HomeMy WebLinkAbout031635 ORD - 12/11/2018 1
Ordinance amending Ordinance 031525 regarding conveyance of
Parker Pool property located at 654 Graham Road to Nueces County
and authorizing Agreement for Payment for Utilities.
Whereas, in accordance with Section 272.001(1) of the Texas Local Government Code,
the City Council may provide for the donation or sale of property to a political subdivision
to carry out a municipal public purpose;
Whereas, the City Unified Development Code Section 3.82 provides an exemption to
platting for acquisition of land for a governmental purpose by dedication, condemnation or
easements;
Whereas, in accordance with Section 212.0045 of the Texas Local Govenrment Code, the
City determines the subdivision required of the Parker Pool property to Nueces County
does not require platting;
Whereas, on August 28, 2018, the City Council authorized the conveyance of"Parker Pool
Property" located at 654 Graham Road to Nueces County via Ordinance 031525;
Whereas, said "Parker Pool Property" was defined in said Ordinance as "approximately
0.63 acreage of land located at or near 654 Graham Road including the following
improvements: the swimming facility known as 'Parker Pool' including adjoining restroom
facilities and adjacent parking";
Be it ordained by the City Council of the City of Corpus Christi,Texas:
Section 1: Ordinance 031525 is modified to amend definition of the"Parker Pool Property"
to be approximately 0.46 acreage of land located at or near 654 Graham Road including
the following improvements: the swimming facility known as "Parker Pool" and including
adjoining restroom facilities.
Section 2. The City Manager or designee is authorized to execute all documents
to convey the "Parker Pool Property" to Nueces County subject to the imposition of
following reasonable terms and conditions in the conveyance documents including: (a) a
restriction that the Parker Pool Property will be used by Nueces County in carrying out a
purpose that benefits the public namely for public recreational swimming; (b) a reversion
clause in the City's beneficial favor, if Nueces County ceases to use The Parker Pool
Property for public recreational swimming purposes; and (c) the lease between the City of
Corpus Christi and the Coastal Bend Friends of the Aquatics is to be assigned to Nueces
County. A copy of the Special Warranty Deed is attached as Exhibit A.
Section 3. That the City Manager or designee is authorized to execute the Agreement
between City of Corpus Christi and Nueces County Regarding Parker Pool Property
Payment for Utilities, Use and Transfer of Property ("the Agreement") by which the City
agrees to pay up to $10,000 a year for the electricity and water at the Parker Pool Property
031635
SCANNED
2
for 25 years as long as Nueces County continues to operate and provide for operation of
the Parker Pool Property as a public swimming pool with general public swim program open
to the public for a minimum of 20 hours per week, weather and conditions permitting. The
agreement provides that the City will appropriate the aforesaid funds for each year it
appropriates funds for provisions of aquatics to its citizens, which obligation shall expire the
earlier of (1) the County's termination of this Agreement or (2) 25 years from the effective
date of the Agreement. The Agreement allows users of the Parker Pool Property use of the
City parking lot adjacent to the Parker Pool Property. A copy of the Agreement is attached
as Exhibit B.
Section 4. That the City Council finds and determines that the conveyance to Nueces
County qualifies for platting exemption as provided for in Section 3.8.2. In addition, in
accordance with Section 212.0045 of the Texas Local Government Code, the City Council
finds and determines that the subdivision required to convey The Parker Pool Property to
Nueces County does not require platting.
Section 5: If, for any reason, any section, paragraph, subdivision, clause, phrase, word,
or provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance, for it is the definite intent of the City Council
that every section, paragraph, subdivision, phrase, word and provision of this ordinance be
given full force and effect for its purpose.
That the forgoing ordinance was read for the first time and passed to its second reading on
this the HI way of V.M 0,12.ArNidca/ , 2018, by the following vote:
Joe McComb --4— Ben Molina I/
Rudy Garza _alEverett Roy L4
nn
Paulette M. Guajardo 0 Vacant Vat t t
Michael Hunter C Ati" Greg Smith
Debbie Lindsey-Opel OLT.,
Thgt pxe'foregoin ordinance a's read for the second time and passed finally on this the
day of ?Q 0.�,lwt -ki'� > , 2018, by the following vote:
Joe McComb i i° Ben Molina A_ ,
Rudy Garza Everett Roy I
f
Paulette M. Guajardo I . '/ VacantI& _�}; IA,'
Michael Hunter I I, Greg Smith a, !v..%F-
__Ii.FI
Debbie Lindsey-Opel
1131635
3
141.--
PASSED AND APPROVED, this the I I day of , 2018.
ATTEST:
Re ecca Huerta Joe . omb
City Secretary Ma, or
4
EXHIBIT A
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE
ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
DATE: , 2018
GRANTOR: CITY OF CORPUS CHRISTI,a Texas home-rule municipal corporation
GRANTOR'S MAILING ADDRESS(including County):
P. 0. Box 9277
Corpus Christi,Texas 78469-9277
Nueces County,Texas
GRANTEE: NUECES COUNTY
GRANTEE'S MAILING ADDRESS(including County):
P.O. Box
Corpus Christi,Texas 784_-
Nueces
84=Nueces County,Texas
CONSIDERATION: TEN AND N0/100 DOLLARS ($10.00)the receipt of which is acknowledged
and other valuable consideration.
5
PROPERTY: The Land described by Metes and Bounds on Exhibit Al
Together with and including all of Grantor's rights, title, and interest and in the rights and
appurtenances in any way belonging or appurtenant to the Land, including without limitations: (i) any
improvements on the Land; (ii)strips and gores, if any,adjacent or contiguous to the Land;(iii)any land
lying in or under the bed of any street,alley,road,creek or stream running through,abutting or adjacent
to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters;
and (v) easements, rights of ingress and egress, and prior reversionary interests benefiting or serving
the Land (the Land and other appurtenant rights being referred to herein as the"Property").
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
The conveyance recited above is made and accepted subject to all presently valid restrictions,
reservations, covenants, conditions, rights-of-way, easements, mineral leases and royalty and mineral
conveyances now outstanding and of record, if any, in Nueces County, Texas, affecting the above-
described PROPERTY, as well as any restrictions, reservations, conditions, and covenants contained in
this instrument. The sale of the Property is without minerals. GRANTOR reserves unto itself all of its
right,title and interest, if any, in and to the oil,gas and other minerals in,on,or under the Property. In
addition, this conveyance recited above is made and accepted subject to the Lease Agreement dated
as of July 22,2014 between the GRANTOR and Coastal Bend Friends of Aquatics Regarding Use of Parker
Pool,a copy of which has been provided to GRANTEE.
It is the intent of GRANTEE to operate or provide for operation of a public swimming pool open
to the public at the PROPERTY. If the GRANTEE ceases to provide for operation of a public swimming
pool at the PROPERTY,specifically fails to budget for its operation, through revenues or otherwise,
all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in
GRANTOR without the necessity of any further act on the part of or on behalf of GRANTOR,it being the
intent of GRANTOR to convey a determinable estate to GRANTEE.
GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS,
AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR
GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF
OF GRANTOR, EXCEPT FOR GRANTOR'S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE
ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION,
STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR,
OR ANYONE ACTING ON GRANTOR'S BEHALF, BUT IS RELYING ON GRANTEE'S OWN EXAMINATION
OF THE PROPERTY.
6
GRANTOR, for the CONSIDERATION and subject to the RESERVATIONS FROM AND EXCEP-
TIONS TO CONVEYANCE AND WARRANTY,GRANTS,SELLS,AND CONVEYS to GRANTEE the PROPERTY,
together with all and singular the rights and appurtenances thereto in any wise belonging,to have and
hold it to GRANTEE, GRANTEE'S successors and/or assigns forever. GRANTOR binds GRANTOR and
GRANTOR'S successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the
PROPERTY, except the RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY,
to GRANTEE and GRANTEE'S successors and/or assigns against every person whomsoever lawfully
claiming or to claim the same,or any part thereof, by,through,or under GRANTOR but not otherwise.
When the context requires,singular nouns and pronouns include the plural.
(EXECUTION PAGE AND EXHIBIT Al METES AND BOUNDS FOLLOWS)
7
GRANTOR: CITY OF CORPUS CHRISTI
By:
Keith Selman, Interim City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of , 2018,
by Keith Selman, Interim City Manager,of the CITY OF CORPUS CHRISTI,a Texas home-rule
corporation, on behalf of the corporation.
Notary Public,STATE OF TEXAS
ACCEPTED AND AGREED TO BY GRANTEE:NUECES COUNTY
By:
Name:
8
Title:
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of , 2018,
by (title), of NUECES COUNTY.
Notary Public,STATE OF TEXAS
AFTER RECORDING RETURN TO:
City of Corpus Christi
Attn: Director of Parks and Recreation
P. O. Box 9277
Corpus Christi,Texas 78469-9277
Metes and Bounds Exhibit Al
[TO BE INSERTED]
URBAN
_ ENGINEERING Job No. 043201.B8.06
August 6,2018
0.63 Acre Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.63 Acre Tract, out of Lot D, Laguna Business Center, a map of which is recorded in
Volume 27, Page 6, Map Records of Nueces County, Texas; said 0.63 Acre Tract, being more fully
described by metes and bounds as follows:
Commencing, at the South corner of a 1.044 Acre Tract, as described in a Special Warranty
Deed from Melba Welsh Chatham, Bea Weicher Irvin, Independent Executrix of the Estate of Jane
Welsh Reyes, Agnes Welsh Reyes Eyster, and N. J. Welsh, III, to the City of Corpus Christi recorded
in Document Number.939941, Official Public records of Nueces County, Texas, on the Northeast
Right-of-Way line of Graham Road, a 60 foot wide public roadway, for the West corner of the said Lot
D, from Whence, a 5/8 Inch Iron Rod Found, for the West corner of the said 1.044 Acre Tract, bears
North 61°34'51" West, 85.09 Feet;
Thence, South 61°26'08" East, with the common boundary line of the said Lot D and Graham
Road,421.99 Feet,to the Point of Beginning and for a corner of this Tract;
Thence,over and across the said Lot D, and with the boundary of this Tract as follows:
• North 28°3428" East, 54.48 Feet;
• North 61°25'32" West, 144.93 Feet,to the West corner of this Tract;
• North 28°3428" East,45.75 Feet;
• South 61°25'32" East, 72.15 Feet;
• North 73°13'28" East,43.06 Feet;
• North 16°46'05" West, 15.49 Feet;
• North 61°25'32" West, 25.50 Feet
• South 73°06'13" West,40.99 Feet;
• North 61°25'32" West, 23.67 Feet;
• North 15°51'03" West, 19.80 Feet;
• North 61°25'32" West, 78.38 Feet;
• North 28°34'38" East, 58.50 Feet;
• North 89°50'42" West, 21.20 Feet;
• North 16°29'42" West, 2.00 Feet;
• North 28°33'52" West,48.06 Feet;
• North 73°32'30" East, 2.00 Feet, to the North corner of this Tract, from Whence, a
Pinched Iron Pipe Found, for the North corner of Lot D, bears North 61°25'42" West,
179.68 Feet,North 28°33'52" East,298.96 Feet;
• South 16°54'35" East, 34.69 Feet;
• South 61°25'32" East, 36.22 Feet;
S:\Surveying\43201\B806\OFFICE\METES AND BOUNDS\FN_43201_0.63Ac_20180807.Doc
Page I of 3
OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm# 145 •TBPLS Firm# 10032400
• North 28°34'28" East, 35.42 Feet;
• South 61°26'08" East, 36.12 Feet;
• South 03°23'20" East, 25.21 Feet;
• South 61°25'32" East,23.73 Feet;
• South 16°41'37" East, 39.52 Feet;
• North 74°01'07" East, 82.14 Feet;
• South 16°29'50" East,25.74 Feet;
• South 71°14'32" West, 8.72 Feet;
• South 28°34'28" West,22.67 Feet;
• South 16°56'32" East,4.45 Feet;
• South 61°30'46" East, 27.27 Feet;
• North 73°09'48" East, 102.35 Feet;
• South 16°57'36" East, 5.00 Feet, to the East corner of this Tract, from Whence, a 1/2
Inch Iron Pipe Found, for the Southeast corner of Block C-3, Laguna Business Center, a
map of which is recorded in Volume 45, Page 8, Map Records of Nueces County, Texas,
bears South 61°25'32" East,91.40 Feet,North 28°33'52" East,670.63 Feet;
• South 73°02'24" West, 104.15 Feet;
• North 61°25'32" West, 38.81 Feet;
• South 72°12'56" West, 13.13 Feet;
• South 28°34'28" West, 39.96 Feet;
• South 72°16'41" West,42.66 Feet;
• South 28°3428" West, 31.44 Feet;
• South 61°25'32" East, 77.73 Feet;
• South 28°34'28" West, 78.48 Feet, to the said common boundary line of Lot D and
Graham Road;
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Page 2 of 3
OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.corn
TBPE,Firm# 145 •TBPLS Firm 0 10032400
Thence, North 61°26'08" West, with the said common boundary line, 24.00 Feet, to the Point
of Beginning,containing 0.63 Acres(27,443 Square Feet)of Land, more or less.
Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,
Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
0.63 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision
based on this description may be in violation of the current City of Corpus Christi subdivision
ordinance.
Unless this fieldnote description, including preamble, seal and signature, appears in its entirety,
in its original form, surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of Tract described herein.
U BAN ENGINE NG
'•cQQ.G1S^ERfj We
JAMES DAVID James D.Carr,R.P.L.S.
\ 69558 :` License No.6458
4,,96'rEssepAss
4rij
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OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm# 145 •TBPLS Finn# 10032400
LINE BEARING DISTANCE
Block C-3 L1 N28'34'28"E 54.48'
Dedicoted Drainage Easement Laguna Business Center L2 N28'34'28"E 45.75'
Laguna Business Center Vol. 27,Pg. 6,Mop • L3 N73'13'28"E 43.06'
Vol.27•Pg'6•Moa Records of Nueces County, Texas L4 N16'46'05'W 15.49'
Records of Nueces county,Texas L5 N61'25'32"W 25.50'
• N L6 S73'06'13"W 40.99'
m L7 N61'25'32"W 23.67'
ei L8 N15'S1'03"W 19.80'
°�' (?S561'25'32"EN91.40' L9 N28'34'38"E 58.50'
• \\ .
L710 N86'29'42"W 200'
•
tc U7w' �O L12 N28'33'521 48.06'
/.,i. (?j �• L13 N73'32'30"E 2.00'
=.161'25'42'w 179.6e �t ( 1�� '� L14 516'54'35"E 34.69'
L15 561'25'32"E 36.22'
o (�* J L19 i 1, 70L16 N28'34'28"E 35.42'
L17 S61'26'08"E 36.12'
8g N 115 % O,�sj� o L18 503'23'20"E 25.21'
"` 7 ♦ * US General Notes: o" L19 561'25'32"E 23.73'
eg r 1.)Grid Barings and Distances Mlown hwson an g L20 516'41'37"E 39.52'
�O L27 referenced to the T xae Coordinate S L21 S16'29'50"E 25.74'
4'38.0 ./'a 0.69 Acres s1' 1953. Taw.South Zone 4205,and S.based l`" L22 571.14'32"/8.72'
sea" (lI �" an the North American Datum of 190.7(2011) ; L23 528'34'28"W 22.67'
(27.44$ sq ,, w Epoch 2010.00.(Record Bearing/Distance) L24 516'56'32"E 4.45'
g L25 561'30'46"E 27.27'
2)Some feature shorn on this Survey may be L26 516'57'36"E 5.00'
,3 out of cede for clarity. L27 N61'25'32"W 38.81'
3.)Me survey was prepared non field data L28 572'12'56"W 13.13'
,p obtained an August 3,2015. L29 528'34'28"W 39.96'
N51.2.5.3219 78.38' 4\ L7 �O �/ L30 572'16'41"W 42.66'
4.)0.
63Acre Tract is located within the City L31 '28''W 31.44'
limits
of Carpus Christi, Texas and a L32 N61 N61'2626'08'Y/24.00'
961'25'32"E 72.15' eubdividm basad an thie sketch/deso40of
may be In violation of the want City of
Lot 0 Copus Chrietl nubdMelon crdklance.
Laguna Business Center S61'25'32'E 77.73'
Vol. 27, Pg. 6, Map
Records of Nueces County, Texas g
1.
Sketch to Accompany
N61'25'3219 144.93'
P FlELDNOTES for a 0.63 Acre Tract, out of Lot D,Laguna
03 N Business Center, a map of which is recorded in Volume
=I "A 27, Page 6, Map Records of Nueces County, Texas
Point of Commencment Point of Beginnin�Cg\
N61'34'51•Wb 961'26'08'E 421.99' ^ ` 132
-0 85.09' V DATE: Au.p. 08, 2018
Leoend: Graham Road URBAN SCALE: 1 50'
•,/z IndSHEET:hon Rad Found « ROYn ENGINEERING SOB T' 1 OF 1
43201.88.06
Sr Inch Iron Pb.Pinched Found
0 5/e Inch Iron Rod Found n .M
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EXHIBIT B
AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY
REGARDING PARKER POOL PROPERTY PAYMENT FOR UTILITIES, USE OF AND
TRANSFER OF PROPERTY
This Agreement is made and entered by and between the County of Nueces, hereinafter
referred to as"County", and the City of Corpus Christi, a Texas home-rule municipal corporation
hereinafter referred to as "City";
WITNESSETH:
WHEREAS, on July 22, 2014, the City entered into a Lease Agreement with Coastal
Bend Friends of the Aquatics ("the Lease") regarding use of Parker Pool which provided that
Coastal Bend Friends of the Aquatics agreed to utilize the Parker Pool for the purposes of
providing a swim program for its membership and also requiring operation for a general public
swim program for a minimum of 20 hours per week, weather and conditions permitting;
WHEREAS,the City has been providing for water and wastewater utilities and payments
for electricity service for the Parker Pool property during the term of the Lease to date;
WHEREAS, the Corpus Christi City Council authorized the City Manager to execute all
necessary documents to convey acreage of land located at or near 654 Graham Road including
the following improvements: the swimming facility known as "Parker Pool" including adjoining
restroom facilities, (hereinafter referred to as "The Parker Pool Property") to Nueces County
subject to the imposition of following reasonable terms and conditions in the conveyance
documents including: (a) a restriction that The Parker Pool Property will be used by Nueces
County in carrying out a purpose that benefits the public namely for public recreational
swimming; (b) a reversion clause in the City's beneficial favor, if Nueces County ceases to use
The Parker Pool Property for public recreational swimming purposes;and (c)the lease between
the City of Corpus Christi and the Coastal Bend Friends of the Aquatics is to be assigned to
Nueces County;
WHEREAS, upon transfer of Parker Pool Property Nueces County will need use of City-
owned adjacent parking lot to serve those individuals visiting Parker Pool;
WHEREAS, the City as long as County operates Parker Pool for public recreational
swim agrees to allow County access and use of the adjacent parking lot;
NOW THEREFORE, this contract is made and entered into by County and City in
consideration of the aforementioned recitals and for the mutual consideration stated herein
("The Agreement"):
1. PURPOSE OF AGREEMENT
The purpose of the Agreement is to provide for the payment for water, wastewater and
electricity costs for continued operation of Parker Pool Property during the period of this
Agreement,to transfer the Parker Pool Property and to grant County a license to use the parking
lot adjacent to Parker Pool, ("Parking Lot") herein set out in attached Exhibit B1.
10
2. DUTIES OF THE COUNTY
A. County agrees to execute all documents necessary to accept the assignment of the Lease
and accept transfer of Parker Pool Property from the City.
B. County agrees to provide for operation of the Parker Pool Property as a public swimming
pool, through the Lease or other means, with general public swim program open to the public
for minimum of 20 hours per week, weather and conditions permitting and so long as City
continues to provide payment as described herein for water,wastewater and electricity service
for the property.
C. City agrees to allow County use of the Parking Lot,for parking by those visiting Parker Pool.
This license for use of the Parking Lot shall continue as long as this Agreement is in effect.
Parking Lot remains property of the City under its control, including maintenance.
3. DUTIES OF THE CITY
A. City agrees to execute all documents necessary to assign the Lease to the County and
transfer the Parker Pool Property to the County.
B. City agrees to provide for payment for the water,wastewater and electricity service for Parker
Pool Property during the term of this Agreement up to a total maximum amount of$10,000 per
City fiscal year, subject to annual appropriation of funds, and as long as the County continues
to operate or provide for operation of the Parker Pool Property as a public swimming pool with
general public swim program open to the public for minimum of 20 hours per week, weather
and conditions permitting. The City agrees that it will appropriate the aforesaid funds for each
year it appropriates funds for provision of aquatics to its citizens, which obligation shall expire
the earlier of(1) the County's termination of this Agreement or (2) 25 years from the effective
date of this Agreement.
4. TERM AND TERMINATION
This Agreement shall have term of one year beginning October 1, 2018(the effective date)and
continuing until September 30, 2019,and shall have automatic renewals for up to 24 successive
additional annual renewal periods, unless earlier terminated by the County.
If there is noncompliance with one or more of the provisions contained herein, written notice
shall be provided to the non-compliant party to cure or begin curing the default within ten (10)
days of receipt of notice. If compliance has not been achieved within ten (10) days of receipt
of said notice, this Agreement will terminate upon written notice of termination and listing one
or more areas of continued noncompliance and obligations of each party under this Agreement
shall cease as of date of termination.
5. NOTICE
Official notice shall be by written notice and delivery to all of the parties to this
Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class,
return receipt requested to:
TO THE COUNTY JUDGE: County Judge
Nueces County Courthouse
901 Leopard, Rm 303
Corpus Christi, Texas 78401
11
TO THE CITY: The City of Corpus Christi
City Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
6. NO WAIVER OF GOVERNMENTAL IMMUNITY
County and City agree that both County and City shall each be responsible for their own
negligent acts or omissions in the performance of this Agreement, without waiving any
sovereign governmental immunity available to either County or City under Texas law and
without waiving any available defenses under Texas law. Nothing in this paragraph shall be
construed to create or grant any rights, contractual or otherwise, in or to any third persons or
entities. Neither party shall incur any debts or obligations on the credit of the other party.
7. VENUE
Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas.
8. NONDISCRIMINATION
Parties to this Agreement shall not discriminate on the basis of race, color, national
origin, sex, religion, age, disability, sexual orientation.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto and may
not be modified or amended except by an instrument in writing executed by the parties hereto
as herein provided.
10. SEVERABILITY
If any provision of this Agreement shall be held invalid, void or unenforceable, the
remaining provisions hereof shall not be affected or impaired, and such remaining provisions
shall remain in full force and effect.
11. DEFAULT/WAIVER/MITIGATION
It is not a waiver of default if the non-defaulting party fails to declare immediately a
default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does
not preclude pursuit of other remedies in this Agreement or provided by law.
12. AMENDMENTS
This Agreement may be modified or amended by written agreement of the parties.
Modifications or amendments which do not change the essential purpose of this Agreement
may be agreed to by the City Manager for the City and the County Judge for the County.
13. APPROVAL
12
IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of
Nueces and the City of Corpus Christi in the manner provided by law.
THE CITY OF CORPUS CHRISTI
By:
Samuel Keith Selman
Interim City Manager
Date:
APPROVED AS TO FORM:
By:
Lisa Aguilar, Assistant City Attorney
For the City Attorney
NUECES COUNTY
By:
Samuel Loyd Neal, Jr.
County Judge
Date:
13
Exhibit B1
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CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: Legistar Number: 18-1274
December 11, 2018
Agenda Item:
Ordinance amending Ordinance 031525 regarding conveyance of Parker Pool property located at 654
Graham Road to Nueces County and authorizing Agreement for Payment for Utilities.
Amount Required: $10,000.00
Fund Name Accounting Unit Account No. Activity No. Amount
General Fund 1020-13032-142 530080 $10,000.00
Total 1020-13032-142 530080 $10,000.00
Certification Not Required
Director of Financial Services
Date: DEC 0 3 2018