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 That Ordinance No. 13155 be and the same is repealed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.
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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
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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.
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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
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': ?GHT OF WAY/EASEMENT ACQU,SI T ION_
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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-
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�ITY OF CORPUS CHRISTI, TEXAS.
)EPAR T MIENT OF ENGINEERING &
'HYSICAL
DEVELOP N,ENT_
TIGHT OF WAY/ EASE ;HENT ACQUISITION-
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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