HomeMy WebLinkAbout03448 ORD - 04/22/1953AN ORDINANCE
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, WHICH SAID CONTRACT IS IN LIEU OF THE CON-
TRACT AUTHORIZED TO BE EXECUTED BY ORDINANCE NO. 31122, PASSED
AND APPROVED ON FEBRUARY 5, 1953; 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 CONTIONS A CERTAIN TRACT OF LAND,
HEREINAFTER DESCRIBED IN THE AGREEMENT ATTACHED HERETO, FOR PARK AND RECREATION
PURPOSES AND OFFERED 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; AND
WHEREAS, ON FEBRUARY 5, 1953, BY ORDINANCE NO. 3422, THE CITY MANAGER
WAS AUTHORIZED TO EXECUTE AN AGREEMENT IN REGARD TO THE ABOVE MATTER, WHICH
SAID AGREEMENT DID NOT REPRESENT THE TRUE AGREEMENT OF THE PARTIES, AND THE
CONTRACT ATTACHED HERETO AND MADE A PART HEREOF DOES, IN TRUTH AND IN FACT,
REPRESENT THE TRUE AND CORRECT AGREEMENT OF THE PARTIES;
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 1S HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH H. E.
BUTT AND H. E. BUTT FOUNDATION, WHICH SAID AGREEMENT IS IN LIEU AND IN THE
PLACE OF THAT CERTAIN AGREEMENT AUTHORIZED TO BE EXECUTED BY ORDINANCE NO. 3422,
WHICH SUBSTITUTED AGREEMENT IS �A- TTACHED HERETO AND MADE A PART HEREOF:
3 44V..
T :aTAT H OP Till S
1110DITY Cly, NW13S !
iMMUZ, H. L. MM In the tea• of owrtaixf 1=4
azad pxw3."s aituated In the Aty of corpus Christi, X#aes
oun y, Texas, bersitafterr described, and is doatlrms of
privinr said land and promisees to the `;4TT (T CMEM AMSTI
J,'or a public park; and
'Inanolng the ocuasatruetioen of to public swimmiv pool to be
tceaastruo'ted on se portion of said property, antlaipatl1W that
the most of oon struotion would be es^eoTMtis over a p od of
approximately fives (5) years, and with the further provision
that the p ons reaelpts from the opssratifm of -the pool durinEr
said five (5) year ',perind will be held In a uuapense assn ount
b,y the „ity of pus `Jixi:sti., and, appljej,, to the pay,enont- o f
.hs ooat of the oo nstruotiou of said pool in aacardanae
with the terma horeof#
ft", 'his .•oi'or*, = C= i e x 3 c " W ' ate 5,
tit ,4.t Is vrrosd by and bsetetoen THE CITY OV IVRn- s ALMSTI,
astin@e by and throurb Its Styr ?`enarear, her4dnaftor called.
ite, with Ii. .t. Y-ITT and H. '. Imo'.° VOM, ATIC'N' aoti
by and. throu rb its duly authorised o " oar, for and in c^eolzn-
side+ration of the pse"saees aza the procvisiozus hexeizottar
contained, do agree upon the followi.rWt
I. That H. I— MT, the caner of the following, tlowri'bed
land and pravison, to -witt
TRAIV VC. I All those ovrtaln traits or paroolrs
r" MT portion of 'kll.noda Vert, sari Addition
to the Oily of orgua Olvi.eU, Nueces 0fir Teas,
as dhom by the mep of same reoorded in the N,%p
t 000r+ds an file in the oMoe of the cwunby ;)Je
of pueRaes Cotu , Tema, in Volt 8 on p'ee�en 54
and 55 r 'bei.rpr,�T of beet one (1) through tat ei:p ht
(0) nO*k 13, and all of lot oral (1) tin-ovVb lot
teen (10) in 'block 12 of =Fines, -,ark arore id.
The Owe is subject tc ati.li.ty easesnenta shown
an said xeoordrd map of Pined& 1.1ark, and subject to
the o6venants and. restriotIms pave airs, the use of
lands in w i.d addition as Wixom by i,nstrte eent re-
weed in Volcxnse 27; on Vaee;es 357 to 3f-1 in the
Deed R000rds of N'uesaes 'uvantyl Teit&3# on file in the
office of the :'aeatzty Clerk of awid . 3oun^ty.
The above lands are a parrUOn Of ,ode aonveye4 by
the DMit$ S 0OWTION, a tgsaylend, emoratim,
too H. E. Aaa';h by deed dateal Wormbar 27, 1946, aid
r000sralad in the Deed Tteoaards of ftooest may, TOMS
in Val. 354 on pages 320 to 330.
Z-AZ 90. 2, All t certain tract or vel of �
or ,ttho or Once -half 11//2) roof" e 1& 1/4 of 2 )
;&'a
the S ,alaris' �b,�,tgwi� at the � tract as ehoom
V the map or plat of awe a o*drde i it the Recor^dsg
On the iaa the office of o qtr of c�� os
'30U)ItYs Tesae, in Vol. At an a 28a llirw 'do west
Of the 3OU esetemssion of the Irar* wot
berry of Pig street in AZeda park,, an additions to
the City, ox ., iasft j '�seOom GO W7, T aaa,
as recorded i Map H000rdes of mid Oounty in
Vol- H On RUS" 54 and 55► a*voea said, tract to, the
Sv4thwesrt bmndit7 of mass. se *met or rcel
Of U04 1s MOft ocularly deaaesribed by metes and
bounds as f'aUmoss
SNURNI # at a 3/4 inch ireaa red at the West earner
Of lot 1, Hlsaek 13, Pi&*U Park Addition aforesaid for
the larth caemreaser of Ibis ttswat;
TH s E asterly, aalo%W mad with the Sm- thmsatit
boundary of Mook 1 of said Pine" 2ork, south rto
40f 35" fast at 20.00 feet pans an auto "1# buried
ammaximatialy one font bdloea the mrouml surreae, and
caaaaaat1=112W an *Aid 00"'ae isat all 594.83 foot to a
3/4 inch iv m rod at the lo r of last s, ak. 15,
In mid pineda dark, aeseid point also being iA the
Mora � � of Pip .street, f tho last ro2m*r
THYWIF, z eouthaas Sterj v aaaroas$ the mid Ham or H j OrA -
half (1/2) of the south or trW One -half (1/2) of the
3 1/4 Of the 1/4, also kn m as Lot 1 of r arstion
G ,ref aasley s 9 3Ubdi,ris ion of the hofftssaan Twazt atoreaaeaid
IfOAR a lines whiola is the eXtensi t a of the Serest
bowuUxy of PiC trost lyi betseeena Blks. 13 and lap
Of Mid KrIedae Park, Sout"MO 19# W went 33b.00 feet
to a point tor the %autiz saner of this truatj
TM'Xz Northwestwnj aloes #Ad with the 5W, boundary of
said North rsr NE one-half (1/2) of the f;auth or ,4'
OAO -half of the 'R 1/4 Of the ;& 1/4 &lea knewfa as
Lot 1 of Paaiel.ey a 4 Mbdivisi on of �6e Bottman Treat
aforesaid, 3ksr%h r;10 409 35" Beset 594.60 feet to a
paint in the Soatheuast line of lk. �, at .Fused. Park
wtd ah is also the North roast %► #daay of this treat,
for the **at oar"ar of this 4treast,
TWOR Wortheasetnerly, along and wf.th the VW ba daaxy
Of this tract mhiah is also the South st boundary of
bl.k. a', Reseda Park, North 280 17# ?" �%et 530.00
feet to the Place Of begimdAR, and containiar 4.545
acres of 1xnd .
The a'txVe described txa€tt is the la t)Ws et portIon
Of a teen (10) a treat ssemms+r 9d by deed fry 1.,
Berrold and wife Julia Herald to ff. ?,, lutt lre�-I .' o.
dated JUly 25, 1941 egad, reoaarded in Vol. ra, ; . 2a
Of tha t 060 R400148 Of kues0eas 4ounty, Twins;
will aorresy it to the ��jty of Oarpus OhriSU by VrVw
OlOnrOY"Oe oOnvoying good wA JVMl title to the gmO in
fee gitVlo, mxbjeot, howevw, to the restriatIon that
th'O Pr*P*rt7 stall be used *s a part of the par;k *aj
redr*ation Areft of the " Y 0 0 01hrieti, and subject
�At -f �"Orpug 1
to the restriction that no part of the ,Miil propert,�' sJual be
-Used for the of the Vale 0- r4ky i4toy-joatinr
nor stall such sale be permiltted t-hareon, for the period or
twentY-Avle (25) years.
2. -13hould it be do-termi"d Oy am,-Anation of
*bStftot or other rejords VuAt Orw restriAdom upon the use
of said proporty, or autstandiZr, interests Oxist, Whl�ch would not
POMIt the cOnVOYanse Of tho title by the said owner, or
omers, to the "'ItY then it is aFTe44 tftt the Owner, or
OmOras torether w1th the shall j�-_%Odiateljr j
ta uca
�ItOP3 ea are n6lltsmarY tO Mare *W =*h Aafects ar objeotions
L'Y filllr Judi *ial prwaedUg bi
,3, If n&cessary, and vdt n a
reasonable tilo =,11'. �'kgfe--t!a ajW/Or Objeatlone, if it 4 a
;�osaible to jo so.
3. It is agreed that the City of lorpus A.hrlsti shall
accept Proper aanremad 04, mid land Ard Shall
W'P'*rint*Ad the OOnstructiOn Of a "Ift'dAv pool lapon said lmd
W14 Pr=-1308, 02- R PCrtim tbereof In aaaordanam with the. plans
Qnd Vftifiaat�ons "proved by lutt pomdg-tion, Opezato
told swimino
, pool as g part of the Aty park atd recreation
area ot, the ��'At'y of aorpus J11risti, Twm$, mintodu the mme
&S & &*w21*I-P9Ll RwimrfirW Pool in, pr"cT somm and make suob
charges for the use thereof by -�;ha members of the pu'blio in
a*O*rdame with such mles and rermlations as may be adopted
by the �"Mnoil and P=k szd Re--xrqatjon ",4%&xtmqjxt for the
use thargof .
4. It in apreed ttat the B, YAtt pomd&tjon *dIl
proidde funde for tha Pinsualur. or the ��,m ,Ajor -Sta, in_
udr , 60
oludirw the lost le planx and specifioatims thereof, o,,,* n
's"Imdug POOI APPx*ximRt4IY fifty feet (501) b.Y Me h=drod
fiftY f**t (l50 s) in SIXOP torsther with neeess=7 aprms
and bathhouse, mid funds to be rasp I(t to the mad if. c.
Butt r1mmdatioxx on or bates .ftiv (5) ,ra&rs after date,
and t* this SM the gross rooelpts *rj*r* the olpevation of
Iftid i'Min j�ool aOmll be depositsa In v 3apamte, aacottvit
by the .Al ty cburttw. 3aid five ",j) year porItid ta jtw, j t1le
'*=t in said aoeount is afmal to Wid oostz' the bAlansa
of mid macourt, to be oalk mrav to tl,.a 3add H. I4jtt
'-OU13daliOla at V'10 Ond Of Nkf3h 7 r of mid ltve (5) !nmr
a U
,,arlod and appl.,1041 to -,.,he rft(�,jmtion of t,��je %Iftno 4 e
URM said, 003t�- and a4vvmcsmmrt of ftnas
bs O&Iculatlsd -Athout interact to the YI. I,. Ditt
5. It is apread that in th'a event the title to th'a
entire tract of land Ocatemplate4 boinr oorAv*y*d to the Aty
Of -�QrPv-q brintl is not Prea fmn mi-trictims x 11, tat.Onq
Upon the -title by the firms of the Iompl*tion Of the zonstru3tion
of the mVvmLnr IM01 oontoarplated hersin, tint in arkV event
the bmaaji"� of 14mgi XMII be Oonrey#,.,k to th
,.g Cpt.y IW
proper con"yanja a,.qd the OpomtjoTj Oo
PA%id SwLr-min('`, Pool
,=-W-OWed 111 T th- U140- the t em and pro sions )ere of
as the pro Srty 0 '!tlIe 'M Y of ,> run 1hrixti. It in
arther ajzze*oI that, VA this ardn. 'this ope-mtIon of said swiminf,
pool by the AV of ."'orpits u7iristi Should be disaantimed before
the acOmt latior. i`x ross rsoeipta vhoula aq U&I the eumou
'6 mt
adv"ood by the imid 41. i- Aitt 5"'=xdstion, th", and In that
event, said E. 7,. Butt Foundation shall, h-ays tte option within
two 12) TOOT'a try daalare the rights of the OiV and maid lands
forfeited and recover the title and pogmessj= th*mof, Wises
VIO *ItY,, vWWtin- one (1) year � Via date of suds doolamtion
or forfalture aball re"-it all aj,)ur,,jlAtO,, Ujj4:,, if arV, to_
"thOr with ft �hsr m=cA=t Mifficidn't to cover any deliolancy
80 as to ftilly r*M-r tbo U. L. Batt z4olmdation for the mm
*dvawOd in ROOOTdance WIVI TlararTaph 4 of this agroonon't.
vjTn otir hands in tripl iOntO, asoh of *bJoh
iftell bo owmidft-Od 4A Orl4M11 m Vd* Oto _ MY of
ATV VVT
TV& "un'T or "VRMS, =ISTT
a. -L. avlt,.� ii�WIIUATIC;N
SECTION 2. WHEREAS, IT IS IMPERATIVE THAT THE FACILITIES IN THE
PARK AND RECREATION AREA BE ENLARGED BY THE CONDITION OF THE PROPERTIES AFFECTED
BY THIS AGREEMENT AND 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 ORDI-
NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, 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 PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED
THIS THE A,?,nd)DAY OF APRIL, 1953•
AT ST: MAYOR
CI F CORPUS CHRISTI, TEXAS
CITY SECRETARY
A A 0 iGAL FORM:
CITY AllrORNEY
CORPUS CHRISTI, TEXAS
A 1953
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING ORDINANCEtA 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.
RESPE TFUL
Ltd
A
MAYOR
CITY OF r Pps CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES A. NAISMITH W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING �- 1
P. Cr CALLAWAY
JAMES A. NAISMITH
W. JAMES BRACE
34LF 0