Loading...
HomeMy WebLinkAbout08963 ORD - 08/07/1968IMS:FMB:7 -31-68 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH ALLRIGHT CORPUS CHRISTI, INC. WHEREBY THE CITY WILL LEASE FROM SAID ALLRIGHT CORPUS CHRISTI, INC. 34 PARKING SPACES NEAREST THE SPARKS BUILDING, WHICH BUILDING IS LOCATED AT THE CORNER OF LOWER BROADWAY AND LAWRENCE STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID PARKING SPACE LEASE TO BE FOR A TERM OF FIFTY - SIX (56) MONTHS, COMMENCING ON AUGUST 1, 1968, AND TERMINATING ON MARCH 31, 1973, FOR A CONSIDERATION OF $170.00 PER MONTH, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERE- TO 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 BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO. A CONTRACT WITH ALLRIGHT CORPUS CHRISTI, INC., WHEREBY THE CITY WILL LEASE FROM SAID ALLRIGHT CORPUS CHRISTI, INC. 34 PARKING SPACES NEAREST THE SPARKS BUILDING, WHICH BUILDING IS LOCATED AT THE CORNER OF LOWER BROADWAY AND LAWRENCE STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID PARKING SPACE LEASE TO BE FOR A TERM OF 56 MONTHS, COMMENCING ON AUGUST 1, 1968, AND TERMINATING ON MARCH 31, 1973, FOR A CONSIDERATION OF $170.00 PER MONTH, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID CONTRACT AT THE EARLIEST PRACTICABLE DATE IN ORDER THAT THE PARKING SPACES MAY BE UTILIZED BY THE CITIZENS AND EMPLOYEES OF THE CITY TAX AND COLLECTION OFFICES IN CONJUNCTION WITH THE USE OF THE SPARKS BUILDING, NOW LEASED BY THE CITY FOR ITS TAX AND COLLECTION OFFICES, 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE 8963 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 31ST DAY OF JULY, 1968. ATTEST: CIT SECRET•RY APPROVED: ,z,9 DAY OF JULY, 1968: AYOR No- em THE CITY OF CO HRISTI, TEXAS THE STATE OF TEXAS COUNTY OF NUECES ALLRIGHT CORPUS CHRISTI, INC. ACTING BY AND THROUGH ITS LOCAL MANAGER, DAN MOSIER, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, HEREINAFTER CALLED "ALLRIGHT" DOES HEREBY LEASE TO THE. CITY OF CORPUS CHRISTI INAFTER CALLED "CITY", ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, THIRTY -FOUR (31i) PARKING SPACES ON ITS PARKING LOT LOCATED ON THE CORNER OF LAWRENCE AND MESQUITE STREETS, ADJACENT TO THE BUILDING NOW OCCUPIED BY THE TAX AND COLLECTION OFFICES OF THE CITY OF CORPUS CHRISTI, AND BEING THAT PORTION OF THAT PARKING LOT LOCATED NEAREST THE SPARKS BUILDING, WHICH FRONTS ON LAWRENCE STREET.: 1, 1. THE PROPERTY HEREBY LEASED INCLUDES THOSE 34 SPACES NEAREST THE SPARKS BUILDINGS WI-1 ICH BUILDING IS LOCATED AT THE CORNER OF LOWER BROADWAY AND LAWRENCE STREET, AND WHICH 311 SPACES ARE SEPARATED FROM THE BALANCE OF THE ALLRIGHT PARKING LOT BY BARRICADES AND WHICH AREA OF 314 PARKING SPACES HAS AN ENTRANCE ON LOWER BROADWAY AND AN EXIT ON LAWRENCE STREET. 2. .THE RENTAL FOR SAID PARKING LOT AREA IS THE SUM OF NINE THOUSAND FIVE HUNDRED TWENTY AND NO/100 ($9,520.00) DOLLARS, PAYABLE AT THE RATE OF ONE HUNDRED SEVENTY ($170.00) DOLLARS PER MONTH PAYABLE ON OR BEFORE THE FIRST DAY OF EACH CALENDAR MONTH, IN ADVANCE, FOR SAID CALENDAR MONTH. 3.. THE TERM OF THIS LEASE IS FIFTY -SIX (56) MONTHS EXPIRING MARCH 31, 1973. LESSEE 15 GIVEN OPTION OF CANCELLING THIS LEASE UPON GIVING SIX (6) MOUTHS NOTICE OF SUCH INTENT TO LESSOR. I. LESSEE SHALL NOT ENTER INTO AN AGREEMENT ALLOWING THE USE OF THIS PROPERTY AS ENTRANCE TO OR EXIT FROM ANY ADJOINING PROPERTY WITH- OUT WRITTEN PERMISSION FROM ALLRIGHT. 5. ALL RIGHT SHALL KEEP SAID BARRICADED AREA SEPARATE FROM THE BALANCE OF THE PARKING AREA OPERATED AND MAINTAINED BY ALLRIGHT AT THIS TIME AND SHALL KEEP SAID BARRICADE IN PLACE AND IN REPAIR FOR THE TERM OF THIS LEASE. ALLRIGHT SHALL MAINTAIN AND KEEP IN REPAIR THE SURFACE AREA OF SAID 314 PARKING SPACES, MAINTAIN AND KEEP IN REPAIR THE ENTRANCE STRIPES ADEQUATELY SEPARATION AND EXIT THERETO AND KEEP THE PARKING SPACE MAINTAINED. AND REPAIRED WHEN NECESSARY. 6. THE CITY SHALL PAY THE RENTS HAVE THE RIGHT TO PERMIT. ITS PARKING AREA WITHOUT FURTHER CHARGE FROM ALLRIGHT.. CITY SHALL HAVE THE RIGHT TO PLACE SUCH SIGNS AS CITY MAY DESIRE ON THE PREMISES 50 AS 70 DIRECT THE GENERAL PUBLIC TO THE AVAILABILITY OF SAID PARKING SPACE AREA AND LIMIT THE TIME FOR USE OF SAID PARKING SPACE, AND FOR SUCH OTHER PUR- POSES AS THE CITY MAY DESIRE. ALLRIGHT WILL INSTRUCT ITS ATTENDANT THAT THE BALANCE OF THE PARKING AREA NOW LEASED BY THE CITY MAY BE USED BY SUCH PERSONS AS DESIRE TO ATTEND TO BUSINESS WITH THE CITY TAX AND COLLEC- TION OFFICES LOCATED IN THE SAID SPARKS BUILDING. 7. IT IS RECOGNIZED THAT ALLRIGHT OCCUPIES THE SAID PARKING LOT AS TENANT UNDER LEASE FROM THE PARTIES WHO SIGN BELOW AS "ALLRIGHTIS LESSOR AND THAT SUCH LEASE I5 SUBJECT TO CANCELLATION BY ALLRIGHTtS LESSOR AT ANY TIME ON AND AFTER APRIL 1, 1969, BY DELIVERY OF SIXTY (60) DAYS WRITTEN NOTICE TO ALLRIGHT. THE SAID PARTIES JOIN HEREIN TO ACKNOWLEDGE THEIR CONSENT TO THIS LEASE BY ALLRIGHT, SUBJECT, HOWEVER, TO THEIR RIGHT OF CANCELLATION ON AND AFTER APRIL 1, 1969, PURSUANT TO THE PROVISIONS OF SAID LEASE TO ALLRIGHT. WITNESS OUR HANDS IN TRIPLICATE, EACH OF WHICH SHALL BE CONSIDERED 1968. . AN OR131NAL„_THIS INC ' DAY OF AS HEREIN PROVIDED AND SHALL EMPLOYEES AND/OR OTHER PERSONS TO USE SAID ALLRIGHT CORPUS CHRISTI, INC. CITY OF CORPUS CHRISTI R. MARVIN TOWNSEND, CITY MANAGER C. B. WEIL, TRUSTEE, UNDER TESTAMENTARY TRUST UNDER WILL OF ALEX WEIL, DECEASED M. HARVEY WEIL, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF MOISE WEIL; DECEASED LEWIS E. WEIL, TRUSTEE, UNDER TESTAMENTARY TRUST UNDER WILL OF ALEX WEIL, DECEASED CORPUS CHRISTI, TEXAS 7t4.-. //// DAY OF l P 19 6 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; L, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT I5 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MA •R Pro -lem THE CITY OF THE CHARTER RULE WAS SUSPENDED BY JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK° BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE FOLLOWING VOTE: THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE�J V. A. "DICK ". BRADLEY, JR. ...tom. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS TDM:FMB:7 -29 -68 THE STATE OF TEXAS COUNTY OF NUECES I RELEASE OF LIEN '77070'9 ROIL 82 INNCE 894 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, BY VIRTUE OF AN ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, DULY ENACTED BY THE CITY COUNCIL ON THE 26TH DAY OF JUNE, 1963, AND A NOTICE OF SAID ORDINANCE FILED ON SAID 26TH DAY OF JUNE, 1963, IN VOL. 871, PAGE 280 DEED OF TRUST RECORDS AND VOL. 1006, PAGE 368, DEED RECORDS OF NUECES COUNTY, TEXAS, THE CITY GAVE NOTICE OF STREET IMPROVEMENTS ON PROPERTY ABUTTING BOBALO STREET, BETWEEN DOROTHY DRIVE AND FRANCIS STREET, ALL OF WHICH IS SET FORTH IN ORDINANCE No. 6939, OF THE FOREGOING DATE; AND WHEREAS, NO ASSESSMENT FOR STREET IMPROVEMENTS AS DETERMINED BY THE AFOREMENTIONED ORDINANCE, AND REFLECTED IN THE NOTICE THEREOF, WAS LEVIED AGAINST THE FOLLOWING DESCRIBED PROPERTIES BETWEEN DOROTHY DRIVE AND FRANCIS STREET, IN THE CITY OF CORPUS CHRITI, NUECES COUNTY, TEXAS; THE NORTH 30 FEET OF LOT 1 AND ALL OF LOTS 2 THROUGH 21, INCLUSIVE, BLOCK 7, KOOLSIDE ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: NOW, THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, FOR AND IN CONSIDERATION OF THE PREMISES, DOES HEREBY RELEASE THE ABOVE DESCRIBED PROPERTY FROM ANY AND ALL LIENS CREATED BY VIRTUE OF THE FILING OF THE NOTICE HEREINABOVE SET OUT AS SUCH NOTICE AFFECTS SUCH ABOVE DESCRIBED PROPERTY, AND DECLARES SUCH NOTICE HEREIN REFERRED TO AND ORDINANCE No. 6939 OF NO FORCE AND EFFECT ON THE ABOVE DESCRIBED PROPERTY ONLY; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN WILL AFFECT OR IS INTENDED TO AFFECT THE VALIDITY OF THE FOREGOING NOTICE AND ORDINANCE AS SUCH INSTRUMENTS AFFECT OTHER PROPERTIES ABUTTING OTHER STREET IMPROVEMENTS AS NAMED THEREIN. ATTEST: APPROVED: 7 DAY OF JULY, 1968: BY CITY OF CORPUS CHRISTI, TEXAS R. MARVIN TOWNSEND CITY MANAGER DEED RECORDS V0L1288 PACE 502 I, vJ t. q,O I. UG 1968 APPR•VVEED g By 44 N_ SeCretary THE STATE OF TEXAS I COUNTY OF NUECES ] ROLL 82 (MACE 895 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. ,/� GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE / DAY OF , 1968. f f� NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS EVA EVANS Notary Public in and iur Nueees County. Tema STATE OF TEXAS COUNTY OF NUECES I hereby certify That this instrument was FILED on the data and at the time stamped hereon by me; and was duly RECORDED. In the Volume and Page of the named RECORDS of Nueces County,Texas, as stamped hereon by me, on AUG 271968 COUNTY CLERK, NUECES COUNTY, TEXAS 4 D a� Id d o. CO >-_. 0 0 co w re °� wo F-- lL li cc a'y tz RECORDS U�EU voL1288 PAGE 503 4 ■