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�
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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.
., �.,.
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