HomeMy WebLinkAbout13945 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