HomeMy WebLinkAbout03422 ORD - 02/05/1953AN ORDINANCE�j`` `Z--l-
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF
CORPUS CHRISTI, TEXAS AND H. E. BUTT AND H. E.
BUTT FOUNDATION ACCEPTING THE GIFT OF EIGHT AND
ONE -HALF (8 112) ACRES OF LAND DESCRIBED THERE -
IN, TOGETHER WITH THE ADVANCEMENT OF SUFFICIENT
FUNDS FOR THE CONSTRUCTION OF A MUNICIPAL SWIMMING
POOL, APRONS AND BATH HOUSE LOCATED ON A PORTION
OF SAID TRACT AND AGREEING TO CERTAIN CONDITIONS
REGARDING THE OPERATION THEREOF AND SETTING FORTH
THE TERMS AND CONDITIONS, °ALL OF WHICH ARE SHOWN
BY A COPY OF THE CONTRACT ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, THE H. E. BUTT FOUNDATION AND H. E. BUTT HAVE OFFERED
TO GIVE TO THE CITY UNDER CERTAIN TERMS AND CONDITIONS A CERTAIN TRACT OF
LAND, HEREINAFTER DESCRIBED IN THE AGREEMENT ATTACHED HERETO, FOR PARK AND
RECREATION PURPOSES AND OFEERED TO ADVANCE FUNDS FOR CONSTRUCTION OF A
SWIMMING POOL WITH NECESSARY APRONS AND BATH HOUSE UPON CERTAIN TERMS AND
CONDITIONS, ALL OF WHICH HAVE BEEN APPROVED BY THE PARK AND RECREATION BOARD
OF THE CITY OF CORPUS CHRISTI AND RECOMMENDED FOR ADOPTION:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE,
AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH H. E.
BUTT AND H. E. BUTT FOUNDATION, WHICH AGREEMENT IS ATTACHED HERETO AND MADE A
PART HEREOF:
THE STATE Of TEXAS
COUNTY Of NUECES
WCREAS, H. E. BUTT{FDVNDATION 15 TUC OWNER OF CERTAIN LARD AND
PALM '3E5 91TUATEO IN THE CITY Or "ARPU>p CHRISTI, Nuccra COMMIT, TC%AS, MCRE-
IMA.PTER DESCRIREA, AMR 15 OtStROUS Or UIVil" SAID LAND AND IMICMISCS TO TM[
CITY OF CORPUS CORiSTi TOR A PUBLIC PARNI AND
WHEREAS, Ni E. BUTT FOUNDATION 1S TURTAICN DESIROUS Or FINANCING
THE CONSTRUCTION of A PUBLIC SWIMMING POOL TO BE CONSTRUCTED ON A PORTION
Or SAID PNOPCR €Y( _ON TM€ CONDITION THAT SAID SWIMMING POOL WILL OE OPIERATED
AT -StItm REASONABLE CHARGES AS MIGHT DE Ft9to BY THE CITY, T" ING INTO ACCOUNT
REASONABLE OPERATING AND MAINTENANCE CXPE49C •RD)ANT'ICIPATiMS THAT THE COST
OF CONSTRUCTION UOULD BE AMORT11to OVER A PERIOD OF APPROXIMATELY FIVE (°f+
YEARS, AND WITH THE rURTHCR PROViSIOR THAT TUC GRO85 RECEIrTS FROM TNC OPER-
Alto* OF THE POOL DURING SAID FIVE (5) YEAR PERIOD WILL OE HELD IN A SUS-
PENSE ACCOUNT BY THE CITY OF CORPUS CRRISTI, AND UPON TUC EItPJRATIOM Or SAID
FIVE (5) YEAR PERIOD I%UCN FUND WILL At USED FOR THE CONSTRUCTION OF ANOTHER
PUBLIC SWIMMING POOL TO BE CONSTRUCTED AT SOME OYMCR LOCATION DESISNATCO BY
THE PARK AND RECRIEATIOH DEPARTMENT Or TUC Lily or CaRPUS CHRISTI, SUBJECT
TO A SIMILAR OPERATIM4 AGiYECUCNT;
Imo, THEREFORE, KWO ALL LEN BY THESE PRESENTS, THAT IT i5 AORCCO
BY AMD OETWICN THE CITY OF CORPUS C*AISTI, ACTING BY AND THRGUGH ITS CITY
WAWA, HEREINAFTER CALLED "CITY , VIVO H. E. BUTT AND H. E. BUTT FOUNDATION,
ACTING BY *NO THROUGH ITS DULY AUTHORIZED '&FI�CE-R TOR AND IN CONSiDERATIOH Or
YISE PREMISES AND THE PROVISIONS HEREINAFTER CONTAINED, DD AGREE UPON TUC
FOLLOVINGI
1. TgAT THE RCSPE.CTIVE OWNERS Or THE FOLLOWING OCSCRi BCD LAND A"
PREMISES, TO -MIT:
TRACT MD. 1. -LL TMOSE CERTAIN TRACTS OR P;ARL LN 9F L -4kal THAT
attRraOw Or iHeDA " -=RK, AN =;39ITION TO T "C CITY tar CORPUS CHRISTI, NU CE
COUNTY, TEXAS, AS GOO M 0Y THY MAP Or SAME REC EO IM THE 'IAP ReCORDS 0#1
FILE: IM THE OFFICE OF THE C4i!li1`Y CLERK or mutcEs COUNTY, TCKAs IN VOI.umc
$ ON Pj,. "ts 54 AND 55, BEtMG At._ or LOT smre (1) VMMUON LOT E4GMT (8), BLOC.-
13, AND AML Or LOT zVe (1} THROUGH LOT YEN (10) 1N i1!,OCat 12 Or PI"CDA PARK
AfORI.S&t3.
T"e Asevc 13 SkJO EC:T TO uT3!_tTY CASEVIENTS SHOWN ON sA1O RECORDED
MAP OF PINED" (PARK, AND sU #-SECT To 1140 COVENANTS AND PESTRIGTk ONS GOVERNING
INC USE Of LAHOS IN SAID AOlMT$*N AS SHOWN EY INSTRUMENT RE.Ct eO IN tIOLuME
Ilv o" g"AQES 357 TO 361 IN THE OCED Rtc** S 9F NNEc Es COUNTY, TEXAS ON FILE
IN THE OFr /CE or THE CoUMTY Ci.ERK Of SAID ';.COUNTY..
THE aCigl "t., +.ANDS- kRi;. ,t 0,0PTIOw QF LAMOS CONVEYED 11Y THE DEFENSE: MOWS
C{7RPOR TFOI, A MARYLAMO COSERORA.TIOM, To H, C. SUIT DY aCED GATED NOVENSTtR 27,
'1946 Ago R,-tO O'E'D 1% THE 'D`EO P,.E'COrrDS OF %ULCES COUNTY, TtxxAS IN VOL. 354
ON ?A�Es 3428 To 330',
T ; CT p. rHAY Fil °RrAt¢i TRACT OR Pall C Of "AND DEING THA!
PSKTiON pr TiiC Nti?RTN San NE ONE "ALF (1/ �) Of TNC SOUTH OR SW ONC M' -EF (1l2j
of THE k. I/It Ff THc E IA; ALSO NNO99N AS LOT ,, or $FcTioti G, PAtSLEY`S "d'M-
Okvi9iw4 or Iur, `lt3'rrmhm Tw-cT AS SWyWN 6V ?He MAP OR OGAT Or SAME RECORDED
in TN£ 04AP RECORD 0% FILE IN Tilt OrrlrE or THE COUNTY C;ERK Or wrfe9 COUNTY,_
TEX,+�S IN 1f Oi,. ., ON pAOE 28, LYIM t4onTHWEST Or THE SOUTifWtSTW RD EXTrwou
OF THE NORTHWEST MIUMOARV Or fto STRRL i IH ?'ttitP=Cln PARK, AEU QAk Tii7N TO THE
CITY QF COR€�us CHRISTI, NUec >S CounTY, TEXAS AS RCCt?RTiT,S tM THE MAP RECORDS
Ot` *,-,D COUNTY Mr VON. 8 am 1'`-cs 54 c.NO 55, ACROSS SAID TRACT TO THE SOUTH -
s� cry SOUNIOA.IY OF SAMC, SAID TRACT OR (P,RM. AF LAND is VORE PARy'C:;Ff A%U,Y
y }E 3'.'�F2i �7aO By METES AND C'+iNa ..35 ?s r65k.':.owsl,
SLGINNJNt. AT A 314 INCH IRtiN ROD AT THE 4,RFST tORNCR OF LOT i,. BLOCK
13, iIIMCDA pAM .D6STiOM AFSiRGSkID VOR THE 'Natty" CORNER OF THIS TRA�T1
THENCE 30UT"CASTI'RLY, ALONm AND WITH T14E SOUTHWEST BOUNDARY OF BLOCK
13 or' SsIO 7MEi)A 1�ARK4 SOUT14 61'4Q' EAST AT *�Iw.rY) FCCT PASS AN ALITO AILL
%6JRI'�:S '.P ?P'tOXi HAT'Lf -Y TAME Fool SES,OW THE w^,ROUHD SURF AWL, AND CONTINUING "O'd
S1,aO CoURSk,- iH A�... 594.83 rCET TO A 314 INCH IRON ROD AT THE SOUTH COPAIER
OF' LOT 8, M.It_ 13� IN 9Si9 Ps HEZ�A PXRKy SAID POINT A,.SO OEIMId IN THL' NOR T "-'
iWj;ST jSoUwDARy or fir, STREET, FOR THE:. EAST CORNNER or THIS TRACT,A
THENCE SOuTNWcSTrAA,v ACROSS T14C SAID 14ORTH on HE ONE "ALT (lie) of
TH Sl w vw OR Sw 004C "ALr (112) of THE E 1. A or THE E 114, ALSO AMOK As LOT
1 or jccTION CI, PAKSLk Y "S 5UODIVtS4*% or THe HOFFMAN TRACT AFORESAID ALOMiI A
LINE. WHICH 13 TM.£. EXTC4510N W T"E MORTMWCST BOUNDARY OF FIG STREET t,YING SC-
TwEru S KS., 13 AND 14 OF SAID "I'MEOA MARK, SOUTH 28'19 r5' ;:'CST Q -d ')� fECT
Ttr. s PO'NT FOR TNL SOUTH CORNER at THIS TRACT?
THENCE NORTHWESTERLY ALOMG ANO ',ATH THE SW BOUNDARY OF SAID FORT" OR
NC Colt HALF (i! -2) of THE SOUTH OR SW 044E NALF or THE E 1/4 or THE E 1/4, ALSO
Know" !',9 LOT 1 Or pAt SLE.Y`8 S"ViVISIOM Of THE HorfNAH TRACT ArORESAIO, NORTH
Cjl"IW� 35- .;EST 594.(10 FCCT TO A POINT IM .
THE SW1rNEAsT ;. or &R. 6 OF PINEDA
PARK "fCH I$ ALSO TNT: Nont"w ST BOUNDARY Or THIS TRACT, roll THE t =,EST Conmvp
OF THIS TRAtTj
THENCE NORTMESSTC1RLY, ALONG AMO WITH "tit MW S&UNDARY or TNIS TRACT
WHICH 13 ALSO TUC SOUTHEAST BOUNDARY OF Btlt- b, "'INEOA ?ARK NOR-IN
H 28 "' '1
EAST 330,00 rEET TO T14C PLACE or BEGINNING, AND CONTAIMIMG 5..505 ACRES Or
T "E. ABOVE OESC416tt; TRACT Is Taff NORTHWEST PORTION Of A TEN (1C') ACRE
TRACT CONVEYED sY DEED r*Mx L- HEROLD AND WIFE .JULIA HEROLO TO H, E_ BUTT
GRoclRRY Cl— 'JAY %O rJvd y 26, 1951 xxv Rccoi4AEC1 1% V'sx..- 271, Fir-. M Of THE. '')WED
I coif s of NVECES COUNTY, 'TEXAS,
Wl;,_ CONVEY IT TO THE CITY OF CORPUS CHRISTI BY PROPER CONVEYANCE CONYEYING
0000 AND €?AL TITLE TO TOE SANE IN ft[ SIMPLE, SUBJECT, HOWEVER,..TO THE
RESTRICTION THAT THE PROPERTY SHAo, BE USED AS A PART Or THE PARK AND RECRE --
ATIOR AREA OF THE CITY OF CORPUS CHRISTI, AND 'SUBJECT TO THE RCSTRICTION
TMAT NO PART OF THE SAID PROPERTY 9NAi_° at USED FOR THE PURPO$C OF THL' SALE
Of ANY tNTOXI_ATING SEVERAOEB FOR THE PCRIOD Or ��.,...� YEARS.
SSHOW D IT DE DaTERMINEJ BY EXAMINATION OF ABSTRACT OR OTHER
RECORDS THAT ANY RESTRICTION UPON THE USE Or SAiC PROPERTY, OR ®UTSTAHOlW
INTERESTS EXIST, WHICH WOULD NOT PERMIT THE CONVEYANCE Orr THE TITLE BY THE
SA. D OWNER, OR OWNERS, TO THE CITY TNIRiT IS ASNEED THAT THE OWNER, OR
OWNERS, SHALL IMMEDIATELY TAKE SUCN STEPS AS ARE NECESSARY TO CURE ANY SUCH
DEFECTS OR ORJE`:TIONS OY FILIMB JUDICIAL PROC €CDt NGS, IF NECESSARY, ANO WITH-
IN A R'cl.S.0MA3LF TINS CURE $13CH D &feva AND /OR OSJ£CTIONS.
3,. IT is A REED THAT THE CITY Or CORPUS CHRISTI SHAWL ACCEPT PRO-
PERTY CONVEYANCE TO $AID LAND A" PREMISES AND SHALL SUPERINTEND THE CON -
3TRUCTIDN or A Stti HNi NO PDOI. uPOIi SAID SAND ANO PREIai9ES, OR A PORTt AN TNLttEDF
IN ACCORDAHCr, WITH THE PLANS AND SPECIFICATIONS APPROVED BY 11. E... BUTT FOUND-
ATION AND OPERATE SAID SWIIDIING POOL AS A PART OF THE CITY PARK AND RECREATION
AREA Of THE CITY OF CORPUS CHRISTI, TEXAS, AND MAINTAIN THE SAME AS A tAUHICIPAL
SWiMHiHD POOL In PROPER SEASON Aft MAKE SUCH CHAFES FOR T14C USE THCRZOr BY
THE MCHIIERS OF THE PUBLIC IN ACCORDANCE WIT" BUCK RULES AND REGULATIONS AS
MAY BE ADOPTED BY THE CITY COUNCIL AND BARK A" RE6REATiQN DEPARTMENT raft THE
USE TNEREOr.
4. tt IS ABREEO THAT THE N. C. BUTT FOUNDATION WILL PROVIDE FUNDS
FOR THE rINAMC;MG Or THE CONSTRUCTION COSTS, INCLUDING THE COST OF PLANS AND
$PEs:IrICATIONS THEREOF, OF A SWIMMING POOL. APPRGKIMATti,■ FIFTY FEET (501) BY
AND
ONE HUNDRED rIrTY FEET (150') IN S1.'[, TOGETHER WITH NECESSARY APNOMSj BATH•.
HOl1SE, SAID FUNDS TD of REPAID TO THE SAID K. E. BUTT FOUNDATION ON OR SEFORC
riVt (5) YEARS ArTER DATE AND TO THIS END THE sons RECEIPTS rR4W,9 THE OPERATION
OF SAID SWIMMING POOL SHALL BE DEPOSITED IN A SEPANATE ACCOUNT BY TNt CITY
DURING SAIO FIVE (5) YEAR PERIOD UNTIL THE AMOUNT IH SAID ACCOUNT III EQUAL TO
SAID COST'S. SAID FINANCi NS AND ADVANCEMENT OF FUNDS SNAl.3. BE CaAi,CU1.ATEO WITHOUT
rLs
!NT£RCST TO THE W E. BUTT FOUNDATION.
]. IT IS FURTHER AGREED BY AND SETWCEN THE PARTIES 'HERETO THAT,
SUBJECT TO FULL AND FINAL PERFORMANCE BY THE CITY HEREUNDER,
SAID H. E. BUTT FOUNDATION WILL EXTEND THE 'SANE FINANCIAL .ASSISTANCE TO THE
CITY FOR CONSTRUCTION OF 'OTHER SWiMNONC TOOLS TO BE {OPERATED IN THE SAME
MANNER AS PART Or THE CITY PARK AND RECREATION FACILITIES UPON THE SAME
BASIS AS THE FINANCING} AMP OPERATION OF SAID SWIMMING POOL CONTEMPLATED
HER €IN.
... IT iS AGREED THAT IN THE EVENT THE Ti TIE TO THE ENTIRE TRA,,;T
OF LAND CONTEMPLATED BEING CONVEYED TO THE CITY OF CORFU& 'CHRISTI IS 440T
FREE FROM RESTRICTIQNS OR LIMITATIONS UPON THE TITLE BY THE TIME OF THE COM-
Pt.ETION OF THE CONSTRUCTION OF THE SHINNING POOL CONTEMPLATED HI_REIN, THAT
IN ANY EVENT THE BALANCE DF SAID t.ANO SHALL HE CONVEYED TO THE CITY OY PROPER
CONVEYANCi: AND THE OPERATION OF SAID SWIMMING POOi. COMMENCED BY T HE C'TY
UNDER THE TERMS AND PROVISIONS HEREOF AS THE PROPtRTY IF THC CITY OF CORPUS
CHRISTI. IT 15 FURTHER AGREED THAT IN THE EVENT THE OPERATION OF SAII:)
SWIMMING POOL BY THE CITY OF CORPUS CHRISTI SHOULD BE DISCONTINUED BEFORr
tHC ACCUMULATION FROM GROSS RECEIPTS SHOULD EoUAI, THE 040UNT ADVANCED BY THE
SAi6 H. E. BUTT FOUNDATION THAT THEN AND IN THAT EVENT SAID H. E. BUTT
FOUNDATION SHALL HAVE THE OPTION WITHIN TWO (2) YEARS TO DECLARE THE RIGHTS
or THE CITY AND SAID LARDS FORFEITED ANO RE£OYIER THE TITLE AND POSSESSION
THEREOF, UNLESS THE CITY, WITHIN ONE (I) YEAR FROM THE DATE OF SUCH DECI.ARATIOM
OF FORFEITURE SMALL RE141T ALL ACCUMULATED FUNDS,, IF ANY, TOGETHER WITH A
FURTHER AMOUNT SUFFICIENT TO COVER ANY DEFICIENCY SO AS TO FULLY REPAY THE
H. E- BUTT FOUNDATION FOR THE SUN ADVANCED IN ACCORDANCE WITH PARAGRAPH
OF THIS AGREEMENT.
WITNESS (,Si,jR WAI S IN TRIPLICATE, EACH OF WHICH SHALL RE CONSIDERED
AN ORIGINAL, ON THIS THE DAY OF FEBRUARY, % %D- 1953-
,TTEST:
CITY SECRETARY
irrRROVED <S TO LEG -AL FORK:
THE CITY OF CORPUS CHRISTI
BY
tTY NA ®ER
H, E. MM F ,�TION
BY
H. E. BUTT
ATTEST: _3_
ECRETARY -3-
SECTION 2. WHEREAS, IT IS IMPERATIVE THAT THE FACILITIES IN THE
PARK AND RECREATION AREA BE ENLARGED BY THE CONDITION OF THE PROPERTIES
AND
AFFECTED BY THIS AGREEMENT/CREATES AN 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 THREE SEVERAL MEETINGS
OF THE CITY COUNCILS AND THE MAYORS DECLARING SUCH EMERGENCY AND NECESSITY
TO EXISTS HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AFORESAID
AND THAT SUCH ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND
TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGES IT IS
ACCORDINGLY PASSED AND APPROVED, THIS THE t_ DAY OF FEBRUARYS A.D.
1953-?
A 0 f;,, "i2 -� —
CI'TY OF CORPUS CHRISTI
Q o -��� TARY
AP P ED AS :TO EGAL FORM:
CITY ATTORNEY
CORPUS CHR-I ST I, TEXA5
Q aJ•� IQ .'41
TO THE MEMBERS OF THE CITY C0UNU L
CORPUS CHRISTI, TEXA5
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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR -RE-
SOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 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,
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
LESLIE WASSERMAN
FRANK Ea WILLIAMSON
JACK DEFORREST
GEORGE L. LOWMAN
MIKE A. NEEDHAM, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
LESLIE WASSERMAN
FRANK E. WILLIAM50N
JACK DEFORREST
GEORGE L. LOWMAN
MIKE A. NEEDHAM, JR
AYOR
CITY OF
ORP U5 CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
LESLIE WASSERMAN
FRANK Ea WILLIAMSON
JACK DEFORREST
GEORGE L. LOWMAN
MIKE A. NEEDHAM, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
LESLIE WASSERMAN
FRANK E. WILLIAM50N
JACK DEFORREST
GEORGE L. LOWMAN
MIKE A. NEEDHAM, JR