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HomeMy WebLinkAbout04865 ORD - 09/11/1957IMS:EB:9 /5/57 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-17FE-EASCUEE- BRIDGE FOR HE PERIOD BEGINNING OCTOBER 1 1 AND ENDING SEPTEMBER 30p T95b; AND DECLARING AN EIJIERGENICY. 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 NO. I FOR LEASING OF THE BASCULE BRIDGE FOR THE PERIOD BEGINNING OCTOBER 11 1957, AND ENDING SEPTEMBER 30, 1958, 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 IMPERATIVE NECESSITY REQUIRING THE SUS- PENSION OF THE CHARTER RULE 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 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 ORDI- NANCE 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 � DAY OF - @, /,,�,�- 1957. MAYO I OF CORPUS CHRISTI, TEXAS ATTEST: CITY ECRETARY APPROVED AS TO LEGAL FORM THIS CITY AfdRNEY�7 //V! -J c-S." w�rls /m /a7 TK STATE OF TtXA5 p COUNTY OF muicks p THIS AGASEH[NT OF LEASE BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER AND CITY SECRETARY. THEREUNTO ONLY AUTHORIZE. BY ORDINANCE PASSED BY THE CITY COUNCIL AMC NEXEIMAFTEB STYLEOACITYT AND NUECES COUNTY NAVIGATION DIS• TRICT MO. 1, ACTING HEREIN OV AND THROUGH ITS NAVIGATION AND C:.NAL COMMISSIONERS, THEREUNTO DULY AUTHORIZED, HEREINAFTER STYLED "DISTRICT-, 1 THE CITY MEREST LEASES TO THE DISTRICT FOR THE PERIOD OEGINNING OCTOSER 11 1957 AND ENDING ON THE 30111 DAY OF SEPTEMBER.. 1956. THE BASCULE BRIDGE OVER THE ENTRANCE CHANNEL AT THE PORT Of CORPUS CHRISTI, TEXAS. BEING THE PROPERTY Or SAID CITY. TOGETHER WITH VON NACHINERV, EQUIPMENT AND ALL ACCESSORIES TO SAID BRIDGE. II As CONSIDERATION fOR SAID LEASE AND AS RENTAL THEREFOR. THE © /STRICT COVEMANTS WITH THE CITY AS FOLLOWS. (A) THAT IT WILL PAY TO THE CITY AS RENTAL THE SUN OF ONE DOLLAR ( 61.00) foot THE TEAM Of THIS LEASE. (E) THAT IT WILL PAY ALL Of THE OPERATING EXPENSES OT SAID BR /OBE AMR EQUIPMENT. INCLUDING THE SALARIES OF TOE EMPLOYEES VORNING ON SAID BRIDGE. DURING THE FULL TERM OF THIS LEASE. (C) THAT IT WILL AT ITS OWN COST AND EXPENSE KEEP SAID BMIDGE AND ITS EQUIPMENT AND MACHINERY IN HOOD ON S" AND CONDITION DURING THE TERM Of THIS LEASE AND KEEP THE SAME FULLY INSURED OR ADEQUATELY PROTECTED. (D) THAT IT WILL OPERATE DAto BRIDGE IN AM EFFtCIEWT DANGER AND SO AS NOT TO UNNECESSARILY IRTERFENE NIT" THE PEOESYRAIN, VEHICULAR AND RAILROAD TRAFFIC ACROSS SAID BRIOCE. THAT IT WILL TURN OVER SAID PNOPKATV TO THE COTT AT THE ROD OF THE TERN OF THOS LEASE IN AS 9000 STATE AND CONDITION AS IT 15 NOW. REASONABLE USE TMENNOF AMP ORDFNARV NEAR AND YEAR AND OAKABES BY COLLISION OR 01IMER UNAVOIDABLE ACCIDENTS AND PRIMROSES BT THE ELEMENTS EXCEPTED. 111 NOTHING ON 111615 LEASE AGREEMENT SMALL AFFECT THE LIABILITY OF THE CITY F'Df THE OPERATION OF SAID BASCULE BRIDGE UNDER ANY CONTRACTS HERETOFORE ENTERED INTO, FIXING. TOE JOINT LIABILITY OF THE CITY AND DOS. TRICT FOR SAID OPERATION. IV THE 015TRICT SHALL NOT BE LIABLE TO THE CITY FOR DAMABE5 IN ART AMOUNT GROWING OUT OF THE OPERATION AND MAINTENANCE OF SAID BRIDGE BY THE DISTRICT NUR SHALL IT BE LIABLE TO THE CITY FOR ANY DAMAGES TO SAID RRIGGE. ITS EQUIPMENT. MACHINERY AND ACCESSORIES DURING THE TERM GF THIS LEASE FROM ANY CAUSE. V DURINB THE PERIOD OF THIS LEASE THE EMPLOVEE5 OPERATING SAID BRIDGE AND ITS MACHINERY AND EQUIPMENT SHALL BE SELECTED BY THE NAVIGATION DISTRICT. VI THE DISTRICT SHALL ONLY BE REQUIRED UNDER THIS LEASE AGREEMENT TO PAY FOR THE ORDINARY UPKEEP AND REPAIR OF SAID BRIDGE AND I75 EQUIPMENT AND MACHINERY BUT SHALL NOT BE REQUIRED TO PAY FOR REPLACEMENTS OR FOR ANY REPAIRS NOT REQUIRED BY ORDINARY USE OF SAID BRIDGE AND 514ALL HOT BE RE- QUIRED TO MAKE REPAIRS CAOSEL BY DAMAGES BEYOWD THE CONTROL OF SAID DIS- TRICT. OR OTHERWISE. Vil THE DISTRICT AND THE CITY EACH RESERVE THE 914111 AND OPTION TO CANCEL AND SURRENDER THIS LEASE AT AMY DATE DURING THE TERN HEREOF By OSTYIME SIXTY (60) DAYS# NOTICE IN WHITINI TO 111E OTHER PARTY HERETO PRIOR TO SUCK CANCELLATION DATE, SUCK NOTICE TO BE DELIVERED BY NAIL TO SUCH OTHER PARTY. ON IN PERSON TO THE NATION OA THE CITY OR TO THE CHAIRMAN OF THE NUECES . 2 C4)L*" NAYF4AVrON BIS"#CT ND. 1. AND Al 111E ERPIRATSOR OF SAID SIM [60) bAYS THIS LEASE SPALL DE OF NO FIAIYNE/I FORGE AND EFFECT. 195Y WITNESS M 14ANDS FH CwLICATE THIS DAV GF UpIra DEII. MY X C,:RPUS CHRI1;Tf, TEAS BY ATTEST: CITY RMh ACER 1VV SECRSTAAV APPROVED AS TO LEGAL FORK THIS DFY (T SEPT„ 1957: 1T1 ATT'DSSSV Nt3ECES C"TV NAVI@ATI(M DISTRICT NU, 1 BY NAVIGATION AND CANAL COMISaIONE9.5 ATTEST: ASSISYAHT SECRETARI CORP CHR ISTI, TEXAS 1957 v TO THE MEMBERS' OF THE CITY COLR1C IL CORPUS CHRISTI, TEXAS GENTLEMEN. FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE Oq RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT-IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SNA LL BE READ AT THREE MEETINGS OF THE CITY COUNCIL] I. THEREFORE, HEREBY REQUEST THAT YOU SUSPERD SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY.': 3 MAYOR THE CITY AF OR If$ CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWI VOTE07 FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO. CHARLIE J. AILLG ARTHUR R. JAMES ODELL INGLE L` THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH �. y V. J. ROBERTS B, E. BIGLER SIGLERI MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE' % ,�