HomeMy WebLinkAbout03264 ORD - 05/13/1952AN ORDINANCE 4
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER
INTO A LEASE AGREEMENT WITH COLUMBIA SOUTHERN
CHEMICAL CORPORATION FOR A FOUR (4) ACRE TRACT OF
LAND, BEING A PORTION OF LOT EIGHT.(8) AND NINE (9)
OF BANCROFT —DODGE FARM LOTS, TO BE USED BY THE
PARK AND RECREATIONAL DEPARTMENT OF THE CITY OF
CORPUS CHRISTI, SUBJECT TO THE TERMS AND CONDITIONS
OF THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY. ua,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1: THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO ENTER
INTO A LEASE AGREEMENT WITH COLUMBIA SOUTHERN CHEMICAL CORPORATION FOR A FOUR (4)
ACRE TRACT OF LAND, BEING A PORTION OF LOT EIGHT (8) AND NINE (9) OF BANCROFT-
DODGE FARM LOTS, TO BE USED BY THE PARK AND RECREATIONAL DEPARTMENT OF THE CITY
OF CORPUS CHRISTI FOR RECREATIONAL PURPOSES, SUBJECT.TO THE'TERMS AND CONDITIONS
OF THE LEASE AGREEMENT, A COPY OF WHICH AGREEMENT 15 ATTACHED HERETO AND MADE A
PART HEREOF.
SECTION 2: THE NECESSITY FOR PROVIDING ADEQUATE RECREATIONAL FACILITIES FOR
THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREEJSEVERAL 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 PASSAGE, IT IS ACCORD-
INGLY SO ORDAINED.
PASSED AND APPROVED, THIS /,��DAY OF MAY, A. D. 1952.
A EST:
I oh
CITY SECRETARY
C TY OF 9¢RPUS THRISTI, TEXAS
APPROVED AS TMEGAL OR M:
CITY ATTORNEY
THE STATE OF TEXAS i
COUNTY OF 'NUECES
THIS AGt MNT MADE AND ENTERED INTO BY AND BETWEEN COLUMBIA - SOUTHERN
CHEMICAL CORPORATION, A DELAWARE CORPORATION WITH A PERMIT TO 00 BUSINESS IN
TExAs, HEREINAFTER CALLED "LESSOR-', AND THE CITY OF CORPUS CHRISTI, TEXAS, A
DULY ORGANIZED AND EXISTING MUNICIPAL CORPORATION, HEREINAFTER CALLED "LESSEE",
WITNESSETH:
I
FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00) PAID TO IT BY
LESSEE AND SUBJECT TO THE CONDITIONS, COVENANTS AND AGREEMENTS HERINAFTER
CONTAINED ON THE PART OF LESSEE TO SE KEPT AND PERFORMED, LESSOR HEREBY LEASES
TO LESSEE THE FOLLOWING DESCRIBED TRACT OF LAND LYING IN NUECES COUNTY, TEXAS,
TO —WIT:
A FOUR (4) 'ACRE TRACT OF LAND BEING A PORTION OF
LOT EIGHT 48i AND NINE (g) OF BANCROFT -DODGE FARM
LOTS NOW OWNED BY LESSOR AS FOLLOWS:
BEGINNING AT THE S.W. CORNER OF LOT EIGHT (8) OF
SAID SANCROFT —DODGE FARM LOT$;
THENCE N. 31" 141 AV' E. 35' TO A POINT;
THENCE S. 58" 45' 20" E. 25' TO THE POINT OF
BEGINNING OF THIS TRACT;
THENCE N. 31" 14' 40" E. 417.4' TO A POINT BEING
THE N.W. CORNER OF THIS TRACT
THENCE S. 5$0 45, 20" E. 417.4' TO A POINT BEING
THE N.E. CORNER OF THIS TRACT;
THENCE S. 310 14' 44" W. 417.4' TO A POINT BEING
THE S.E. CORNER OF THIS TRACT
TrGI,NNING AND a CONTAINING
FOUR (4) ACRES
BEMORE OR
LESS;
TO SE'USED ONLY BY LESSEE FOR RECREATIONAL PURPOSES, SUBJECT, HOWEVER, TO THE
FOLLOWINGI
1. THIS LEASE SMALL EXTEND FOR A PERIOD OF TWO (2) YEARS, BEGINNING ON
THE 15TH DAY OF MAY, 1952, AND ENDING ON THE 15TH DAY OF MAY, 1954, BUT ANY
TIME DURING SAID TERM LESSOR SHALL HAVE THE RIGHT TO CANCEL THIS LEASE AND
TERMINATE THE SAME IN ITS ENTIRETY UPON GIVING THIRTY (30)'DAYS WRITTEN NOTICE
TO LESSEE THAT IT DESIRE$ TO TERMINATE THE SAME. UPON THE GIVING OF SUCH
NOTICE SAID LEASE SMALL 'TERMINATE ON THE DATE SPECIFIED BY LESSOR AND THERE-
AFTER LESSEE SHALL HAVE NO fURTHER RIGHT IN THE LEASED PREMISES.
2. LESSEE AGREES:
(A) THAT UPON THE TERMINATION OF THIS LEASE EITHER BY EXPIRATION
OF THE LEASE TERM OR UPON PRIOR TERMINATION AS A RESULT OF NOTICE FROM LESSOR,
IT WILL IMMEDIATELY YIELD UP THE PREMISE$ PEACEABLY TO LESSOR IN GOOD CONDITION,
REMOVING THEREFROM ANY BUILDING, STRUCTURE, IMPROVEMENT OR PERSONAL PROPERTY
PLACED THEREON By. LESSEE AND RESTORING THE SURFACETO ITS PRESENT CONDITION,
ALL AT THE SOLE AND ENTIRE COST AND EXPENSE OF LESSEE. IN THE EVENT LESSEE
FAILS TO 30 YIELD UP THE PREMISES UPON TERMINATION OF THIS LEASE THEN IN
ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW' LESSOR SHALL HAVE THE RIGHT TO
ENTER UPON THE L£ASEO PREMISES, FORCIBLY IF NECESSARY, AND TAKE POSSESSION
OF THE SAME WITHOUT BEING-LIABLE IN TRESPASS OR'OTHERWISE FOR ANYTHING DONE
IN THE RETAKING OF SUCH POSSESSION.
(B) TNAT IT WILL PERMIT NO USE OF THE PREMISES EXCEPT FOR PUBLIC
RECREATIONAL PURPOSES AND THE CONDUCT OF INNOCENT SPORTS THEREON, ALL SUCH
RECREATION AND SPORTS TO BE CONDUCTED UNDER AND SUBJECT ENTIRELY TO THE CONTROL
OF LESSEE.
(C) THAT LESSEE SHALL HAVE FULL, EXCLUSIVE AND ENTIRE CONTROL AND
DMECTION OF THE USE AND MAINTENANCE OF THE LEASED PREMISES DURING THE TERM
OF THIS AGREEMENT AND THAT LESSOR SHALL NOT BE LIABLE TO ANY PERSON, FIRM OR
CORPORATIONFOR ANY DAMAGE OF ANY 4411100 OR CHARACTER TO PERSONS OR PROPERTY
ARISING FROM, OUT OF,,OR CONNECTED WITH ANY USE OF THE LEASED PREMISES DURING
THE TERM OF T19S LEASE. LESSEE AGREES TO PROTECT AND HOLD LESSOR HARMLESS
FROM ANY AND ALL CLAIMS OR DEMAND$ MADE AGAINST LESSOR FOR ANY SUCH DAMAGES,
INCLUDING THE COST AND EXPENSE OF ATTORNEY'S FEES INCURRED IN CONNECTION
THEREWITH.
(D) THAT THt3 LEASE CANNOT BE ASSIGNED OR THE LEASED PREMISES SUBLET,
IN WHOLE OR IN PART.
IN VITNESS WHEREdF, THIS INSTRUMENT 13 EXECUTED IN DUPLICATE ORIGINALS
BY THE PARTIES, EACH ACTING BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
HEREUNTO ON THIS THE DAY OF MAY, 1952.
ATTEST4 COLUMBIA- SOUTHERN CHEMICAL CORPORATION
BY
WORKS MANAGER
ATTESTt C17Y OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
THE STATE OF TEXAS
COUNTY OF PIUECES
B FORE ME, THE UNDERStGNEO AUTHORITY, ON THIS DAY PERSONALLY APPEARED
S. J. HULTMAN, WORKS MANAGER OF COLUMBIA - SOUTHERN CHEMICAL CORPORATION, KNOWN
TO ME TO DE TILE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID
COLUMBIA - SOUTHERN CHEMICAL CORPORATION, A CORPORATION, AND THAT HE EXECUTED
THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSE AND CONSIDERATION
THERCIIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF MAY,
A. D. 1952.
NOTARY PUBLIC IN A!U) FOR ftECES COUNTY,
THE STATE OF TEXAS
COUNTY OF NUECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
W. S. COLLIER, CITY WNAGER OF THE CITY OF CORPUS CHRISTI' KNOWN TO NE TO
BE THE PERSON AND OFFICiRwHOSE HARE IS SUBSCRIBED To THE FOREGOING INSTRUMENT,
AND ACKNOWLEDGED TO ME THAT THE BANE WAS THE ACT OF THE SAID CITY OF CORPUS
CHRISTI, A MUNICIPAL CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT
OF SUCH CORPORATION FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED, AND
IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY RAW AND SEAL OF OFFICE, THIS THE DAY OF MAY,
A. D. 1952.
NOTARY MIC IN AND FOR NUECCS COUNTY, TsXAB
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Corpus Christi, Texas
19J Z
Y
TO THE MEMBERS 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 suspen-
sion 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,
/ �1NAYOR ✓w a` "�
�✓ City of Corpus Christi, Texas
The Charter rule was suspended by the following vote: vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon �D
George L. Lowman
Frank E. E. Williamson
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
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