HomeMy WebLinkAboutC2005-055 - 2/8/2005 - ApprovedPage 1 of 14
BOY SCOUT TROOP LEASE & USE AGREEMENT
BETWEEN
CITY OF CORPUS CHRISTI
AND
WEST CORPUS CHRISTI ROTARY CLUB
STATE OF TEXAS §
COUNTY OF NUECES§
KNOW ALL BY THESE PRESENTS
This lease is entered into by and between the City of Corpus Christi ("CRy"), a Texas
home-rule municipal corporation, acting through its duly authorized City Manager, or the
City Manager's designee, and WEST CORPUS CHRISTI ROTARY CLUB ("Lessee"),
a Texas unincorporated association, Corpus Chdsti, Texas, a service club acting as
sponsors of the Boy Scout Troop, for the citizens of Corpus Chdsti, acting through its
duly authorized President.
Section 1. Definitions. For the purposes of this Lease:
City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation.
City Council means the City Council of the City.
City Manager means the City Manager of the City or the City Manager's
designee.
Director means the City's Director of Parks and Recreation or that Director's
designee.
Engineering Services Director means the City's Director of Engineering
Services.
Holdover Period means any pedod of time in which the Lessee remains in the
Premises after the expiration of the odginal term of this Lease and continues to
provide consideration in lieu of paying rent to the City under the terms of this
lease.
Improvements means buildings and other structures located on the Premises.
Lease means this document, including all attachments and exhibits that are
referred to in this document.
Lessee means WEST CORPUS CHRISTI ROTARY CLUB, a Texas
unincorporated association, Corpus Christi, Texas.
2005-055
02/08/05
Ord026135 :EC 2~J_ease~Us e~,greem~O11205D~.WestCC Robary,B~ySc~utTr~op. Lease.&UseAgmbdoc
West Corpus Christi Rotary Club
Page 2 of 14
Parks and Recreation means the City's Parks and Recreation Department.
Premises means a tract or parcel of land McKenzie Road designated as Tract
"B", as shown on the attached drawing, Exhibit Al, together with all
improvements.
Regular hours of operation means the regularly scheduled hours of Les.see's
operation.
Risk Manager means the City's Director of Risk Management or that Director's
designee.
Sign means any signs, advertisements, notices, or other lettering that are
exhibited, inscribed, painted, erected, er affixed on or about the Premises, or any
part of the Premises.
Wastewater Director means the City's Director of Wastewater.
Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to
enable Lessee to sponsor the Boy Scout Troop. Lessee may not operate the Leased
Premises for any other purpose without the pdor written approval of the Director.
Section 3. Leased Premises. The Leased Premises is a tract or parcel of land near
McKenzie Road and Allison Drive designated as Tract "B", as shown on the drawing
attached as Exhibit Al, together with all improvements.
Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the
Leased Premises is subject to the terms and conditions in this lease. The detailed
conditions for using the Leased Premises are contained in the attached Exhibit A2.
Exhibit A2 may be amended as often as necessar~ upon mutual agreement by the
Parks Director and the Lessee. This lease is made in consideration of the mutual
promises and covenants contained in this lease.
Section 5. Limitation of Leasehold. City does not warrant its title to the Leased
Premises. This Lease and the dghts and privileges granted Lessee in and to the
Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of
record or apparent. Nothing contained in this Lease may be construed to imply the
conveyance to Lessee of rights in the Leased Premises that exceed those owned by
c ty.
Section 6. Term. The City leases the Premises, subject to all terms and conditions of
this Lease, to the Lessee for a pedod of five (5) years subject, however, to the dght of
either party to cancel this Lease by giving thirty (30) days written notice to the other
party, unless sooner terminated under Section 31. This Lease begins immediately after
City Council approval.
a. Lessee may continue to occupy the Premises after the expiration of this Lease
on a month-to-month tenancy if the Lessee continues to provide consideration in lieu
H:~LEG-DIF~Doy~ eD.Cu rt~\MYDOCS~.003 04\PARK&REC.27~Lease&Us eAgreem[\011205DC Wes[CC RoLery BoyScoutTroo p,Lease.&Us~AgrnLdoc
Page 3 of 14
of paying monthly rent as required by this lease, and upon the same terms and
conditions as set out in this lease.
b. The Holdover Period may not exceed six months in length.
c. The City Manager has the absolute dght to terminate the month-to-month
tenancy with or without cause upon thirty (30) days written notice to Lessee.
Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased
Premises or if the Lessee fails to take possession of the Leased Premises within ten
days after commencement of the term of this Lease, then this Lease shall terminate
automatically and City Manager may take immediate possession of the Leased
Premises. "Abandoned" means that the Leased Premises become vacant or deserted
for a continuous period of thirty (30) days.
Section 8. Cessation of Use.
a. If Lessee for any reason ceases to use the Leased Premises for the purposes
specified in Section 2, Lessee has the dght dudng the first year following the
cessation of use to terminate this Lease by wdtten notice to the City Manager.
b. The wdtten notice of termination must be given at least three (3) months prior to
the effective date of termination.
c. If the cessation of use occurs and continues for one year or longer, and Lessee
does not exercise the dght to terminate this Lease, then the City may terminate this
Lease by giving Lessee at least one (1) months notice prior to the effective
termination date.
d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon
termination, but no consideration provided pdor to termination will be refunded.
e. During any cessation of use, Lessee must maintain and regulate the use and
occupancy of the Leased Premises at Lessee's expense as specified in Sections 2,
4, 22, 24, 28, and 29. Upon termination or expiration of the Lease, the Lessee must,
if requested in wdting by the Director, remove the scout hut from the Leased
Premises under Section 12e.
Section 9. Surrender. Lessee acknowledges and understands that the City's
agreement to lease the Premises to Lessee is expressly conditioned on the
understanding that the Premises must be surrendered, upon the expiration, termination,
or cancellation of this Lease, in as good a condition as received, reasonable use and
wear, acts of God, fire and flood damage or destruction where Lessee is without fault,
excepted.
Section 10. Lease Consideration. For and in consideration of the dghts and
privileges granted in this lease, and in lieu of lease payments to the City, Lessee must
construct and maintain a scout hut for use by a Boy Scouts troop (sponsored by lessee)
H:~I EG-DIR\Doy~eD CuHis\MYDOCS~2003 04\PARK&REC.27%ease&Us eAoreem~V311205DC Wes~CC Ro~ary BoyScoutTroop. Lease.&Us~AgmLdoc
Page 4 of 14
on the Premises. Further, Lessee must maintain the Premises by mowing, collecting
litter, etc. as directed in wdting by the Director.
Section 11. Bylaws, and Membership and User Requirements; Hours and Terms
of Operation; Lessee Responsible for Activities.
a. Bylaws. Attached as Exhibit B is a certified copy of Lessee's Constitution and
Bylaws, including Membership and User Requirements, User Fees, and Schedule of
Activities, Hours and Terms of Operation. Membership and User Requirements and
Fees must be reasonable so that the Premises and improvements are reasonably
available for uso by the public. Exhibit B is collectively referred to as "operation
documents." Lessee may not make any change in the originals of any of these
operation documents without prior wdtten consent of the Director. The written
consent and certified copies of the revised operation documents must be attached
to this lease as Exhibits.
b. Lessee responsible for activities on Premises. Notwithstanding any right of
City to inspect or approve any improvement or activity under this lease, Lessee
covenants that it and its members are solely and exclusively responsible for all
activities on the Premises and have control of the Premises; that the City has no
responsibility for safety of, or any activity on, the Promises; and that Lessee shall not
rely on any City inspection or action. Lessee is solely responsible for the safety of all
activities on the Premises.
Section 12. Alterations.
a. Lessee may not make any alterations, additions, or improvements to, in, on, or
about the Premises, without the prior written consent of the Director. Lessee must
also obtain clearance from the Risk Manager as roquired by Section 29.f. of this
Lease.
b. Lessee, if directed by the Director, must construct and maintain screening or
other safety barriers to ensure, to the extent reasonable, that activities are confined
to the premises.
c. Pdor to making any alterations, additions, or improvements to, in, on, or about
the Premises, Lessee must submit the plans and specifications for the alterations,
additions, or improvements to the Director, and Engineering Services Director for
review and written consent.
d. If the Director and Engineering Services Diroctor consent to, and the Risk
Manager grants clearance for, the alterations, additions, or improvements, the
Lessee shall obtain all roquirod permits for the construction; and the construction is
subject to inspection by the Director, Engineering Services Director, City's Building
Official, Wastewater Director and their designated representatives.
e. All approved alterations, improvements, and additions made by the Lessee upon
the Premises, although at Lessee's own expense, shall, if not removed by Lessee at
H/LEG DIR\DoyleD.CuFds\MYDOCS~2003.04\PARK&REC.2T4_ease&Us eAgreem6Ol 1205D~.Wes[CC Ro[ary BoyScoutTroop. Lease.&UseAgmLdoc
Page 5 of 14
any termination or cancellation of this Lease, become the property of the City in fee
simple without any other action or process of law. Lessee agrees to be contractually
and financially responsible for repairing any and all damage caused by the removal.
If items are installed in a manner that they become fixtures, the fixtures may not be
removed by Lessee upon termination and become the property of the City.
Section 13. Taxes, Assessments, Licenses, and Fees.
a. Lessee must pay, in full prior to each respective due date, all taxes,
assessments, licenses, and fees required by the Lessee's use of the Leased
Premises; this includes, but is not limited to, any ad valorem taxes, personal
property taxes, and sales taxes, that could be assessed against the Leased
Promises and any buildings, improvements, or fixtures appurtenant to the Leased
Premises..
b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes,
Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes
according to Circular E Employer's Tax Guide, publication 15, as it may be
amended.
c. Lessee must provide proof of payment of all taxes within 30 days after Director
requests proof of payment. Failure to pay or provide proof of payment is grounds to
terminate this Lease.
Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of
the City during the term of this Lease, and including during any Holdover Pedod that
may occur.
Section 15. No Liens. Lessee agrees not to permit any mechanic's lien,
matedalman's lien, tax lien, or any other lien to become attached to the Leased
Premises, or any part or parcel of the Leased Premises, or the improvements on the
Leased Premises, because of any work or labor performed by any mechanic, materials
furnished by any materialman, or any other reason.
Section 16. Assignment and Subleasing.
a. Lessee may not assign or encumber this lease, without the prior written consent
of the City Manager. Any assignment or sublease must be approved in advance by
the City Manager, which approval will not be unreasonably withheld.
b. Upon approval of the assignment, Lessee may request the City to release
Lessee from any further liability under the Lease. City will grant the release if the
assignee covenants to assume all obligations and duties of Lessee of this Lease.
c. Any attempted assignment or sublet without the pdor written consent of the City
Manager renders this Lease void.
H:tLEG-DtR\Doy~eD CuHJs\MYDOCS~093 04\PARK&REC 2TtLease&Us.eAgreemt~011 :Z05OC WestCC Ro~ary BoySco~zTroop. Lease.&UseAgmLdoc
Page 6 of 14
d. An assignment of the Lease under the same terms and conditions is not an
amendment of the Lease.
e. Each provision, term, covenant, obligation, and condition required to be
performed by Lessee must be binding upon any assignee, and is partial
consideration for City's consent to the assignment.
f. Any failure of assignee to stdctly comply with each provision, term, covenant,
obligation, and condition in this lease may render this Lease null and void.
Section 17. Signs; Warning Signs Posted.
a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the
Premises, or any part of this Lease, without the pdor wdften approval of the Director.
b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If
Lessee does not remove, repaint, or repair the Signs within ten (10) days of the
Director's written demand, the City may elect to terminate this Lease after ten (10)
days written notice to Lessee. Alternatively, the City may do or cause the work to be
done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the
Director's invoice. If payment is not timely made, the City may terminate this Lease
upon ten (10) days wdtten notice to Lessee.
c. Lessee must post the Premises with signs warning that it is a Boy Scout hut and
no trespassing is allowed. The Director shall approve the wording on the signs and
shall determine the placement of the signs.
Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to Lessee's operation of the Premises and Lessee's performance under this
Lease. This Lease is also subject to applicable provisions of the City Charter.
Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not
discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services at, on, or in the Premises, on the
grounds of race, religion, national origin, madtal status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas. The City
hereby reserves the right to take the action as the United States may direct to enforce
this covenant.
Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing
policy that substantially conforTns to the City's policy.
Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and
related hidng policy that substantially conforms to the City's policy.
H:/LEG-DIR/DOy~e D.Curbs\MYDOCS~003.04\PARK&REC.27~Leas~&Us eAgreernr~ 11205DC.WesiCC.Ro~y.B~3ySco~Tr~p.L~.&U~gm[.d~
Page 7 of 14
Section 22. Maintenance. Lessee shall maintain the Leased Premises and all
improvements in good and safe condition dudng the Lease terTn.
Section 23. Fumiture, Fixtures, and Equipment.
a. It is understood that Lessee is responsible for furnishing and equipping the
Premises and that the City has no obligation to furnish any equipment or furnishings
for Lessee.
b. All personal property and trade fixtures furnished by or on behalf of Lessee
remain the property of the Lessee, unless the personal property and trade fixtures
are specifically donated to the City dudng the term of this Lease or any Holdover
Period.
c. The Director retains the dght to approve all furnishings and fixtures that may be
installed in the Premises, dudng the term of this Lease and any Holdover Pedod,
prior to installation.
Section 24. Utilities. Lessee must pay for all utilities used by it on the Premises or
used by any other activities sponsored by the Lessee on the Premises.
Section 25. City's Right of Inspection. Any officer or authorized employee of the City
may enter upon the Premises, at all reasonable times and without notice, to determine
whether Lessee is providing maintenance in accordance with and as required by
Section 22 or for any other purpose incidental to the City's retained dghts of and in the
Premises.
Section 26. Director's Right to Access Premises in Emergency.
a. Lessee shall provide the Director with keys to the Premises, and a current list of
names and phone numbers, for use by the Director, in the event of an emergency.
b. The Director has the right to enter the premises during the regular hours of
operation or at anytime in an emergency.
Section 27. City Use. The City retains the right to use or cross the Premises with
utility lines and easements. City may exercise these rights without compensation to
Lessee for damages to the Premises from installing, maintaining, repairing, or removing
the utility lines and easements. City must use reasonable judgment in locating the utility
lines and easements to minimize damage to the Premises.
Section 28. Indemnity. In consideration of allowing Lessee to use the
Premises, Lessee ("lndemnitor"") covenants to fully indemnify, save
and hold harmless the City, its off'~cers, agents, representatives, and
employees (collectively, "lndemnitees") from and against any and all
liability, loss, damages, claims, demands, suits, and causes of action
of any nature whatsoever asserted against or recovered from City on
H:~LEG- DIR~Doy~eD Cu rlisU~4YDOCS~2003 04\PARK&REC 2T~Lease&Us e. Ag reem ~011205DC.Wes~CC. Ro~ary. BoyS coutTroop,Lease.&UseAgrn[ doc
Page 8 of 14
account of injury or damage to person including, without limitation on
the foregoing, premises defects, workers 'compensation and death
claims, or property loss or damage of any other kind whatsoever, to
the extent any injury, damage, or loss may be incident to, arise out of,
be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part: (1) Lessee ~ performance under this
Lease; (2) Lessee ~ use of the Premises and any and all activities
associated with the Lessee's use of the Premises under this Lease;
(3) the violation by Lessee, its officers, employees, agents, or
representatives or by Indemnitees, or any of them, of any law, rule,
regulation, ordinance, or government order of any kind pertaining,
directly or indirectly, to this Lease; (4) the exercise of rights under
this Lease; or (5) an act or omission on the part of Lessee, its officers,
employees, agents, or representatives or of Indemnitees, or any of
them, pertaining to this Lease, regardless of whether the injury,
damage, loss, violation, exercise of rights, act, or omission is caused
or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the
sole negligence of Indemnitees, or any of them, unmixed with the fault
of any other person or entity, and including all expenses of litigation,
court costs, and attorneys'fccs, which arise, or are claimed to arise,
out of or in connection with the asserted or recovered incident.
Lessee covenants and agrees that, if City is made a party to any
litigation against Lessee or in any litigation commenced by any party,
other than Lessee, relating to this Lease, Lessee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend City in all actions relating to
this Lease with legal counsel satisfactory to the City Attorney, and
pay all charges of attorneys and all other costs and expenses of any
kind whatsoever arising from the liability, injury, damage, loss,
demand, claim, or action.
Section 29. Insurance.
a. Lessee shall secure and maintain at Lessee's expense, dudng the term of this
Lease, insurance of the type and with the amount of coverage shown on the
attached Exhibit C, which is incorporated in this Lease by reference. Lessee shall
use an insurance company or companies acceptable to the Risk Manager. Failure
to maintain the insurance during the term of this Lease, at the limits and
requirements shown on Exhibit C, constitutes grounds for termination of this Lease.
H:/LEG-DIR/Doy~eD Cu rbs~IYDOCS~20~3,04\pARK&REC.27~Le ase&U s.aAgreem{~ 11205DC weslCC.RoLary BoyScc~utTr~ p.Lease.&UseAg rnLdoc
Page 9 of 14
b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy
of and operations at the Premises. The Certificate of Insurance must provide that
the City will have thirty (30) days advance written notice of cancellation, intent to not
renew, material change, or termination of any coverage required in this Lease.
c. Lessee shall provide, dudng the term of this Lease, copies of all insurance
policies to the Risk Manager upon written request by the City Manager.
d. The Risk Manager retains the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if necessary
in the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted. In the event of any necessary increase, Lessee must receive thirty (30)
days written notice prior to the effective date of the requirement to obtain increased
coverage.
e. Lessee shall, pdor to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in wdting, from the Risk Manager that the proposed addition
or alteration will not necessitate a change or modification in the existing insurance
coverage maintained by Lessee. This clearance is in addition to the prior consent
required by Section 12(a) of this lease.
Section 30. Default. The following events constitute default under this Lease:
(1) Failure to provide consideration in lieu of paying rent or failure to make other
payments under this Lease.
(2) Failure to pay utilities before the due date.
(3) Failure to perform scheduled maintenance.
(4) Abandonment of the Premises.
(5) Failure to maintain any insurance coverages required in this lease.
(6) Failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises.
(7) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any
event of default, the City may, at its option, in addition to any other remedy or dght given
under this Lease or by law:
(1) Give notice to Lessee that this Lease terminates upon the date specified in the
notice, which date will be no eadier than five (5) days after the giving of the notice.
H:\LEC~DIR~Doyle D.Curlis~MYDOCS~2003 04\PARK&REC 27'4_ease& Us ~Ag reem [~ 11205OC Wes t~C.Rotary. BoyS c~utTroop.lease.&UseAgm L doc
Page 10 of 14
(2) Immediately or at any time after the occurrence of the event of default and
without notice or demand, or upon the date specified in a notice, if given, or in any
notice issued under law, the City may enter into and upon the Leased Premises and
retake possession, by legal proceedings or otherwise, expel Lessee and anyone
claiming through or under Lessee, remove Lessee's or a claimant's goods and
effects, forcibly, if necessary, and store the goods in the name and at the expense of
Lessee.
Section 32. Enforcement Costs. If the City files any legal action or proceeding to
repossess the Premises, collect the lease payment(s) due under this Lease, collect for
any damages to the Premises, or to enforce in any other way the provisions of this
Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of
competent jurisdiction adjudges as reasonable attomeys' fees in the action or
proceeding, or in an appeal, if a judgment is rendered in favor of the City.
Section 33. Modifications. No provision of this Lease may be changed, modified, or
waived, unless the change, modification, or waiver is made in writing and signed by
persons authorized to sign agreements on behalf of each party.
Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director.
Section 35. Notice.
a. All notices, demands, requests, or replies provided for or permitted under this
Lease by either party must be in writing and must be delivered by one of the
following methods: (i) by personal delivery; (ii) by deposit with the United States
Postal Service as certified or registered mail, retum receipt requested, postage
prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery
service, for which service has been prepaid; or (v) by fax transmission.
b. Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or ovemight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph
company or overnight express carder. Notice by fax transmission will be deemed
effective upon transmission with proof of delivery.
H:~- EG-DIR~Doyle D.Cur[Is\MYEX~S~003.04~PAI~<&REC.27~Lease~Us eAgreem ~i) 11205DC We~tCC Ro~ary BoyScoutT roop,Lease.&Us~Agm bdoc
Page 11 of 14
c. All the communications must only be made to the following:
IF TO CITY:
IF TO LESSEE:
City of Corpus Chdsti
Parks and Recreation Dept.
P.O. Box 9277
Corpus Christi, TX 78469-9277
Atln: Director of Park & Recreation
(361) 880-3464
Hanna Carter, President
West Corpus Christi Rotary Club
P.O. Box 4613
Corpus Chdsti, TX 78469-4613
(361) 815-3099
d. Either party may change the address to which notice is sent by using a method
set out in subsection (a) of this section. Lessee shall notify the City of an address
change within ten (10) days after the address is changed.
Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures
in performance due to any cause beyond the party's control including, without limitation,
any delays or failures in performance caused by stdkes, lock outs, fires, acts of God or
the public enemy, common carder, severe inclement weather, dots or interference by
civil or military authorities. The delays or failures to perform extend the pedod of
performance until these exigencies have been removed. The Lessee shall inform the
City in wdting of proof of the fome majeure within three (3) business days or otherwise
waive this dght as a defense.
Section 37. Relationship of Parties. This Lease establishes a landlord/tenant
relationship, and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease, the City and Lessee will each act in
an individual capacity and not as agents, representatives, employees, employers,
partners, joint-venturers, or associates of one another. The employees or agents of
either party may not be, nor be construed to be, the employees or agents of the other
party for any purpose.
Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the
City and Lessee, and no third party has any dghts or claims under this Lease or against
the City.
Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, as required by the City's Charter, in the legal section
of the local newspaper.
Section 40. Interpretation. This Lease shall be interpreted according to the Texas
laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas,
where this Lease was entered into and will be performed.
Section 41. Survival of Terms. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
the parties have expressly agreed survive any the termination or expiration; (b) remain
H:\LEG-DIR\Eh3yleD Cu~ds\MYDOCS~003.04\PA RK&REC.27~Le as e&U s a,a, graern[~O 11205DC Wea[CC.Rotary. BayS coulTroop. Le. ase.&UsaAgm Ldoc
Page 12 of 14
to be performed; or (c) by their nature would be intended to be applicable following the
termination or expiration of this Lease.
Section 42. Captions. The captions utilized in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions of this Lease.
Section 43. Severability.
a. It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease be given full force and
effect for its purpose. Therefore, if, for any reason, any section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease or the application of this
Lease to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Lease, or the application of the
term or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected by the law or judgment.
b. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Lease, then the
remainder of this Lease is not affected, and in lieu of any illegal, invalid, or
unenforceable clause or provision, a clause or provision, as similar in terms to the
illegal, invalid, or unenforceable clause or provision as may be possible and be legal.
valid, and enforceable, will be added to this Lease automatically.
Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was
entered into and will be performed.
Section 45. Entirety Clause. This Lease and the attachments and exhibits
incorporated into this Lease constitute the entire agreement between the City and
Lessee for the purpose granted. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Lease,
unless contained in this Lease are expressly revoked, as the parties intend to provide
for a complete understanding within the provisions of this Lease and its exhibits of the
terms, conditions, promises, and covenants relating to Lessee's operations and the
Premises to be used in the operations.
Section 45. Binding Lease. It is further mutually understood and agreed that the
covenants and agreements contained in the Lease, to be performed by the respective
parties, are binding on the parties, and their respective successors and assigns.
Section 47. Acknowledgment. Each party expressly agrees that it has independently
read and understood this Lease. By Lessee's execution of this Lease, Lessee
acknowledges and understands that this Lease is not binding on the City until propedy
authorized by the Council and executed by the City Manager or by his designee.
H:~EG-DIR\Doy~eO Cu rlis\MYDOCS~003 04\PARK&REC.27~_ease&Us.eAgreemt~011205DC WeslCC.Rolary. BoyScoutTr~op Lease,&UseAg mLdoc
EXECUTED IN DUPLICATE ORIGINALS on the
2005
day of
Page 13 of 14
LESSEE: WEST CORPUS CHRISTI ROTARY CLUB
By: ~ C~J[~.~ --~
Hannah Carter, President
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on Fc-t°ru-~-'c~t [ ,2005, by
Hannah Carter, President of West Corpus Christi Rotary Club, a Texas unincorporated
association, on behaff of the association.
Nota~ S~tate of~Texa s~c
Pdnted Name: ~--fl~-/~-
Seal:
· ',~,~ ~.',, REBA N. GEORGE
-"" '*~- Notary Public, State of Te.x~s
',,?" .~,!~ My Comm~s~n E~pJres
: ,,,,~.~,~,,, Februory 12, 2006
Expiration Date:
H:U-EG~)IR~Doy~eD CurllsV~fYDOCS~003 04\PARK&REC 27'~Lease&Us aAgreemt~O 11205DC WeslCC.Ro[ary. BoySc~.~Troop,Lease &US~AomLdoc
Page 14 of 14
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
~ity Manager
APPROVED 12 January 2005
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attomey
For City Attomey
STATE OF TEXAS §
COUNTY OF NUECES § ,
This instrument was acknowledged before me on ~--~Z~) ,2005, by
George K. Noe, City Manager of the City of Corpus Chdsti, a Texas home-rule
Municipal Corporation, on behalf of the corporation.
Notary Public, State of Texas
Printed Name:
Seal:
Expiration Date:
H:/LEG DIR\DoyteD Curtis~YDOCS~2003.04~PARK&REC.27~_e~3se&Us.~Agreem~011205DC.Wes~CC.Rotary. BoyScoutTroop. Lease.&UseAgmt.doc
Page 1 of 2
EXHIBIT A-1
An area 300' by 400' from Tract B, Nueces View Tract, recorded in Volume 28,
page 64, Nueces County Plat Records, the same area more particularly described
by the following metes and bounds: From the center line of McKenzie Road, a
distance along the center of Allison Drive of 918', more or less, to a 2" pipe located
upon the approximate right-of-way line (West) of Allison Drive, for a place of
beginning, thence 400' Northwest to a 2" pipe, thence 300' Northeast to a 2" pipe,
thence 400' Southeast to a 2" pipe on the approximate right-of-way line of Allison
Drive, thence 300' Southwest along Allison Drive to the point of beginning, all of
which being a 275 acre tract of land,
H iLEG-DIR\OlgaR~Doyle~Park & Rec\031104DC CCRotary Club Lease Exhibit A 1 page 1 doc
Page 1 of 2
EXHIBIT A-2
DETAILED CONDITIONS FOR USING PREMISES
CITY OF CORPUS CHRISTI, TEXAS
LEASE & USE AGREEMENT
WITH THE WEST CORPUS CHRISTI ROTARY CLUB
This Exhibit A2 contains detailed conditions for using the Premises ("Premises")
defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI,
TEXAS Lease and Use Agreement with WEST CORPUS CHRISTI ROTARY CLUB.
1. Lessee Services and Responsibilities.
1.1
Boy Scouts. Annually Lessee will offer sponsorship of Boy Scout Troop 18 in
accordance with the governing rules of the South Texas Council of the Boy
Scouts of Amedca. Boy Scout Troop 18 activities are held at a Boy Scout hut on
the Premises and will be offered to all boys meeting eligibility requirements.
1.2 City Use. If Lessee is not using its Premises, City may use any or all of the
area.
1.3
Maintenance. Lessee must maintain the Premises and improvements
constructed thereon. If Lessee fails to perform maintenance tasks as
scheduled, or fails to perform repairs in a timely manner, City may do so and bill
Lessee. Lessee must pay City within 30 days after Director's wdtten demand.
At a minimum, maintenance includes:
a. Lessee shall pick up and propedy dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
Lessee shall keep the Premises (including any buildings, permanent or
temporary) operational and in good repair; including, but not limited to, all
improvements, irrigation systems and fair weather parking area.
Lessee must immediately report any vandalism to the Director, or his
designee, and the Corpus Chdsti Police Department, Nueces County,
Texas;
Lessee must keep safe and in good repair all improvements. Lessee must
make all repairs within 48 hours after the need for repair is, or should have
been discovered.
Lessee must keep any parking areas and access roads free of debds,
propedy designated, and free of potholes in accordance with standards
issued by the Director. Lessee must repair potholes using the appropriate
material, concrete or asphalt, within ten (10) working days after the need for
repair is or should have been discovered;
f. Lessee must ensure that parking is confined to designated areas;
H:~-EG-DIR~DoyteD.CuHis\MYDOCS~003.04\PARK&REC 27~Lease&Us.eAgreem[~D 11205DC.WastCC.RoLar~.BoyS cz3~tTrmop. Lease. UsaAgm L ExhbA2.dec
Page 2 of 2
Lessee must maintain the Premises within the Lease boundary lines. Grass
on the Premises must not exceed 6 inches. Failure to keep the grass below
6 inches shall be grounds for termination.
1.4
Registration, etc. Lessee will promote the program so that the public is aware
of the organization's activities. Lessee will conduct all registration, take all fees,
and schedule all meetings.
1.5
Utilities. Lessee must pay for ail utilities, such as electricity, water,
wastewater, and solid waste bills associated with its usage of the Premises.
Lessee must pay for all its phone bills.
1.6
Coml~laint Notice. Lessee will post a notice at Premises, in a form approved
by the Director, that if any participant or spectator has any complaints or
concerns they may contact the City at 826-3461 and talk to the Director, or
designee.
2. City Resl~onsibilities.
2.1 Debt Service. City will pay bond debt for Premises.
2.2 Maintenance. City will maintain the areas outside of the Premises determined
by this lease.
2.3 Capital Improvements. City will fund capital improvements determined by the
City that are needed at its discretion.
2.4 Contact Person. For the Lease, the City's contact person is the Director.
H:/LEG-DIR~ DoyJeD.C u rt~SU~IYDOCS~2003.04\PAR~&REC.27~_~ase&Us eAgreem~ 11205DC.WestCC.RoLary. BoyScoutTmop Lease,UseAgmb ExhbA2.doc
40
EXHIBIT B
CONSTITUTION and BYLAWS
of the
ROTARY CLUB OF WEST CORPUS CHRISTI
1 certify these documents to be true and correct and have not been amended.
Russell Campl:/~l, President
Date'
Oconstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
Article I Definitions
As used in this constitution, unless the context otherwise clearly requires, the
words in this article shall have the following meanings:
1. Board: The Board of Directors of this club.
2. Bylaws: The bylaws of this club.
3. Director: A member of this club's Board of Directors.
4. Member: A member, other than an honorary member, of this club.
5. RI: Rotary International.
6. Year: The twelve-month period which begins on 1 July.
Article Il Name
The name of this organization shall be Rotary Club of West Corpus Christi
(Member of Rotary International)
Article III Locality of the Club
The locality of this club is as follows: Corpus Christi, Texas.
Article IV Object
The Object of Rotary is to encourage and foster the ideal of service as a basis of
worthy enterprise and, in particular, to encourage and foster:
First. The development of acquaintance as an opporturdty for service;
Second High ethical standards in business and professions; the recognition of the
worthiness of all useful occupations; and the dignifying of each Rotarian's
occupation as an opportunity to serve society;
Third The application of the ideal of service in each Rotarian's personal,
business, and commurdty life;
Fourth. The advancement of international understanding, goodwill, and peace
through a world fellowship of business and professional persons united in
the ideal of service.
Article V Meetings
Section 1 -- Regular Meetings.
(a) Day and Time. This club shall hold a regular meeting once each week on the
day and at the time provided in the bylaws. * The bylaws of Rotary
International provide that each club admitted to membership in RI shall adopt
this prescribed standard club constitution. Article I; II; Ill; IV; V
(b) Change of Meeting. For good cause, the board may change a regular meeting
to any day during the period commencing with the day following the
preceding regular meeting and ending with the day preceding the next regular
meeting, or to a different hour of the regular day, or to a different place.
(c) Cancellation. The board may cancel a regular meeting if it falls on a legal
holiday or in case of the death ora club member, or of an epidemic or of a
Constitution of the RCWCC 1 of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
disaster affecting the whole community, or of an armed conflict in the
community which endangers the lives of the club members. The board may
cancel not more than four regular meetings in a year for causes not otherwise
specified herein provided that this club does not fail to meet for more than
three consecutive meetings.
Section 2 --Annual Meeting. An annual meeting for the election ofofficem shall
be held not later than 31 December as provided in the bylaws.
Article VI Membership
Section l -- General Qualifications This club shall be composed of adult
persons of good character and good business and professional reputation.
Section 2 --Kinds. This club shall have two kinds of membership, namely:
active and honorary. ** Interim Provision Relating to Section 2--
Notwithstanding the provisions of article VI, section 2, no one who was a member
of a Rotary club as of 1 July 2001 shall lose membership by reason of enactment
01-148 adopted by the 2001 Council on Legislation.
Section 3 -- Active Membership. A person possessing the qualifications set forth
in article V, section 2 of the RI constitution may be elected to active membership
in this club.
Section 4 -- Transferring or Former Rotarian. A member may propose to active
membership a transferring member or former member of a club, if the proposed
member is terminating or has terminated such membership in the former club due
to no longer being engaged in the fo,rrnerly assigned classification of business or
profession within the locality of the former club or the surrounding area. The
transferring or former member of a club being proposed to active membership
under this section may also be proposed by the former club.
Section 5 -- Dual Membership. No person shall simultaneously hold active
membership in this and another club. No person shall simultaneously be a
member and an honorary member in this club. No person shall simultaneously
hold active membership in this club and membership in a Rolm-act club.
Section 6 -- Honorary Membership.
(a) Eligibility for Honorary Membership. Persons who have distinguished them-
selves by meritorious service in the furtherance of Rotary ideals may be
elected to honorary membership in this club. The term of such membership
shall be as determined by the board. Persons may hold honorary membership
in more than one club.
Constitution of the RCWCC 2 of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
(b) Rights and Privileges. Honorary members shall be exempt from the payment
of admission fees and dues, shall have no vote, and shall not be eligible to
hold any office in this club. Such members shall not hold classifications, but
shall be entitled to attend all meetings and enjoy all the other privileges of this
club. No honorary member of this club is entitled to any rights and privileges
in any other club, except for the right to visit other clubs without being the
guest of a Rotarian.
Section 7 -- Holders of Public Office. Persons elected or appointed to public
office for a specified time shall not be eligible to active membership in this club
under the classification of such office. This restriction shall not apply to persons
holding positions or offices in schools, colleges, or other institutions of learning
or to persons who are elected or appointed to the judiciary. Members who are
elected or appointed to public office for a specified period may continue as such
members in their existing classifications during the period in which they hold
such office.
Section 8 -- Rotary International Employment. This club may retain in its
membership any member employed by RI.
Article VII Classifications
Section l -- General Provisions.
(a) Principal Activity. Each member shall be classified in accordance with the
member's business or profession. The classification shall be that which
describes the principal and recognized activity of the firm, company, or
institution with which the member is connected or that which describes the
member's principal and recognized business or professional activity.
(b) Correchon or Adjustment If the circumstances warrant, the board may correct
or adjust the classification of any member. Notice of a proposed correction or
adjustment shall be provided to the member and the member shall be allowed
a hearing thereon.
Section 2 -- Limitations. This club shall not elect a person to active membership
from a classificatmn if the club already has five or more members from that
classification, unless the club has more than 50 members, in which case, the club
may elect a person to active membership in a classification so long as it will not
result in the classification making up more than 10 percent of the club's active
membership. Members who are retired shall not be included in the total number of
members from a classification. If a member changes classification, the club may
continue the member's membership under the new classification notwithstanding
these limitations. ** lnterim Provision Relating to Section 2-- Notwithstanding
the provisions of article VII, section 2, no one who was a member of a Rotary
club as of 1 July 2001 shall lose membership by reason of enactment 01-148
Constitution of the RCWCC 3 of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
adopted by the 2001 Council on Legislation. (See footnote for Interim Provision
to article VI, section 2 of this constitution.)
Article VIII Attendance
Section 1 -- General Provisions. Each member should attend this club's regular
meetings. A member shall be counted as attending a regular meeting if the
member is present for at least 60 percent of the meeting, or is present and is called
away unexpectedly and subsequently produces evidence to the satisfaction of/he
board that such action was reasonable, or makes up for an absence in any of the
following ways:
(a) 14 Days Before ordfier the Meeting. If, within fourteen (14) days before or
after the regular time for that meeting, the member (1) attends at least 60
percent of the regular meeting of another club or of a provisional club; or (2)
attends a regular meeting of a Rotamct or Interact club or Rotary Community
Corps or of a provisional Rotaract or Interact club or Rotary Community
Corps; or (3) attends a convention of Ri, a council on legislation, an
international assembly, a Rotary institute for past and present officers of RI, a
Rotary institute for past, present, and incoming officers of Ri, or any other
meeting convened with the approval of the board of directors of RI or the
president of RI acting on behalf of the board of directors of RI, a Rotary
multi-zone conference, a meeting of a committee of Ri, a Rotary distr/ct
conference, a Rotary district assembly, any district meeting held by direction
of the board of directors of Ri, any district committee meeting held by
direction of the district governor, or a regularly announced intercity meeting
of Rotary clubs; or (4) is present at the usual time and place of a regular
meeting of another club for the purpose of attending such meeting, but that
club is not meeting at that time or place; or (5) attends and participates in a
club service project or a club-sponsored community event or meeting
authorized by the board; or (6) attends a board meeting or, if authorized by
the board, a meeting of a service committee to which the member is assigned.
When a member is outside the member's country of residence for more than
fourteen (14) days, the time restriction shall not be imposed so that the
member may attend meetings in another country at any time during the travel
period, and each such attendance shall count as a valid make-up for any
regular meeting missed during the member's time abroad.
(b) At the Time of the Meeting. If, at the time of the meeting, the member is (1)
traveling with reasonable direcmess to or from one of the meetings specified
in sub-subsection (a) (3) of this section; or (2) serving as an officer or
member of a committee of Ri, or a trustee of The Rotary Foundation; or (3)
serving as the special representative of the district governor in the formation
of a new club; or (4) on Rotary business in the employ of Ri; or (5) directly
and actively engaged in a district-sponsored or RI- or Rotary Foundation-
sponsored service project in a remote area where making up attendance is
Constitution of the RCWCC 4 of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
impossible; or (6) engaged in Rotary business duly authorized by the board
which precludes attendance at the meeting.
(c) Extended Absence on OutpostedAssignment. lfthe member, wh/le working
within the member's own country of residence for an extended period on an
out-posted assignment and with the mutual agreement of the member's club
and a designated club, attends meetings of the designated club.
Section 2 -- Excused Absences. A member's absence shall be excused if
(aL the absence complies with the conditions and under circumstances approved
by the board. The board may excuse a member's absence for reasons which it
considers to be good and sufficient.
Co) the aggregate of the member's years of age and years of membership in one or
more clubs is 85 years or more and the member has notified the club secretary
in writing of the member's desire to be excused from attendance and the board
has approved.
Section 3 --R] Officers'Absences. A member's absence shall be excused if the
member is a current officer of RI.
Section 4 --Attendance Records. Any member whose absences are excused
under the provisions of subsection (b) of section 2 of this article shall not be
included in the membership figure used to compute this club's attendance nor
shall such absences or attendances be used for that purpose.
Article IX Directors and Officers
Section 1 -- Governing Body. The governing body of this club shall be the board
constituted as the bylaws may provide.
Section 2 --Authority. The board shall have general control over all officers and
committees and, for good cause, may declare any office vacant.
Section 3 -- Board Action Final The decision of the board in all club matters is
final, subject only to an appeal to the club. However, as to a decision to terminate
membership, a member, pursuant to article XI, section 6, may either appeal to the
club or request arbitration. If appealed, a decision of the board shall be reversed
only by a two-thirds vote of the members present, at a regular meeting specified
by the board, provided a quorum is present and notice of the appeal has been
given by the secretary to each member at least five (5) days prior to the meeting.
If an appeal is taken, the action taken by the club shall be final.
Section 4 -- Officers. The club officers shall be a president, a president-elect, and
one or more vice-presidents, all of whom shall be members of the board, and a
Constitution of the RCWCC 5 of 10
OConstitution of the Rotary Club of West Corpus Christi
F~evised November 20, 2002
secretary, a treasurer, and a sergeant-at-arms, who may or may not be members of
the board as the bylaws shall provide.
Section 5 -- Election of Officers.
(a) Terms of Officers other than President. Each officer shall be elected as
provided in the bylaws. Except for the president, each officer shall take office
on 1 July immediately following election and shall serve for the term of office
or until a successor has been duly elected and qualified.
(b) Term of President. ~ae president shall be elected as provided in the bylaws,
not more than two (2) years but not less than eighteen (18) months prior to the
day of taking office. The president shall serve as president-elect for the year
immediately preceding the year as president_ The president shall take office on
1 July and shall serve for a period of one (1) year or until a successor has been
duly elected and qualified.
(c) Qualifications. Each officer and director shall be a member in good standing
of this club. The president-elect shall attend the district presidents-elect
training seminar and the district assembly unless excused by the governor-
elect. If so excused, the president-elect shall send a designated club
representative who shall report back to the president-elect.
Article X Admission Fees and Dues
Every member shall pay an admission fee and annual dues as prescribed in the bylaws,
except that any transfemng or former member of another club who is accepted into
membership of this club pursuant to article VI, section 4 shall not be required to pay a
second admission fee.
Article XI Duration of Membership
Section 1 -- Period Membership shall continue du~ing the existence of this club
unless terminated as hereinafter provided.
Section 2 -- Automatic Termination.
(a) Membership Qualifications. Membership shall automatically terminate when a
member no longer meets the membership qualifications, except that (1) the
board may grant a member moving from the locality of this club or the
surrounding area a special leave of absence not to exceed one (1) year to
enable the member to visit and become known to a Rotary club in the new
community if the member is still active in the same classification and
continues to meet all other conditions of club membership; (2) the board may
allow a member moving from the locality of this club or the surrounding area
to retain membership if the member remains active in the saxne classification
and continues to meet all other conditions of club membership; and (3) a
member whose classification is lost without default of the member may retain
such classification and be granted a special leave of absence not to exceed one
Constitution of the RCWCC 6 of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
(1) year to enable the member to obtain new employment in the current or a
new classification. Such member must continue to meet all other conditions of
club membership. Termination of membership would take effect only at the
end of the period of leave granted to the member.
(b) How to Rejoin. When the membership of a member has terminated as
provided in subsection (a) of this section, such person may make new
application for membership, under the same or another classification. A
second admission fee shall not be required.
(c) Termination of Honorary Membership. Honorary membership shall
automatically terminate at the end of the term for such membership as
determined by the board. However, the board may extend an honorary
membership for an additional period. The board may revoke an honorary
membership at any time.
Section 3 -- Termination -- Non-payment of Dues
(a) Process. Any member failing to pay dues within thirty (30) days after the pre-
scribed time shall be notified in writing by the secretary at the member's last
known address. If the dues are not paid on or before ten (10) days of the date
of notification, membership may terminate, subject to the discretion of the
board.
(b) Reinstatement. The board may reinstate the former member to membership
upon the former member's petition and payment of all indebtedness to this
club. However, no former member may be reinstated to active membership if
the former member's classification has been filled.
Section 4 -- Termination Non-attendance.
(~) Attendance Percentages. A member must (1) attend or make up at least 60
percent of club regular meetings in each half of the year; (2) attend at least 30
percent of this club's regular meetings in each half of the year. If a member
fails to attend as required, the member's membership shall be subject to
termination unless the board consents to such non-attendance for good cause.
(b) Consecutive Absences. Unless otherwise excused by the board for good and
sufficient reason or pursuant to article VIII, sections 2 or 3, each member who
fails to attend or make up four consecutive regular meetings shall be informed
by the board that the member's non-attendance may be considered a request
to terminate membership in this club. Thereafter, the board, by a majority
vote, may terminate the member's membership.
Section 5 -- Termination -- Other Causes.
(a) Good Cause. The board may terminate the membership of any member who
ceases to have the qualifications for membership in this club or for any good
cause by a vote of not less than two-thirds of the board members, at a meeting
called for that purpose.
Constitution of the RCWCC 7 of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
(b) Notice Prior to taking any action under subsection (a) of this section, the
member shall be given at least ten (10) days' written notice of such pending
action and an opportunity to submit a written answer to the board. The
member shall have the right to appear before the board to state the member's
case. Notice shall be by personal delivery or by registered letter to the
member's last known address.
(c) Filling Classification. When the board has terminated the membership of a
member as provided for in this section, this club shall not elect a new member
under the former member's classification until the time for hearing any appeal
has expired and the decision of this club or of the arbitrators has been
announced.
Section 6 -- Right to Appeal or Arbitrate Termination.
(a) Notice. Within seven (7) days after the date of the board's decision to
terminate membership, the secretary shall give written notice of the decision
to the member. Within fourteen (14) days after the date of the notice, the
member may give written notice to the secretary of the intention either to
appeal to the club or to arbitrate as provided in article XV.
Co) Date for Hearing of Appeal. In the event of an appeal, the board shall set a
date for the hearing of the appeal at a regular club meeting to be held within
twenty-one (21) days after receipt of the notice of appeal. At least five (5)
days' written notice of the meeting and its special business shall be given to
every member. Only members shall be present when the appeal is heard.
(c) Arbitration. In the event of a request for arbitration, each party shall appoint
an arbitrator and the arbitrators shall appoint an umpire. Only a member of a
Rotary club may be appointed as umpire or as arbitrator.
(d) Appeal. If an appeal is taken, the action of the club shall be final and binding
on all parties and shall not be subject to arbitration.
(e) Decision of Arbitrators or Umpire. If arbitration is requested, the decision
reached by the arbitrators or, if they disagree, by the umpire shall be final and
binding on all parties and shall not be subject to appeal.
Section 7 -- Board Action Final. Board action shall be final if no appeal to this
club is taken and no arbitration is requested.
Section 8 --Resignation. The resignation of any member from this club shall be
in writing, addressed to the president or secretary. The resignation shall be
accepted by the board if the member has no indebtedness to this club.
Section 9 -- Forfeiture of Property Interest. Any person whose club membership
has been terminated in any manner shall forfeit all interest in any funds or other
property belonging to this club.
Constitution of the RCWCC I~ of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
Article Xll Community, National, and International Affairs
Section l -- Proper Subjects. The merits of any public question involving the
general welfare of the community, the nation, and the world are of concern to the
members of this club and shall be proper subjects of fair and informed study and
discussion at a club meeting for the enlightenment of its members in forming their
individual opinions. However, this club shall not express an opinion on any
pending controversial public measure.
Section 2 -- No Endorsements. This club shall not endorse or recomanend any
candidate for public office and shall not discuss at any club meeting the merits or
demerits of any such candidate.
Section 3 -- Non-Political.
(a) Resolutions and Opinions. This club shall neither adopt nor circulate
resolutions or opinions, and shall not take action dealing with world affairs or
international policies of a political nature.
(b) Appeals. This club shall not direct appeals to clubs, peoples, or governments,
or circulate letters, speeches, or proposed plans for the solution of specific
international problems of a political nature.
Section 4 -- Recognizing Rotary's Beginning. The week of the anniversary of
Rotary's founding (23 February) shall be known as World Understanding and
Peace Week. During this week, this club will celebrate Rotary service, reflect
upon past achievements, and focus on programs of peace, understanding, and
goodwi/1 in the community and throughout the world.
Article XlII Rotary Magazines
Section 1 -- Mandatory Subscription. Unless, in accordance with the bylaws of
RI, this club is excused by the board of directors of Ri from complying with the
provisions of this article, each member shall, for the duration of membership,
subscribe to the official magazine or to the magazine approved and prescribed for
this club by the board of directors of RI. The subscription shall be paid in six (6)
month periods for the duration of membership in this club and to the end of any
six (6) month period during which membership may terminate.
Section 2 -- Subscription Collection. The subscription shall be collected by this
club from each member semiannually in advance and remitted to the Secretariat
of Ri or to the office of such regional publications as may be determined by the
board of directors of RI.
Article XIV Acceptance of Object and Compliance with Constitution and
Bylaws
Constitution of the RCWCC 9 of 10
OConstitution of the Rotary Club of West Corpus Christi
Revised November 20, 2002
By payment of an admission fee and dues, a member accepts the principles of Rotary as
expressed in its object and submits to and agrees to comply with and be bound by the
constitution and bylaws of this club, and on these conditions alone is entitled to the
privileges of this club. Each member shall be subject to the terms of the constitution and
bylaws regardless of whether such member has received copies of them.
Article XV Arbitration
Should any dispute, other than as to a decision of the board, arise between any current or
former member(s) and this club, any club officer or the board, on any account whatsoever
which cannot be settled under the procedure already provided for such purpose, the
dispute shall be settled, upon a request to the secretary by any of the disputants, by
arbitration. The procedure utilized for such arbitration shall be as provided in article XI,
section 6, subsections (c) and (e).
Article XVI Bylaws
Tiffs club shall adopt bylaws not inconsistent with the constitution and bylaws of RI, with
the rules of procedure for an administrative territorial unit where established by RI, and
w/th this constitution, embodying additional provisions for the government of this club.
Such bylaws may be amended from time to time as therein pro-vided_
Article XVll Interpretation
Throughout this constitution, the terminology "mail," "mailing," and "ballot-by-mail"
will include utilization of electronic mail (e-mail) and intemet technology to reduce costs
and increase responsiveness.
Article XVIII Amendments
Section 1 --Manner of Amending. Except as provided in section 2 of this article,
this constitution may be amended only by the council on legislation'm the same
manner as is established in the bylaws of RI for the amendment of its bylaws.
Section 2 -- Amending Article H and Article IIX Article II (Name) and Article III
(Locality of the Club) of the constitution shall be amended at any regular meeting
of this club, a quorum being present by the aft-m-native vote of a majority of
members present and voting, provided that notice of such proposed amendment
shall have been mailed to each member at least ten (10) days before such meeting,
and provided further, that such amendment shall be submitted to the board of
directors of RI for its approval and shall become effective only when so approved.
Constitution of the RCWCC 10 of 10
BYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised O~ober 4, 2002
Article I
Election of Directors and Officers
SECTION 1: At a regular meeting one month prior to the meeting for election of officers, the presiding
officer shall ask for nominations by members of the club for president, president-elect,
secretary, treasurer, sergeant-at-arms and 4 members of the board of directors. The
nominations may be presented by a nominating committee or by members from the floor, by
either or both, as the club may determine. If it is determined to have a nominating committee,
such committee shall be appointed by the president. The nominations duly made shall be
placed on a ballot in alphabetical order under each office and shall be voted for at the annual
meeting. The candidates for president, president-elect, secretary, treasurer and sergeant-at-
arms receiving a majority of the votes shall be declared elected to their respective offices. The
4 candidates for director receiving a majorily of the votes shall be declared elected as directors.
The president-elect elected in such balloting shall serve as a member of the board as
president-elect for the year commencing on the first day of July next following his/her election,
and shall assume office as president on the first day of July immediately following his/her year
of service on the board as president-elect,
SECTION 2: The officers and directors so elected, together with the immediate past president shall
constitute the board of directors.
SECTION 3: A vacancy in the board of directors or any office shall be filled by action of the remaining
members of the board.
SECTION 4: A vacancy in the position of any officer-elect or director-elect shall be filled by action of
the remaining members of the board of directors-elect.
Article II
Board of Directors
The governing body of this club shall be the board of directors consisting of 1 0 members of this club,
namely 4 directom elected in accordance with Adicle I, Section 1, of these by-laws, the president,
president-elect, secretary, treasurer, sergeant-at-arms, and the immediate past president.
Article III
Duties of Officers
SECTION 1: President. It shall be the duty of the president to preside at meetings of the club, the
meetings of the board, and to perform such other duties as ordinarily pertain to the office of
president.
SECTION 2: President-elect, It shall be the duty of the president-elect to preside at meetings of the
club and board in the absence of the president and to perform such other duties as ordinarily
pedain to his/her office, The president shall appoint the president-elect to oversee and
Page -1 -
~~ ~ r~'~ BYLAWS OF THE ROTARY CLUB OF
WEST COR.US C.R Sn
.~ Revised October 4, 2002
coordinate the work of classifications, membership, membership development, and Rotary
Information. The president shell, subject to the approval of the board, appoint any committees
on any particular phases of the President-elect responsibilities to address: Membership
Membership Development
Project Fund
and shall appoint one member each year to the following:
Classifications
Rotary Information
Where feasible and practicable in the appointment of club committees, there should be
provision for continuity of membership, either by appointing one or more members for a second
term or by appointing one or more members to a two-year term.
The classifications, Rotary Information and nominating committees shall each consist of three
members, one member of each committee to be appointed each year for a term of three years.
The first appointments made under this provision shall be as follows: One member for a term of
one year; one member for a term of two years; one member for a term of three years.
SECTION 3: Secretary. It shall be the duty of the secretary to keep the records of membership,
record the attendance at meetings, send out notices of meetings of the club, board and
committees, record and preserve the minutes of such meetings, make the required reports to
Rotary International, including the semiannual repods of membership, which shall be made to
the general secretary of Rotary International on January 1st and July 1st of each year, and
including prorated reports to the general secretary on October 1 and April 1 of each active,
and past service member who has been elected to membership in the club since the start of the
July or January semiannual reporting pedod, the report of changes in membership, which shall
be made to the general secretary of Rotary International, the monthly report of attendance at
the club meetings, which shall be made to the distdct governor within 15 days of the last
meeting of the month, collect and remit to Rotary International subscriptions to THE
ROTARIAN, and perform such other duties as usually pedain to the office secretary.
SECTION4: Treasurer. Itshallbethedutyofthetreasurertohavecustodyofallfunds, accounfing
for same to the club annually and at any other time upon demand by the board, and to perform
such other duties as pertain to the office of treasurer . Upon retirement from office, the
treasurer shall turn over to the incoming treasurer or to the president all funds, books of
accounts, or any other club property in his/her possession.
SECTION 5: Sergeant-at-arms. The duties of the sergeant-at-arms shall be such as are usually
prescribed for such office and such other duties as may be prescribed by the president or the
board.
Article IV
Meetings
Page -2-
BYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised October 4, 2002
SECTION 1: Annual meeting. An annual meeting of this club shall be held on or before
December 31st of each year al which time the election of officers and directors to serve for
the ensuing year shall take place.
SECTION 2: The regular weekly meetings of this club shall be held on Friday at 12:00 Noon; the
agenda is to commence at 12:15 PM, and the meeting is to conclude at 1:00 PM or as close
to 1:00 PM as is feasible. Due notice of any changes in canceling of the regular meeting
shall be given to all members of the club. All members excepting an honorary member (or
member excused by the board of directors of this club, pursuant to article VIII, section 2b of
the standard Rotary club constitution) in good standing in this club, on the day of the regular
meeting, must be counted as present or absent, and attendance must be evidenced by the
member's being present for at least sixty (60) percent of the time devoted to the regular
meeting, either at this club or at any other Rotary club, or as otherwise provided in the
standard Rotary club constitution, article VIIL section 1.
SECTION 3: One-third of the membership shall constitute a quorum at the annual and regular
meetings of this club.
SECTION 4: Regular meetings of the board shall be held once each month. Special meetings of the
board shall be called by the president, whenever deemed necessary, or upon the request of
two members of the board, due notice having been given.
SECTION 5: A majority of the board members shall constitute a quorum of the board.
Article V
Fees and Dues
SECTION 1: The admission fee shall be $100.00 lo be paid before the applicant can qualify as a
member.
SECTION 2: The membership dues shall be $250.00 per annum, payable semiannually on the 15th
day of July and of January, with the understanding that six dollars ($6.00) of each semi-annual
payment shall be applied to each member's subscription to THE ROTARIAN magazine.
' Article VI
Method of Voting
The business of this club shall be transacted by viva voca vote or at the president's discretion, by
ballot, except the election of officers and directors which shall be by ballot.
Article VII
Committees
Page-3-
OBYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised October 4, 2002
SECTION 1:
(a) The president shall, subject to the approval of the board, appoint the following standing
committees:
Club Service Committee
Community Service Committee
international Service Committee
Vocational Service Committee
(b) The president shall, subject lo the approval of the board, also appoint such committees on
particular phases of club service, community service, international service and vocational
service as he/she may deem necessary.
(c) The club service committee, community service committee, the international service
committee and the vocalional service committee shall each consist of a chairman, who shall be
named by the president from the membership of the board, and of not less than two other
members.
(d) The president shall be ex-officio a member of all committees and, as such, shall have all the
privileges of membership.
(e) Each committee shall transact such business as is delegated to it in the bylaws and such
additional business as may be referred to it by the president or the board. Except where special
authority is given by the board, such committees shall not take action until a report has been
made to the board and approved by the board.
(0 The president may appoint one or more committees dealing with various aspects of youth
activities, which, depending on their respective responsibilities, may be under any, or all of the
vocational service, community service, or international service committees. Where feasible and
practicable in the appointment of such committees, there should be provision for continuity of
membership, either by appointing one or more members for a second term or by appointing one
or more members to a two-year term.
SECTION 2: Club Service Committee.
(a) The chairman of the club service committee shall be responsible for all club service activities
and shall supervise and coordinate the work of all committees appointed on particular phases
of club service.
(b) The club service committee shall consist of the chairman of the club service committee and
the chairmen of all committees appointed on particular phases of club service.
(c) The president shall, subject to the approval of the board, appoint any committees on any
particular phases of club service to address:
Attendance Committee
Club Bulletin Fellowship
Magazine
Program
Public Relations
Long Range Planning
Page -4-
OBYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised Oc[ober 4, 2002
Nominating
and shall appoint any other committees that he/she may deem necessary for the internal
administration of club affairs.
SECTION 3: Community Service Committee.
(a) The chairman of the community service committee shall be responsible for all
community service activities and shall supervise and coordinate the work of all committees
appointed on particular phases of community service.
(b) The community service committee shall consist of the chairman of the community
service committee and the chairmen of all committees appointed on particular phases of
community service.
(c) The president shall, subject to the approval of the board, appoint any committees on any
particular phases of community service to address:
Human Development
Community Development
Fund Raising
Partners in Service
SECTION 4: Vocational Service Committee.
(a) The chairman of the vocational service committee shall be responsible for all vocational
service activities and shall supervise and coordinate the work of all committees appointed
on particular phases of vocational service.
(b) The vocational service committee shall consist of the chairman of the vocational service
committee and the chairmen of all committees appointed on particular phases of vocational
service.
(c) The president shall, subject to the approval of the board, appoint the any committees on
any particular phases of vocational service to address:
Rotary Volunteers
Vocations at Work
Career Development
Vocational Awareness & Recognition
SECTION 5: International Service Committee.
a) The chairman of the international service committee shall be responsible for all
international service activities and shall supervise and coordinate the work of all activities
on any particular phases of international service,
(b) The international service committee shall consist of the chairman of the international
service committee and the chairmen of all committees appointed on padicular phases of
club service.
(c) The president shall, subject to the approval of the board, appoint the any committees
on any particular phases of international service to address:
World Community Service
Rotary Foundation
Page-5-
OBYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised October 4, 2002
International Youth Projects
World Health
Article VIII
Duties of Committees
SECTION 1: Club Service Committee. This committee shall devise and carry into effect plans which
will guide and assist the members of this club in discharging their responsibilities in matters
relating to club service. The chairman of the club service committee shall be responsible for
regular meetings of the committee and shall report to the board on all club service activities.
(a) Attendance. A means for encouraging attendance at all Rotary meetings--including
attendance at district conferences, intercity meetings, regional conferences, and international
conventions by all club members shall be devised. Attendance at regular meetings of this club
and attendance at regular meetings of other clubs when unable to attend meetings of this club
shall be encouraged; informed on attendance requirements shall be kept; promote better
incentives for good attendance; and seek to ascertain and remove the conditions that con~ibute
to unsatisfactory attendance.
(b) Classifications. Proper classification of each proposed member shall be assigned and
reviewed. A classification survey shall be conducted no later than August 31 of each year, and
a roster of filled and unfilled classifications shall be formulated in accordance the classification
principle. The Board shall be counseled on all classification problems.
(c) Club Bulletin A weekly club bulletin shall be published to stimulate interest and improve
attendance, announce the program of the forthcoming meeting, relate highlights of previous
meeting, promote fellowship, contribute to the Rotary education of all members, and report
news of the club, of its members and of the worldwide Rotary program.
(d) Fellowship Activities. Fellowship activities shall promote acquaintance and friendship among
the members, promote participation by members in organized Rotary recreational and social
activities, and such work in pursuance of the general object of the ctub as may be assigned by
the president or the board.
(e) Membership All proposals for membership from the personal side and shall thoroughly
investigate the character, business, social and community standing, and general eligibility of all
persons proposed for membership shall be considered and shall report on all applications to the
board.
(f) Membership Development The club roster shall be continually reviewed for filled and
unfilled classifications and positive action taken to initiate and present to the board the names
of suitable persons to fill unfilled classifications.
(g) Program. An interesting and stimulating program shall be prepared for regular and special
meetings of the club.
(h) Public Relations A strategy shall be devised to carry into effect, plans (1) to give the public
general information about Rotary, its history, object, and scope; and (2) to secure proper
publicity for the club.
(i) Rotary Information All prospective members shall be informed about the privileges and
responsibilities of Rotary club membership; members shall be kept informed about the history,
Page-6-
OBYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised Oclober 4, 2002
object, and activities of Rotary at all levels; and the orientation of new members dudng their first
year in the club shall be overseen.
O) The Long Range Planning This commiffee shall be composed of the following members: club
secretary (chairman) president, president-elect, past-president, Club Service Avenue
Chairman, Long Range Planning Committee Chairman and two members-at-large The
members at large will be appointed by the president and serve a one year term and they can be
re-appointed to serve by any president during his/her term. This committee shall meet at least
annually for review of goals; however, the committee may meet as often as necessary to review
the direction of the club in attaining the goals as defined by the Long Range Planning
Committee.
(h) Magazine Reader interest in THE ROTARIAN shall be stimulated: sponsor a magazine
month; arrange for brief monthly reviews of the magazine on regular club programs; encourage
the use of the magazine in the induction of new members; provide a copy of the magazine for
non-Rotarian speakers; secure international service and other special subscriptions for
libraries, hospitals, schools, and other reading rooms; send news items and photographs to the
editor of the magazine; and in other ways make the magazine of service to the club members
and non-Rotarians
SECTION 2: Vocational Service Committee. This committee shall devise and carry into effect plans
which will guide and assist the members of this club in discharging their responsibilities in their
vocational relationships and in improving the general standards of practice in their respective
vocations. The chairman of this committee shall be responsible for the vocational service
activities of the club and shall supervise and coordinate the work of any committees that may
be appointed on particular phases of vocational service.
(a) Rotary Volunteers. Community projects needing volunteers shall be identified, such as the
Salvation Army, Beautify Corpus Christi, Angel Tree, etc, and recruit member and non-member
volunteers for these projects. The membership shall be kept informed on projects needing
volunteers through announcements, club bulletin and any other means necessary.
(b) Vocations at Work. The Four-Way Speech Contest shall be conducted, projects/activities to
address illiteracy, drug/alcohol abuse and programs to emphasize Rotary ideals throughout the
business community shall be developed.
(c) Career Development. Projects such as the Career Shadowing project, and the Texas
Scholars project should be developed to use members experience to help others, especially
youth, find a job.
(d) Vocational Awareness and Recognition. This committee shall coordinate with the program
chairman to have members give a classification talk to educate the membership about the
various occupations, help plan programs to focus on emerging new vocations or major changes
in employment requirements and develop ways to recognize those who achieve vocational
excellence. The membership shall be educated about the various occupations, emerging new
vocations or major changes in employment requirements and ways to recognize those who
achieve vocational excellence. The committee shall continue the recognition program of the
safety officers or recommend a similar activity.
Page -7-
OBYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised Oclober 4, 2002
SECTION 3: Community Se~vice Committee. This committee shall devise and carry into effect plans,
which will guide and assist the members of this club in discharging their responsibilities in their
community relationships. The Chairman of this committee shall be responsible for the
community service activities of the club and shall supervise and coordinate the work of any
committees that may be appointed on particular phases of community service, which may or
may not include but is not limited to the creation of the following committees:
(a) Human Development A plan shall be devised and carried into effect which will guide and
assist the members of this club in dealing within the community with the welfare of human
beings of all kinds throughout the whole span of life by providing assistance and support to
those in need.
(b) Community Development A plan shall be devised and carried into effect which will guide
and assist the members of this club in working to make the community a better place to live by
improving the physical condition of the community and its facilities.
(c) The Fund Raising Committee. This committee shall have a chairperson and a vice
chairperson to promote the continuity of the committee's efforts and effectiveness from year to
year. The vice chairperson shall accepts this position with the understanding that he/she will
ascend to the chairperson position the following Rotary Year.
(d) Partners in Service Committee. A plan shall be devised and carried into effect which will
guide and assist the members of this club in building relationships with other Rotary-sponsored
organizations within the community and in cooperating with them in service.
SECTION 4: Intemational Service Committee. This committee shall devise and carry into effect plans
which will guide and assist the members of this club in discharging their responsibilities in
matters relating to international service. The chairman of this committee shall be responsible
for the international service activities of the club and shall supervise and coordinate the work on
any particular phases of international service.
(a) Wodd Community Service. Wodd Understanding Month (February) through a recommended
program shall be promoted, a program in recognition of the anniversary of Rotary (February 23)
shall be developed and World Community service projects shall be developed and carried out
possibly with other area Rotary clubs.
(b) Rotary Foundation. The increase in per capita giving to the foundation shall be promoted
and new strategies for raising Foundation giving shall be developed. Members should attend
and be an active participant in national and distdct seminar of the Foundation. A club activity
program for Rotary Foundation month (November) shall be planned and carded out.
(c) International Youth Projects. International Youth Exchange, Group Study Exchange, Rotary
Friendship Exchange and the Ambassadorial Scholarship programs shall be promoted.
international students enrolled in the local schools should be sought out and invited to visit the
club.
(d) World Health. The members shall coordinate with other health organization to promote
Shots Across Texas or any other health related activities.
Article IX
Leave of Absence
Page-8-
OBYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised October 4, 2002
Upon written application to the board, setting forth good and sufficient cause, leave of absence may be
granted excusing a member from attending the meetings of the club fora specified length of time (upto
six months at a time). (Note: Such leave of absence does operate to prevent a forfeiture of
membership; it does not operate to give the club credit for the member's attendance. Unless the
member attends a regular meeting of some other club, the excused member
must be recorded as absent except that absence authorized under the provision of Art. VII, Sec.3 of
the standard Rotary club constitution is not computed in the attendance record of the club.)
ArLicle X
Finances
SECTION 1: The treasurer shall deposit all funds of the club in some bank to be named by the board.
SECTION 2: All bills shall be paid only by checks signed by one of the following: treasurer,
president, president-elect or secretary. All of the club's financial transactions shall be reported
to the board of directors for review to ensure funds are propedy handled. The board of
directors shall take any action necessary ensure fiscal responsibility of club funds.
SECTION 4: The fiscal year of this club shall extend from July 1st to June 30th, and for the collection
of members' dues shall be divided into two semiannual pedods extending from July 1st to
December 31st, and from January 1st to June 30th. The payment of per capita dues and
magazine subscriptions to Rotary International shall be made on July 1st and January 1 st of
each year on the basis of the membership of the club on those dates. (Note: Magazine
subscriptions for members joining during a semiannual period are payable upon invoice from
the secretary).
SECTION 5: At the beginning of each fiscal year the board shall prepare or cause to be prepared a
budget of estimated income and estimated expenditures for the year, which, having been
agreed to by the board, shall stand as the limit of expenditures for the respective purposes
unless otherwise ordered by action of the board.
Article Xl
Method of Electing Members
(For All Kinds of Membership)
SECTION 1: The name of a prospective member proposed by an active, senior active o[ the club
or by the membership development committee, shall be submitted to the board in wdting,
through the club secretary. A transferring or former member of another club may be
proposed to active membership by the former club. The proposal for the time being shall be
kept confidential except as otherwise provided in this procedure.
SECTION 2: The board shall ensure that the proposal meets all the classification and membership
requirements of the club constitution.
Page -9-
SECTION 3: The board shall consider and approve or disapprove the recommendations of the
classifications and membership committees and shall then notify the proposer, through the
club secretary, of its decision within 30 days of submission of the proposal.
BYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised October 4, 2002
SECTION 4: If the decision of the board is favorable, the proposer, together with one or more
members of the Rotary information committee, shall inform the prospective member of: the
purposes of Rotary and of the privileges and responsibilities of membership in the dub,
following which the prospective member shall be requested to complete and submit an
application [or membership and to give his/her permission for his/her name and proposed
classification to be published to the club.
SECTION 5: If no written objection to the proposal, stating reasons, is received by the board from
any member (other than honorary) of the club within 7 days following publication of the
name of the prospective member, the prospective member, upon payment of the admission
fee(if not honorary membership) as prescribed in these by-laws, shall be considered to be
elected to membership. If any objection has been filed with the board, it shall vote on this
matter at its next meeting If approved despite the objection, the proposed member, upon
payment of the admission fee (if not honorary membership), shall be considered to be
elected to membership.
SECTION 6: Following the election, the president shall arrange for the induction of the new
member; the club secretary shall issue a membership card and shall report the new
member to RI; and the Rotary information committee shall provide appropriate literature for
presentation at the induction and assign a member to assist in the assimilation of the new
member.
Article Xll
Resolutions
No resolution or motion to commit this club on any matter shall be considered by the club until it has
been considered by the board. Such resolutions or motions offered at aclub meeting, shall be referred
to the board without discussion.
Article Xlll
Order of Business
· Meeting called to order.
· Invocation.
· Pledge of Allegiance
· Song
· Introduction of visiting Rotarians.
· Correspondence and announcements.
· Committee reports if any.
· Any unfinished business.
Page-lO-
BYLAWS OF THE ROTARY CLUB OF
WEST CORPUS CHRISTI
Revised October 4, 2002
· Any new business.
· 50/50 Raffle
· Address or other program features.
· Four-Way Test recited
· Adjournment.
Article XlV
Amendments
These bylaws may be amended at any regular meeting, a quorum being present by a two-thirds
vote of all members present, provided that notice o[ such proposed amendment shall have been mailed
to each member at least ten days before such meeting. No amendment or addition to these bylaws can
be made which is not in harmony with the club constitution and bylaws ol~ Rotary International.
Revised and approve~Ll~y the club on ~~/o¢~ ~ ~
Secretary Date
Page -11-
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
Lessee must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. Lessee
must not allow any subcontractor to commence work until all similar insurance required of
any subcontractor has been obtained.
Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the
City's Risk Manager. The City must be named as an additional insured on the General
Liability policy, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, material Bodily Injury and Property Damage
change, non-renewal, or termination and 10 day Per occurrence aggregate
written notice of cancellation for non-payment
of premium is required on all certificates
Commercial General Liability including:
2.
3.
4.
5.
6.
7.
Commercial Form
Premises - Operations
Products/Completed Operations Hazard
Contractual Liability
Broad Form Property Damage
Independent Contractors
Personal Injury
$1,000,000 COMBINED SINGLE LIMIT
In the event of accidents of any kind, Lessee must fumish the Risk Manager with copies
of all reports of such accidents within 10 days of the accident.
ADDITIONAL REQUIREMENTS
Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General
Liability coverage and a blanket waiver of subrogation is required on all applicable
policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom dght) must be amended by adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording after
"left".
H:\LEG-DIR\O~jaR\Doyte~Park & Rec~0~,4\031104DC.Wes~;C.Rolary. ClubBoy. Sc~uts.ln$.Req.doc
3. The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice to the Risk Manager of cancellation, material
change, non-renewal or termination and a 10 day written notice of cancellation for
non-payment of premium is required.
If the Certificate of Insurance does not show on its face the existence of the coverage
required by items I.B (1)-(7), an authorized representative of the insurance company
must include a letter specifically stating whether items 1.B. (1)-(7) are included or
excluded.
West CC Rotary Club Lease for Boy Scouts ins. req.
2 19-04 ep Risk MgmL
H:\LEG-DIR\OlgaR~)oyte\Park & Rec\2004\031104DC.WestCC,Rolary. ClubBoy. Sc:outs.lns. Req.doc