The URL can be used to link to this page

Home My WebLink About11063 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 I • f ev / (.!D g oll o QD 0.108 AME LEASE TO �. CITY OF CCRPUS CHRISTI N PONT OP 5°s!NNlwG : 1. to s,Bn "3G'�V 35;5.23', C • O S. I' Z.4' E., 572.76' Q • . t7 Ir FROM •1.E'• CORWETZ Z CC'ZPUS CHIZIS71 TUZ;ING [3A5IN. �' RCFE cENCEL�; bwGS. P- 5-1(7, P•5- Z5(I)1 C'-5- 8�(AA� �H, C -I . (J No DIE 1,e —..N NUECEU COUNTY NAYIOATi 1119TNICT NUMUEN ONt - - - -_ __ lid I•C. FOD IMi"'f;",I_� „,.I•- -� -- - - --- -- a. -c I • _ .� inn i... . 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