain all improvements made, including costs of repair and renovation when required. 5. The. parties recognize that this Agreement does not pertain to the back portion of the lots upon which the above named houses are situated and that it will be necessary at a future time for the parties to reach a_mutually satis- factory agreement concerning the landscaping and utilization of such back portion. 6. This Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the -date of execution. WITNESS OUR HANDS, this day of 1981. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Mrs. Dan A. Ostos, treasurer Department Head THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. By Mrs. Herbert G. Morrison, Jr.,Pres. CAMP FIRE COUNCIL, CORPUS CHRISTI AREA, INC By THE CREATIVE ARTS CENTER, INC.' By 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 suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following Luther Jones Edward L. -Sample Dr. Jack Best Jack K, Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky vote: The above ordinance was passeby the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky 16103