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Home My WebLink About05699 ORD - 03/16/1960JKH:2 -17 -60 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUSCHRISTI, TO EXECUTE A LEASE AGREEMENT WITH L. E. NEAL WHEREBY THE CITY I5 TO LEASE, ON A NO COST BASIS, A TRACT OF LAND MORE FULLY DESCRIBED HEREINAFTER FOR THE OPERATION OF A SANITARY FILL, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OFCORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH L. E. NEAL WHEREBY THE CITY IS TO LEASE, ON A NO COST BASIS, A TRACT OF LAND, IN NUECES COUNTY, TEXAS, MORE PARTI- CULARLY DESCRIBED AS FOLLOWS, TO -WIT: A TRACT OF LAND OUT OF LOT 8 SECTION E OF THE PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE 28, MAP RECORDS OF NUECES COUNTY, TEXAS, MORE PARTI- CULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN 4.23 ACRE TRACT OF LAND CONVEYED TO THE CITY OF CORPUS CHRISTI BY DEED DATED JANUARY 21, 1952, AND RECORDED IN VOL. 539, PAGE 203, DEED RECORDS OF NUECES COUNTY, TEXAS; THENCE S. 50° 32' E, A DISTANCE OF 290 FEET MORE OR LESS AT A POINT IN THE WEST BOUNDARY LINE OF THAT CERTAIN 9.12 ACRE TRACT OF LAND CONVEYED TO R. L. FALTINSON BY DEED DATED JANUARY 5, 1952, OF RECORD IN VOL. 539, PAGE 200, DEED RECORDS OF NUECES COUNTY, TEXAS; THENCE N 28° 20' E WITH THE WEST BOUNDARY LINE OF SAID 9.12 ACRE TRACT AND ITS EXTENSION THEREOF 370 FEET MORE OR LESS TO A POINT IN THE SOUTH BOUNDARY LINE OF LOT 10 OF THE LYLE SUBDIVISION OF LOTS 1 AND 2 SECTION E, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT; THENCE N 61° 40' W WITH THE SOUTH BOUNDARY LINE OF SAID LOT 10 LYLE SUBDIVISION, A DISTANCE OF 285 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID 4.23 ACRE TRACT; THENCE 28° 20',WWITH THE EAST BOUNDARY LINE OF SAID 4.23 ACRE TRACT, A DISTANCE OF 314.36 FEET TO THE PLACE OF BEGINNING, FOR THE OPERATION OF A SANITARY FILL, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. 5S99 • SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT AS OUT- LINED HEREINABOVE SO THAT THE PROPERTY MAY BE UTILIZED FOR THE PUR- POSES HEREIN DESCRIBED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THEI Y DAY OF FEBRUARY, 1960. ATTEST: MAYOR THE CITY OF APPROVED AS TO LEGAL FORM THIS )DAY OF FEBRUARY, 1960: CITY ATTORNEY,, PUS CHRIS , TEXAS W0P:ANa2 -16 -60 THE STATE OF TEXAS SANITARY LANDFILL INDEMNIFICATION AND RELEASE- IN'SEHALF OF THE CITY or CORPUS -- COUNTY OF 'NUECES CHRISTI, TEXAS: KNOW ALL AEN BY THESE PRESENTS THAT THE UNDEMSIONCO L. E. NEALJ sF ;TNE'CDURTY f1' NucCti, S'TATC or TEXAS. IS THE DOLE OWNER OF ALL TMAT CERTAIN TRACT+ PIECE 01 PARCEL •OF LAND, LTINS AND`SE4NS SITUATCS IN THE COUNTY.OF NUEC(3, STALE of TSXA$, AND NONE DESCI155 •FOLLiwl,'TO -WIT; s - A TRAIT OF LAND.ouT or LOT 8 SEtrION E -OF THE PAISLCYTO SUBDIVISION OF_ -7145 HOFFMAN TRACT As SHOWN lY NAP 01 -PLAT OF R5CORD 1M VOL. A PASS 28, NAP REC0Ros OF: MOECEa.COUNTY, 'TEXAS,; IIDOE PARTICULAALT DESCIIIRED *Y -14577( Aso OOUNDII A3 FOLLOI s: -. SEOINNINO AT THE 5OUTNEAST CoRREROF.TNAT CERTAIN,' 4.23 ACRE TRACT OF,LAIID CONVEYED -70 THE CITY OF CORPUS CHRISTI SY DEED DATED JANUARY 21, 1952,. -AND RECORDED IN VOL. 539, PAIS 203,. DIES RcCARDD or: Nuccts Coa11TY,- 444$3 ° HrOct 5 50. 32' E1. A OISTANC5 0F:290 1'tIT'MAR5 sR LESS AT A POINT IN'TUE WEST 'YOUNOARY'LINE OFTIONI -' CERTAIN 9.12 ACRE TRACT OF LAND CDNVEYEO TO R..:L";_' FALTINDON SY DEED DATED JANUARY 5, -1552 or wore 114 Yoe.. 539, FA1i5 200, Otto RtcoRUS of Hummms: Coeur', TEXA3y. Toltec( N 284.40114 WITH THE WEt3T SOUNDARY LINE Of :SAID 9.12 ACRE TRACT MOATS furemslom THERCOF- 370 0EE7 MORE OR 15$5- TO A POINT 111700 `SOUTH SOUNDARY `' LINE OF LOT 10 OF - -TME Luc $USDlvISION OF LOTS 1- AND 2 SEciioN E, PAI*LSY's SuSDiv1 #IOM OF tee HOFFNAA TRACTy 715155 N 61 •-110' 10 WITH *wt SDInII-ROUNDAIIY 1.1115 Of SA10 LOT 10 LYLE SUS010$ Io1, 0 DISTANCE OF 285 ' FEET NOot SR L53S 70 TNt NoRT*,EAsT,: CORNER,or. A10 1.23 ACRE T1U141) TRENcc $ 28' 20' W WITH TOE EAET-SOUNDAAY LINE OF- SAID 1{.23 ACRE TIMACY, A Dis7ANC5- OF.314.36 05(T TO', 744E PLACE of 8EO_INBINO• '' THAT TNE,ADDYE DEsC11SE0- REALTY OF 1.'E. NcAL boua -RAVL Plrs, - NOLt3, DEPRE5sIOIIS AND ERCAVATi`1s IM AND UPON IT UIIICH 7145 DAIS L. E.'' HEAL DES1153 TILE CITY OF CORPUS Cenier1, • TEXAS,;TO 01LL WITH SAROAOE 01 AIRY 100 ALL T7PES. AND NIND5 OR OF .ANY .OT11(R OSTANCE SR NATTS1 MNIrDI IS TO•SE 551.50750 SOLELY ST _5A4S.CtTY -AND TO._ FILLED SOLELY -SY AND,IM - -THE MANNER PRE1CRISED 57 -TKE -CITY or Conroe CN11syt,, •TEXAS, -A1 3*11MTARV LAND'Fiu.s. THAT THE SAID to Ew -NEA1, MIS MEMO AND ASSIGNS, FOR AND -. IN CONSIDERATION OF`THE CITY Of CORPUS CHRISTI, TEXAS,'URDERTA*INS THE DAMlTARY -LAND FALLS of THE REALTY DEOCRIRED AIIOYE, AOREE'AMD RIND' THEMSELVES TO INDEMNIFY, HOLD MASNLE00, ASSUME C000LCTE REOPONSIOILITY -FOR, OFFEND, AND 00 HEREBY RELEASE wog CITY Of CORPUS CHRISTI, TEXAS, ITS ARt$T$,ANO EMPLOYEES, AGAINST ANY -AND ALL comps, ACT1003, BUTTS 0R DEMANDS tiliAT30tvcf THAT MAY ARISE AND/OA ACCRUE WHILE IN THE ACTUAL PROCESS or_ cooPLErloOs 011. THAT NAT ARISE AT ANY TIME IN THE FUTURE EMANATING FROM OR AS THE RESULT OF TOE COMPLETED INSTALLATION OF -.SAID SANITARY LAND FILLS, PROVIDED, THE CITY of Como Ci4Rt$T1, TEXAS ASSUME ANY AND ALL RIOS TO 17304F, ;TO moms, SERVANTS AND EMPLOYEES. IN THE (MECHANICAL PROCESS OF FILLING SUCH P.TS, HOLES, DEPRESSIONS OR. • EXCAVATIONS; AND PROVIDED 06447010 THAT THE SAID L. C. NEAL SHALL NOT OE LIABLE FOR ACT. OF- M6040EMCE SY THE -CITY OF CORPUs.CHRISTI, TEXAS, ITS *3ENT3, .SERVANTS AMD EMPLOYEES, SESULTIN0 IM ocoottgawo wows - QM PROPERTIES, IN THE'I$CHAM1CAL PROCESS Of FILLING SUCK PITS,-MOLES AND EXCAVATIONS; AND PROVIDED FURTHER, THAT IT IS DISTINCTLY UNDRRST0o0 THAT wet cost SUCH FILL NA0 TEEM COMPLETED ST THE CITY .0f CORPUS CHR16TIi TEXAS, THEM THE INOEMNIFICATIOM AGREEIOZNT, IMSOFAo AS ANY DAMAGES Of WHATSOEVER MATURE ACCRA /NS AFTER THAT DATE, SHALL APPLY AND THE SAID L. E. NEAL SHALL SE FULLY L1A3LE THEREFOR. THE CITY OF CORPUS CHRISTI, TEXAS SHALL HAVE THE PRIIIILEDGE TO CANCEL ANY DUTY OR 0SL10A710N IT MAO Wets THIS INSTRUMENT, OA ANY RENEWAL OR EXTENSION HEREOF, AT ANY TINE -SY 017100 THE SAID Co E. A THIRTY +OAT NOTICE, AND AT THE EXPIRATION OF THE SAID THIRTY DAYS, ANT O0L1QAT10N OR DUTY OF THE CITY. or_Coorus CHRISTI, TEXAS IS TO CEASE AND TO OE prim FURTHER EFFECT. WITNESS MY HAND, Tots TOE OAT OF AT CORPUS CHRISTI, TEXAS. L. E. HEAL TUE STATE Or TEXAS i 0000 r or mums i iNV E K, Tus WOOCASIAig, PATINAtiTv, w TAN OAT *ERNMALLT APPLANKO L. E. MtmL, IBIoMI IN IR it se tli mess MOIRE WAOS IA Nlr,ca *O TO 1* IMC*tMS IMi:tIWIRMT ASS ACIMPAXIITSO TWAT ITC IUCWTIW TIR FAIR roll TWt liWM/Mp AAP CMMIOLWATIM TIM#IW esrsesUi• GM HOER NW lift AND SEAL Or C/FICE, TWIW INC OAT M . 1860. INtAMY rustic is AIIS roll Mims Cw11TY, Tema CORPUS CHRISTI, /4 DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 9 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF C , TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. •