HomeMy WebLinkAbout10985 ORD - 07/19/1972JRR:jkh:7- 11 -72; 1st •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE
A LEASE BETWEEN W. L. BURCH, LESSEE, AND LOWER NUECES
RIVER WATER SUPPLY DISTRICT, LESSOR, PERTAINING TO
THE LEASE OF CERTAIN LANDS WITHIN THE LOWER NUECES
RIVER WATER SUPPLY DISTRICT, BEING APPROXIMATELY 20
ACRES OF LAND MORE OR LESS AND MORE FULLY DESCRIBED IN
SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF FOR ALL PURPOSES AND MARKED
EXHIBIT "A "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager of the City of Corpus Christi,
for and on behalf of the City, be and he is hereby authorized and directed
to approve a lease between W. L. Burch, Lessee, and Lower Nueces River
Water Supply District, Lessor, pertaining to the lease of certain lands
within the Lower Nueces River Water Supply District, being approximately
20 acres more or less and more fully described in said Lease Agreement, a
copy of which is attached hereto and made a part hereof for all purposes
and marked Exhibit "A".
SECTION 2. The necessity to authorize the City Manager to
approve the aforesaid lease at the earliest practicable date creates a
Public emergency and an imperative public necessity requiring the suspen-
sion of the Charter rule that no ordinance or resolution shall be passed
finally on the date of its introduction but 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 passage, IT IS ACCORDINGLY SO
ORDAINED, this the 19th day of July
ATTEST,
Ci y Secretary/ MAYOR
APPROVED: i THE CITY OF CORP C ISTI, TEXAS
19th DA 0 JULY, 1972:
C A to ey
10985
JRR:HG:jkh:7- ll -72¢ 1st . e i
THE STATE OF TEXAS X
COUNTY OF NUECES X KNOW ALL MEN BY THESE PRESENTS:
That the Lower Nueces River Water Supply District, hereinafter
called Lessor, and W. L. Burch, of Nueces County, Texas, hereinafter called
Lessee, enter into the following lease agreement, to -wit:
1. The Lower Nueces River Water Supply District owns by quitclaim
deed from the City of Corpus Christi, File No. 83751, County of Nueces,
twenty (20) acres of land out of an original tract of 141.62 acres of
land out of the John McMullen Grant, being the same land described in
easement deed dated April 5, 1928, from H. Roos and R. C. Roos, to the
City of Corpus Christi, Texas, and which said deed is recorded in Volume
29, page 41, Deed Records of Live Oak County, Texas.
It is understood and agreed by parties to this contract that
approximately twenty (20) acres of the 141.62 acres is above the 94.0 feet
elevation and that this is the property that is being leased.
• 2. Lessor does by these presents demise and lease unto Lessee
that portion of said John McMullen Grant consisting of twenty (20) acres
for the sum of Five Dollars ($5.00) per acre per year for grazing.
The first year's rent of One Hundred Dollars ($100.00) shall be
payable in advance upon date of execution hereof and annually thereafter
on the anniversary date of the lease.
It is further agreed that Lessee shall and is hereby obligated to
maintain fences in as good a condition as same are in on date of execution
hereof.
Lessor.
3. Said property will not be subleased without permission of the
4. Lessee recognizes that the City and Lower Nueces River Water
Supply District have a right of ingress and egress.
5. Lessee agrees to assume all risks of loss, injury, or damage
of any kind or nature whatsoever to any personal property that may be placed
upon said leased premises. Lessee agrees to save and keep harmless the
Lessor from all claims and suits growing out of any such loss, injury, or
damage.
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6. This lease is made subject to all valid oil, gas and mineral
rights.
7. This contract is to remain in effect for five (5) years from
the effective date of this agreement. In addition to this five —year contract,
option to extend is included provided the property is not desired for higher
use development by the Lessor, at determination by Lessor, or its successor
in interest, as to what constitutes "higher use."
WITNESS OUR HANDS this the day of , 1972.
APPROVED: LOWER NUECES RIVER WATER
SUPPLY DISTRICT
CITY OF CORPUS CHRISTI
By.
By President
R. Marvin Townsend LESSOR
City Manager
ATTEST:
W. L. Burch
LESSEE
City Secretary
APPROVED:
DAY OF JULY, 1972:
City Attorney
W
CORPUS CHRISTI, TEXAS ^^
DAY OF 19, -7.7-,
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; 1, 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. - -
R ECT ULLY,
MAYOR
THE CITY fOF COR S CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEz, M.D.
REV. HAROLD T. BRANCH '
• _ THOMAS V. GONZAIES
GABE LO2ANO, $R.
. V. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
. BONNIE S12EMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUE2, M.D. [Z•,�Jt"
'REV. HAROLD T. BRANCH -^ U�---
THOMAS V. GON2ALE5
GABE LOZANO, $R.
J. HOWARD HOWARD $TARK Qy�