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HomeMy WebLinkAbout12791 ORD - 09/10/1975jkh:9 -9 -75; 1st i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT USE AGREEMENT WITH THE STATE OF TEXAS, THROUGH THE TEXAS PARKS AND WILDLIFE COMMISSION, WHEREBY THE CITY OF CORPUS CHRISTI WILL GUARANTEE PUBLIC USE OF THE OSO BOAT RAMP IN PERPETUITY, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, 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 be and he is hereby authorized to enter into a joint use agreement with the State of Texas, acting by and through the Texas Parks and Wildlife Commission, whereby the City of Corpus Christi will guarantee public use of the Oso Boat Ramp in perpetuity, .. said boat ramp being situated on Corpus Christi Bay near the Cayo Del Oso, in the City of Corpus Christi, the terms and conditions of said agreement more fully setting forth the understanding and agreement of the parties, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". - SECTION 2. The necessity to authorize execution of the aforesaid }, agreement for the purposes outlined creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no i 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 exist, and having requested the suspension of the said 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 6D day of September, 1975. ATTEST: uity Secretary MAYOR API?ED: THE CITY OF CORPUS CHRISTI, TE _/ DAY OF SEPTEMBER, 1975: ��G��, / _ City A��torney 12'791 L THE STATE OF TEXAS 4 - COUNTY OF NUECES WHEREAS, the City of Corpus Christi, Texas, has an easement in perpetuity for the construction, installation, operation, maintenance, repair and replacement of a bay boat ramp facility, together with access thereto and ancillary parking upon the hereinafter described tract of land, said + easement having been acquired by the City of Corpus Christi, Texas; WHEREAS, the State of Texas, acting herein by and through the Texas Parks and Wildlife Commission, and hereinafter referred to as the State, desires and proposes to construct, maintain, and operate a boat launching ramp upon said tract of land, together with a parking area in conjunction therewith: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Corpus Christi, acting herein by and through its City Manager, for and in consideration of the work to be done and services hereafter to be performed by the State, does hereby dedicate this facility to public use in perpetuity from the date of this instrument and also sub- ject to the terms and conditions hereinafter set forth, the use and juris- diction over all that certain tract, piece, and parcel of land, said land being described as follows: Beginning at a point in a tract of land known as Island "A ", said point being a United States Coast and Geodetic Survey marker known as CALLO and bearing the Lambert grid system coordinates X = 2,384,025.51 and Y = 744,893.57. Thence N 540 11'00 W 439.75' to a point. Said point being the most northwesterly corner of' a tract called Island "A." Thence S 84° 47' 20" E 395.11' to a point. Thence S 700 17' 30" E 384.40' to a point. Said point being the northwest corner and beginning point of an 80' X 100' rectangular boat ramp easement. Thence s 660 30' 20" E 100' to a point. ; Thence S 23° 29' 40" W 80' to a point. Thence N 660 30' 20" E 100' to a point. Thence N 230 29' 40" E 80' to a northwest corner and point of beginning of the rectangular boat ramp easement. Access road and parking easement being all that portion of Island "A" east of Ocean Drive to the shoreline of Corpus Christi Bay. In consideration of the foregoing transfer of the use of and jurisdiction over the above described tract of land, the State agrees to construct, maintain, and operate on said land a boat launching ramp and appurtenances, all of which facilities or improvements shall attach to and become a part of said real property. The "Grantee" agrees to pick up trash, mow and otherwise maintain the said facility in a clean, neat, and sanitary condition and to keep the area under surveillance to eliminate the possible creations'of a nuisance or hazard to the public or adjacent property owners. It is further understood and agreed that the State may, at its option, discontinue maintenance and operation of said facilities at any time without any further or additional obligation to the said City of Corpus Christi and in the event the State does cease to maintain and operate said facilities for any reason, such as lack of use and /or excessive maintenance costs, then the use of and jurisdiction over said land shall automatically revert to said City of Corpus Christi. It is understood and agreed that the usual policies of the Texas Parks and Wildlife Commission governing vending on property under the owner- ship or control of the State through the Parks and Wildlife Department will apply to the land herein transferred. IN WITNESS WHEREOF, this Agreement is entered into and duly executed on this the— -' day of 1975. ATTEST: CLAYTON T. GARRISON Executive Director TEXAS PARKS AND WILDLIFE DEPARTbIENT L i - CORPUS CHRISTI, TEXAS DAY OF 19 L,/ TO THE MWERS 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; I, 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. - - RESPECTFULLY, " I MAYOR THE CITY OF CORPUS CHRISTI, T AS - THE CHARTER RULE WAS SUSPENDED BY THE F LI OW ING VOTE: JASON LUBY - DR. BILL TIPTON - EDUARDO DE ASES ' RUTH GILL - BOB GULLEY GABE LOIANO, SR. EDWARD L. SAMPLE - THE ABOVE ORDINANCE WAS PASSED BY THE F LLOWING VOTE: ' JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY - GABE LOZANO, SR. EDWARD L. SAMPLE V