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Home My WebLink About03761 ORD - 05/26/1954AC :5/24/54 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTERINTO A LEASE AGREEMENT WITH COLUMBIA SOUTHERN CHEMICAL CORPORATION FOR A FOUR ACRE TRACT OF LAND BEING A PORTION OF LOTS EIGHT AND NINE 9 OF BANCROFT -DODGE FARM LOTS, TO BE USED BY THE PARK AND RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI, SAID LEASE TO BE FOR A PERIOD OF TWO (2) YEARS BEGINNING MAY 15, 1954 AND ENDING MAY 14, 1956, AND 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED 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 LOTS EIGHT (8) AND NINE (9) OF BANCROFT -DODGE FARM LOTS, TO BE USED BY THE PARK AND RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI FOR RECREATIONAL PURPOSES, SAID LEASE TO BE FOR A PERIOD OF TWO (2) YEARS BEGINNING MAY 15, 1954 AND ENDING MAY 14, 1956, AND SUBJECT TO THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT, A COPY OF WHICH AGREEMENT IS 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 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 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 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS D AY OF MAY, 1954. ATT SI- e4' CITY SEC ET APPROVED AS T LEGAL FORME CITY ATTORNEY MAYOR PRO TEM THE CITY OF CORPUS CHRIS I, TEXAS ? L �I THE STATE OF TES OODNd''Y OF KMCES � THIS AGR me" and entered into by and between lumbia- Southern Chemical Corporation, a Delaware aerporaiion with a permit to do business in Twcas, hereinafter called "Lessor ", OM the City of Corpus Christi, Texas, a duly organised and exist - ing municipal corporation, hereinafter called "Lessee ", WITVES5ETHs For and in consideration of the sue of One Dollar (41) paid to it by Lessee and subject to the conditions, coven- ants and agreements hereinafter contained an the part of Lessee to be kept and performed, Lessor hereby leases to Leases the fol- lowing described treat of land lying in Rneaes County, Texse, to- wits A four (4) sore treat of land being a per - tion of Lot Eight (8) and Lot Hine (9) of 13awroft -Dodge Farm Lots now awned by Loa - oar as follower Beginning at the S.W. corner of Lot Eight (8) of said Beneroft --Bodp ?arm Lota; theme x 310 14, h0" , 351 to a pointy thence 3 580 1351 20" E 251 to the point of beginning of 4 this tracti theme E 310 141 00 E 417.41 to a point being the B. B. corner of this traotj thence S 580 454 20" 9 417.41 to a point be- ing the 1. E. corner of this tract] thence S 310 10 stow W 417.4' to a point being the .E. corner of this tracts thence E 583 45, 20" 1417.41 to the point of beginning, and containing four (4) acres of land, more or less$ to be used only by Lessee for reareational purposes, subjsct, ha1s- ever,to the followings 1. This lease shall extend for a period of two (2) Years, beginning an the /day of - �, 1954, and ending on the day of 1956, but at say time during said term Lessor shall have the right to essscsl this lease and terminate the same in its entirety upon giving thir- ty (30) days written notice to Lessee that it desires to terminate -1- the same. Upon the giving of such notice said lease shall ter - miaats on the date specified by Lessor and thereafter Lessee shall have no further right in the leased premises. 2. Lessee &greens (a) That upon the termination of this lease either by expiration of the lease term or upon prior termina- tion as a result of notice from Lessor, it mil Immediately yield up the premises peaceably to Lessor in good condition, removing therefrom any building, structure, improvwment or personal proper- ty placed thereon by Lessee and restoring the surface to its pre- sent condition, all at the sole and entire cost and expense of Les- see. In the event Lessee fails to so yield up the premises upon termination of this lease then in addition to any other remedy pro- vided by law, Lessor shall have the right to enter upon the leased premises, forcibly if necessary, and take possession of the same without being liable in tr "pass or otherwise for anything done in the retaking of such possession. (b) That it will permit no use of the prrnaises axssept for public recreational purposes and the conduct of inno- cent sports thereon, all such recreation and sports to be conduct- ed under and subject entirely to the control of Losses. (c) That Lessee shall have full, exclusive and entire control and direction of the use and maintenance of the leas- ed promises during the term of this agreement and that Lessor shall not be liable to any person, firm or corporation for any, dasage of any kind or character to persons or property arising from, growing out of, or connected with any use of the leased premises during the term of this lease. Losses agrees to protect and hold Lessor he=- less from any and all claims or demands made against Lessor for any such damages, including the cost and "nee of attorney's fees in- curred in connection therewith. -2- (d) That this leas,: cannot be assigned or the leased premises sublet in whole or in part. IN MUSS RIOP, this instrument is executed in duplicate originals by the parties, each acting by and throw Its duly authorized officers hereunto, on this the day of 1954. COMURIA- SOUTHM CHMCAL CORPORATION c1y . works er CITY OF CORPUS CHRISTI ATTBST a By My- Manager Sty acre wry THE STATE OF TEXAS 0 COUNTY OF NTMES Q BEFORE ME, the undersigned authority, on this day person- ally appeared S. J. Hultman, Works Hanger of Columbie- Southern Chemical Corporation, a corporation, known to as to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the some was the act of the said corporation and that he executed the some as the act and deed of such corporation for the pur- posse and consideration therein expressed, and in the capacity herein stated. OIiTEii UNDER Mr STAND AND SEAL OF OFFICE, this At e day of , 1954. NOTARY PMLre in an or ueces oua y, Texas THE STATE OF TEXAS I COUNTY OF inEcEs ¢ BEFORE US, the undersigned authority,.on this day person- ally appeared Russell E. McClure, City Manager of the City of Corpus Christi, a municipal corporation, kammto as to be the person and officer whose acme is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said city and that he executed the some as the act and deed of said municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UIDUR 91 HAND AND SFAL OF OFFICE, this the �� day of , 1954. EMT PM:1C in and ?or Weave M-URY, Texas -3- CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING-O-RDINANCE, 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 INTRODUCE, 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, y MAYOR v if CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUS,ENDED BY THE FOLLOWING V,QTF,: =L(x��6 -IJfT EN STE.LN ELLROY K'I NG P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS P ;S S ED BY THE FOLLOWIM'O`+VOTE' �Lf'CTiT6`Jd`ST ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH r-- 3 W. JAMES BRACE u 3� (p 1