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Home My WebLink About05898 ORD - 09/07/1960AH:g -7 -6o AN ORDINANCE. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY Of CORPUS CHRISTI, TEXAS, AND H. E. BUTT AND H. E. BUTT FOUNDATION FOR THE ACCEPTANCE OF A LOAN OF THE COST, NOT EXCEEDING $65,000.00 FOR THE CON- STRUCTION OF A SWIMMING POOL TO BE SITUATED IN COLLIER PARK IN THE CITY OF CORPUS CHRISTI, TEXAS, SETTING FORTH THE TERkS AND CONDITIONS, ALL OF WHICH ARE SHOWN BY A COPY OF THE AGREEMENT VHICH 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 EXECUTE AN AGREEMENT WITH THE H. E. BUTT FOUNDATION AND H. E. BUTT FOR THE ACCEPTANCE OF A LOAN OF THE COST, NOT EXCEEDING �65,000.00, FOR THE CONSTRUCTION OF A SWIMMING POOL TO BE SITUATED IN COLLIER PARK IN THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR ENTERING INTO THE AGREE- MENT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN51ON 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 EXIST, REQUESTING THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT iS ACCORDINGLY PASSED AND f APPROVED, THIS THE AY OF SEPTEMBER, 1;60. ATT . ST_ s ` THE CITY CORPUS HRISTI, TEXAS ITY S C TARY APPROVED AS TO LEGAL F REvI TH IS DAY NF SEPTEOBER, 1960: CITY'AT ORNEY ;-'t " , Sari W TFF- STATE OF TEXAS COUNTY OF KqJECBS 'HEREAS, H E. Butt Foundation has heretofore assiste'a In the financing of the construction of a group of public tennis €A, courts constructed aft Property known as H. E. btt irk In the CItY Of Corpus Christi, MU968 Count 'texas Texas, and has:. -financed the construction of a swimming pool in said Park, 'a.Rdlt the gross receipts from the operation Of said pool and the ovti,*" , tl on or "A said tennis courts have been held In a sus pe use acci �y the YF. City Of Corpus Christi and applied to the payment of advanced by H. E. Butt Foundation In accordance with the contracts between said v 0—MaLlon and the City of CorpU2" with reference thereto; and WHEREAS, H. E- Butt Foundation is desirous In the financing of the 00n3tr%Gtl8A of a swimming pe Park in the City Of Corpus Christi,, ftgces County. To agreed to loan to the C1 tY Of Corpus Christi ' the cost" struction of said peel gXCs*d the arse ®f Sixty and no/100ths Dollars ($65.000.00), and the City, agross tie' balance of the Indebtedness to the H. E- Butt Foundation grossing out of the construction of said tennis courts and the aMOUnt ad- vanced for the construction of said swinnin@ In Collier ftrk *hall be repaid from the groog re", Pt* frea the opefttlen of UM It. 1C. Butt Swimming pool, Ule . operation of the &WjjMjn0 poo, to be CA"WtrUCted in C011for Park over a period of m1pp Is*" $'IV% (5) years from the data hereof and said gross roq*So." be hOU'lit a suspense account by the City of Corpus Chr#*U. -90d OW1.104t to the PaymXt Of all Of Bald costs In &ccerdaw" "was homers pia TnERIPM, l=W. ALL M BY THESE PRESENTS: That It is agreed by and between the City of Corpus Christi, a municipal corporation, acting by.ani through its.City Manager, hereinafter called City, and the H. E. Batt Foundlition, acting by and through Its duly authorised officer, hereinafter called Foundation, for and in consideration of the promises and the provisions hereinafter contained as follows: I. It is agreed that the City of Corpus Christi, with the advice of the City Park and Recreation Board, shall make a location within the boundary of the said Collier Park for the construction Of the swimming pool, prepare plans and specifications, make the necessary advertisement and take the bids for the construction of said swimming pool in accordance with said plans and specification. and construct and operate said swimming pool as .a part of the City Park and Recreation area of the City of Corpus Christi, Texas The City shall maintain said pool as a public pool and make such charges for the use thereof by the members of the public in accordan- with such rules and regulations as may be adopted by the c1ty.Council and the Park and Recreation Board for the use and operation thereof II. When the cost of the construction of said pool and nece—,5i equipment for the use thereof has been determined, such fends necessary to defray such costs will be advanced by the Foundation up to but not exceeding the sum of Sixty -Five Thousand and ;)oilars ($6.5,000.00) . Such sums as have heretofore been advanced by the Foanca -{ Lion connection with the construction of the tennis courts ir, H. E. Butt Park and remain unpaid and for such sums as are advancau �s as a loan in connection with the construction of said swimming pool; in Collier Park, as hereinabove set out, shall be repaid on or be°o�[ five (5) years after the date hereof from the gross receipts - 2 - from the operation of the said H. E. Butt swimming pool and the tennis courts and the Collier Park swimming pool to be constructed and the receipts therefrom shall be applied to the payment of said sums as follows: On or before fifteen (15) days after the first, second, third and fourth anniversaries of the effective date of this contract, said total receipts of said swimming pools and tennis courts shall be paid on said loans. On or before fifteen (15) days after the fifth anniversary of the effective date of this contract, the un- paid balance of such loan shall be paid. II1. It is.contemplated that these loans shall be without in- terest, and it is agreed by the City that all of the gross.re- ceipts from the operations of said swimming pools and tennis courts shall be deposited In a separate account by the City during the said five -year period. It is further agreed that in the event the operation of said swimming pools, or either of them, or said tennis courts by the City should be discontinued before the accumulation of gross receipts should equal the amount of the balance remaining due upon the loans advanced by the said Foundation, then and in LnaL event, the said Foundation shall have the option within two (2) years of such discontinuance of such operation to declare the rights of the City in said tennis court or said swimming poet =', or either of them, and the land upon which the same is locates, forfeited and recover the title and possession thereof unles -., I. j� City within one (1) year of the date of such declaration of fe -- I" feiture shall remit all accumulated funds, if any, together with the additional amount sufficient to cover any unpaid balance of the funds advanced as described in the foregoing provisions of this agreement. The forfeiture provisions hereof shall not apply,'; to the Collier Park property. This agreement shall be effective as of August 1, 1G6g. -3- f WITNESS our hands in triplicate, each of which shall be considered an original, on this -_. day of October, 1964. u, ATTEST: CITY OF CORPUS CHRISTI;; By 77Y ecre ary er er' ney City Manager APPROVED as to legal form, this day of October, 1460. City AtForney ATTEST: Secretary i lr IF: r:z i! j CORPUS CHRISTI, TEXAS AY OF Y_ ; 19 'V TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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. - RESPP.CTFULLY, / f i �AAYOR THE CITY OF CORD CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLO /WING VOTE; ELLROY KING ! JAMES L. BARNARD MRS -..RAY AI RHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GAGE LOZANO, ,SR. .... r THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; ELLROY KING (GA- JAMES L. BARNARD- MRS. RAY AIRHEART may, JOSE PHB. DUNN PATRICK J. DUNNE R. A. HUMBLE r - GABE LOL!AND, SRo