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HomeMy WebLinkAbout12784 ORD - 09/03/1975l 1 MIM:vp:9 /2/75:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TEXACO, INC., EXTENDING FOR A THREE -YEAR PERIOD THE GRANT OF PRIVILEGE HERETOFORE AUTHORIZED BY ORDINANCE NO. 10967, FOR THE MAINTENANCE OF A DOUBLE -FACE ILLUMI- NATED SIGN AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR AN ANNUAL RATE OF $4002 ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to enter into an agreement with Texaco, Inc., extending for a three -year period the Grant of Privilege heretofore authorized by Ordinance No. 10967, permitting Texaco, Inc. to maintain a double -face illuminated sign at the Corpus Christi International Airport, for an annual rate of $400, all as more fully set forth in the agreement, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof for all pertinent purposes. SECTION 2. That the necessity to authorize the execution at the Me earliest practicable date of the aforementioned extension agreement for the Purposes outlined 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 and be in full force and effect 1 from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the s " " may of September, 1975. ATTEST. Ciay Secretary APPROVED: YORNra -Tem THE CITY OF CORPUS CHRISTI, TEXAS 3 DAY OF SEPTEMBER, 1975: City Attorney 12784 MLM:vp:9 /3/75 GRANT OF PRIVILEGE KNOW ALL MEN BY THESE PRESENTS: In consideration of Four Hundred and N01100 Dollars ($400.00) per year, payable annually in advance, the undersigned Grantor, a municipal corporation, hereby grants to TEXACO Inc., a Corporation, Grantee herein, , having its place of business at 2700 Texaco Road, "Nueces County, Texas, the privilege of maintaining a double-face illuminated sign, 37 feet 6 inches in length and approximately 35 feet in height, said sign to have the wording "TEXACO" thereon. The sign is situated on a line approximately 12 feet Southeast of and parallel to the Southeast lease line of Bledsoe Aviation (formerly the Gulf Coast Aviation, Inc., lease) and the extension of the hangar 'ease s'_te building line, with the Southwest end of the sign tangent to the extension of the building line and extending approximately 37 feet Ei inches to the Northeast, it being understood by both parties that the privilege herein granted extends only to the one sign requested by the Grantee, and does not grant to said Grantee the right to install or erect additional signs or structures on the said lands. The sign has been con- structed in accordance with and in conformity with the City Electrical and Building Codes. The sign will not be increased in size or in height. The aforesaid sign will be maintained in a safe condition, in a good state of repair and in keeping with the policy regarding signs heretofore adopted by the City Council. Grantor shall have the right to terminate this grant of privilege upon determination of the City Council of Grantor that the removal of the sign from the lands is necessary or desirable for any reason on the part of the City. The term of this privilege is for a period of three (3) years commencing on August 1, 1975, unless sooner terminated as hereinafter provided. This agreement is not exclusive and shall not prevent the City from making other use of the lands other than the site of the structure actually used for the aforesaid sign, except for any like product signs by competing companies in the immediate area. EXHIBIT "A" If the Grantor so terminates this privilege, as above provided, prior to the expiration of the term, Grantor shall give written notice to Grantee by mail of said termination and Grantee shall remove the said sign from the said land within thirty (30) days of the date of the mailing of the written notice. Upon the termination of this privilege by Grantor prior to the completion of the three year term, Grantor shall rebate to Grantee the pro rata part of the unearned rent as calculated pro rata from the date' of removal of the sign. Grantee agrees to carry a public liability policy, naming the City as an insured, and Grantee agrees to protect and save harmless the Grantor from any and all damages or claims for damage to persons or property, or provide the Grantor a "hold harmless" agreement. Grantee agrees to repair any damage that may be caused to Grantor's property caused by reason of con- struction, or maintenance or removal of the said sign. 'This privilege is binding upon the heirs, assigns and /or successors of both the Grantor and Grantee. EXECUTED this the day of September, 1975. CITY OF CORPUS CHRISTI By ATTEST: City Manager City Secretary GRANTOR APPRO'ED AS TO LEGAL FORM THIS DAY OF SEPTEMBER, 1975. / `TT�"cr � ity Attorney ACCEPTED; TEXACO Inc. By CORPUS CHRISTI, TEXAS Dar of � 19�� TO THE MEPGERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF TME+FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECE33ITY E %13T 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 INTRODUCE CITY COUNCIL, D, OR AT THE PRESENT MEETING OF THE RESPECTFULLY, i OR P. e�TYOF THE C PUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR, BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR, EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY DR. BILL TIPTON� EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE