HomeMy WebLinkAbout11063 ORD - 09/06/1972• JRR /Mc 9/1/72 IfT •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A 30 -YEAR LEASE
AGREEMENT WITH THE NUECES COUNTY NAVIGATION DISTRICT
WHEREBY THE CITY WILL BE USING A PORTION OF THE NAVIGA-
TION DISTRICT PROPERTY FOR THE OPERATION OF A DRAINAGE
SYSTEM KNOWN AS THE BROWNLEE- LEATHERS DRAINAGE PROJECT,
ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A
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,
TEXAS:
SECTION 1. THAT THE 'CITY MANAGER BE, AND HE IS HEREBY., AUTHORIZED
TO EXECUTE A 30 -YEAR LEASE AGREEMENT WITH THE NUECES'COUNTY NAVIGATION DISTRICT
WHEREBY THE CITY WILL BE USING A PORTION OF THE NAVIGATION'DISTRICT PROPERTY
FOR THE OPERATION OF A DRAINAGE SYSTEM KNOWN AS THE BROWNLEE- LEATHERS DRAINAGE
PROJECT, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A COPY OF WHICH
IS ATTACHED HERETO AND MADE 'A PART HEREOF.
SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID LEASE AGREEMENT
AT THE EARLIEST POSSIBLE DATE 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 BUT 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, 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
FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED? THIS'THE 6 ✓�-Yv
DAY OF SEPTEMBER, 1972.
ATTEST:
CITY SECRETAR -AYQR
THE CITY RP 0 CO HRISTI, TEXA5
APPROVED:
AY F PTEMBER, 1972:
CITY ATTORNEY B`+"'
"
u A CCD3
LEASE
THIS LEASE IS MADE in duplicate this 12th day of September, 1972,
between Nueces County Navigation District No. 1, acting herein by and through its
Board of Navigation and Canal Commissioners (said Board being hereunto duly autho-
rized), called "District ", and the City of Corpus Christi, County of Nueces, State
of Texas, called "Lessee "; and
For and in consideration of the sum of One Dollar (81.00) and the
covenants to be kept and performed by Lessee, District hereby leases to Lessee the
following described tract of land lying and being situated in Nueces County, Texas,
to wits
Being a tract of land located about 500 feet south of Corpus
Christi Turning Basin and about 3700 feet west of Corpus Christi
Harbor Bridge, and being more specifically described as follows:
Beginning at a point S 88036'W, 3545.28 feet and S 10241E,
572.76 feet from the southeast corner of Corpus Christi Turning
Basin, said point lying on the south property line of Nueces
County Navigation District, for the east corner of this tract;
Thence S 880361W, 59.07 feet to a property corner for the
southwest corner of this tract;
Thence N 500491W, 130.75 feet along Nueces County Navigation
District southwest property line and the toe of slope of a
backwater levee neat to a drainage ditch to a point on the
southeast side of a concrete slope protection slab for a cul-
vert and gate thru the levee for the west corner of this tract;
Thence N 390111E, 25.0 feet along the concrete slab to a point
approximately on the crown line of the levee for the north
corner of this tract;
Thence S 55011?25 "E, 176.13 feet to the point of beginning,
and containing 0.108 acres of land, more or less.
These bearings are referenced to a N 880361E bearing for the
centerline of Corpus Christi Turning Basin.
This tract is further described by attached drawing No. L-1 -152 (1).
The term of this lease shall be for a period of thirty (30) years,
beginning September 15, 1972, and ending the 14th day of September, 2002.
The parties hereto further covenant and agree as follows:
I.
The property covered by this lease is to be used solely for the con-
struction and maintenance of a drainage ditch and for drainage purposes and for
no other use without prior written consent of District. Lessee shall have the
right to move the backwater levee which currently is in place on the leased pre-
mises and to dig, out away and remove the earth on the leased premises to construct
an addition to the adjacent drainage ditch.
I.T.
Lessee agrees that, without cost to District, the backwater levee which
is currently on the leased premises will be moved to the northward and placed on
the adjoining land of District. District hereby grants permission to Lessee for
ingress and egress on its adjoining land for the purpose of maintenance, removal,
construction and replacement of the said backwater levee and the moving and re-
placement of the existing fence which presently is in place along the southerly
and westerly boundaries of the leased premises and to a location along the
easterly and northerly boundaries of the leased premises.
III.
This lease shall not be assigned, nor shall the premises be sublet in
whole or in part, without the consent of District in writing thereto first being
obtained.
IV.
Lessee, its successors and assigns, shall indemnify and hold District
harmless of and from all expenses and liabilities for and resulting from negligence
of Lessee, its agents or employees, in connection with the exercise by Lessee of
the rights and privileges hereby granted.
V.
This agreement shall be binding upon the successors, legal representatives
and assigns (when assignment is made in accordance with this lease) of the parties
hereto.
IN TESTIMONY WHEREOF this lease is executed on the date first above
mentioned.
Nueces County Navigation District No. 1
BY:
ATTEST:
Assistant Secret Its Board of Navigation and
Canal Commissioners
• 3
CITY OF CORPUS CHRISTI
ATTEST:
BS'=
Secretary
(Title)
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
R. E. SAM , STANLEY J. HULTMAN and WILLIAM E. CARL, known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged
to me that they executed the same as the act and deed of the NUECES COUNTY NAVI-
GATION DISTRICT NO. 1 as Navigation and Canal Commissioners of such District, and
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1972.
Notary Public, Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
R. MARVIN TOWNSEND, City Manager, City of Corpus Christi, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed of the CITY OF
CORPUS CHRISTI for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1972.
Notary Public, Nueces County, Texas
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CORPUS CHRISTI, TEXAS
p, DAY OF efi-A 9--7—z—
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.
PECT LLY,
MAYOR
THE CITY OF CO CHRISTI,, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
- CHARLES A. BON NIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
., THOMAS V. GONZALES
GAGE LO2ANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D. _
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK