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Home My WebLink About04505 ORD - 04/18/1956• H EM:4/16/56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO A LEASE AGREEMENT WITH COLUMBIA SOUTHERN CHE- MICAL 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, SAID LEASE TO BE FOR A PERIOD OF TWO (2) YEARS BE- GINNING MAY 15, 1956 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, TEXAS: 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 i LEASE AGREEMENT WITH COLUMBIA SOURHERN 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 DE- PARTMENT OF THE CITY OF CORPUS CHRISTI FOR RECREATIONAL PURPOSES, SAID LEASE TO BE FOR A PERIOD OF TWO (2) YEARS BEGINNING MAY 15, 1956 AND END- ING MAY 14, 1958 AND SUBJECT TO THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HERE- OF. 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 RE- QUESTED 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_/I.._..DAY OF APRIL, 195/6, j ATT ;4A \YOR [r (� THE CITY OF CORPUS CHRISTI, TEXAS CITY SEC TARY APPROVED A5 TO LEGAL FORH APRIL, 1956• ITY 7TORNEV TEX STATE OF TEXAS COUNrf OF NMES This agreement made and entered into by and between Columbia-Southern Chemical, Corporation, a Delaware corpora- tion, with a permit to do business in Texas, hereinafter called "lessor", and the City of Corpus Christi, Texas, a duly organized and existing municipal corporation, herein- after called W I T N E 8 3 ET Ht For and in consideration of the sum of One Dollar (41) paid to It by lessee and s,,ibject to the ounditIons, covenants and agreements hereinafter contained on the part of lessee to be kept and performed, lessor hereby !eases to lessee the following described tract of land lying in Nueces County, Texas, to-wit: A four (4) acre tract of land being a por- tion of Lot Eight (8) and Lot Nine (9) of &,tneroft-Dodge ?arm Lots now owned by lesson as follows: Beginning at the S,W. comer of Lot Eight 8f said Bancroft-Dodge Farm Lots., thene, 11 -31 14' 40" E 351 to a point; thence S 58 9 451 20" R 251 to t�e Foint of beginning of this tract; thence N 31 !�N 40" E 417.4' to -a point being the N.W. corner of this tract; thence S 58 451 20" E 417.41 to a point 'being the N.E. corner of this tract; thence S 31 141 40" W 417$.41 to a point being the S.E. corner of this tract; thence N 580 45, 2o" w 417.41 to the point of beginning, and containing four (4) acres of land, more or less, to be used only by lessee for recreational purposes; sub- ject, however, to the following: 1. This lease shall extend for a period of two (2) years, beginning on the day 1956, and end- ing on the n day of .L� 1958, but at any time dur- ing said term lessor shall have the right to cancel this lease and terminate the same in its entirety upon giving thirty (30) days written notice to lessee that it desires to terminate the same. Upon the giving of such notice said lease shall terminate on the date specified by lessor and thereafter lessee shall have no further right in the -1- leased premises. 2. Lessee agreest (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 will irxwdiat*ly yield up the premises peaceably to lessor in good condition, removing therefrom any building, structure, improvement or personal property plac-ed thereon by lessee and restoring the surfaee to its present condition, all at the sole and entire cost and expense of lessee. In the eirent lessee fails to so yield up the promises upon termination of this lease, then in addition to any other remedy provided by law lessor shall have the right to enter upon the leased premises, forcibly if necessary, and take possession of the same with- out being liable in trespass or otherwise for anything done in the retaking of such possession. (b) That it will permit no use of the promises except fot, public ,ceereational purposes and the conduct of Innocent sports thereon, ali such recreation and sp,,)rts to be conducted under and subject entirely to the control of lessee. (c) That lessee shall have full, exclusive and entire control and direction of the use and maintenance of the leased premises during the term of thila lease agree- ment and that lessor shall not be liable to any person, firm or corporation for any damage of any kind or character to persons or property arising from, growing out of, or con- nected with any use of the leased premises during the term of this lease. Lessee agrf.�es to protect and hold lessor harmless from any and all claims or demands made against lessor for any such damages, including the cost and expense of attorney's fees incurred in connection therewith, (d) That this lease cannot be assigned or the leased promises sublet in whole or In part, -2- IN WITNESS WHEREOF, this Instrument is executed in duplicate originals by the pestles, each acting by and through its duly authorized officers hereunto, on this ths12_ '7 day of _ 92" ft �1 1955. COLUMIA »SOUTHERAt CHEMICAL CORPORATION works manager CITY OF CORPUS CHRISTI ATTEQT ; BY City Manager j► secretary THE STATE OF TEXAS COUP OF NUECAS BEFORE nl, the undersigned authority, on this clay personally appeared S. J. Hultm n, Works Manager of Columbia- Southern Chemical Corporation, a corporation, known to me to be the g:rson and officer whose name is subscribed to the i oregoing instrument any a know wedged to ,.e tha , tie same was the act: of the said corperati.cn and that. he Mxecuted the same as the act and abed of srch. corporation 'or the purposes and considaratic., therein expxesseu and in the capacity therein stated. {GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1955. n an or uecas ounty, Texas THE STATE OF TEXAS i € 747 51 BEFORE ME, the undersigned authority, on this day persbn4lly appeared Russell E. McClure, City Manager of the City of Corpus Christi, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said city and that he executed the same as the act and deed of said municipal corporation for the pur- poses and consideration therein expressed and in the capacity therein stated. GIVEN 'UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1956. in and or rueces County, ®xas -3- CDRPUS CHRISTI,,TEXAS 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVZ 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 ORDI MANC "E F NALLY 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 RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH NIiNOR CULLI W. J. RceERTS X. E. BIGLER V',ANUEL P. MAL DONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH M I'JOR CJ! LI Wo J. ROBERTS B, E. BIGLER IVMANUEL P. MALDONADO qt�o�j