HomeMy WebLinkAbout15721 ORD - 08/27/1980• nh:8-25-80;lst •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE TEXAS AIR CONTROL BOARD FOR THE PLACEMENT OF
AN ATMOSPHERIC MONITORING STATION IN WEST GUTH PARK
FOR A TERM OF ONE YEAR, ALL AS MORE FULLY SET FORTH
IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A"; 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 and he is hereby authorized
to execute an agreement with the Texas Air Control Board for the placement
of an Atmospheric Monitoring Station in West Guth Park for a term of one
year, all as more fully set forth in the lease agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A''.
SECTION 2. The necessity to authorize the execution of an agreement
with the Texas Air Control Board at the earliest possible 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 and 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, having requested the sus-
pension 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 a r its passage, IT IS ACCORDINGLY SO ORDAINED, this the 27 day of
1980.
ATTEST:
,Gll.
Ci Secretary
APP OVED:
Z_ 0 DAY OR -al
J. BRUCEYCOCK, CITY ATTORNEY
1980:
BY
Assistant Ci torney
MAYO
THE ITY OF CORPUS CHRISTI, TEXAS
15721
Ml&Qf1LMED
SE? •hri 1984
LEASE AGREEMENT
THE STATE OF TEXAS k -
COUNTY OF NUECES f
This agreement made and entered into this the day of
1980, by and between the City of Corpus Christi, a municipal corporation,
hereinafter called "City", and the Texas Air Control Board, hereinafter called
"Board":
WITNESSETH:
City, for valuable consideration, does by these presents lease and
demise unto the said Board, lessee herein, a plot of land 18' by 35' located
at West Guth Park, and better illustrated on the attached Exhibit "A", for a
term of one year, said lease to commence on the eleventh day of August, 1980,
and terminating one year hence, subject to the following terms, conditions
and covenants:
1. Board hereby, and by these presents, agrees to accept said
premises as completed, to maintain said premises during the term of this
lease i nta clean and sanitary condition, and at the expiration thereof to
return said premises to City in as good condition as received, reasonable
use, wear, tear,/acts of God, fire and flood excepted.
2. No additions or alterations shall be made to the premises
without the consent of the Park and Recreation Department in'writing; and, if
for any reason this lease is cancelled or expires, the Board shall have the
right to move all facilities installed by the Board except pipelines installed
on, in or under the land. City may use any of the land as a utility line
easement without compensation to Lessee for use of such easement or damage
for installation, maintenance, removal or repair of lines'in such easement.
3. The Board shall use the premises for the establishment and
maintenance of an atmospheric monitoring station and for no other purpose.
4. The Lessee agrees to pay for all utilities used by it on the
premises leased by it, or used by any activity sponsored by it.
5. Lessee agrees to conform to all rules set out by the City Manager
and the Director of the Park and Recreation Department of the City for the
operation of the leased premises.
•
.6. Board shall promptly execute and fulfill all ordinances of the
'•City applicable to said premises and all orders and requirements imposed by
the Board of Health, Sanitation, Fire and Police Departments, for the correc-
tion, prevention and abatement of nuisances and/or hazards in, upon or con-
nected with said premises during the term of this lease at its own expense.
7. Lessee will screen and landscape the station site in a manner
approved by the Director of the Park and Recreation Department so that the
atmospheric monitoring station will blend aesthetically with the remainder
of the park.
8. City shall not be responsible for damages to property or
injury to persons which may arise incident to the exercise of the rights
and privileges herein granted.
9. This contract contains all the provisions agreed upon by the
parties hereto, and displaces all previous oral or verbal agreements.
WITNESS our hands in duplicate, each of which shall be considered
an original, this the day of , 1980.
CITY OF CORPUS CHRISTI
ATTEST:
By
City Secretary
APPROVED:
DAY OF SEPTEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
R. Marvin Townsend, City Manager
Assistant City Attorney
ATTEST: TEXAS AIR CONTROL BOARD
Secretary
By
Executive Director
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Corpus Christi, Texas
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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,
MAYOR
THE ITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the following
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the
vote:
following vote:
351