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&)
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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
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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
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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
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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
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