HomeMy WebLinkAbout15408 ORD - 03/12/19801
vp:3/12/80:lst ,
AN ORDINANCE
APPROVING RENEWAL OF A 30 -YEAR LEASE AGREEMENT BETWEEN
THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND THE
PAISANO GIRL SCOUT COUNCIL, INC. FOR 41 ACRES BETWEEN
SUNRISE BEACH AND THE STATE PARK; 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 authorized to approve the
renewal of a 30 -year lease agreement between the Lower Nueces River Water
Supply District and the Paisano Girl Scout Council, Inc. for 41 acres between
Sunrise Beach and the State Park, all as more fully set forth in the lease
agreement, a substantial copy of which is attached hereto, marked Exhibit "A",
and made a part hereof.
SECTION 2. The necessity to authorize approval of the aforesaid
agreement at the earliest practicable date 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 that such
emergency and necessity exist, and having requested the suspension of the
Charter rule 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, this the 1Z—day of March, 1980.
ATTEST:
APPROVED:
/>-DAY OF MARCH, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City
15408
ITY OF CORPUS CHRISTI, TEXAS
06%*c.'‘
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
WHEREAS, The Lower Nueces River Water Supply District has certain
lands adjacent to its water reservoir located on the Nueces River near the
City of Mathis; and
WHEREAS, Portions of said land are intermittently used in connection
with said reservoir and request has been made for use of portions of said
lands by The Paisano Girl Scout Council, Inc.
and such use will be subordinate to the use by the District and the City of
Corpus Christi of said lands:
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the Lover Nueces
River Water Supply District acting through its Board of Directors, and the
City of Corpus Christi, acting herein by and through its City Manager, here-
tofore duly authorized by ordinance of the City Council, for and in consider-
ation of the agreements herein contained by The Paisano Girl Scout Council, Inc.,
do hereby enter into the following lease agreement:
I
The Lower Nueces River Water Supply District and the City of Corpus
Christi, subject to the reservations set forth in Paragraph II and VII hereof,
do hereby lease to The Paisano Girl Scout Council, Inc. the following
described land and premises:
Approximately 41 acres of land located adjacent to the water reservoir
of the City of Corpus Christi, south of the City of Mathis, with the
Paisano Girl Scout Council, Inc., covering all that tract of land
containing approximately 41 acres located in San Patricio County, Texas,
and more particularly described as follows:
All of that property containing approximately 41 acres located
west of the Tracts A and B excepted from the proposed lease to
the State Park Board, having its northeast-cornerapproximately
200 feet from the northwest corner of the Kate Jones Tract described
in Vol. 105, Page 153 of the Deed Records of San Patricio County,
Texas, on the said northerly extension of the western boundary of said
Kate Jones Tract, and having the northern line extending in a westerly
direction at right angles to the said western line to the said
Tracts A and B above mentioned, 1,800 feet for the most northern
corner of this tract; thence in a southwesterly direction at right
angles for the western line of this tract approximately 570 feet to
a point for the southwest corner, said point being in the northern
line of a Tract generally referred to as the Central Power and Light
Company property and acquired by the City of Corpus Christi by deed
recorded in Volume 127, Page 613, of the Deed Records of San Patricio
County, Texas; thence southeastward along said northern line and
eastern line of said Central Power & Light Company Tract to the 94
foot contour line of said Lake Mathis and continuing to the left
along the meanders of said 94 foot contour line to the point where
the said eastern boundary of this tract hereinabove referred to, and
the western boundary of said Tract A (Kate Jones Tract) hereinabove
mentioned.
„a„,
intersects said 94 foot contour line on the bank of said Lake
Mathis.
Thence in a northerly direction along the western boundary of
said tracts A and B a distance of approximately 960 feet to the
PLACE OF BEGINNING.
Said lands, however, shall be subject to the right of. the Lower Nueces River
Water Supply District and the City, of Corpus Christi to use the same as a
part of its water works system and to flood said lands or parts thereof by
Wesley Seale Dam, and any improvements, enlargements, reconstructions or
replacements of said Wesley Seale Dam, without any right of the Lessee to
recover any damage from flood waters or from the operation, repair,
construction or maintenance of said structures or said lake.
This lease is intended to permit the Lessee to use all of the area as a
right inferior to the rights of the Lower Nueces River Water Supply District
and the City of Corpus Christi to use the area as a reservoir betweea the
104 foot contour line and the edge of the water now in or which may be in
the reservoir. This lease is intended to supersede and be in lieu of any and
all other leases, rights or claims of the Lessee for the use of any land
in or adjacent to the existing water reservoir and the lands included in
the reservoir site.
II
This lease shall be subject to the continued uses by the
Lower Nueces River Water Supply District and the City of Corpus Christi
of said lands as a part of a municipal water supply system, including the
use thereof for the drilling of water wells and the production of water,
gas and other minerals therefrom. This lease shall also be subject to all
outstanding agreements heretofore executed by the Lower Nueces River
Water Supply DJ.strict and the City, and the uses and activities by the
Lessee shall be subject at all times to the uses by the Lower Nueces
River Water Supply District and the City, their agents and employees of
such premises for the municipal purposes for which said property was
acquired.
III
Lessee, subject to the foregoing reservations, shall have the
right to possess and use the said land for the purposes set forth in
Lessee's Charter and shall be for the term of thirty (30) years from
January 1, 1980.
IV
It is agreed that the premises herein above described shall
be used for no other purposes than for the recreational activities of
The Paisano Girl Scout Council, Inc.
the Lessee herein, and the activities sponsored by Lessee for the bene-
fit of the public. It is further agreed and stipulated that the Lessee
may erect on such premises such buildings as it may desire to erect for
the purpose of carrying out and aiding the recreational activities of
the Lessee
The Paisano Girl Scout Council, Inc.
provided, however, that no such building shall be erected except in
places approved by .the Water Superintendent of the City of Corpus Christi,
and no such building shall be erected that would interfere in any manner
with the ingress and egress to said property by the Lower Nueces River
Water Supply District and the City of Corpus Christi, their agents and
employees, in carrying out such municipal purposes as said land was
acquired for; and it further being understood that neither the Lower Nueces
River Water Supply District nor the City shall be liable in any respect for
-2-
any taxes incurred by said Lessee as the result of building and erecting
structures on said property.
V
Lessee agrees to assume full responsibility for the safety
of persons and property using the premises hereby leased and to in-
demnify and hold harmless the Lower Nueces River Water Supply District
and the City for all claims arising from the use of, or activities on,
said land or from condition of said lands.
VI
Lessee further agrees, and it is part of the consideration
hereof, to obey any and all rules and regulations enacted by the Lower
Nueces River Water Supply District and the City of Corpus Christi govern-
ing the activities of persons, boats, etc. on the Lake adjacent to the
land hereby leased, and for the protection of the waters of said Lake
from contamination as a water supply reservoir of the City of Corpus
Christi, Texas.
VII
The Lessor reserves all oil, gas, uranium, lignite and other
mineral interests, together with the right of ingress and egress for
the exploration, development production, transportation and processing
the products hereof, in, under, or concerning said lands or any part
thereof, which the Lower Nueces River Water Supply District or the City
or their assigns have or'may have. The Lessor also reserves the right
to use said land and premises as an evacuation area in case of a disaster
or enemy attack.
VIII
At the expiration of the term of this lease, whether at the
expiration of the full term or if sooner terminated, as herein provided,
the Lessee agrees to quit and surrender the said premises in as good state
and condition as the reasonable use and wear thereof will permit, and in
such case, the Lessee, if it is not in arrears for any rental, may remove
all the property owned by it on said leased premises.
-3-
WITNESS OUR HANDS this the ''J.14 day of .�dlti[� , 1980.
LOWER NUECES R WATER SUPPLY DISTRICT
ATTEST:
-fi ��/ . ✓%J7r�l L? A By:
Secretarg
APPROVED:
CITY OF CORPUS CHRISTI
City Manager
ATTEST:
City Secretary
OR
Press
PAISANO GIRL SCOUT COUNCIL, INC.
By:
LESSEE
ATTEST:
President
THE STATE OF TEXAS j(
COUNTY OF NUECES
BEFORE ME, the undersigned authority, a Notary Public in and
for Nueces County, on this day personally appeared Mildred Priour
President of the Paisano Girl Scout Council, Inc., 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 Paisano Girl
Scout Council, Inc., a corporation, and that she executed the same as
the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of
February ', A. D. 1980.
& E aA-N 1
RY PUBLIC, in and for Nueces
County, Texas
JOAN M. B1CKHAM
Notary Public, NuecessSo n Teams D
dy Commission Pxpires
Corpus Christi Texas 11
12 day of , 19 gd
•
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 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, request that you suspend
said Charter rule or requirement and pass this ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
•
Respectfully,
The Charter rule was suspend
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
;�11:/' ,
THE CTT OF CORPUS CHRISTI, TEXAS
by the following vote:
The above ordinance was pass
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the following vote:
15408