HomeMy WebLinkAbout08072 ORD - 06/27/1966vMP:6/27/66
AN ORDINANCE
RATIFYING AND APPROVING THE MEMORANDUM OF UNDERSTAND-
ING AND CLARIFICATION BETWEEN THE FOUNDATION FOR
SCIENCES AND ARTS, INC., AND THE CITY OF CORPUS CHRISTI,
PERTAINING TO RELATIONSHIP BETWEEN SAID PARTIES AS TO
THE ESTABLISHMENT OF THE PUBLIC PARK ON THE BAYFRONT ;
PORTION OF THE CITY OF CORPUS CHRISTI HERETOFORE EXE-
CUTED BY THE CITY MANAGER DATED JUNE 2,7, 1966, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
WHEREAS,`THERE HAS BEEN SOME MISUNDERSTANDING AS TO THE RIGHTS,
DUTIES AND INTENTIONS OF THE PARTIES IN THE PROJECT OF ESTABLISHING A PUB-
LIC PARK ON THE BAYFRONT PORTION OF THE CITY OF CORPUS CHRISTI, SOMETIMES
REFERRED TO AS " BAYFRONT SCIENCE PARK "; AND
WHEREAS, CITY AND THE PUBLIC IS ENTITLED TO HAVE A CLARIFICATION
OF THE TERMS OF THE RELATIONSHIP BETWEEN CITY AND THE FOUNDATION FOR SCIENCES
AND ARTS, INC., IN REGARD TO ESTABLISHMENT OF SUCH PUBLIC PARK; AND
r WHEREAS, TERMS OF SAID UNDERSTANDING HAVE BEEN REDUCED TO WRITING
AND EXECUTED BY PROPER OFFICERS OF THE PARTIES:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE ACTION OF THE CITY MANAGER IN EXECUTING, FOR
AND ON BEHALF OF THE CITY, A MEMORANDUM OF UNDERSTANDING AS TO THE RIGHTS,
DUTIES AND INTENTIONS OF THE PARTIES IN THE PROJECT OF ESTABLISHING A PUB-
LIC PARK ON THE BAYFRONT PORTION OF THE CITY OF CORPUS CHRISTI, SOMETIMES
REFERRED TO AS " BAYFRONT SCIENCE PARK ", A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, IS HEREBY IN ALL THINGS RATIFIED AND CONFIRMED.
SECTION 2. THE NECESSITY FOR PROMPT AUTHORIZATION AND RECORDING
OF SUCH WRITTEN MEMORANDUM OF UNDERSTANDING 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 EXIST, HAVING REQUESTED THE SUSPENSION OF SAID
t
8fry 9 2I
CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE
DAY OF JUNE, 1966.
ATTEST: mo &I
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ECRE Rf
7
APPROVED AS TO LEGAL FORM THIS
THE _DAY OF JUNE, 1966:
CITY ATTORNEY
- II
STATE OF TEXAS
COUNTY OF MECES `
This is a memorandum of understanding and clarification between the
Foundation for Sciences and Arts, Inc., a non - profit corporation acting by
and through its Chairman of Board of Trustees, Edwin Sing , hereinafter refer-
red to as FOUNDATION, and the City of,Corpus Christi, Texas a municipal corpora -
its City Manag
er, hereinafter referred to as CITY,
ti on acting by and through
state in writing he relationship between the
and in order to more clearly
g
Foundation and the City insofar as such relationship relates to the establish-
" ment of a public park on the bayfront portion of said City.
W I T N E S S E T H
selves to the establishment of such
The following acts relate them
_public park:
1. On or about October 29,
1903, the Foundation made a proposal to
within the sug-
the City, wherein the•Foundation proposed to buy certain land
and to give such lands to the City for public park purposes;
Bested park area
n turn, would acquire certain
and such proposal anticipated that the City, i
lic park area and devote such lands to public
:s lands within the contemplated pub
park purposes.
1, 2, The proposal' contemplated that the Foundation would acquire all
of Block 951 the east half of Lots 1 & 2 and the west half of Lots 1, 2 & 3
and Lot 10, Block 105 of the Beach Portion addition to the City of Corpus
lands remaining in
«.Christi and that the City would acquire the privately owned
to -wit: Lots 8 & 9, 11 & 12, if the Foundation failed to acquire
Block 105,
e Foundation would make a cash contribution to the
such lands, in which event th
City of $17,50o to be used towards the purchase of such lots.
3. The proposal further contemplated that the City would acquire all
ed lands in Blocks 93, 94, and 104, Beach Portion
of the remaining privately own
Addition to the City of Corpus Christi, to be used as a public park for the
ion
general benefit of,the citizens of Corpus Christi, Texas; and upon acquisit
thereof and the.deeding of the lands contemplated to be acquired by
the Founds-
tion, the City would close unneeded intervening streets and dedicate all of
such properties to such public park. ithe proposal further contemplated that
'
oundation for such public park
that portion of the lan ds to be deeded by the F'
al buildings to be used by the
would be used to support cultural and education
general public of the City of'Corpus Christi and the surrounding areas.
$, 1963, the City, by resolution 7106,
4" On or about December 1
to sal.
c ': •• ,qualifiedly expressed its willingness accept the Foundation's propo
ess ,
5. pursuant to the proposal of October 29, 1963, the Foundation ac-
quires all of Block 95, the east one -half of Lots 1 & 2 and west one -half of
r 'y _. Lots 1, 2 and 3, and Lot 10, Block 105, all being in the Beach Portion Addition
.; a
to the City of Corpus Christi, Texas.
6. On December 21, 1965 the Foundation deeded the lands owned by it
` in Blocks 95 and .105 to the City, to be used for public park purposes, subject
to certain restrictions and conditions and covenants written in such deed, and
".;....
.x delivered such deed to the City as a gift for the benefit of the general public.
f;
addressed a letter to the Founda-
" 1965, the City
7" On December 29,
tion, regarding the clarification of certain-of the provisions of such deed and
thereafter, at the suggestion of the City, in April, 1966, the Foundation re-
vises such deed, effective the 21st day of December, 1965, to better clarify
the terms and conditions of such d,zrd and its intents and purposes.
" $ „ Thereafter, a suit wa;� filed in the District Court of Nueces
County, Texas, being No. $9449 -D, styied Clay C. Moore, Jr., et al, vs, City '
of 'Corpus Christi, Corpus Christi, the
et al, which suit named the City Of
s and Arts, Inc., and the Corpus Christi Art Foundation,
Foundation for Science
Inc. as parties defendant, which suit attacked the authority of the City of
;Corpus Christi to acquire privately owned lands in Block 94, Beach Portion
x ±ryAddition to the City of Corpus Christi.
NOW THEIEFORE, Bt IT 1jEW.,MBJuU-!D that the City a nd the Foundation do
and always have construed such deed as follows:
-2-
4
i
4
1. That such deed and the language of such deed supplements and holds
for naught the proposal dated October 293 1963, and such deed reflects all and
the only understanding between the Foundation and the City as it relates to such
2. Paragraph 1 of such deed contemplates that the City will within
five years from December 21, 1965 acquire all of the privately owned lands situated
'in Blocks 93, 94, 104, and Lots 8, 9, 11, 12, Block 105, Beach Portion to the City
a of Corpus Christi, Texas. Block 92 having inadvertently been set forth in such
Paragraph 1 was eliminated by mutual agreement from the park area That within
such five year period, the City, having acquired such privately owned lands above
mentioned, would use such lands•together with the lands covered by the deed of
December 21, 1965 from the Foundation to the City, with the unneeded intervening
' ;- streets to establish thereon a public park. That when such park was established,
+.;'the City, acting fully within its charter provisions, would, upon application,
make a portion of such lands covered by the deed of December 21, 1965 available
ations for the establishment thereon of cultural or educe
to non - profit organiz -
tional facilities and buildings in the public interest. That the City's obliga-
` tion to make land available for those purposes was limited to the lands conveyed
>to the City by the Foundation,' and DID NOT contemplate that the City would be
" required to make available to non - profit organizations any of the other lands
"situated within the park area. n
„I, a 3. Paragraph numbered l'of such deed further contemplated that the
City would maintain all of the areas within the park area surrounding the cul u-
i
ral or educational facilities or buildings as landscaped park or parking areas
,0.`• ;,.
for the use of. the general public. The same paragraph specifically negated any
obligation on the part of the City to finance or construct any buildings. The
}'
sole recourse for the Foundation in the event the City failed to meet the con -
ditions and covenants in paragraph numbered 1 of such deed was•,�and is that the
Foundation, at its expense, could cause a reverter of the lands conveyed by the
Foundation to the City back to the Foundation,,so that the Foundation, in turn,
could make such lands available to non - profit organizations for the establishment
1:
by such organizations of buildings or other facilities to be used for cultural
of Co us
and educational purposes for the benefit of the entire citizenry rP
Christi, Texas. Such paragraph was and is construed by the Foundation and the
City as providing that in the event any
building or facility for cultural or
educational purposes was constructed on Block 95, the Foundation's right of re-
-, verter would be extinguished; in like manner, if any building or facility for
cultural or educational purposes was constructed on Block 105, the Foundation's
right of reverter would be extinguished; in both instances effective as of the
date such buildings were commenced.
y.A I e
4. The Foundation and the City now and have always understood that
A' erties of such
except for the above conditions in such deed, all of the prop
Corpus
Christi,
Y ".
park area would be exclusively under the control of the City of Corp
3 which
.Texas. In this connection the Arthur D. Little report of October, 1964,
s expense was not and is not
was prepared for the Foundation at the Foundation'
in any way intended to be binding upon either the City or the Foundation. The
preparation of the report was authorized to provide the Foundation with the
basic data by which it could evaluate whether it should make a recommendation
to the City that a non - profit oceanarium museum of science be incorporated
onclusions and recommendations of the report repre
within the park area. The c -
sent solely the views of Arthur D.-Little, Inc. and any
recommendations with
' respect to the inclusion of private profit - making
entities within the park area
are now and always have been inacceptable to both the City and the Foundation. .
ty that the City shall have any
Further, it'is not the intention of either par
responsibility to consult or be guided by or subject to or otherwise be com-
through the discretion of its officers and em
pelted to act other than by or
ployees.
+S
5• 'In the letter of December 21, 1965, the Foundation agreed to donate
1
11 & 12, Block 105,
- to the City the sum of $17,500-00 cash when Lots 8 & 9,
Beach Portion Addition to the City of Corpus Christi, Texas, were acquired by the
a reiterates its agree-
City, and the Foundation by the signing of this memorandum,
en such lots are acquired.
ment to make the cash donation to the City wh
j
6. IThe City of Corpus Christi, through its City Council, has submitted
to its voters a bond issue for the construction of a museum building and has
' proposed to locate same on Block 95, Beach,Portion of the City of Corpus Christi,
Nueces County, Texas,'and such proposed location has been approved by the said
Foundation for Sciences and Arts, Inc., and if, as and uhen said building is,
completed, the same shall be used for the benefit of the public under the full
control of the City, its servants and employees., As soon as said construction
of said Museum Building is commenced, the said reverter clause of said deed of
December 21, 1965 will terminate as fa.11 compliance with the condition in said
_ deed concerning said Block 95, Beach Portion of the City of Corpus Christi,
x
Nueces County, Texas.
yY' 7. The,City concurs in the statements hereinabove'contained as being
identical with the understanding of the City, with the further understanding
that the City has never had, and does not now have, any intention of using any
of said property except for the benefit of the public and except in accordance
with its powers and authorities contained in the Charter of the City of Corpus
` Christi, limited by the provisions of the State Constitution and the laws of the
State of Texas.
There are no other understandings or agreements between the Founda-
tion and the City of any kind or nature whatsoever.
WITNESS THE HANDS of the Foundation for Sciences and -Arts, Inc. and
the City of Corpus Christi, Texas, this the 2 7 Say of June, 1966.
FOUNDATION FOR SCIENCES AND ARTS, INC.
�ecretary z
2a Bdwin S an of the Board
g E
t of Trustees
CITY OF CORPUS CHRISTI, TEXAS
Attest
[, ,1By
City Secre • Herbert Whitney, nager
Approved as to form: 2
City Attorney
i
d^• ; STATE OF TEXAS ]
w
COUNTY OF NUECES
+'a
Before me the undersigned authority on this day personally appeared,
u" Edwin Singer, Chairman of the Board of Trustees of Foundation for Sciences and
is subscribed
Arts, Inc., known to me to be the person and officer whose name
.( { €, ;...,� ".• to the for instrument and acknowledged to me that he executed the same
..,,.
, _• for the purposes and consideration therein expressed and in the capacity therein
stated as the act and,deed of said corporation.
^fY "1 Given'under my hand and seal of office this 21 bf June, 1966.
Notary Public in and for Nueces County,
Texas.
STATE OF TEXAS
. COUNTY OF NUECES >
Before me the undersigned authority on this day personally appeared
Texas, known to
~Herbert Whitney, City Manager of the City of Corpus Christi, .
fiVM1,
• ,;:y::: icer whose name is subscribed to the foregoing
me to be the person and off
instrument and acknowledged to me that he executed the same for the purposes
'^{ and consideration therein expressed and in the capacity therein stated as the
€ +f act and deed of said corporation.
ice this of June, 1966.
Given under my hand and seal of off �%
Notary Public in and for Nueces County,
Texas: I
MRS. LOU VARGO
' N,iory Pubilr, in sod for 14-- County, Tetn,
CORPUS CHRISTI, TEXAS
• / I DAY OF �9
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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR INTRO-
DUCED, ORE AT AND PASS
PRESENT MEETING OF THE CIITYLCOUNCILE DATE IT IS INTRO
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCI VER FURMAN ✓' /--- � %1���
JACK BLACKMON ]' 1
PATRICK J. DUNNE ✓
DR. P. JIMENEZ, JR.
KEN MCDANIEL -
RONNIE SIZEMORE
WM. H. WALLACE ✓
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING
DR. MCIVER FURMAN
LACKMON , /
JACK B 'I[
PATRICK J. DUNNE / / /��_V ///
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE '✓
WM. H. WALLACE
i
SPECIAL MEETING OF BOARD OF TRUSTEES OF
.rA e a
FOUNDATION FOR SCIENCES AND ARTS, INC. ?
June 27, 1966
'"�''F" • r F ounda -
7 A special meeting of the Board of Trustees for 1966.
Arts, meeting
was held on the Z7th day Of June,
tion for Sciences and of meeting.
.,,.
quorum was present and waived notice
The Chairman of the Board announced that the City o
resented to the
ii j;,,,x "1r,;`s •,,'•,F Corpus Christi desired a clarification of the deed from the Founds ion
y, dated December Z1, 1965. The Chairman p
, „.' -” • to the City, -
Si,i,`.?•:= �,'' trustees an instrument designed to clarify the relationship between the
•I,,: v Foundation and the City insofar as the same related itself to the bayfront
the
park, whichQ the City andsset forth theintention ofg the froundationfwith
rument s }.,^ n t
�: :. .,r'' ^•;a.l, Foundatio a of such deed.
res ect to the Ian guag
p seconded and carried, the follow-
P''' On motion duly made,
r -in resolutions were unanimously adopted:
that the form of instrument presented
RESOLVED, the foundation, and
x to the Board of Trustees be adopted by
authorized to execute such
Sri;`,:• :;;.; ;'.' -. ;a „ • .
"Ya;'; •.;t.;'.' " that the Chairman of the Board be
the Foundation and
deliver the same
;.n21 V' •;'; �:,.., t on behalf of
Gh
t:=
instrument risti.
_•: .15..
to the City of corpus
rt ``C ' {° `''p` BE IT FURTHER RESOLVED, that
en
the Chairman of ,
t # 4: €w'st' ,'r... "d.t execute such additional
instrum is
n:,;,:`h''''7 °•t,?i.'ie to accomplish *' a.'`' ' the Board be authorized to p pur - }• ,
"N " from time to time as may be necessary ent of
the Foundation
intended in the establishment
,,, • poses ich
the bayfront ar
�Yi k ":,•; "' r ` :'g;:' ` that the Secretary
RESOLVED, BE IT FURTHER s of this meeting a copy
to
attach to the minute
k is instructed
;,.'�',:,i•!,,,,;,;,r,, of the clarification instrument.
,
There being no further business to
adjourned. d to the atten-
Trustees the meeting n
r" of the Board of
t. . tion
'-Approved'- Robe
r' Burkc,VSecretary., • ,; t
in man
Edwin
n:.,ii: