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HomeMy WebLinkAbout13372 ORD - 09/01/1976MLM:jkh:8- 31 -76; 1st TEXAS: AN ORDINANCE REPEALING ORDINANCE NO. 13155 IN ITS ENTIRETY; AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A COOPERATION AGREEMENT WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT CONCERNING THE CONSTRUCTION AND MAINTENANCE OF A FOUR -COURT TENNIS BATTERY, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL 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 That Ordinance No. 13155 be and the same is repealed in its entirety. SECTION 2. That the City Manager be and he is hereby authorized to execute a cooperation agreement with the West Oso Independent School District concerning construction and maintenance of a four -court tennis battery, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 3. The necessity to authorize execution of the aforesaid agreement in order to provide additional recreational facilities at the earliest practicable 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the let day of September, 1976. ATTEST: City Secretary AP D: 10 DAY OF SEPTEMBER, -1976: J. BRUCE AYCOCK, CITY TTORNEY By Assistant City-Attorney MAYO THE CITY OF CORPUS CHRISTI, TEXAS. = 411CROFjZ10, JUN 30 1980 MLM:jh:8 -31 -76 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES j This agreement entered into by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City ", and the West Oso Independent School District, hereinafter called "School District ", for the purposes and consideration set forth hereinafter: A. Construction 1. City shall prepare plans and specifications for a battery of four tennis courts, including surface and underground drainage, on 0.670 acres of property owned by the City, and being a rectangular- shaped tract of land out of Lot 1, Block 6, J. C. Russell Farm Block, as shown by map of record in Volume 28, pages 58 and 59, Map Records of Nueces County, Texas, and more particularly described as shown on the attached map marked Exhibit "A ". The construction plans prepared by City, and approved by School District, shall be given Drawing Number Pbg. 367, and shall be kept on permanent file in the office of the Director of Engineering and Physical Development, City of Corpus Christi, Texas. 2. City shall advertise and receive bids for construction of the aforesaid tennis courts and upon satisfactory review of all bids, City and School District shall proceed with the award of contract. 3. City and School District agree to participate in all costs and after bids are received and accepted, School District shall deposit with City the sum of Fifteen Thousand Dollars ($15,000). 4. School District agrees to allow City, its officers, agents, employees and /or legal representatives free ingress and 4xlj � ,9, regress in, along and upon said School District property as required during construction of the aforesaid tennis courts. 5. West Oso shall give City a good and sufficient warranty deed conveying fee title to the premises described herein, subject to its use as tennis courts. A copy of said deed is attached hereto and marked Exhibit "B ". B. Maintenance and Usage Upon completion and acceptance of the project, City and School District agree as follows: I. City shall maintain the tennis court system including fencing, fence posts, court surface, from damage due to ordinary wear and tear, vandalism, and /or accident. 2. School District shall perform routine maintenance to insure the courts are kept in a playable condition to include the replacement of nets when needed. School District shall properly supervise the tennis court battery to minimize acts of vandalism and accidents. 3. The tennis court battery shall be available for School District use during normal school hours, during which time School District shall schedule, use and operate the tennis court facility in connection with School District's athletic program. 4. School District shall make accessible and available the tennis courts to City and the general public after normal school hours on weekdays and at all times on weekends and holidays. The School District shall have use of the tennis courts during periods reserved for City and public provided advance notification of such special use has been given to the general public. 5. No additions or modifications shall be made to the tennis courts by either party without the written consent of the other party. dA 6. No fees shall be charged for the use of the said tennis courts without prior approval by City and School District. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of 1976. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance ATTEST: WEST OSO INDEPENDENT SCHOOL DISTRICT By Secretary a • - 3:•L s:-' �s� f�c' School lJi�ir /cf 1 '• • CITY OF CORPUS CHRISTI, TEXAS. )EPAR T P.;ENT OF ENGINEERING & 'HYSICAL DEVELOPMENT_ 5 -f or fl c- j0 ': ?GHT OF WAY/EASEMENT ACQU,SI T ION_ DATE %r;• SCALE= 1' BY O: 7' WARRANTY DEED THE STATE OF TEXAS II COUNTY OF NUECES I KNOW ALL MEN BY THESE PRESENTS: That the West Oso Independent School District, of the County of Nueces and State of Texas, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the City of Corpus Christi, of the County of Nueces and State of Texas, all of the following described real property in Nueces County, Texas, to -wit, as shown on the attached map marked Exhibit "A ": Being a rectangular shaped tract of land out of Lot 1, Block 6, J. C. Russell Farm Blocks, as shown by map of record in Volume 28, pages 58 and 59, Map Records of Nueces County, Texas, and more particularly described by metes and bounds as follows: BEGINNING at a point which bears North 229.0 feet, and west 50.0 feet from the southeast corner of said Lot 1 for the beginning corner of the tract of land herein described; THENCE west a distance of 114.0 feet to a point for the southwest corner of this tract; THENCE north a distance of 256.0 feet to a point for the northwest corner of this tract; THENCE east a distance of 114.0 feet to a point for the northeast corner of this tract; THENCE south a distance of 256.0 feet to the place of BEGINNING and containing 29,184 square feet or 0.670 acres, more or less. Grantor further GRANTS, SELLS and CONVEYS unto Grantee an access easement to the hereinbefore described property, through the existing all - weather road located on the property of Grantor. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and West Oso Independent School District does hereby bind itself and its successors to warrant and forever defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Provided, however, that this conveyance shall be effective so long as said property is used exclusively as tennis courts. In the event said property is used for any other purpose, the West Oso Independent School District may re -enter and reclaim such premises, and said property will revert to West Oso Independent School District. EXECUTED this day of 1976. ATTEST: WEST OSO INDEPENDENT SCHOOL DISTRICT By Secretary THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared , of the West Oso Independent School District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1976. Notary Public in and for Nueces County, Texas ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, this the day of , 1976. ATTEST: City Secretary APPROVED: DAY OF 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, CITY MANAGER of the 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 the day of , 1976. Notary Public in and for Nueces County, Texas 101- 1 � - - o -J-"r-e6/ -0.50 frrc' School lJiS /rich �ITY OF CORPUS CHRISTI, TEXAS. )EPAR T MIENT OF ENGINEERING & 'HYSICAL DEVELOP N,ENT_ TIGHT OF WAY/ EASE ;HENT ACQUISITION- )';1.;R : sal. >�1n.;r, .',. -�� <.�.��; -,! �7.�-- :�•= - __ )ATE- ,, it :� SCALE: / ; • • BY: n: CORPUS CHRISTI, TEXAS /,DAY OF J2'" t 9_:�� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEI 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 MAYOR THE CITY OF CORPUS CHRISTI, EXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO OE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY TH FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE