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Home My WebLink About10224 ORD - 03/31/1971JRR:e:3 /30/71 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH THE SOUTH TEXAS RAILROAD HISTORICAL SOCIETY, A TRUE COPY BEING ANNEXED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, FOR THE ESTABLISHMENT AND PREPA- RATION OF A RAILROAD EXHIBIT; APPROPRIATING THE SUM OF $20,000 IN THE GENERAL FUND OF THE CITY FOR THE ESTABLISHMENT AND PREPARATION OF SAID RAILROAD EXHIBIT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized and directed to execute, for and on behalf of the City of Corpus Christi, an agreement with the South Texas Railroad Historical Society, a true copy being annexed hereto, marked Exhibit "A ", and made a part hereof, for the establishment and preparation of a railroad exhibit. SECTION 2. There is hereby appropriated out of 102 General Fund the sum of $20,000.00. SECTION 3. The necessity to make the necessary appropria- tion for the establishment and preparation of the above described railroad exhibit, and to authorize the City Manager to execute the necessary documents to effect the establishment of this exhibit at the earliest possible date creates a public emergency and 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 resolu- tion shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule 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 r 10224 passage, IT IS ACCORDINGLY SO ORDAINED, THIS the day of March, 1971. ATTEST• City Secreta THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 30TH D& OF MaCHi1971: Cites Attorney Z/ 3/3 /7 BJw• 1 1 EXHIBIT "A" THE STATE OF TEXAS BE IT REVE443ERED: COUNTY OF NUECES WHEREAS, THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC'•UNDER THE LAWS OF THE STATE OF TEXAS, HEREINAFTER CALLED CITY, AND THE SOUTH TEXAS RAILROAD HISTORICAL SOCIETY, HEREINAFTER CALLED SOCIETY, A NON - PROFIT CORPORATION CHARTERED UNDER THE LAWS OF THE STATE OF TEXAS AND DOMICILED IN NUECES COUNTY, TEXAS, ARE MUTUALLY DESIROUS OF ARRANGING SPACE FOR THE HOUSING AND DISPLAY OF VARIOUS RAILROAD ROLLING STOCK, RAILROAD STA- TION, AND RAILROAD EQUIPMENT AND FIXTURES, TO WHICH SOCIETY HOLDS VESTED OR CONDITIONAL TITLE; AND WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL OF CORPUS CHRISTI THAT PARTICIPATION BY CITY WITH SOCIETY IN HOUSING AND DISPLAYING SUCH STOCK, STATION, EQUIPMENT AND FIXTURES IS TO CITY'S ADVANTAGE AND WILL PROMOTE THE PUBLIC WELFARE: NOW, THEREFORE, CITY AND SOCIETY HAVE HEREBY FORMED AND ENTERED. INTO THIS AGREDENT FOR THE PURPOSES AFORESAID AND FOR AND IN CONSIDERATION OF THE COVENANTS AND UNDERTAKINGS HEREINAFTER EXPRESSED: ' I THE SOCIETY WILL: 1. EXECUTE AND CAUSE TO BE EXECUTED ALL LEGAL INSTRUMENTS AND DOCU- MENTS NECESSARY TO CONVEY TO CITY ALL RIGHT, TITLE, AND INTEREST OF SOCIETY IN AND TO THE RAILROAD CARS, INCLUDING, BUT NOT LIMITED TO, THE BURLINGTON ZEPHYR OBSERVATION CAR, BAGGAGE WAGON, HAND CARS, RAILROAD-TRAFFIC SIGNALS, AND OTHER RAILROAD EQUIPMENT FIXTURES IN THE ACTUAL OR CONSTRUCTIVE POSSES- SION OF SOCIETY AS OF THE DATE HEREOF, SUBJECT TO THE TERMS OF THIS AGREE- MENT AND SUCH OTHER FACILITIES OR EQUIPMENT AS SOCIETY MAY OFFER TO CITY IN THE FUTURE AND CITY MAY ACCEPT. 'L. • ASSIST CITY AND ITS MUSEUM IN THE LOCATION AND PREPARATION OF THE ITEMS DESCRIBED IN PARAGRAPH 1 HEREOF FOR EXHIBIT. 3. ON REQUEST BY CITY, PROVIDE A COMMITTEE OF PERSONS KNOWLEDGE- ABLE IN RAILROADING AND RAILROAD HISTORY TO ASSIST THE CITY MUSEUM DIRECTOR IN THE MANAGEMENT AND DISPLAY OF THE SAID CONTEMPLATED RAILROAD EXHIBIT, AND TO ESPECIALLY ADVISE ON THE INTERPRETATION AND PRESERVATION OF SOUTH TEXAS RAILROAD HISTORY IN SAID EXHIBIT. r 4. ASSIST CITY IN PREPARING AND DISSEMINATING ADVERTISEMENT AND PROMOTION OF SAID EXHIBIT. THE CITY WILL: 1.1, ACCEPT THE RIGHTS, TITLES, AND INTERESTS IN AND TO THE PROPER- TIES DESCRIBED IN ARTICLE I, PARAGRAPH 1 HEREOF, FREE OF ALL MORTGAGES, LIENS, ENCUMBRANCES, OR DEBTS. 2. PROVIDE AND PREPARE A SUITABLE SITE FOR THE PRESERVATION AND DISPLAY OF SAID PROPERTIES. CITY'S DETERMINATION AS TO SUITABILITY OF SITE SHALL BE CONCLUSIVE. 3. PROVIDE ELECTRICAL, GAS (IF NECESSARY), SEWER AND WATER SER- VICE AT THE 1 EXHIBIT SITE, INCLUDING EXHIBIT LIGHTING. 4. FENCE AND LANDSCAPE THE EXHIBIT SITE. 5. PROVIDE CONTINUOUS, REASONABLE PROTECTION OF SAID PROPERTIES AND OPERATE AND MAINTAIN SAID EXHIBIT FOR PUBLIC DISPLAY. 6. PERMIT PERSONS DULY AUTHORIZED IN WRITING BY THE PRESIDENT OF THE SOUTH TEXAS RAILROAD HISTORICAL SOCIETY TO HAVE ACCESS TO THE EXHIBIT DURING REGULAR MUSEUM HOURS OR AT SUCH OTHER TIMES AS MAY BE APPROVED BY THE MUSEUM DIRECTOR FOR PURPOSES OF INSPECTING, OUTFITTING, REFURBISHING, RESTOR- ING AND REPAIRING SAID EXHIBIT AND FOR MEETINGS OF SOCIETY. III SALE OF ANY OR-ALL OF SAID PROPERTIES OR THE PERMANENT REMOVAL OF ALL OR ANY PART THEREOF FROM SAID EXHIBIT SITE SHALL ONLY BE PER14ITTED AFTER CITY HAS DECLARED SUCH AFFECTED PROPERTY TO BE SURPLUS AND HAS SO ADVISED SOCIETY. NO SUCH SALE OR REMOVAL SHALL BE MADE UNLESS SOCIETY AGREES THERE TO OR HAS BEEN GIVE14 NOT LESS THAN 180 DAYS IN WHICH TO REMOVE SUCH SURPLUS PROPERTY FROM THE SITE. IF,-AFTER THE EXPIRATION OF SAID 180 -DAY PERIOD, SUCH PROPERTY HAS NOT BEEN REMOVED, CITY SHALL HAVE AUTHORITY TO SELL OR RESTORE SUCH PROPERTY FROM THE SITE. IV ANY OTHER TERM OF THE AGREEMENT NOTWITHSTANDING, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT CITY IS NOT LIABLE IN MONEY DAMAGES TO SOCIETY, OR ANY THIRD PARTIES, FOR FAILURE TO ESTABLISH, PREPARE, LOCATE, MAINTAIN -2- OR OPERATE SAID EXHIBIT. IN EVENT OF ANY MATERIAL BREACH OF THE THE TERMS HERE- OF BY CITY, SOCIETY, AT ITS OPTION, WITHIN NOT MORE THAN 180 DAYS AFTER OCCURRENCE OF SUCH BREACH, MAY DELIVER IN WRITING TO CITY ITS WRITTEN RESCIS- SION OF THIS AGREEMENT AND REMOVE SAID EXHIBIT FROM THE SITE. V ALL UNDERTAKINGS AND UNDERSTANDINGS OF THE PARTIES HERETO ARE MERGED IN THIS INSTRUMENT. IN WITNESS WHEREOF, CITY, BY AND THROUGH ITS CITY MANAGER, R. MARVIN TOWNSEND, AND SOCIETY, BY AND THROUGH ITS HAVE.HEREUNTO SUBSCRIBED THIS DAY OF , 1971, AT CORPUS CHRISTI, TEXAS, IN DUPLICATE ORIGINALS. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER APPROVED: 31 ST D z Y OF M H TY ATTORNEY ATTEST: SOUTH TEXAS RAILROAD HISTORICAL SOCIETY BY SECRETARY • S Corpus Christi, Texas dt day of 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, • y MA OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was susp ded by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases —?f Ken McDaniel _ W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol owing vote: Jack R. Blackmon Q•�1 -e__ Gabe Lozano, Sr.�`� V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore