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HomeMy WebLinkAbout04357 ORD - 10/05/1955EM: 10/55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH NUECES COUNTY NAVI- GATION DISTRICT NO. 1 FOR LEASING OF THE BASCULE BRIDGE FOR THE PERIOD BEGINNING OCTOBER 1, 1955, AND ENDING SEPTEMBER 30, 1956; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AGREEMENT WITH NUECES COUNTY NAVIGATION DISTRICT N0.1 FOR LEASING OF THE BASCULE BRIDGE FOR THE PERIOD BEGINNING OCTOBER 1. 1955 AND ENDING SEPTEMBER 30, 1956, A COPY OF SUCH LEASE AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR PROVIDING FOR THE ADEQUATE OPERATION OF THE BASCULE BRIDGE IN ORDER TO PROPERLY TAKE CARE OF TRAFFIC WITHIN THE CITY CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERA- TIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 IN- TRODUCED 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 ACCORD- INGLY SO ORDAINED. PASSED AND APPROVED THIS 5TH DAY OF OCTOBER, 1955. _e . YZ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTQEST&) / off CITY SECR TAI} APPROVE AS TO LE L FORM OCTOBERS 1955: CITY ATTORNEY 4357 I .. THE STATE OF TEXAS 0 COUNTY OF NUECES 6 THIS AGREEMENT OF LEASE BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER AND CITY SECRETARY, THEREUNTO ONLY AUTHORIZED BY ORDINANCE PASSED BY THE CITY COUNCIL AND HEREINAFTER STYLED CITY, AND NUECES COUNTY NAVIGATION DISTRICT NO. 1, ACTING HEREIN BY AND THROUGH ITS NAVIGATION AND CANAL COMMISSIONERS, THEREUNTO DULY AUTHORIZED, HEREINAFTER STYLED DISTRICT. W I T N E S S E T H I I THE CITY HEREBY LEASES TO THE DISTRICT FOR THE PERIOD BE- GINNING OCTOBER 1, 1955 AND ENDING ON THE 80TH DAY OF SEPTEMBER, 1956, THE BASCULE BRIDGE OVER THE ENTRANCE CHANNEL AT THE PORT Of CONPUS CHRISTI, TEXAS, BEING THE PROPERTY OF SAID CITY, TOGETHER WITH THE MACHINERY, EQUIPMENT AND ALL ACCESSORIES TO SAID BRIDGE. 11 AS CONSIDERATION FOR SAID LEASE AND AS RENTAL THEREFOR, THE DISTRICT COVENANTS WITH THE CITY AS FOLLOWS: (A) THAT IT WILL PAY TO THE CITY AS RLNTAL THE SUM OF ONE DOLLAR (x1.00) FOR THE TERM OF THIS LEASE. (B) THAT IT WILL PAY ALL OF THE OPERATING EXPENSES OF SAID BRIDGE AND EQUIPMENT, INCLUDING THE SALARIES Of THE EMPLOYEES WONKIMG ON SAID SRI NE, DURING THE FULL TERM OF THIS LEASE. (C) THAT 11 WILL AT ITS OWN COST AND EXPENSE KEEP SAID BRIDGE AND ITS EQUIPMENT ANB MACHINERY IN GOOD ORDER AND CONDITION DURING THE TERM OF THIS LEASE AND KEEP THE SAME FULLY INSURED OR ADEQUATELY PROTECTED (D) THAT IT WILL OPERATE SAID BRIDGE IN AN EFFICIENT BANNER AND $O AS NOT TO UNNECESSARILY INTERFER WITH THE PEDESTRIAN, VEHICULAR AND RAILROAD TRAFFIC ACROSS SA10 BRIDGE. TWAT IT WILL TURN OVER SAID PROPERTY TO THE CITY AT THE END OF THE TERM OF THIS LEASE -1- IN AS GOOD STATE AND CONDITION AS IT it NOW, REASONABLE USE THEREOF AND 01101MARY YEAR AND TEAR AND DAMAGED ■Y COLLISION OR OTHER UNAVOID- ABLE ACCIDENTS AND DAMAGES BY THE ELEMENTS EXCEPTED. III NOTHING IN THIS LEASE AGREEMENT SMALL AFFECT THE LIABILITY OF THE CITY FOR THE OPERATION OF SAID BASCULE BRIDGE UNDER ANY COM- TRACTS HERETOFORE ENTERED INTO, FIXING THE JOINT LIABILITY OF THE CITY AND DISTRICT FOR SAID OPERATION. IV THE DISTRICT SMALL NOT BE LIABLE TO THE CITY FOR DAMAGES IN ANY AMOUNT GROWING OUT OF THE OPERATION AND MAINTENANCE OF SAID BRIDGE BY THE DISTRICT NON SMALL IT BE LIABLE TO THE CITY FOR ANY DAMAGES TO SAID BRIDGE, ITS EQUIPMENT, MACHINERY AND ACCESSORIES PUR- INS THE TERM OF THIS LEASE FROM ANY CAUSE. V DURING THE PERIOD OF THIS LEASE THE EMPLOYEES OPERATING SAID BRIDGE AND ITS MACHINERY AND EQUIPMENT SMALL BE SELECTED BY THE MAVIGATiOM DISTRICT. v THE DISTRICT SMALL ONLY BE REQUIRED UNDER THIS LEASE AGREEMENT TO PAY FOR THE ORDINARY UPKEEP AND REPAIR OF SAID BRIDGE AND ITS EQUIPMENT AND MACHINERY BUT SMALL NOT BE REQUIRED TO PAY FOR REPLACEMENTS OR FOR ANY REPAIRS NOT REQUIRED BY ORDINARY USE OF SAID BRIDGE AND SMALL NOT BE REQUIRED TO MAKE REPAIRS CAUSED BY DAMAGES BEYOND THE CONTROL OF SAID DISTRICT, OR OTHERWISE. VII THE DISTRICT AND THE CITY EACH RESERVE THE MIGHT AND OPTION TO CANCEL AND SURRENDER THIS LEASE AT ANY DATE DURING THE TERM HEREOF BY GIVING SIXTY (60) DAYS NOTICE IN WRITiMG TO THE OTHER PARTY HERETO PRIOR TO SUCH CANCELLATION DATE, SUCH NOTICE TO BE DELIVERED BY MAIL -2- TO SUCH OTHER PARTY. OR IN PERSON TO THE MAYOR OR THE CITY OR TO THE CHAIRMAN OF THE NUECES COUNTY NAVIGATION DISTRICT NO. 1. AND AT THE EXPIRATION OF SAID SIXTY (60) DAYS THIS LEASE SMALL RE OF NO FURTHER FORCE AND EFFECT. WITNESS OUR HANDS IN DUPLICATE THIS DAY OF BCTOBER, 1933. CITY OF CORPUS CHRISTI. TEXAS BY CITY MANAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM OCTOBER 1955: CITY ATTORNEY NUECES COUNTY NAVIGATION DISTRICT N0.1 BY ATTEST: ASSISTANT SECRETARY NAVIGATION AND CANAL COMMISSIONERS CORPUS 1S'TTII TEXAS C r Pt" j - , 1955 TO THE MEPIBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINmNCE' 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 FINALI..Y ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER PULE ',-]AS SUSPENDED BY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULLI (([ f W. J. ROBERTS B. E. BILLER MANUEL P. MIALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI - - -;`4 W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO i q35-7