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Home My WebLink About13945 RES - 09/14/1977MLM:jkh:9- 14 -77; 1st A RESOLUTION APPROVING EXECUTION OF AN OPTION AGREEMENT BETWEEN THE LOWER NUECES RIVER 14ATER SUPPLY DISTRICT AND THE CITY OF MATHIS GIVING THE CITY OF MATHIS AN OPTION TO LEASE CERTAIN ACREAGE, MORE FULLY DESCRIBED HEREIN FOR PURPOSES OF ESTABLISHING A WATER TREATMENT PLANT; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi hereby resolves its approval of the attached option agreement, marked Exhibit "A" and made a part hereof, executed between the City of Mathis and the Lower Nueces River Water Supply District. SECTION 2. The necessity to authorize approval of the option agreement between the Lower Nueces River Water Supply District and the City of Mathis as aforesaid creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance 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, having requested the suspension of the Charter rule and that this resolution 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 RESOLVED, this the I j�" day of September, 1977. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APP F - -- DAY OF SEPTEMBER, 1977: This ordinance is in effect and force with or without the J. BRUC YCOCK, TY ATTO EY signature of the Mayor, in accordance with Article II By 'Section 6 of the City Charter. City A orney MICROFILMED JUL 07 NO 13945 STATE OF TEXAS � KNOW ALL MEN BY THESE PRESENTS: COUNTY OF SAN PATRICIO 0 This contract, made and executed in triplicate original, by and between the Lower Nueces River Water Supply District, a duly organized political subdivision of the State of Texas, authorized by resolution of the Board of Directors, and the City of Mathis, a municipal corporation of the State of Texas: WITNESSETH: In consideration of Ten and N0/100 ($10.00) Dollars, and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, the Lower Nueces River Water Supply District promises to grant to the City of Mathis a lease of all those certain premises described in, and in accordance with, the terms of such lease attached hereto as Exhibit "A" provided Mathis elects to take such lease by giving notice in writing to District at any time within twenty -four (24) months From the date hereof; otherwise this contract is to be cancelled and is to be of no effect herein. Further pro- vided however, that the State of Texas through the Parks and Wildlife Depart- ment shall have executed a release of their lease on the demised premises and further provided that the City Council of the City of Corpus Christi has ap- proved the granting of this lease. Witness our hands this the day of September, 1977. ATTEST: LOWER NUECES RIVER WATER SUPPLY DISTRICT By Secretary ATTEST: CITY OF MATHIS City Secretary t By "EXHIBIT A" President Mayor STATE OF TEXAS � KNOW ALL MEN BY THESE PRESENTS: COUNTY OF SAN PATRICIO D That the Lower Nueces River Water Supply District, a duly organized political subdivision of the State of Texas, he reafter referred to as Lessor, authorized by resolution of the Board of Directors, for and in consideration of the covenants herein contained on the part of the Lessee to be kept and performed, Lessor does hereby devise and lease unto the City of Mathis, a municipal corporation of the State of Texas, hereafter referred to as Lessee, the following described property located in San Patricio County, Texas, to -wit: 5.79 acres of land out of a 65.5 acre tract of land conveyed to the City of Corpus Christi from Arthur C. Jones dated August 24, 1934, and recorded in Volume 105, Pages 153, 154, Deed Records of San Patricio County, Texas, more fully described as follows: BEGINNING at the upper Southeast corner of said 65.5 acre tract for the Southeast corner of this tract; THENCE, North 75 °14140" West, along an existing Fence line on the boundary line of said 65.5 acre tract, 525.00 feet for the Southwest corner of this tract; THENCE, North 46 °11100" East, 421.90 feet for a corner of this tract; THENCE, North 66 °43135" East, 378.63 feet for an inside corner of this tract; THENCE, North 0 °08140" West, 190. 15 feet for a corner of this tract; THENCE, North 13 °14115" West, 91.05 feet for a corner of this tract; THENCE, North 44 °52100" East, 80.00 feet to a point on the North boundary line of said 65.5 acre tract for the Northwest corner of this tract; THENCE, South 68 °50'00" East, along said North boundary line, 99.43 feet for the Northeast corner of this tract; b THENCE, South 11'2714011 West, 658.15 feet for a corner of this tract; THENCE, South 31 °37120" West, 270.08 feet to the point of BEGINNING. TO HAVE AND TO HOLD the said premises hereby devised unto Lessee from the date hereofuntil February 12, 2033, for the purpose of constructing, maintaining and operating a water filtration plant including all of the ancillary uses that may be useful or convenient in the maintenance and operation of such water filtration plant. The consideration for the initial term hereof shall be Five Hun- dred Fifty and NO /100 ($550.00) Dollars and other good and valuable consid- eration, the receipt and sufficiency of which are hereby acknowledged. Regional Service: Lessee agrees to use its best efforts to share capacity from its treatment plant which is not likely to be needed by Mathis in the reasonably immediate future and to also share the site to the extent feasible for the use of other water customers outside the City of Mathis, provided there is no obligation for Mathis to provide any financing for supply- ing such service. Renewal: Lessee shall have the option of renewing this agree- ment for successive terms of twenty -five (25) years each at an annual rental to be paid Lessor which rental will be determined at each renewal date on the basis of the value of the land without the improvements provided by Les- see based on an appraisal of such property made by an independent qualified appraiser selected jointly by the Lessor and Lessee. Termination of the Lease Agreement: Lessee shall have the right to remove any and all usable portions of the improvements made by Lessee provided that in the event that Lessee elects to remove such items of the plant as will make the remainder uneconomic for use by the Lessor, the Lessor shall have the option of requiring the Lessee to remove all of the remaining structure and restore the property to a level usable condition. -2- Termination by Non -Use: After operation of the water plant has commenced, in the event that this property is not used by the City of Mathis for any period of thirty (30) days, except during times of construc- tion, reconstruction, repair or for causes beyond the control of Lessee, upon notice to Lessee from Lessor, this lease shall terminate. In the event that the City of Mathis fails to commence con- struction of a water filtration plant on this site within a period of two (2) years from the date hereof, then Lessor may elect to terminate this lease upon giving notice to Lessee in writing. In the event that construction is commenced subsequent to the two (2) year period referred to above and no action is taken by the Lessor to stop such construction then it will be pre- sumed that no such notice was given as would terminate this lease. Indemnity: Lessee agrees to indemnify and hold completely harmless the City of Corpus Christi and the Lower Nueces River Water Sup- ply District, their officers and employees, from any and all claims that may at any time be asserted against them or either of them arising in any way from or connected with the construction and operations of the proposed fa- cility. This indemnity from liability is not limited to, but includes, attor- neys fees and other costs of litigation that may be incurred. Witness our hands this day of September, 1977. ATTEST: LOWER NUECES RIVER WATER SUPPLY DISTRICT By Secretary ATTEST: CITY O-F MATHIS ecretary By -3- President Mayor , The foregoing Lease is hereby approved: ATTEST: CITY OF CORPUS CHRISTI City Secretary By -4- Corpus Christi, Texas 1`±-� day of t to , 1 g -W 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby Eduardo de Ases David Diaz Q— Ruth Gill Bob Gulley t, _ Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: 1 ,3945 Jason Luby _ Eduardo de Ases David Diaz _n Ruth Gill �If Bob Gulley 4. Gabe Lozano, Sr. Edward L. Samplefle 1 ,3945