HomeMy WebLinkAbout05038 ORD - 05/14/1958AN 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 ACRE TRACT OF LAND,
BEING A PORTION OF LOTS EIGHT AND NINE g 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, 1958, AND ENDING MAY 14, 1g60, AT WD
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
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 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, 1958, AND END-
ING MAY 14, 1960, 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 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 L DAY OF MAY, 1958.
ATTEST:
CITY SECRETARY
APPROVED AST LEGAL FORM T/15
DAY OF MAY, 1958:
n
CITY ATTORNEY
MAYOR
Sb3?
EB:5/8/58
THE sTATE of TEXAS �.
COU14W of Nt1ECES
THIS AGREEWXT wot AND ENTERED INTO BY AND OCTVtg* COLUMBIA"
SOUTHERN CHEMICAL CORPORATION, A DELAMARE CORPORATION WITH A PERMIT TO
Do pUSINESS IH TEXAS, HEREINAFTERI CALLED "LESSOR ", AND THE CITY OF
COMMIS CHRISTI, TEXAS, A OULY ORSAMIYED AND EXISTING IRINICIPAL CORPORA-
TION, HEREINAFTER CALLED "LESSEE ",
WITNES5ETH:
FOR AND IN CONSIDERATION OF THE SUM OF DOE DOLLAR ($1) PAID
TO IT BY LESSEE AND SUBJECT TO THE CONDITIONS, COVENANTS AND ASREEMENTS
HEREINAFTER CONT" NEB, ON THE PART OF LESSEE TO SE KEPT AND PERFORIM6D,
LESS ®R Hmuy LEAAED TO Ltsm THE FOLLOWING DESCRIBED TRACT OF LAND
LYING IN NUECES COUNTY, TExAB, TO+YIt2
A FOUIR 4) ACRE TRACT OF LAND BEIHa A PORTION OF LOT
EIGHT (8) AND LOT NINE (9) of SANCRoFT -*owe FARM
LOTS t4oW OWNED BY LESSOR AS- FOLLOWSI
BEGINNING AT THE S.W. CORNER OF LOY EIGHT (8) Of
SAID 5ANCRGfTwDQWE FARM LOTS; THENCE N 31° 114' 40"
E 35' TO A POINT; THVMOE S 584 1451 211" E 25' TO THE
POINT OF SEGIKNINS OF THIS TRACT$ THENCE N 31° 14'
40" E 417.4' TO A POINT BEING THE N. W. CORNER OF
THIS TRACT; THENCE S 58. 45' 20" E 417.4' To A POINT
BEING THE N. E. CORNER Of THIS TRACT; THENCE S 31°
14' 14U" w 417.41 TO A P0114T BEING THE S. E. CORNER
of THIS TRACT; THENCE N 55. 445' 0" W 417,141 TO THE
POINT OF BEGINNSRR, AND CONTAINING FOUR (4) ACRES of
LAND, MORE DR LESS,
TO BE USED ONLY BY LESSEE row RtCREATI**IkL PURPOStS, SUBJECT, HOWEVER, TO
THE FOLLOWINGS
1. THIS LEASE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS,
BEGINNING ON THE 15TH DAY of MAY, 1955, AND ENDING ON THE 114TH. DAY OF
HAY, 1960, BUT AT ANY TIME DURING SAID TERN LESSON SMALL 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 DESIRE'S TO TERMINATE
THE SAME. 4JPON THE GIVING OF SUCH NOTICE SAID LEASE SHALL TERMINATE ON
THE DATE SPECIFIED DY LESSOR AND THEREAFTER LESSEE SMALL HAVE NO FURTHER
RIGHT IN THE LEASE* PRENIlEB.
to Lamwe "IT "i
(A) THAT woN THA TEIRIINATIIIH or THIS I"" CITNER BY EIIPIRATIRN
ST THE LEASE TEINM DR YPSW PIIIOIt TtIMINATiON AS A NXW^Y Or NOTICE FROM LtEMRy
IT WILL IRNMMIATZLY Yl"D UP TIg', Pami E PeACEALY TO LES"m IN s CSHRrtTISHs
REItOYINS TNERETWN ANY WILSIMS, STIACTUNE, IIW WtMt►IT " PERSONAL TRMrRTY
PLACED THERCON BY LESSEE ANO RESTORING TKE SURrXC£ TO ITS PRESENT CGMIIION,
ALL AT THE SOLE AND ENTIRE COST AND EXPENSE Of LLSSC9. IN THE EVENT LESSU
fAILS TO 80 YIELD UP THE PRENIS" UPON TEIHIRNATION OF THIS LEASE THEN IN ADCR-
TIDN TO ANY OTHER REMEDY PROV40E0 SY LAW, LESSIMI SHALL NAVE THE RIGHT TO ENTER
UP" THE LtASEO PREMISES, fORCHSLY If NECESSARY, ANO TAKE POSSESSION OF THE
SAME WITHOUT SEIM11 LIAtILE Ill TRESPASS " Or"00018E f0R ANYTHING ODNE IN THE
11"AKING OF SUCH POSSESSION.
(S) THAT IT WILL ►ERMIT NO USE of THE PREMISES EXCEPT fOR PINMLIC
RECREATIONAL PoiWOSES ANO THE COMCUCT OF INa""T W6011 TMEREOII, ALL SUCH
RECREATION AND SPORTS TO SE CODIDUCTEq UaIDER AND SWB"CT ENTIRELY TO THE CONYROM,
OF LESSEE.
(c) THAT LE$SCi SHALL HAYS FULL, EXCLUStYL AND ENTIRE CMITRW.
AND DIRUTIOH Of THE USE ANC MARNTEMHAHCE OF THE LEASED PREMISES MWIMS TN' TEAT
OF THIS ASREENEt1T AND THAT LESSOR SMALL NOT GE LIABLE TO ANY VERMIN FIRM OR
CORPORATION FOR ANY DAMAGE OF ANY KIND OR CW"A4TER TO FE23006 DR PROPERTY
ARISINS fNSM, $OQWING OYT OF/ OR coRSIECTCD MITN ANY USE OF THE LEAlBD PREMISES
WRINS TIRE TERM OF THIS LEASE. LESfrrz A&REES TD PROTECT AND NOLO LESSOR NANH*
LESS TOM MIT AND ALL CL"MM OR OEIIAiICi MADE AGAINST WMS" FOR ANY SNCN
6ANAStltt t1ALIlDtNS THE COST ANTS EWHINSE OF AT'T""YtS FELH INCUIIRiC MN Co""-
TRIM T100WITN6
(0) THAT THIS LEASE CANNOT 09 ASSrSNEO OR THE LEASBO PUN$41"
&UOLCT to IIH, t OR to PART•
IN WIT" W"' THIS I"TRIIIitiW 1! 911"4060, IN DUPLICATE ORIp /HALM
t1Y TMt PARTIES, EACH ACT I IIO SY AND TWWAM ITS CHLY A:WTHW 90 Or 1 GERi It6e•RRRIRTSy
SM TNHS TIIE � DAY Of MAY# 19$.
cQAw1A.wwjx GIi'J c& TIOn
-- IIISRrts A"*
ATMTs CITY OF CO S CHRISTI
ITT SUMAM STY ABtLR
AID AS TO LEGAL VW ....r
THE STATE OF TEXAS Q
COUNTY OF NUECES i
MORE ME, THE UNDERSisNED AUTUDRITY. ON THIS DAY PERSONALLY
APPEARED S. J. MXTRAN, WORKa M"AOER OF COLLNwIA"$OUTHERN CHEMICAL
CORPORATION, A CORPORATION. XHOWN TO ME To BE THE PERSON AND OFFICER
WHOSE *AMC IS SWDfCRIBED TO THE FOREBOIN6 INSTROMT AND ACXNDWLEDBED
TO ME THAT TUE SANE WAS THE ACT Of TUC SAID CORPORATION AND THAT WE
EXECUTED THE SAME AS TUC ACT ANO OCEO OF SUCH CORPORATION FOR THY PUR-
POSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN
STATED.
GIVEN UMM NY NM AND SEAL Or OFFICE,, THIS THE DAY OF
« 199a «
MARY PwaLle IN AND FOR NUEOEs COiINTY.
TEXAS
THE STATE OF TUAS 4
COUNTY OF NIIECES 0
WOK AL. THE DNDERSIBNED AbTUDRtTY. ON THIS DAY PERSONALLY
APPEARED RUSSELL E. ftCL i E. CITY %Amen OP THE CITY CIF CORrUB CHRIsTt,
A MUNICIPAL CORPORATIOR, XM"W TO US TO sE THE PERSON AND OFFICE SE
HAKE Is SUSSCAMS TO THE FOREGOING INSTRtlNOMT AND ACXNOWLEDEED TO NE
THAT TUC SANE WAS THE ACT OF THE SAID CITY AND THAT HE EXECUTED THE SANE
AS THE ACT AND DEED OF $AID MUNICIPAL. CORPORATION FOR THE PURPOSES AMC
CONSIDERATION THEREIN EXPRESSED. AND IN THE CAPACITY THEREIN STATED*
RIVEN UNMR NY HAND AND SEAT.. OF WF ICE. TNI a TMs DAY OF
1950,
NOTARY PLINK IN AND FAR NUECES COUNTY,
TEXAS
CORPUS CHRISTI, TEXAS
1958
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN;
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE -
GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION 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,, Iy THEREFORE, HEREBY REQUEST THAT YOU SUSPEND 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
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS ,
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. RILLS
ARTHUR R. JAMES
t
ODELL ING LE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
rte.
ODELL INGLE'� !%C
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