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HomeMy WebLinkAbout02134 ORD - 08/19/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO ENTER INTO A "LEASE OF WAR PUBLIC WORKS" WITH THE UNITED STATES OF AMERICA FOR THE LEASING OF, AND OPTION TO PURCHASE, THE OSO SEWER PLANT AND SYSTEM AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS& SECTION 1. That the City Manager of the City of Corpus Christi, Texas, is, hereby authorized and directed to enter into and execute for and on behalf of the City of Corpus Christi, Texas, an instrument termed a "Lease of War Public - (forks ", same being a lease and option to buy the Oso Sewer Plant and System, a copy of such lease being attached hereto and made a part hereof for all purposes and reading as follows, to- it- 2-134 CONTRACT No. WAbof 6-622 LK"19 OF WAR PUBLIC MOM Project No. Tex. 41 -174 -F The United :.tates of America (herein called the "Government ") hereby leases to the City of Corpus Christi, Texas, a municipal corporation (herein oall ®d the Lessee "), upon the terms and conditions and in consideration of the covenants of the Lessee hereinafter set forth, the serer war public works facilities identified by the above project number and described below (such war public works facilities being hereinafter referred to as the - Leased Property"). for the term of one year beginning August 15, 1947, and ending august lb, 1945 (hereinafter called the "Original Term'). The term of this Lease shall be extended, at the option of the Lasses, without notice, for successive periods of one year each, until aggregate rentals in the amount of $113,500.00, together with interest thereon as hereinafter provided, shall have been paid to the Government in the marmer herein provided or until the Lease shall have been terminated by the Lessee or cancelled by the Government in accordance with the terms hereof. The leased Property consists generally of aswerage collection lines, mains and a disposal plant located in and near the City of Corpus Christi, Nusoes County, Texas on the following described land: Lands and interests in lands acquired by the United States of America in Civil Action ho. 191, U- S. District Court for the Southern District of Texas, Corpus Christi Division, ff, S. va* certain parcels of land in Rueoes County. Texas, State of Texas, et al. together with all buildings, structures and improvements constructed in, over and upon said land, which together with the foregoing, constitute the Leased Property generally described above. and all facilitiesv equipzwnt, furnishings, fixtures, appartsaances and supplies installed in or located at the Leased Property on the date of this Lease, a detailed inventory of which, signed by representatives of the Government and the Lasses. is attached hereto As 3Xhibit "A ". In consideration of the foregoing, the Lessee covenants and agrees that following delivery to it of possession of the Leased Propertyt (a) It will use the Leased Property during the term of this lease and each renewal thereof for public purposes; (b) At its own expense, it will maintain and Steep the Leased Property in good repair and operating condition, and immediately upon the termination or cancellation of this Lease as herein provided will return the same to the Government in as good condition and state of re- pair as the Leased Property in in when delivered to the lessee, reasonable wear and tear and lose or damage caused by act of God or war excepted; (c) It will pay each and every cost, expense, charge, liability, oblir;ation, levy, fee, assessment and tax incurred by the Lessee by rea- son of or arising out of its possession, enjcrdment, use, maintena =:ee and operation of the Leased Property; (d) It will pay to the Government as rent for the Leased Property the following sums: Due slate Rental August 15. 1947 $10,000.00 August 15, 1948 12 '700-00 - August 15, 1949 12,1100.00/' August 15, 1950 12.1UO.00,i August 15, 1951 11,800.00- - August 15. 1952 11,500.00. - August 15. 1953 11,200.0(1 August 15, 1954 10,900,Oo_ August 15, 1955 lo,600.o0 August 15, 1956 10.300.00 said sums having been determined to be the roard3 able-annual rental values for use of the Leased Property. Payment for the Original Term shall be clue on August 1�. 191+'7. Payment for each successive renewal period aball be due on August 15 of each year that the Lease is renewed; (a) It will procure and maintain for the benefit of the Govern- ment such insurance covering the risks to which the Leased Property is exposed as is customarily carried in connection with similar facilities located in the same or a comparable area, in form and amounts reasonably sufficient to protect the Government's financial interest in the Leased Property, and subject to the followin6 conditionaz (1) the kinds a:.d amounts of insurance and the insurers shall be subject to the approval of the Government, (2) the insurance shall be made payable to the Government, (3) the insurance policies shall be delivered promptly to the Goverment. -2— (b) the Lasses shall notify the proper insurance companies and the Government promptly of any loss or damage to the Leased Property, (5) in the event of any losses covered by such insurance the Government may, at its option, apply any insurance proceeds received during the terra of this Lease, or any refttival thereof, to repair, restoration or replacement of the Leased Property, or any portion thereof, damaged or destroyed) (f) It will permit the Government at any reasonable time to eater upon, inspect, and exhibit tLe i,eassd Property for the purpose of ascer- taining that the lessee is complying with the covenants and agreements hareunderf (g) The Government assumes no liability for any damage, injury, lose or expense caused by, resulting from or arisi.no in connection with the Leased property, or for any defect in or representations not herein contained concerning the Leaned Property. It will save the Government harmless from %q liability or claim ariaing from the Lessee's possession, use, maintenance and operation of the Leased Property or the fulfillment of its responsibilities hereunder. The Lessee covenants and agrees that it will not assign or trans— for its rights or interest under this Lease, or transfer possession or dispose of the Leased troperty or any part thereof, or create or permit a lion or charge upon or claim against the Leased Property or any part thereof, without the consent of the Government evidenced in writing. The Lessee shall have the right to purchase the Leased rroperty at aq time during the Original Tom for the sum of $100,000.00 plus interest thereon at the rate of 3% per annum from the date of the aommence- meat of the Original Term to the date of payment of the purchase price. If the option to purchase is exercised by the Lessee after the rental for the Original Term shall have been paid to the Government, the purchase price shall be reduced by the amount of such rental payment. The Lessee shall also have the right to purchase the Leased Property during any 3- reaml period provided the Lessee shall have paid to the Government the rental specified herein when dus, and provided further, that the Lanese shall not otherwise be in default in the performance of any of the cove- nants of this Lease. If the Lessee elects to purchase the Leased Property an the first day of any renewal period subsequent to the expiration of the Original Term, the purchase price shall be computed as follows: If Purchased on the lot Amount of Day of the Renewal Term Purchase in the year Price 1948 $92,700-00 1949 82,100.00 1950 72,100.00 1951 61.8o0.00 1952 51.500.00 1953 41,200.00 1954 30,900.00 1955 20,600.00 1956 10,300.00 If the Lessee elects to purchase the Leased Property on a date subsequent to the first dab* of any renewal poriod, the Lessee shall pay the applicable amount specified above plus interest thereon at the rate of 3A per annum from the date of commencement of the renewal period in which the purchase is made to the date of payment of the purchase price, provided, however, that if the option to purchase is exercised by the Lessee after the pay- ment of rental has been made by the Lessee durin6 any renewal period, the purchase price of the Leased Property shall be reduced by the amount of the rental paid for such renewal period. If the Lessee elects to purchase the Leased Property as herein - before provided, it shall serve 30 days prior written notice upon the Govern- ment of its election to so purchase. As soon after the payment of the pur- chase price as may be practicable, the Government shall transfer to the Lessee all of its right, title and interest in and to the Leased Property, In the event the Lessee should not elect to renew this Lease it shall serve the Government with 30 days notice of its intention to surrender possasaion of the Leased Property at the expiration of the driginal Term or at the expiration or any subsequent renewal thereof, and the service Of such notice shall terminate this Lease at the expiration of such term. -4- This Lease may be cancelled by the government at any time in the event that the Losses defaults in the psrformanw of ony of its obliga- tions hereunder, and such defaults are not remedied by the Lessee within thirty (30) days after written notice thereof. No member of or delegate to the Co3agress of the United states shall be admitted to azW share or part of this Lease or to any benefit arising therefron. Dated MITPD STA'TRS 0? A MRICA (F" SEAL) Attests Attests City ere ary APPROVED AS TO 140AL FORMS CITy- Attorney '5 - BY Moral ors s a or CIrr OF CORPUS CHRISTI. TEXAS BY Ciry Mager CERTIFICATE OF RECORDING OFFICER I hereby certify that I am the duly qualified and acting recording officer and keeper of the records of the Lessee referred to in the LSASS OF WAR PUBLIC WORKS to which this certificate is attached, including the journal of proceedings of the Lessee's governing body, and hold the office indicated beneath mW signature to this certificatej that said LEASE OF TAR PUBLIC WORKS has been compared by me with. and is a true, correct and complete counterpart of, the Lease which was finally approved and whose execution was authorised by the governing body of the Lessee at a meetin, hold on the N day of a 1947; 'that such meeting was duly convened and held in all respects according to law, to the extent required by law due and proper notice of such meetin; was given, a legal quorum was present throughout the meeting, a legally sufficient number of the mom'aers of the Lessee's govern- ing body voted in the proper manner to approve and to authorize the execu- tion of the Lease, and all other requirements and proceedings under the law incident to the approval and the authorization of the execution of the Lease were duly fulfilled, carried out, and otherwise observed; and that the lease was duly executed by the officers of the Lessee authorized to execute the lame and the seal of the Lessee was duly affixed thereto (if the Lessee !'as a seal), all in accordance with and pursuant to the authorisation of the Lessee's governing body. Dated: (Signed) City re fry # # #ei+M ►e ATTORNEY'S OPINION I hereby state that I am an attorney at law representing the Lessee —mod in the "UB OF WAR PUBLIC WORKS to which this Opinion is attached] that in my opinion the Lease has been duly and properly executed for and in behalf of the lessee by the officers indicated] that said officers were duly authorised to execute the Lease by the governing body of the Lasses in accordance with the procedure established therefor] and that the execution Of the Lease is within the scope of the Issaee's lawful powers. Dated: (Signed) Attorney for s•es WMIBIT "AN (Project Tex. 41- 171 -F) Item 66"n- No. tity Item Description 1 i Autoclave, electric, vertical type, ersoision �;oientifio Co« Serial #q-W 2 1 Balance, Analytical, complete ; /Damper and set of 12 weights of 1 to 50 gm. Christian G Booker aerial #B -33419 1 Centrifugal. electric, Adams, Serial P124 I Comparator, Chlorinator Slide, complete w/oase, W. A. Taylor & Co. 5 1 Gun, Alemite for Communirter 6 1 Heater, electric, 5,� diam. Plat. "Cenoo" Iiotoone 7 1. Ifieroseope, ';peneer, Serial iA76367 Complete w/wood case, 3 power lenses ,Y433575, 449193. 1+51671. 1 six power and 1 seven power eye pieces 6 1 Oven, prying, complete, Cenoo Serial -V467, Asbestor Covered 13—, x 13 x 15 " d 9 10 1 1 Pump, laboratory, vacuum, w %30" gauge, Mall mounting; t,no Pack. Imhoff Cone, 11 1 wood. 3 place, w76 glass cones Refrigerator, 6 C. F.. "Frigidaire" 9aDdel M -6-41 12 1 Still, water, automatic. 1 gale per hour Cap, wall ;nounting type, Stokes serial A- 31856 -9 13 1 Stove, gas heating, Payne Model 15 NC, Serial 1333608 14 1 Stove, gas heating, Payne !&)del 20 1JC, Serial ;1= 331186 15 4 Aipports. Burette, Model tL19013, Metal w/Poroelain Base 16 1 Scale, balance, complete w/set of 12 wei hts. 1 to 500 L;". "Cenoo" 17 1 Fox. slide, pasteboard j6 o 18 6 Thermometers IIAITND STATHS OF AFRICA BY Division rope oer Federal ,Yorks .AAgenoy Bureau of Community Facilities CITY OF CORPUS CHRISTI BY City Manager I SECTION 2. The necessity for furnishing proper sewer facilities for the citizens of the City of Corpus Christi and the necessity for adding to the present system creates a public emergency and public imperative necessity requiring the suspension of the Charter rule 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 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 sus- pended, 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 passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this + da y of - <.. 1947- MAYOR City of Corpus Christi, Texas ATTEST: �� - City ecr-etary 7 APPROVED AS TO LEGAL FORM: 1 tOrney Corpus Christi, Texas auly ' ' 1947 TO THE MMEBERS OF THE CITY COUNCIL Corpus 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 meetings of the City Council; I, therefore, hereby 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, MAY City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. r John A. Ferris R. R. Henry Joe T. Dawson 02� 'A O Z. 145.09' X 100' out of Tract I known as the McAllister Tract being a portion of the land formerly plotted as Seaside Camp Meeting Ground. Recorded in Vol.A Page 45 map record Nueces County Texas. Metes and bounds description......... and being the same property conveyed by Claud Dunn Johnston by Hugh Dunn Johnston by deed dated September 10, 1932 recorded in Vol. 205 Page 48 deed records of Nueces County, Texas save and except a strip of land conveyed by Claud Dunn Johnston to Nueces County for roadway by deed dated August 13, 1941 recorded in Vo. 273 Page 246 deed records of Nueces County, Texas, and also except a tract of land 145.09' by 100' in the northeast corner of said 9.87 acre tract, acquired by the United States of America by condemnation suit Cause No. 187 in the United States District Court for the Southern District of Texas, Corpus Christi, Texas. ., �.,. __ i °- -`'; l rf ��w �� F a-;' ..m � � f m •.�C'��„ ,.. ... r ` 1 � l °p' X �� �.. .. ..? ;�..1 '= - �,: i �- y �., lei ,) 'I YA �'J ��,., �� � 7�y ,Z J"'Z 2