HomeMy WebLinkAbout19619 ORD - 01/29/1987r
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE TEXAS STATE
AQUARIUM ASSOCIATION FOR THE OPERATION OF AN AQUARIUM
FACILITY; APPROPRIATING $1,300,000; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute
agreements with the Texas State Aquarium Association for the operation of an
aquarium facility, all as more fully set forth in the agreements, substantial
copies of which are attached hereto and made a part hereof, marked Exhibits "1"
and "2."
SECTION 2. That there pis hereby appropriated $1,300,000 from the
Aquarium Bond Fund.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient and effective administration of City affairs, 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 they 7 day of , 1987
ATTEST:
Secretary (/ MAYOR
THE CITY F CORPUS CHRISTI, TEXAS
APPROVED: qZ DAY 0
HAL GEORGE, CITY AT
By �
Assistant ity ney
O1P.083.01
19619 MICROFILMED
THE STATE OF TEXAS §
COUNTY OF NUECES §
AGREEMENT
Whereas, the Texas State Aquarium Association, a Texas nonprofit
corporation (the "Association") plans to construct and operate a public aquarium
(the "Aquarium") in Corpus Christi, Texas, with such Aquarium facility to be
operated on a non-profit basis for the education and enjoyment of the citizens
of Corpus Christi and visitors to Corpus Christi; and,
Whereas, the Association has purchased, utilizing its own funds, for a
purchase price in excess of two million eight hundred thousand dollars
($2,800,000), the property marked in red on Exhibit A, attached hereto, for the
purpose of constructing the Aquarium facility on such property; and,
Whereas, the Association has obtained a thirty year lease from the Port
Authority of Corpus Christi for the property marked in green on the attached
Exhibit A, with such property to be utilized by the Association in conjunction
with the operation of the Aquarium facility; and,
Whereas, the State Legislature of the State of Texas has designated such
Aquarium facility to be built by the Association as the official Aquarium of the
State of Texas; and
Whereas, it was recognized by the City of Corpus Christi that the full and
complete enjoyment and utilization of the Aquarium and adjoining public
facilities as well as the providing of land for public parking, parking
improvements, bulkheading, drainage and utility locations would require the
expenditure of public funds on property in the vicinity of the Aquarium; and
Whereas, the citizens of Corpus Christi approved the sale of general
obligation bonds by the City of Corpus Christi in the amount of four million
dollars ($4,000,000) for such purpose ("the Bond Funds"); and,
Whereas, as it is desirable prior to the commencement of construction to
establish conditions regarding the construction project management.
Now, therefore, for and in consideration of the mutual agreements and
promises herein contained, the parties hereto do mutually agree and covenant as
follows:
I.
Whenever used in this contract, the following terms shall have the meanings
ascribed to them as set forth in this paragraph, to -wit:
A. Association shall mean the Texas State Aquarium Association, a Texas
nonprofit corporation.
O1P.069.01
B. City shall mean the City of Corpus Christi, a municipal corporation.
C. City Manager shall mean the City Manager of the City of Corpus
Christi.
D. Aquarium shall mean the Texas State Aquarium facility.
II.
The Association desires to erect and construct the Aquarium on the site
marked in red, green, and orange on the attached plat, marked Exhibit A, and the
City is willing that such project be undertaken under the following terms and
conditions:
A. The Association shall have full responsibility for preparation of the
plans, advertising for bids, supervision of building construction, and
acceptance of the Aquarium facility from the contractor when
completed.
B. The cost of construction of the Aquarium building and the exhibits
located therein shall be borne by the Association without utilization
of any of the four million dollars of "Bond Funds" for such
construction. It is understood that the City does not assume and will
not in any way be responsible for any of the financial obligations
incurred or created by the Association in connection with the
construction, erection, and operation of the Aquarium building and
exhibits.
C. City agrees to take all action necessary to close the existing city
streets and public alleys marked in orange on the attached Exhibit A
and cause such former rights-of-way to become part of the surrounding
and contiguous property owned or leased by the Association for the
purpose of the Association owning and utilizing such additional
property as part of the Aquarium site to be owned, operated, and
maintained by the Association as the site of the Aquarium.
D. City agrees, utilizing a portion of the Bond Funds, to promptly
' acquire ownership of the property marked in blue on the attached
Exhibit A ("City Property") in order to implement the "Public street
and parking plan" shown on the attached Exhibit B. For the same
purpose Association agrees to lease to the City, for nominal
consideration, Lots 121 and 122, Block 4, Beach Subdivision, and Lot
8, Block 4, Brooklyn Subdivision, to be utilized as part of the public
parking lot as shown on Exhibit B.
E. City agrees to use its best efforts_to enter into an agreement with
the State of Texas for utilization as public parking of the property
under the Harbor Bridge (the "State of Texas Property") contiguous to
the property marked in blue on the attached Exhibit A and any other
necessary agreement concerning property owned by the State of Texas
which would be affected or necessary for the implementation of the
Plan shown on the attached Exhibit B.
01P.069.01
r,
Association agrees to retain a consulting engineering firm acceptable to
the City Manager to design bulkhead and related improvements on public property
in the waterfront area shown on Exhibit B to provide waterfront protection and
public access adjacent to Association's property. Said design services shall
include preparing all necessary applications for permits and related work, and
City agrees to use its best efforts in cooperation with Association to obtain
all required and necessary government permits. Upon completion of final plans
and specifications for said bulkhead and related improvements and approval by
City, City shall-- reimburse Association- for the cost of- the consulting
engineering services to the extent that the Bond Funds are available and are
appropriated by the City Council for this purpose.. -
IV.
The obligation of the City under this agreement shall be limited to
$1.3 million, which shall be used for the property acquisition described in II.D
above and the reimbursement of design costs described in III above and bond sale
expenses, finance administration costs, and any other administrative costs
incurred by City in connection with this project. The City shall have no other
obligation under this agreement, unless and until the City Council appropriates
additional funds which may be used to complete the property acquisition and
reimbursement of design costs and to accomplish the following, and the City does
hereby agree to accomplish the following to the extent possible with any such
future appropriations by the City Council and only if such future appropriations
are made:
A. Construct the bulkhead and related improvements.
B. Construct public car parking for approximately 285 to 300 cars on the
City property acquired pursuant to this agreement and on Association
property leased to City for public parking.
C: , Construct public sidewalks, signs, lighting, landscaping and security
fencing related to the public parking and related public improvements.
D.' Construct the City streets as shown on the site plan attached as
Exhibit B as well as any necessary utility relocation, removal, street
demolition, regrading and storm drainage relevant to the
implementation of such public street and parking plan.
E. Construct public car parking for approximately 300 cars and buses on
the State of Texas property (subject to obtaining prior agreement from
the State of Texas).
V.
City and Association agree to work together to implement the construction
of the Aquarium and the adjacent public facilities to be contemporaneously built
by the City, as outlined above, so that the construction activities of neither
01P.069.01
project will reasonably interfere with the construction schedule of the other_ .
project.
Executed this day of , 19
ATTEST: CITY OF CORPUS CHRISTI
By
-Armando Chapa, City Secretary Craig 8: McDowell, City Manager
- HAL GEOR6E,-CITY ATTORNEY
R. W. Coffin
Assistant City Attorney
ATTEST: TEXAS STATE AQUARIUM ASSOCIATION
By
Secretary President
—
OlP.069.0l
THE STATE OF TEXAS §
COUNTY OF NUECES §
AGREEMENT TO LEASE
Whereas, the Texas State Aquarium Association, a Texas nonprofit
corporation (the "Association") plans to construct and operate a public aquarium
(the "Aquarium") in Corpus Christi, Texas, with such Aquarium facility to be
operated on a nonprofit basis for the education and enjoyment of the citizens of
Corpus Christi and visitors to Corpus Christi; and,
Whereas, the Association has purchased, utilizing its own funds, for a
purchase price in excess of two million eight hundred thousand dollars
($2,800,000), the property marked in red on Exhibit A, attached hereto, for the
purpose of constructing the Aquarium facility on such property; and,
Whereas, the Association has obtained a thirty year lease from the Port
Authority of Corpus Christi for the property noted as "aquarium lease property"
marked in green on the attached Exhibit A, with such property to be utilized by
the Association in conjunction with the operation of the Aquarium facility; and,
Whereas, the State Legislature of the State of Texas has designated such
Aquarium facility to be built by the Association as the official Aquarium of the
State of Texas; and
Whereas, it was recognized by the City of Corpus Christi that the full and
complete enjoyment and utilization of the Aquarium facility by the citizens of
Corpus Christi and the need for a safe, well -protected facility with water
access would require the expenditure of public funds on property in the vicinity
of the Aquarium; and
Whereas, the citizens of Corpus Christi approved the sale of general
obligation bonds by the City of Corpus Christi in the amount of four million
dollars ($4,000,000) for such purpose ("the Bond Funds"); and,
Whereas, it is recognized that the Aquarium facility must have (i)
protection from wave action, (ii) access to the water for obtaining of salt
water for the salt water system for the facility and for unloading from boats of
food for the Aquarium live species, and (iii) public access by boat for its
patrons who may desire to arrive by any future public boat transportation; and,
Whereas, the City of Corpus Christi ("the City") desires to make available
to the Association public property adjacent to the aquarium facility to perform
such purposes and to lease such property to the Association; and,
Whereas, certain prior engineering development, government permit
acquisitions, and other requirements shall be required prior to initiation of
the required construction of improvements and leasing of such property to the
Association.
O1P.073.01
e46 -`a"
Now, therefore, for and in consideration of the mutual agreements and
promises herein contained, the parties hereto do mutually agree and covenant as
follows:
I.
The Association desires to erect and construct an aquarium on the site
marked in red, green, and orange on the attached plat marked Exhibit A. The
Association shall have full responsibility for preparation of plans, advertising
for bids and supervision of the building construction plans, and acceptance of
the Aquarium from the contractor when the building and related facilities are
completed.
II.
The cost of construction of the Aquarium building and the exhibits located
therein shall be borne by the Association without utilization of any of the four
millions dollars of "Bond Funds" for such construction. It is understood that
the City does not assume and will not in any way be responsible for any of the
financial obligations incurred or created by the Association in connection with
the construction, erection, and operation of the Aquarium building and exhibits.
The City agrees to use its best efforts in cooperation with the Association
to obtain all required and necessary government permits, and to construct and
install on the waterfront property adjoining the aquarium site shown on
Exhibit A, the bulkheading and related improvements as shown on the attached
Exhibit B. City agrees to initiate such construction upon obtaining such
permits contemporaneous with the Association's construction of the Aquarium
facility, and subject to the appropriation by the City Council of funds for this
purpose. The City agrees to coordinate the construction contemplated hereby
with the Association's construction of the Aquarium facility, so that neither
construction project will interfere or delay the other project.
IV.
Upon completion of the bulkhead and related improvements, City agrees to
lease said improvements and the underlying property to the Association for a
period of five (5) years. The lease for said property shall be substantially in
accordance with the lease agreement, a copy of which is attached hereto as
Exhibit C, which should be executed by the Association and the City immediately
upon completion of the construction of all improvements, shown on Exhibit B.
V.
Association agrees to make an investigation to determine the ownership of
the land to be leased, and if use of any of such land requires a lease from.the
01P.073.01
State of Texas, Association agrees to prepare the necessary application for such
lease on behalf of City.
Executed this day of
of which will be cons�ered an original.
, 19 ,,in duplicate, each
ATTEST: CITY OF CORPUS CHRISTI
By
Armando Chapa, City Secretary Craig A. McDowell, City Manager
APPROVED: DAY OF , 19
HAL GEORGE, CITY ATTORNEY
By
R. W. Coffin
Assistant City Attorney
ATTEST: TEXAS STATE AQUARIUM ASSOCIATION
THE STATE OF TEXAS §
COUNTY OF NUECES §
By
Before me, the undersigned authority, on this day personally appeared
Craig A. McDowell, City Manager of the City of Corpus Christi, Texas, a
municipal corporation, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of said City of Corpus Christi for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 19
01P.073.01
Notary Public, State of Texas
My commission expires:
THE STATE OF TEXAS §
COUNTY OF NUECES §
AQUARIUM LEASE
This agreement is made and entered into this the day of
, 19 , by and between the City of on Christi,
Texas, a municipal corporation, hereinafter called "City," and the Texas State
Aquarium Association, a nonprofit Texas corporation, hereinafter called
"Association."
The City, in consideration of the Association's faithful performance of the
covenants described herein, leases to the Association the property described
below upon these terms:
I. Demised Premises
The City does hereby lease, let and demise to the Association the
following:
A acre site, more or less, located on the southeast
end of the area known as Corpus Christi Beach, Corpus
Christi, Nueces County, Texas, as shown on the drawing
attached hereto as Exhibit "1" and incorporated herein by
reference. (Such property is described herein as the
"Premises".)
II. Permitted Use
The Premises shall be used in conjunction with the adjacent aquarium
operated by the Association, referred to hereafter as "Aquarium Facility." The
Association may charge an admission fee to said Premises in conjunction with
admissjon to the Aquarium Facility on a nondiscriminatory basis and in such
regard the Association shall be entitled to fence the Premises and control and
restrict access in such regard. The Association may adopt admission fee rate
structures of the type normally adopted by public aquariums and zoos. Admission
fees and any concession revenues shall be used to offset expenses of operating
said facility, including payment of principal and interest for Association debt
incurred in connection with the construction or operation of the Aquarium
Facility as well as any future capital improvements for the Aquarium Facility.
III. Terms
The term of the lease shall be for a period of five (5) years.
01P.074.01
4e"
• •
IV. Education Program
The Association shall provide, as part of its aquarium operation, a
comprehensive educational program relating to the aquarium theme for the benefit
of aquarium visitors.
V. Lessee Responsibilities
The Association shall be responsible for the following:
(a) Ensuring to the extent reasonably possible that no pollutant, effluent,
liquid or solid waste material, fresh or salt water discharge (except salt
water discharges authorized by all applicable and required state and
federal government permits), litter, trash, or garbage issues from the
Premises or is allowed tocollect on the Premises or in the water of the
City in the vicinity of the Premises.
(b) Complying with all federal, state, and local laws, ordinances, rules and
regulations, as amended, or as may be amended, including, but not limited
to, the City of Corpus Christi Code of Ordinances.
(c) Securing at the Association's own expense, at or before the execution of
the Agreement and subject to all provisions of this Agreement, all of the
insurance required under this section. The City shall be an additional
named insured by the terms of each policy. Each insurance policy shall
contain a provision that it cannot be cancelled unless thirty (30) days'
notice of cancellation shall first have been served upon the City
Secretary. The Association shall secure and maintain during the life of
this agreement the following insurance:
(1) Workers' Compensation insurance covering all employees
of the Association engaged in any work at the lease
premises.
(2) Public liability insurance in the amount of Five Hundred
Thousand Dollars ($500,000.00) for bodily injury or
death to anyone person, One Million Dollars
($1,000,000.00for bodily injury or death for any one
occurrence, and One Hundred Thousand Dollars
($100,000.00) for property damage.
VI. Improvements
No buildings or similar permanent structures shall be added to the Premises
without the prior written approval of the City. Association shall be entitled
to construct sidewalks, reflection pools, park benches, landscaping, a salt
water pipeline, boat unloading facilities, and fences, provided that plans and
specifications for such improvements are approved by City in advance. All
improvements, additions, or alterations made by the Association will comply with
all City codes and to the extent not easily removable shall become the property
of the City.
01P.074.01
VII. Assignment or Sublease
The Association may not assign this lease nor sublease the premises nor any
part thereof without the prior written consent of the City. Association shall
be entitled to sublease some or all of the boat dock facilities located on the
Premises to the Regional Transit Authority and or any other entity providing
water transportation between the Premises and other portions of Corpus Christi.
VII. Non -Discrimination
The Association warrants that it is and will continue to be an equal
opportunity employer and hereby covenants that no employee or customer shall be
discriminated against because of race, creed, color, handicap, or national
origin.
IX. Inspection
City personnel shall have the right to enter upon the Premises, at all
times, for purposes of any inspection, repair, fire or police action, and the
enforcement of this lease.
X. Independent Contractor
It is further understood and agreed that the Association is and shall be an
independent contractor hereunder. The Association shall employ sufficient
employees necessary for the operation of said business, which employees shall be
solely in the employ of the Association.
XI. Termination
Except as otherwise provided herein, City may terminate this lease whenever
the Association fails to comply with the provisions and covenants contained
herein, and fails or refuses to comply within a reasonable time (which shall not
be less than sixty days) after receiving written notice of the violation and
recommended cure. In the event of any termination, the Association shall
immediately comply with a written order from the City Manager to vacate the
Premises.
XII. Notices
Any notices provided for under this lease may be given, in writing, to the
City, by delivering or mailing the notice to P.O. Box 9277, Corpus Christi,
Texas 78469-9277, and to the Association by delivering or mailing the notice to
Texas State Aquarium Association, P.O. Box 331307, Corpus Christi, Texas 78403,
or any other address as the parties may from time to time designate in writing.
XIII. Modifications
No changes or modifications to the lease shall be made, nor any provision
waived, unless in writing signed by a person authorized to sign agreements on
behalf of each party.
01P.074.01
1
XIV. Indemnity
The Association shall indemnify and hold the City harmless from and against
all claims, demands, causes of action, costs, attorneys fees, liabilities of any
nature whatsoever arising out of the Association's use, operation, or occupancy
of the Premises, whether such use, operation or occupancy is authorized or not,
or from any act or omission of the Association, or its officers, agents,
employees, guests, patrons, or invitees in regard thereto.
The Association shall be liable to City for any damage to City property
caused by the Association, or its officers, agents, or employees. City does not
and will not in any way be responsible or liable for any of the financial
obligations which may be incurred or created by the Association, or its
officers, agents or employees.
XV. Publication
Association shall pay any costs of publication of this lease required by
the City Charter.
EXECUTED in duplicate originals this the day of
19 , by the authorized representatives of the parties.
ATTEST: TEXAS STATE AQUARIUM ASSOCIATION
By
Secretary President
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
Armando Chapa, City Secretary Craig A. McDowell, City Manager
APPROVED: DAY OF , 19
HAL GEORGE, CITY ATTORNEY
By
R. W. Coffin
Assistant City Attorney
O1P.074.O1
THE STATE OF TEXAS §
COUNTY OF NUECES §
Before me, the undersigned authority, on this day personally appeared
, President of the Texas State Aquarium Association, a Texas
corporation, known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same as
the act and deed of said City of Corpus Christi for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 19
01P.073.01
Notary Public, State of Texas
My commission expires:
THE STATE OF TEXAS §
COUNTY OF NUECES §
Before me, the undersigned authority, on this day personally appeared
Craig A. McDowell, City Manager of the City of Corpus Christi, Texas, a
municipal corporation, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of said City of Corpus Christi for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 19
THE STATE OF TEXAS §
Notary Public, State of Texas
My commission expires:
COUNTY OF NUECES §
Before me, the undersigned authority, on this day personally appeared
, President of the Texas State Aquarium Association, a Texas
corporation, known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same as
the act and deed of said City of Corpus Christi for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 19
01P.074.01
Notary Public, State of Texas
My commission expires:
e
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 1,300,000,00 , the amount required for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Funl. No. and Name Fund #521 - Aquarium Bond Fund
Project No.
Project Name
521-86-1.1
Texas State Aquarium
from which it is proposed to be drawn, and such money is rot appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
/) 300, D00. 00
-11A" ,/,318 7 171(3-)07
, 198/
��-�> niF�o
Corpus Christi, Texas
n7441 day o
, 1987
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency 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
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
the following vote:
19619
No.C711
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