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HomeMy WebLinkAbout01742 ORD - 11/29/1944AN ORDINANCE AUTHORIZING AND DIRECTING ME MAYOR AND CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE, FOR AND ON BEHALF OF SAID PITY, A LEASE AGREEMENT BY AND BETWEEN SAID CITY OF CORPUS CHRISTI, TEXAS, TEXAS STATE PARKS BOARD, AND GULF COAST COUNCIL #M, BOY SCOUTS OF AMERICA, WHEREBY CITY OF CORPUS CHRISTI AND TEXAS STATE PARKS BOARD LEASE TO SAID GULF COAST COUNCIL #577, BOY SCOUTS OF AMERICA APPROXI- MATELY ONE HBNDEED TWENTY -SIX (126) ACRES OF LAND OUT OF THE M. P. DEIGADO SURVEY, ABSTRACT NO. 4. IN SAN PATRICIO COUNTY, TEXAS= AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXA8e SECTION 1. That the Mayor and City Controller of the City of Corpus Christi, Texas, be, and they are hereby, authorized and directed to execute, for and on behalf of said city, a lease agreement by and between said City of Corpus Christi, Texas, Texas State Parke Board, and Gulf Coast Council #577, Boy Scouts of America, .hereby City of Corpus Christi and Texas State Parke Board lease to said Gulf Coast Council #577, Boy Scouts of America approximately me hundred twenty -six (126) acres of land out of the M. P. Delgado Survey, Abstract No. 4, in San Patriclo County, Texas, a copy of which lease agreement is attached hereto and made a part hereof, and reads as follows, to—it: a q-0 TS! sun a TUAA 00"MY or rum= T=S AGVMGMT is made a d aatsrad Sate, this tho 26cti day of October , 1944, by a" betwoen Via Texas State Parke Beafd, sating in Vile behalf by Z. V. Ash, M airman, and Fxenk D. $uinn, Faecutive Secretary, and hereinafter referred to as "Board% the city of Corpus Christi, Retina herein by and through its Mayor, A. 0. Yacaughan, hereunto duly authorized by resolution of the City connoil of the City of Corpus Christi, and hereinafter referred to as 'City', or their sucoassors= and the Gulf 00ast Council #577, operating under charter issued annually by the rational Council, BOY Scouts of America, acting herein by W. D. '0one, president, and hereinafter referred to as noy Scouts *, and for such W I T N 3 S S B T He iiSMUMS, on the 13th day of February, 1954, City leased to Board, for a period of ninety -nine years, a certain treat of land situated in San Pntriaio, Jim tells and Live Oak Counties, Texas, including one thousand nine hundred severity -four (1,974) acres of land, for public park purposes, which se,id lease was ex- tended, corrected and interpreted by an agreement dated the 26th day of Ootober , 1944, between City and Board= and Board has, since the 13th deny of February, 1934, constructed, ,maintained and operated said area as a public park, and hao abided by all the provisions of said lease= and UHMUM, it Is now the desire of both City and Board to Issas a portion of said public park, approximately one hundred twenty -six (126) acres, to Boy Scouts for a permanent anoompment site, it being, deemed that said lease would effectuate the inten- tion of said original lease between Board and City for public use, and that such usage would be for the benefit of the public and in Its best intersatsc NOW, T$SUWORB, in consideration of the foregoing, the Said parties have eovenanted and agreed, and by these presents do covenant and agree to and with each other and in oevaideration of the mutual premises heroin expressed, as followe: 3. City and Board lease to Hoy Scouts, for their possession and use, approximately one hundred twenty -six (126) acres of land situated in San Patricia County, Texas, and being in the M. P. Delgado Survey, Abstract No. 4, and more definitely described as follows: Beginning at a point in the Northwest line of the said V. P. Delgado Survey, Abstract No. 4, which point is the west corner of the Lillian Schroeder tract; thence in a Southeasterly direc- tion with the Lillian Schroeder Southwest line, two thousand (8 000) feett thence in a South- westerly direction and parallel with the North- west line of the said M. P. Delgado Survey, Ab- stract No. 4, to the water's edge of lake Corpus Christi; thence in a Northwesterly direction with the water's edge of Lake Corpus Christi to the Point where the northwest line of the M. P. Delgado Survey, Abstract No. 4, intersects with the water's edge of Lake Corpus Christi; thence In a Northeasterly direction with the northwest line of the M. P. Delgado Survey, Abstract no. 4, to the place of beginning. Together with all improvements located thereon or which may be placed thereon, for a period concurrent with the lease from the city of Corpus 0hristi, Texas, and the Texas State Parke Board, copy of which is attached haroto and made a part hereof. aa. Boy Scouts hereby, and by these presents, ogres to accept said premises in their present condition, and to maintain said prom- less, buildings, structures and equipment placed thereon during the term of this lasso in a clean, safe and sanitary condition and, at the sxpiration of the lease term, to return said promises to Board in as good condition as when received, reasonable use, wear and tear, sate of God, fire and flood, excepted. III. It is specifically provided end agreed that Soy Scouts may, st their own expense, make improvements in accordance with a master plan to be aubmitted for the approval of the Hoard, ead shell have the right to construct such structures as they dose, necessary or advisable, after procuring consent of the Board. IF. We tons" or barriers of any kind shall be placed by any party between the land leased herein and the unleased portion of the Take Corpus Christi state Park, except to close the existing road, whexe it presently intersects the boundaries of the promises hereby leased; provided, however, that Boy scouts then have the privilege of building such fences and barriers inside the leased promises as shall be reasonably necessary to protect the improve- ments to bo built thereon by Boy scouts. V. It is the intention of this agreement that the permanent improvements and buildings shall be made available for.ths roasan- able use of other organized youth ,groups, at such times as will not interfere with the general program of Soy Scouts, subject to the proviso that such use by other groups shall at all timss be subject to the approval of Boy Scouts and with the consent of the 'Board, it being understood, however, that such use by other groups does not oentomplate the use of portable equipment and personal property of Hoy scouts installed in such promises. V7. It is agreed and understood that the area leased herein in to be under the joint supervision of Boy $agate and of Board. VII. IS is understood and agreed by the parties hereto that the City and/or Hoard shall have the right and privilege of point- ing out, in writing, to the Boy Soots, any violation on the part of Boy scouts of any of the eondltions, provisions or terms of this agreement, and unless such violations be corrected within a reason- able perW of tim, not to erased cis month$ from date of such aetisex the City and/or Beard shall have the right is sanoal this lease cad. In such easat, the seas shall be of no further force and offset. VIII. AAy and all permanent improvements and structures af- fixed to the realty by Boy Scouts shall become the property of Board upon the temination of said lease. ATM= OUR R&RDS in triplicate originals, this day of , 1944. non ATTEST: TKVS STATE PAM BOARD zweautive secretary n yar A'PtF.3T: am OF$CORY{TB&ISTI, TI %AS COUNTERSIGNED: y ears APPROVED AS TO LEGAL FORM: City Controlicr City Attorney Boone , ffi ea G(W COAST COUNCIL OT ATTEST: BOY SCOUTS OF AMBRICA sore SECTION 2. The public importance of this Ordinance create$ a public emergency and public imperative necessity requiring the suspension of the Charter rule or requirement that no Ordimnce or Resolution shall be passed finally on the date it is introduced, and that such Ordinance or Resolution shell be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this Ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its peasage, IT IS, ACCORD- INGLY. SO ORDAINED. PASSED AND APPROVED this the IL7 day of , A. D. 1944. MAYOR, City of Corpus Christi, Texas ATTEST, City Secretary APPROVED AS TO LEGAL PORES, MY Attorney Cornus Christi, Texas To Tio mmu of THE CITY Coma OF THE CITY OF CORPCS C11RISTI Cornus. Christi, Texas Gentlemen; 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 several meet- ings of the City Council; I, therefore, hereby request that you suspend such 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, City of orpus is , exas The Charter rule was suspended by the Following votes A. C, McCaughan Jos. Mireur Ed. P. Williams D. A. Segrest E. G. Moffett The above Ordinance was passed by the following vote: A. C. McCaughan Jos. ".Straus Ed. P. ffilliams D. A. Segrest B. G. Moffett Iq +/