HomeMy WebLinkAbout08084 ORD - 07/06/1966TDM:dKH:7 -5 -b�
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER
INTO A RENEWAL AND EXTENSION OF THAT CERTAIN LEASE
AGREEMENT WITH PITTSBURGH PLATE GLASS CHEMICAL
DIVISION, SAID RENEWAL AND EXTENSION BEING FOR A
TWO -YEAR PERIOD COMMENCING MAY 15, 1966 AND ENDING
MAY 1$, 1968, AND BEING SUBJECT TO THE SAME TERMS
AND CONDITIONS OF THAT CERTAIN LEASE AGREEMENT
ENTERED INTO BETWEEN THE CITY OF CORPUS CHRISTI AND
PITTSBURGH PLATE GLASS CHEMICAL DIVISION ON APRIL 16,
1964, UNDER AUTHORITY OF ORDINANCE NO. 7198, A COPY
OF WHICH RENEWAL AND EXTENSION AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY OF CORPUS CHRISTI,
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
RENEWAL AND EXTENSION OF THAT CERTAIN LEASE AGREEMENT WITH PITTSBURGH PLATE
GLASS CHEMICAL DIVISION FOR A FOUR -ACRE TRACT OF LAND, BEING A PORTION OF
LOTS 8 AND 9 OF BANCROFT -DODGE FARM LOTS, TO BE USED BY THE PARK AND
RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI FOR RECREATIONAL PUR-
POSES, SAID RENEWAL AND EXTENSION TO BE FOR A PERIOD OF TWO YEARS BEGINNING
MAY 15, 1966 AND ENDING MAY 14, 1965 AND SUBJECT TO THE TERMS AND CONDITIONS
OF THE RENEWAL AND EXTENSION AGREEMENT, A COPY OF WHICH 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 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 THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED
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
THIS THE 4/ DAY OF JULY, 1966.
ATT!S ,
G
CITY SECRETARr MAYOR
APPRO ED AS T EGAL F RM THIS THE CITY OF CORPUS CHRISTI, TEXAS
DAY OF JIMLY, _ 1966:
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T09 PISM'O" Or THIS 444999 OT 16 TO EXTEND TIM LS"t ON Tart
Aosrt 86114111sto PROPLATT OAT® APRIL 16, 1*, rots TNt PLRtOD Sum Aosns,
AND ALL THE CONDITIONS, COVENANTS AND AGREEMENTS OF SAID LEASE AGREEMENT
DATED APRIL 116, 1964, AND ATTACHED HERETO AND MADE A PART HEREOF, REMAIN
IN FULL FORCE AND EFFECT DURING THE PERIOD OF SUCH EXTENSION.
IN WITNESS WHEREOF, THIS INSTRUMENT IS EXECUTED IN DUPLICATE
ORIGINALS BY TOE PARTIES, EACH ACTING BY AND THROUGH ITS DULY AUTHORIZED
OFFICERS HEREUNTO, ON THIS THE DAY OF__ _, 1966.
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS THE
JAY OF JULY, 1966:
ITt ATTORNEY
THE STATE OF TEXAS
COUNTY OF NUECES
PITTSBURGH PLATE GLASS
CHEMICAL DIVISION
BY
WORKS MANAGER
CITY OF CORPUS CHRISTI
BY
HERBERT W. WHITNEY
CITY MANAGER
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED S. J. HULTMAN, WORKS MANAGER OF PITTSBURGH PLATE GLASS CHEMICAL
DIVISION, A CORPORATION, KNOWN TO HE 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 CORPORATION AND THAT HE EXECUTED THE SAME
AS THE ACT AND DEED OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION
TNEREIN EXPRESSED, AND IN THE CAPACITY THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
1966.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS UAY PERSONALLY
APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
-2-
A MUNICIPAL CORPORATION, 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 AND THAT HE EXECUTED THE
SAME AS THE ACT AND DEED OF SAID MUNICIPAL CORPORATION FOR THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OFFOFFICE, THIS THE DAY
of , 1966.
NOTARY PUBLIC IN AND rOR NJECES
COUNTY, TEXAS
4- vMPS4 -9 -64 _ G
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN PITTSBURGH
PLATE GLASS CHEMICAL DIVISION, A DELAWARE CORPORATION WITH A PERMIT TO
DO BUSINESS IN TEXAS, HEREINAFTER CALLED "LESSOR", AND THE CITY OF
CORPUS CHRISTI, ttXAS, A DULY OROANIEED AND EXISTING MUNICIPAL CORPORA-
TION, HEREINAFTER CALLED "LESSEE ",
W I T N E S S E T H I
FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00) PAID
TO IT BY LESSEE AND SUBJECT TO THE CONDITIONS, COVENANTS AND AGREEMENTS
1 HEREINAFTER CONTAINED ON THE PART OF LESSEE TO SE KEPT AND PERFORMED,
LESSOR HEREBY LEASES TO LE30CC THE FOLLOWING DESCRIBED TRACT OF LAND
LYING IN NUECES COUNTY, TEXAS, TO -WITS
A FOUR 4) ACRE TRACT OF LAND BEING A PORTION OF LOT
EIGNT (✓) AND LOT NINE (9) OF BANCROFT -DODGE FARM
LOTS NOW OWNED BY LESSOR AS FOLLOWS:
'} BEGINNING AT. THE S.W. CORNER OF LOT EIGHT (8) OF
-.;,. SAID BANCROFT -DODGE FARM LOTS; THENCE N 31* 141 40"
E 351 TO A POINT; THENCE S 58° 451 20" E 251 TO THE
POINT OF BEGINNING OF THIS TRACT; THENCE N 31" 141
40" E 1417.141 TO A POINT BEING THE N.W. CORNER OF
THIS TRACT; THENCE S 58* 451 20" E 417.41 TO A POINT
BEING THE N.E. CORNER OF THIS TRACT; THENCE S 31* -
141 110" W 1417.111 TO A POINT BEING THE S.E. CORNER
OF THIS TRACT; THENCE N 58° 451 20" W 141 .111 TO THE
POINT OF BEGINNING, AND CONTAINING FOUR 4) ACRES OF
LAND, MORE OR LESS,
TO Be USED ONLY GY LESSEE FOR RECREATIONAL PURPOSES, SUBJECT, HOWEVER, TO
THE FOLLOWINGS
1. THIS LEASE SMALL EXTEND FOR A PERIOD OF TWO (2) VCARS, ,
BEGINNING ON THE 15TH DAY OF MAY, 1964, AND ENDING ON THE 114TH DAY OF
MAY, 1966, BUT AT ANY TIME DURING SAID TERM LESSOR SHALL HAVE THE RIGHT
TO CANCEL THIS LEASE AND TERMINATE THE SAME IN ITS ENTIRETY UPON GIVING
THIRTY (30) DAVE WRITTEN NOTICE TO LESSEE THAT IT DESIRES TO TERMINATE
? THE SAME. UPON THE GIVING OF SUCH NOTICE SAID LEASE SMALL TERMINATE ON
THE DATE SPECIFIED BY LESSOR AND THEREAFTER LESSEE SMALL HAVE NO FURTHER
+ RIGHT'III THE LEASED PREMISES. -
2. LESSEE AGREE81
,(A)( THAT UPON THE TERMINATION Of THIS LEASE EITHER BY
EXPIRATION Of THE LEASE TERM OR UPON PRIOR TERMINATION AS A RESULT
OF NOTICE FROM LE33OR, IT WILL IMMEDIATELY YIELD UP THE PREMISES
PEACEABLY TO LESSOR IN GOOD CONDITION, REMOVING THEREFROM ANY BUILDING,
STRUCTURE, IMPROVEMENT OR PER30HAL PROPERTY PLACED THEREON BY LESSEE
AND RESTORING THE SURFACE TO ITS PRESENT CONDITION, ALL AT THE SOLE x-
AND ENTIRE CO3T AND EXPENSE OF LESSEE. IN THE EVENT LESSEE FAIL$ TO
SD YIELD UP THE PREMISES UPON TERMINATION OF THIS LEASE THEN IN
ADDITION TO ANY OTNER REMEDY PBOVIDED BY LAW, LE880R SMALL HAVE THE
;z+ RIGHT TO ENTER UPON THE LEASED PREMISES, FORCIBLY If NECESSARY, AND
TAKE P033CS31ON OF THE SAME WITHOUT BEING LIABLE IN TRESPASS OR ?•
?t
OTHERWISE FOR ANYTHING DONE IN THE RETAKING Of SUCH POSSE881011.
'(B) THAT IT WILL PERMIT NO USE Of THE PREMISES EXCEPT
FOR PUBLIC RECREATIONAL PURPOSES AND THE CONDUCT OF INNOCENT,SPORTS
THEREON, ALL SUCH RECREATION AND SPORTS TO SE CONDUCTED UNDER AND
SUBJECT ENTIRELY TO THE CONTROL OF LESSEE.
(C) THAT LESSEE SHALL HAVE PULL, EXCLUSIVE AND ENTIRE
CONTROL AND DIRECTION OF THE USE AND NAINTENANCE Of THE LEASED PREMISES
DURING THE TERN OF THIS AGREEMENT AND THAT LESSOR SMALL NOT BE LIABLE
TO ANY PERSON, FIRM OR CORPORATION FOR ANY DAMAGE OF ANY KIND OR
CHARACTER TO PERSONS OR PROPERTY ARISING FROM, GROWING OUT Of, OR
CONNECTED WITH ANY USE Of THE LEASED PREMISES DURING THE TERM Of THIS
LEASE. LE88EE AGREES TO PROTECT ANO,HOLD LESSOR NARMLE38 FROM AMY
AND ALL CLAIMS -OR DEMANDS MADE AGAINbT LESSOR FOR ANY SUCH OAHAGES,
INCLUDING THE COST AND EXPENSE Of ATTORNEV'S FEES INCURRED IN CONNECTION
THEREWITH.
(D) THAT VNIS LEASE CANNOT DE ASSIGNED OR-THE LEASED
• - PREMISES SUBLET IN WHOLE OR IN PART. ••
IN WITNESS WHEREOF, THIS INSTRUMENT IS EXECUTED IN DUPLICATE
ORIGINALS BY THE PARTIES,-EACH ACTING BY AND'THROUON ITS DULY AUTHORIZED
.2.
OF►ICERS HEREUNTO, ON THIS TUC OAY OP .79611.
PITTSBURGH PLATE GLASS CHEMICAL DIVISION
i BY
r' WORKS MANAGER
ATTESTI
_ CITY OF CORPUS CHRISTI
CITY MANAOER
.e .
-CITY SECRETARY
APPROVED AS TO LEGAL FORM 4y'
APRIL , 1964: ..,..
CITY ATTORNEY %
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PER30NALLY
• APPEARED S. J. HULTMAN, WORKS MANAGER OF PITTSBURGH PLATE GLASS CHEMICAL
DIVISION, A CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE
NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE
THAT THE SAME WAS THE ACT OF THE SAID CORPORATION AND THAT HE EXECUTED "
THE BAME AS THE ACT AND OECD OF SUCH CORPORATION ►OR THE PURPOSES AND
CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED*
GIVEN UNDER NY NAND AND SCAL'OF GFFICE, TMIS THE DAY
of , 1964.
,
NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE
NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME
THAT THC SAME WAS THC ACT OF THC SAID CITY AND THAT NE EXECUTED THE
'SANE AS THE ACT AND DEED OF SAID MUNICIPAL CORPORATION FOR THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED'.
GIVEN UNDER NY HAND AND BCAL OF O► ►ICE, THIS THE DAY
OF 1964.'
NOTARY PUBLIC IN AND FOR NUECEi COUNTY, TEXAS
CORPUS CHRISTI, TEXAS //
b DAY OF �9A L.
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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
mo
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZp JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE