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HomeMy WebLinkAbout06992 ORD - 08/14/1963IMS:JKH:8 -9 -63 , TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH GUARANTY NATIONAL BANK AND TRUST OF CORPUS CHRISTI, TRUSTEE FOR THE ESTATE OF W. E. POPE, FOR THE USE BY THE CITY OF THE W. E. POPE ESTATE 1149.2 -ACRE TRACT OUT OF SURVEY 420, ABSTRACT 8557, MAP 138, TRACT 63 NUECES COUNTY, TEXAS, FOR SANITARY GARBAGE LANDFILL, AS MORE FULLY DESCRIBED IN SAID AGREEMENT, 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, SECTION 1. THAT TIE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH GUARANTY NATIONAL BANK AND TRUST OF CORPUS CHRISTI, TRUSTEE OF THE W. E. POPE ESTATE, FOR THE USE OF THE W. E. POPE ESTATE 149.2 -ACRE TRACT OUT OF SURVEY 420, ABSTRACT 857, MAP 138, TRACT 6, NUECES COUNTY, TEXAS, FOR SANITARY GAR- BAGE LANDFILL, AS MORE FULLY DESCRIBED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE AGREEMENT DESCRIBED IN SECTION 1 HEREINABOVE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR I 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, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER`RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FR M AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE AY OF AUGUST, 4 1963. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS CLTY SECRE ARY APPROVED AS TO LEGAL FORM DAY OF AUGUST, 1963: CITY ATTORNEY C 9 5 _// 6992 THE STATE OF TEXAS 0 KNOW ALL MEN BY THR<4E PRESENTS: COUNTY OF NUECES That Guaranty National Bank and Trust of Corpus Christi, acting by and through its Trust Officer, E. G. Horne, hereinafter called "Trustee ", and the City of Corpus Christi, acting by and through its City Manager, hereinafter called "City ", have and do hereby enter into this agreement for the use of certain land hereinafter described for refuse landfill and waste disposal purposes, as follows: 1. It is agreed that the Guaranty National Bank and Trust of Corpus Christi, Trustee, does hereby lease to the City all that certain area of a 149.2 Acre tract covered by ravines, erosion and washes, in- cluding egress and ingress to said 149.2 - Acre tract being out of Survey 420, Abstract 857, Map 138, Tract 6, Nueces County, Texas, belonging to and described in the Probate Records of the W. E. Pope Estate of Nueces County, Texas, to which records in the office of the County Clerk of Nueces County, Texas, reference is hereby made for more particular description. 2. The City of Corpus Christi agrees to promptly commence the fillinna of the ravines, erosions and washes now existing on said land and using said ravines, erosions and washes as a refuse landfill and waste disposal area. The City or refuse haulers licensed by the City, or such persons as the City authorizes, shall be permitted to place refuse and waste materials in said ravines, erosions and washes on said lands. Said ravines, erosions and washes may be used as a site for burning and disposal of refuse and brush. The City recognizes that refuse disposal is now being conducted on said premises by Nueces County and that the operations to be conducted under this lease will be conducted so as not to conflict with the County operations which it is anticipated will continue. 3. It is understood by the parties hereto that the right of salvaging materials from the waste and refuse placed on the premises is hereby reserved to the Grantor or such persons as he may authorize. It is agreed by the parties that said salvage operations sball not interfere in any way with the trash and refuse disposal conducted by-the City or under its authority. It is further agreed that the City shall in no way be held responsible for the safety of any person or property conducting salvage operations under the authority reserved by the Grantor. 4. This lease shall be for a period of one year and continue from year to year thereafter unless terminated by notice of either party giving 60 days written notice of intention to terminate. 5. Upon the completion of fill operations and cessation of the use of said property by the City, possession of the property shall be returned to the Grantor. Upon notice of the Grantee, The Grantor agrees to accept the return of the property unless objections in writing be furnished Grantee within 30 days. Upon acceptance of the return of said property by the Grantor, or failure to furnish objections within said 30 -day period, all rights of the City under this agreement shall be terminated and the property shall be in the sole custody and control of the Grantor from and after said date. 6. This agreement evidences all of the terms of the agreement between the City and the Trustee and is executed on this date in duplicate, each of which shall constitute an original. WITNESS OUR BANDS this the -5/z� day of August, 1963- ATTEST: !' '- +bees .vsyice• ATTEST: City Se etary APPROVED AS TO EEGAI, FORM THIS DAY OF SEPTFmm 1963: s9vn-At�e ity AttoVey G BANK AND TRUST CO I BY -CiTr OF CORPUS CERISTI Mr—bert W. Wh':Ltnexi4517.� BY COUKIL ..... ..��'� 3 SECF.E T ti'Y CORPUS CHRISTIy TEXAS A, -1AY OF CL , l9 J 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 RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, /-2 THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON G JOSE R. DELEON nn M. P. MALDONADO J/l. W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOVaG VOTE% JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON C4 I > JOSE R. DELEON f M. P. MALDONADO / W. J. ROBERTS Gig W. H. WALLACE, JR.