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Home My WebLink About16222 ORD - 05/06/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A LEASE BETWEEN JOHN B. DAVIS, JR., LESSEE, AND LOWER NUECES RIVER WATER SUPPLY DISTRICT, LESSOR, PER- TAINING TO THE LEASE OF CERTAIN LANDS WITHIN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, BEING APPROXIMATELY 87 ACRES AND MORE FULLY DESCRIBED IN SAID LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART OF HEREOF FOR ALL PURPOSES AND 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 authorized to approve a lease between John B. Davis, Jr., Lessee, and Lower Nueces River Water Supply District, Lessor, pertaining to the lease of certain lands within the Lower Nueces River Water Supply District, being approximately 87iacres more fully described in the said lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to approve the hereinabove described lease agreement at the earliest practicable date creates a public emer- gency and requiring the suspension of the Charter rule that not,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 or Council members, having declared,that such emergency and necessity exist, 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 47 day of May 1981. ATTEST: tity Secretary APPIjAVED: (p DAY OF MAY, 1981 J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 16222 MICROFILMED 'SEP 2 71984 • STATE OF TEXAS X X COUNTY OF NUECES X KNOW ALL NEN BY THESE PRESENTS: THAT Lower Nueces River Water Supply District, herein- after called "Lessor", and John B. Davis, Jr., of Nueces County, Texas, hereinafter called "Lessee", enter into the following lease agreement: 1. Lessor, with concurrence of the City of Corpus Christi, does by these presents lease unto Lessee the following described premises: That Parcel or tract of land consisting of 87 acres lying above the 94.0 foot elevation as determined by the United States Coastal and Geodetic Survey Datum, being the easternmost Part of that parcel or tract of land consist- ing of 561 acres, situated in Live Oak County, Texas, being a part of the MARIA BRIDGET KELVIN LEAGUE, and being that land described in a Deed from George R. Dunning, et al, to Lower_N•ueces River Water Supply District, being filed for record in Volume 174, Pages 353-357, Deed Rec- ords of Live Oak County, Texas, to which refer- ence is made for full description. 2. Lessee agrees to pay an annual rental of One fhousand Three Hundred Five and NO/100 ($1,305.00) Dollars, the first pay- ment to be due upon the effective dote of this lease, and succeed - IA ing payments to be made annually on the same date thereafter. commencing September 25, 1980. / �Y 3. This lease is for a term of five (5) years,/‘ In the event Lessor desires to again lease the above described land at the expiration of this lease, it agrees to so inform Lessee and to negotiate with him in an effort to agree on the terms of a new lease. _ 4. Lessee is to use the land for grazing and agrees to clear the underbrush from the above described tract, and plant im- proved grasses thereon to the extent appropriate for the proposed uses. 5. Lessee agrees, and it is a condition of this lease, that he will not sublease or permit the use of the tract or anv part thereof for any other purpose. '',t 6. Lessee shall have no right to assign or sublease any portion of the tract. 7. Lessee agrees, and it is a condition of this lease, that no hunting shall be Permitted on the above described premi- ses. 8. Lessee may drill a water well on the property which shall be drilled and operated in accordance with normal sanitary requirements. 9. Lessee agrees that he shall indemnify Lessor and the City of. Corpus Christi, and hold each of them harmless against any and all claims of every kind arising out of or incident to the operation and use of the premises. ATTEST: WITNESS OUR HANDS this the/ %iday of e Secreta AGREED TO: City ecretary APPROVED: /4S/ J. BRUCE,A CI "[ATTORNEY By /'- Assistant C/itY/Pttorney STATE OF TEXL S v X X COUNTY OF NUECES X LOWER NUECES RIVER WATER SUPPLY DI . I CTS i V /•fit �-'�Y�r , Presi der \ 1 u CITY OF CORPUS CHRISTI, TEX.S 1981. City Manager BEFORE ME, the undersigned authority, on this day person- ally appeared JOHN B. DAVIS, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same for the purposes and con- sideration therein expressed. day of r GIVEN UNDER MY HAND AND SEAL OF OFFICE this the o , 1981. Notary Public ijan and tor Nuc'ces County, T E X A S JOAN M. B1CKHAM — Notary FuNic, Sta. of Texas r.^y Ccnmic_icn G;piues Corpus Christi, Texas _day of 41101y , 19 .' 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, Council Members MAYOR (/ The City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky by the following vote: 16222