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Home My WebLink About11359 ORD - 03/14/1973JRR:jkh:3- 14 -73; 1st • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE SOUTH TEXAS RAILROAD HISTORICAL SOCIETY THE CONDITIONAL GIFT DEED REGARDING THE ITEMS OF THE RAILROAD HISTORICAL MUSEUM AS DESCRIBED IN THE GIFT DEED, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF AS IF COPIED VERBATIM HEREIN; 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 accept, for and on behalf of the City, the Conditional Gift Deed regarding the items of the Railroad Historical Museum from the South Texas Railroad Historical Society, all as more fully set forth in the Conditional Gift.Deed, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes as if copied verbatim herein. SECTION 2. The necessity to accept tie Conditional Gift- Deed for the purposes aforesaid in order that the items therein described may be housed and displayed for the enjoyment of the citizens of this City as well as visitors to the City creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- duction 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 ordinmcebe 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, th the / day of Marc 1973. ATTEST•, City 'Se creta MAYOR THE CITY OF CO S RISTI, TEXAS APP UVED: //JJ DAY OF// eo , 1973: lzall City Attorney III (:i !!,I' Ll CONDITIONAL GIFT DEED STATE OF TEXAS } COUNTY OF NUECES ) KNOW ALL MEN BY THESE PRESENTS: THAT 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, FOR GOOD AND VALUABLE CONSIDERATION FROM THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS, HEREINAFTER CALLED CITY, THE RECEIPT OF SAID CONSIDERA- TION BEING*HEREBY ACKNOWLEDGED, HAS GIVEN, BARGAINED, ASSIGNED AND CONVEYED, AND BY THESE PRESENTS DOES GIVE, BARGAIN, ASSIGN AIJD CONVEY UNTO CITY,•FREE OF ALL MORTGAGES, LIENS, ENCUMBRANCES, OR DEBTS, ALL RIGHT, TITLE, AND INTEREST OF SOCIETY IN AND TO ALL OF THE FOLLOWING DESCRIBED PROPERTY: ONE (1) CHA14PLIN REFINING TANK CAR No. HHCX310 ONE (1) MISSOURI PACIFIC STOCK CAR NO,.1AP53925 ONE 1) TEXAS- MEXICAN RAILWAY-CABOOSE No. TM311I ONE (1) MISSOURI PACIFIC COACH ND, i50 ONE (1) MISSOURI PACIFIC SLEEPING CAR (EAGLE REFUGE) NO. 663 ONE (1) BURLINGTON LINES OBSERVATION - LOUNGE - DINING CAR (SILVLR HOURS) No. 302 ONE f1) RAILROAD STATION BUILDING - INGLESIDE (DUPONT) ONE (1) BAGGAGE WAGON ONE (1) HAND CAR . RAILROAD TRAFFIC SIGNAL AND OTHER, MISCELLANEOUS RAILROAD EQUIPMENT AND FIXTURES. THIS CONVEYANCE IS MADE SUBJECT GENERALLY TO THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BETWEEN SOCIETY AND CITY, MARKED "EXHIBIT 'A'" AND ANNEXED TO CITY OF CORPUS CHRISTI ORDINANCE No. 102211, WHICH AGREEMENT AND ORDINANCE, BY THIS REFERENCE, ARE INCORPORATED HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES. THE CONVEYANCE MADE HEREIN OF THE AFORESAID MISSOURI PACIFIC COACH AND THE SLEEPING CAR IS RESTRICTED IN USE BY CITY TO NON - TRANSPORTATION REVENUE PURPOSES. - /J EXECUTED TH I s THE I ( �H DAY F / l -mac, 1973 AT CoPCUS CHRISTI, i1UECLS COUNTY, TEXAS. ATTEST: SOUTH �TFX R, . , , D ll STOR ICAL SOCIETY PR I: ,:I DENT ACCEPTED AND AGREED TO: 12 ,- f•in r v I IJ- CITY MANAGI. I; -v - �� I ;R /MC 1/`1/(3 ��• , STATE OF TEXAS ) COUNTY OP NUECES ) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PCRSONALLY APPEARED TOM PETR, PRESIDENT OF THE SOUTH TEXAS RAILROAD HISTORICAL SOCIETY, A NON- PROFIT CORPORATION, KNOU'N 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 OF SAID CORPORATION, IN THE CAPACITY THEREIN STATED, AND FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE _� DAY of 1973• 0 NOTARY PUBLIC IN AND 0 I•JUECES CDBNTY, TEX S. DOROTHY .Notary Public In and for Nue es County,. Texas THE STATE OF TEXAS Z COUNTY OF NUECES BE IT RU'Ef- BERED: WHEREAS, TIIC 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 CO;COITIONAL 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: ' W-1, THEREFORE, CITY AND SOCIETY HAVE HEREBY FOR14ED AND ENTERED INTO THIS AGREEI!ENT FOR THE PURPOSES AFORESAID AND FOR AND IN-CONSIDE:RATION OF THE COVCNANTS AND UNDERTAKINGS HEREINAFTER EXPRESSED: 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 013SERVATION CAR, BAGGAGE WAGON, HAND CARS, RAILROAD TRAFFIC SIGNALS, AIJD OTHER RAILROAD .EQUIPMENT FIXTURES IN THE ACTUAL OR CONSTRUCTIVE POSSES - SIGN 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. 2. ASSIST CITY AND ITS MUSEUM IN THE LOCATION AND PREPARATION OF THE ITEMS OCSCRIDED 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 14USEUM DIRCCTOR IN TIIC MANAGEMENT AND DISPLAY OF THE SAID COUTCM1IPLATED RAILROAD CXIIIOIT, AIJD To F.SPECIALI.Y J.OVISf: ON Tin: INTCRPRL(ATION AND I RCSERVATION OF SOUTH TEXA'i RAILROAD III'-1(11:Y IN SAID 1.XIIIHIT. I1. ASSIST CITY IN PREPARING AND DISSL'MINATING ADVER71'SEMENT AND PROMOTION OF SAID EXHIBIT. , I! THE CITY WILL: •I.'. 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 CONICLUSIVE. 3. PROVIDE ELECTRICAL, GAS (IF NECESSARY), SEWER-AND WATER SER- VICE AT THE ' EXHIBIT SITE, INCLUDING EXHIBIT LIGHTING. 4. FENCE AND LANDSCAPE THE EXHIBIT SITE. 5. PROVIDE CONTINUOUS, REASONABLE PROTECTION OF SAID PROPERTIES AND OPERAT E AND MAINTAIN SAID EX'iIBIT FOR PUBLIC DISPLAY. 6. PERMIT PERSONS DULY AUTHORIZED IN WRITING BY THE PRESIDENT OF THE SOUTH TEXAS RAILROAD HISTORCAL SOCIETY TO HAVE ACCESS TO THE EXHIBIT DURING REGULAR MUSEUM HOURS OR AT SUCH OTHER TIMES AS Id AY 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 PER141TTED 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 GIVEN 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 VC -%W= ..�-v,-.a..-� SUCH -PROPERTY FROM THE SITE. IV ANY OT)IER TERM OF TIIE AGREEMENT NOTWITHSTANDING, IT IS EXPRESSLY UNOLR5TOOD AND nGRCEO THAT CITY IS NOT LIAULE IN MONEY DAMAGES TO SOCIETY, OR ANY THIRD PARTIES, FOR FAILURE TO ESTABLISH, PREPARE, LOCATE., MAINTAIN OR OPERATE SAID EXHIUIT. IN EVENT OF ANY FIATERIAL UREACH OF '1`11E TEP14S HERE OF UY CITY, SOCIETY, AT ITS OPTION, WITHIN NOT MORE THAN 180 DAYS AFTER OCCURRENCE OF SUCH UREACII, MAY DELIVER IN WRITING TO CITY ITS WRITTEN RESCIS- SION OF THIS AGREEbZNT 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, DY AND THROUGH ITS CITY MANAGER, R. MARVIN TO1711s END, AND SOCIETY, 'BY AND THROUGH I-TS President Gene B. Y eazel , HAVE HEREUNTO SUBSCRIBED THIS Elul DAY OF April , 1971, AT CORPUS CHRISTI, TEXAS, IN DUPLICATE ORIGINALS. ATTEST: CITY OF CORPUS CHRISTI By CITY SECRETA Y R. 1+1AP.V IN IOWNSE D, CITY MANAGER APPROVED: / /ST OF I SAP H, 1 / �;�ORNEY G ATTEST: SOUTH TEXAS RAILROAD HISTORICAL SOCIETY .� Y SECRETARY CORPUS CHRISTI, TEXAS CG OAy OF__�a �9 c 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 TFULIY, - p AL MAYOR THE CITY OF CO S RISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BONNIE SIZEMORE � • CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES =- p GABE LOZANO, SR. (t.p tea, Lt J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES - RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. -Rev. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. �• J. HOWARD STARK