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HomeMy WebLinkAbout13359 ORD - 08/25/1976JKH:8- 25 -76; 1st AN ORDINANCE CANCELLING THE 5 -YEAR LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND CRYSTAL PETROLEUM COMPANY FOR THE OPERATION OF THE FUEL STATION AT THE MARINA, AUTHORIZED BY ORDI- NANCE NO. 10988; TRANSFERRING TITLE TO THE GASOLINE STORAGE AND DISPENSING EQUIPMENT TO THE CITY OF CORPUS CHRISTI; AUTHORIZING THE CITY MANAGER TO EXECUTE DOCU- MENTS NECESSARY TO EFFECT THE LEASE CANCELLATION AND TRANSFER OF TITLE TO THE GASOLINE STORAGE AND DISPENS- ING EQUIPMENT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council, by the passage of Ordinance No. 10988, authorized a five -year lease between the City of Corpus Christi and Crystal 'Petroleum Company for the operatioiof the fuel station at the Marina, for the period from June 1, 1972, to May 31, 1977; and WHEREAS, it is mutually agreeable to -the parties to the lease to cancel said lease: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: , SECTION 1. That the five -year lease agreement between the City of Corpus Christi and Crystal Petroleum Company for the operation of the fuel station at the Marina, authorized by Ordinance No. 10988, be and the same is hereby cancelled as of the effective date of this ordinance. SECTION 2. That the City Manager be and he is hereby authorized to execute the necessary documents to effect the lease cancellation and transfer of title to the gasoline storage and dispensing equipment to the City of Corpus C h•isti. SECTION 3. The necessity to cancel the lease hereinabove described and to authorize transfer of title to the gasoline storage and dispensing equipment in order that the City may commence operations of the said fuel station at the Marina 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, having requested the suspension of said Charter rule and that WROFILMEQ, JUN 1 71980 J-3359 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, this the 25th day of August, 1976. ATTEST: City Secretary MAYOR Pro•Tem ` THE CITY OF CORPUS ARISTI, TEXAS APPROVED: 25 DAY OF AUGUST, 1976: J. BRUCE AYCOCK, CITY ATTORNEY i*w4f Assistant City Attorney AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement made and entered into by and between the City of Corpus Christi, of Nueces County, Texas, hereinafter called "City ", and Crystal Petroleum Company, hereinafter called "Company ": WITNESSETH: 1. The contract of lease and rental made and entered into between the City and Company for operation of the Marine Filling Station at the Corpus Christi Marina, at the location hereinafter more fully described, together with the building improvements located thereon, authorized by Ordinance No. 10988, be and the same is hereby cancelled: BEGINNING at a copper pin for corner in the East face of the concrete cap on the Lawrence Street pier, said point being approximately seventy (70) feet South of the most Easterly Northeast corner of said pier; THENCE in a Northerly direction along the East face of said concrete cap, a distance of 60.77 feet more or less to the beginning of a curve to the left; .THENCE in a Northerly and Northwesterly direction along the face of said concrete cap, along a curve a distance of 11.70 feet to the end of said curve; THENCE in a Northwesterly direction along the face of the concrete cap a distance of 29.58 feet to the begin- ning of a curve to the left; THENCE in a Northwesterly and Westerly direction along the face of said concrete cap, along a curve, a distance of 7.40 feet to the end of said curve; THENCE in a Westerly direction along the face of said concrete cap a distance of 83.17 feet to a point for a corner; THENCE in a Southeasterly direction a distance of 147.51 feet to the PLACE OF BEGINNING. 2. Company hereby conveys all its assets listed in the original lease plus any others acquired in connection with the contract authorized under Ordinance No. 10988 to the City, excluding fuel and other petroleum inventories which the City will purchase at rates Company sells its products to other City departments, as outlined in letter dated June 8, 1976, from Crystal Petroleum Company, attached hereto as Exhibit "A ". EXECUTED in duplicate, each of which shall be considered an original, this the day of , 1976. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF AUGUST, 1976: J. BRUCE AYCOCK, CITY ATTORNEY gy Assistant City Attorney CRYSTAL PETROLEUM COMPANY ATTEST: By. Secretary CRYSTAL PETROLEUM C0MPANY 4041 AGNUS — r. 0. !o% 41860 - - C.OAW! CHRISTI. TrXAZ 79400 - June 8, 1976 " City of Corpus Christi . Attention: George Gable 302 So. Shoreline Corpus Christi, Texas Subject: Marina Fuel Dock Lawrence St.' "T" Head - Dear Mr. Gable: In reference to our telephone conversation of June 7,'1976, we -would like to terminate our lease with-the City on the "T" Head Marina.—Over the past several years we have installed several dealers in'tbis lo- cation any of them being able to operate at a profit. .Crystal Ras salary operated this outlet several times... each time without a profit. We are now operating the outlet using Manpower services at a large monthly loss -to us. Rather than just closing the outlet, we would much prefer to see the City take over and operate this Marina, so that the few people who do use these facilities can continue to be ac- comodated.' Crystal Petroleum Company will continue to supply this outlet with fuels, oils, and whatever other petroleum products that -you may desire. Our terms and services will be on the same basis as for the various other departments of the City that we now supply. All the gasoline storage and despensing equipment presently at the Marina is owned by Crystal. We would be agreeable to conveying title to all the pumps and tanks now installed upon termination of our present lease. The City would then become responsible for the maintenance, utilities, and operational expense 6f the Marina. Your consideration of this request *ill be greatly appreciated.. C R.M. Carroll - _ Sales Manager RMC /tc X86// „... CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR P10• em THE CITY OF CORPUS LISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY TH FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE