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HomeMy WebLinkAbout05752 ORD - 05/11/1960• AH:5:5:60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO A LEASE AGREENENT WITH COLUMBIA- SOUTHERN CHEMICAL CORPORATION FOR A FOUR(4) ACRE TRACT OF LAND BEING A PORTION OF LOTS EIGHT (6) AND NINE (9) OF BANCROFT -DODGE FARM LOTS, TO BE USED BY THE PARK AND RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI, SAID LEASE TO BE FOR A PERIOD OF TWO (2) YEARS BE- GINNING MAY 15, 1960, AND ENDING MAY 14, 1962, AND SUBJECT TO THE TERNS AND CONDITIONS OF THE LEASE AGREEMENT, A COPY OF WHICH 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 OF CORPUS CHRISTI TO ENTER INTO A LEASE AGREEMENT WITH COLUMBIA - SOUTHERN CHEMICAL CORPORATION FOR A FOUR (4) ACRE TRACT OF LAND, BEING A PORTION OF LOTS EIGHT (8) AND NINE (9) OF BANCROFT -DODGE FARM LOTS, TO BE USED BY THE PARK AND RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI FOR RECREATIONAL PURPOSES, SAID LEASE TO BE FOR A PERIOD OF TWO (2) YEARS BEGINNING MAY 15, 1960, AND ENDING MAY 14, 1962, AND SUBJECT TO THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR PROVIDING ADEQUATE RECREATIONAL FACILITIES FOR THE CITY OF CORPUS CHRISTI 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 DN 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING RE- QUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. ATTE PASSED AND APPROVED, THIS / / DAY MAY, 1960. CITY SECRETAR APP ��-D AS TO LEGAL FORM TIIS //DAY OF M , 1960: CITY ATTORNEY MAYOR CITY OF COR CHRISTI, T S 5752 • AHs5E6 :60' THE $TATE'Of TEXAS C�JNTY.:^ OF, NUECES ThI MAD; ANO S.AGREEMENT � ENTERCD INTO qY AND pETMEEN COLUM87 -A. (SOUTHERN CHEMICAL CORPORATION* A DELAWARE CORPDRATIOR WITH A PERMIT �0 EWAIDSINEDS IN TEXAS * <NEREINAFTER CALLED "LESSOR''i AND THE CITY OF 'CORPUS CHRISTI,► TEXAS, A DULY ORGANIZED AND ER1$TING MUNtCIPAL'CORPORA -. 110N1 HEREINAFTER CALLED "LESSEE" W,.1TNE$SET'H FOR AND IN CONSIDERATION OF THE'$JM or ONE DOLLAR ( *1.00) PAID TO ft BY LESSEE AND SUBJECT TO THE CONDITIONS, COVENANTS AND AGREEMENTS; HEREINAFTER CONTAINED ON THE PART OF LESSEE TO BC REPT'AND PE &FORMED* LESSOR HEREBY 'LEASES TblESSEE THE FOLI.OWINS OEOCRIBED•TRACT OF LAND LYING - IN -NUCEB COUHTYE TEXAS, TO•IIIT: A FOUR till) ACRE TRACT OP LAND OEING A PORTION OF' LOT EIGHT, ) AND 'LOT NINE (9) or BANCROFT- DODGE FARM LOTS NOW OWNED BY LESSOR SS'FOLLOVSO OEGINNIN0 AT THE S.W■ CORNER OF LOT EIGHT 18) or SAID BANCROPT ..DODGE FARM LOTS; THENCE 'N 31 11N X40" E 351 TO A POINT/ THENCE $ 58 iv 20 E 254 -TQ THE POINT OF BEGINNING OT`;THIS TRACT; THENCE N 311 110 440" E 141.441. TO A POINT BEING THE N.W. CORNER Or T1113 TRACT) THENCE S"5156 45' 20" E )07.4' TO A POINT 'BEING THE N. E. CORNER OF THIS ,TRACT; THENCE :5 319 141. 40" W 417.41. 70 A POINT BEING THE S.E. CORNER OF THIS TRACT; ,.THENCE N 58° 1451 20 " "W; 1417.4';TO THE POINT - -OP. BEGINNING* AHD' CONTAINING FOUR x-14) ACRES OF LAND* HONE OR LESS* TQ IC UDEO ONLY'B11 LEBBEE FOR.RECREATIONAL PURPOSES *-SUBJECT * - HOWEVER00 '7IIE FOLLOWINGS '1. THIS LEASE .SHALL, EXTEND FOR A PERI op: OP Two (2) YEARS* 3EGINNING ON INC 15TH DAY -OF MAY* 1960* AND ENDING OH. THE 1101 OAT. OF MAY,* 1962,,BUT AT, ANY TIME DURING SAID TERM LESSOR SHALL: HAVE THE RIGNY - ,10 CANCEL TH13 LEASE AND'TERMINATE THE SAME IN ITS ENTrg(TT UPON GIVING -. THIRTY • (30) DAYS WRITTEN - NOTICE TO LESSEE THAT 11 DESIRES TO TERH)NATE - "THE SAME. ;UPON THE GIVING OF SUCH NOTICE SAID CEASE SHALL TERMINATE ON THE DATE SPECIFIED HY LESSOR AND *HEREAFTER LESSEE SHALL :HAVE NO FURTMASR. '`- R)GHT IN TNE'LEA3EA PREMISES• LESSEE AGREESS • :(A) THAT UPON THE TERMINATION 06HIS LEASE EITHER -� �BYEXPIRATION OF,THE LEASE -TERM ORUPON .PRIOR TERMINATION AS A RESULT OF NOTICE FROM LESSOR,' IT WILL`IMMEOIATELY YIELD UP.THE PREMISES PEACEABLY T0-- LESSOR CH GOOD CONDITION, REMOVING IHEREFRON''' ANY BU■LDIUO, STRUCTURE, IMPROVEMENT OR PERSONAL PROPERTY PLACED THEREON BT :LCSSEE AND RESTORING THE - SURFACE T0.470 PRESENT LONDITION5..- ALL AT -THE SOLE -AND- ENTIRE COST AND EXPENSE 9F LESSEE. EVCNT- LESSEE FAILS 70 SO YIELD.UP THE PREMISES UPON TERMINATION OF -: THIS -LEASE THEN IM- ADbITION TO- -ANY OTHER-RENEDY:PROVIDED B7 LAW, - _LESSOR .SHALL HAVE THE RIGHT -to,ENTER UPON THE- LCASEO. PREMISES, FORCIBLY 'IF NECE55ARY,'AHp TAKE P059E$SION OF,THE SANE.WITHOUT BEING LIABLE,,IN • TRESPA99 OR OTHERWISE-FOR ANYTHING DONE IN THE RETAKING OF SUCH 'POSSESSION. (a) CHAT 1T W14L PERMIT NO USE OF THE PREMISES BRCEPT FOR PUBLIC RECREATIONAL PURPOSES AND THE CON0ICT QF.INNOCENT SPORTS THEREON, ALL SUCH RECREATION AND SPORTS TO BE CONDUCTED UNDER AHD SUBdECT ENTIRELY TO THE CONTROL OF LESSEE. (C) THAT- LESSEE-SHALL HAVE FULL, EXCLUSIVE AND ENTIRE ,CONTROL AND DIRECTION OF TNE=UBE AND MAINTENANCE ,0F THE LEASED PREMISES - OURINO.THE TERM- 0?.TH1S'AGREEMENT.LAND THAT LESSDR SHALL NOT.RE-:LIABLE TO ANY.PERSON, •FIRM OR: CORPORATION-.FOR *147 DAMAGE 0? AN KINO.OR • CHARACTER-TO.PERSONS DR PROPERTY ARISING.FROMi GROWING OLTOF, OR.. • CONNECTED WITH ANY USE OF_THE LEASED - PREMISES' DURING TNE':TSRM,OF..THIS LEASE. LESSEE AGREES TO PROTECT:-AND HOLD LESSOR- HARMLESS FROM ANY.•..'� AND ALL CLAIMS OR DEMANDS MADC AGAINST LESSOR;FOR ANY -SUCH OAHAOES, s;INCLUDING.THE COST AND-EX.PENSE.0E- ATTORNEYi9 FEES INCURRED-IA :CORRECTION THEREWITH. (o) :.:THAT TH13 LEASE CANNOT REASSIGNED OR-TH• LEASED' PREMISES SUBLET IN WHOLE OR LIN.PART. ' IN WITNESS WHEREOF, THIS INSTRUMENT 15 EXECUTED IN DUPLICATE ORIGINALS .BY _-THE PARTIES,:EACH ACTING-SY - AND- THRDUGH ITS- DULY. AUTHORIZED OFPICCRS HBREUNTO, ON TN1$ THE ; - OA'Y,_OF410Y ATTEST a CITYSECRETARY- APPROVED AS TO "LEGAL FORM ' MAY r, tg6O� CITY, ATTORNEY • CQLU1 A- SOUTHERN C}IEMICAL CORPORATION WORSE- MANAGER CITY OF CORPUS CHRISTI CsTr:MANAGER THE STATE CF TEXAS COUNTY OF ANUECES BEFORE NB: j"tHE,UNDERSIGNED AUTHDRITY1:10 71110 -DAT PCRSOkA1.1.Y APPEARED 5. J. HULTNAN, WORK9,MANAGEN pi','CDCUNBIA- SOUTHERN CHEMIICAL i' - CORPORATION, A CORPORATIONS $NQYN TONE 10 BE THE PERSON AND OFFICER, NH09C.NANE I9 8UB9CRIBED TO THE FOREGOING INSTRUMENT,. AND ACKNOWLEDGED TD NE. THAT THE.SAME- WAS.THE'ACT Of THE $AID - CORPORATION AND THAT HE EXECUTED THE GAME A1.YHE, ACT AND DEED:0? SUCH; CORPORATION "=FOR THE PUR P0908;AND CONSIDERATfONTHEREIN EXPRESSED, AND THE'CAACITY THEEN . STATED•'' "`'GIVEN UNDER NY- NAND -AND ZEAL OF 0?f10E dF � `1960. THE .STATE OF TEXAS` COUNTY; -OF-, .NUECES :.. - -- -BEFORE'.'hE, THELUHDER9r.GNED AUTHORITY, ON TH19 -DAY PERSONALLY-.. APPEARED HERBERT. W. WHITNEY ,CITY MANAGER OF 'rHE' Ci TY oF; CORPU9 CHRi3T 1,/ .A NUNuCIpAL CORPORATION, SNOW! TO HE 1000 THE,PERAON'AND.•OFFICER WHOSE' "HAME 19,8UBS RIBED TD THE-F0REOOINGINSTRUMENT AND.ACKNOWLEDOED TO MC, - -THAT -THE SANE WAS THE -ACT OF TH0B4ID'CITY,:AHD.THAT HE EXECUTED -THE :0AME,AS.THE,ACT AND DEED OP 9A10 HUNICIPA4 CORPORATION FOR,`THE •PUAPDQEi'. AND CON1IDERATION •THEREIN- CXPRESSED,'AND 1N THE CAPACITY THEREIN STATED■.: 'GIVEN'UNDER NT, NAND AND .SEAL OF OFFICES THIS'`FHC _ THIS THE - DA1i, NOTARY PUNLIC;.IN•AND FDII NUECES:COUNTY/ NOTARY PUBLIC 1N•AND FOR NUECEI COUNTY, :• -TEXAS ' CORPUS CHRISTI TEXAS fiDAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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; 1, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 1S INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF C'LL S CHRISTIt TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES 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 FOLLOW I 0 VO E: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. • /3o • CONSENT AGREEMENT T of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESStiB: WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United States of America entered into an agreement NOy(R)- 111896 witg the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a la•inch later lino ender and across the Government's existing track at the location known as the "Railroad's" Engineering Station 462 / 90 as is','shown more particularly on Fphibit "A "; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to, the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, SNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at ail times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all clAims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 11. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". 5. The said °User° has paid to the "Railroad" the sum of One Dollar (11.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the 'Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform. able in the County of Nueces, Texas and binding upon the parties hereto, their successors and assigns. 2 • • EXECUTED IN DUPLICATE ON THIS day of 1959. THE TEXAS MEXICAN RAIIMAY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company CITY OF CORPUS CHRISTI ATTEST: City Secretary By 3 City Manager "City" THE STATE OF TEXAS COUNTY OF WEBB • BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, (mown to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of 1959. Notary Public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , 1959. Notary Public, Nueces County, Texas 11 • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS /1 DAY OF 19 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 RESOLD- - TION SHALL SE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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. RESPECTFLLY, YOR THE CITY OF 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.