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Home My WebLink About18582 ORD - 12/04/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT 71I511 THE HIALCO-01C, INC. FOR THE SUBLEASE OF SPACE AT THE BOOKER T WASHINGTON ELEMENTARY SCHOOL, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to ax ecute a e Joint a agreement with HIALCO-011, Inc., for the sublease of spaceat the Booker TWashington Elementary School subtect to approval of the City and the School District, 011 as o re fully set forth in the joint useagreement, a substantial copy of which is attached hereto and made a parthereof, marked Exhibit SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned agreement at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 4th day of December, 1984. ATTEST: cretary APPROVED: WeDAY OF DECEMBER, 1984 J BRUCE AYCOCK, CITY ATTORNEY A vA AYOR THE CI ✓iF CORPUS CHRISTI, TEXAS 18582 JOINT USE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § 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 "City" and the HIALCO 0IC, Incorporated, a private non-profit corporation chartered under the laws of the State of Texas, hereinafter referred to a5 "HIALCO". WITNESSETH. WHEREAS, by lease agreement dated April 16, 1582, the City of Corpus Christi is leasing the Booker T. Washington Elementary School from the Corpus Christi Independent School District, and WHEREAS, in accordance with said lease, City is utilizing said building as a senior citizen service facility and multi-purpose center; and WHEREAS, in further contemplation has entered into a Joint use agreement with private non-profit corporation, dated Jun authorized to utilize a portion of said bui community and neighborhood services, and f said lease agreement, City the HIALCO OIC, Incorporated, a 26, 1974, whereby HIALCO i lding to carry out a program of WHEREAS, it IS the desire of HIA enlarge the scope of its activities within agreement to include the right to subleas premises to private enterprises or institu activities. LCO to Obtain authorization to the terms of the said joint use e or sign a portion of the tions engaged in profit-making NOW, THEREFORE, I11 CONSIDERATION OF THE PREMISES, HIALCO AND CITY ENTER INTO THE FOLLOWING AGREEMENT, TO-N1T: It i agreed and understood that this Joint a agreement shall supersede and shall be substituted for that certain Joint use agreement dated June 26, 1974 between the parties hereto It is furtheragreed that the teem of this agreement shall run concurrently with said described lease between City and Corpus Christi Independent School District and shall be extended or renewed from time to time by a like term as agreed between City and Corpus Christi Independent School District. II. HIALCO will have the authority both to select the agency o m unity service co and to recommend the allocation and amount of floor space tosuch agency orrvice in the Booker T. Washington Elementary School except for that part of the building reserved by the Clty for the senior citizen facility. In the event of disagreement between HIALCO, the representative of the City, or n agency ornunity service regarding its m selection or the amount of the a ount of spacing allocated thereto, then the C000 Council of the City of Corpus Christi shall arbitrate such dispute and have the right of final decision. Any agreement with such agency shall be an writing and approved by both the HIALCO and the City representative. III. HIA050 0111 actively solicit and work with community agencies to provide a variety of community services to the neighborhood. City shall assume the responsibility for payment of utilities,a property and liability i and maintenance; however, in recognition of everceasing utilities and maintenance casts, HIALCO will pay to the City, on asquare foot basis, the amount determined by the City and HIALCO 01C, Incorporated to r r said casts. These fees will be paid in advance to the City onmonthly basis by the last day of each preceding month. The City shall r ss the operational cost of this facility on an dual basis at a time which will coincide with the City Fiscal Year and modify the fee, if necessary, accordingly. v. 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 VI HIALCO and City shall designate a responsible officer or employee to carry out its respansibili ties under this Agreement. VII. City and HIALCO shall allow various public or private organiza- tions and agencies to utilize space in the building for all lawful activities open to all persons without discrimination. HIALCO shall obtain approval prior to the subleasing or signment of any part of said premises in writing by Corpus Christi Independent School District and Clty. Such use shall be by individual permit or use agreement which shall set forth the obligations of the tenant Suchobligations 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. VIII. The representative of City shall be its Assistant City Manager in charge of Planning and Urban Development or his subordinate, designated in writing by the Assistant City Manager. The representative of HIALCO shall be the coordinator of HIALCO 01C, Incorporated. I%. HIALCO agrees to take good care of the assigned premises, permit no unlawful conduct o offensive acts oactivities to exist therein or thereon, and to keep said premises clean and free from debris. Any me,lor modifications to the building or grounds by any party shall be subject to approval in writing by City and Corpus Christi Independent School District. XI Nothing contained in this Agreement shall obligate either party %II Either party hereto may cancel this Agreement by giving the other party 30 days written notice. IN WITNESS WHEREOF, the said parties have hereto set their hands n duplicate, binding the respective parties this day of 1984. ATTEST CITY OF CORPUS CHRISTI By ity Secretary Edward A. Martin, City Manager HIALCO 01C, INCORPORATED By Its APPROVES• fff= DAY OF , 1984 8#UCE AYCOCK, CITY Ai Corpus1'l!Christi, Texas 'y`UIFdaY of , Wierltof\, 1g8 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the re set forth in the emergency clause of the foregoing ordinance or resolution,anemergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members (MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by he following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Or Charles W. Kennedy Jae McComb Frank Mendez Mary Pat Slavik 3 4. 0 18582