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HomeMy WebLinkAbout09834 ORD - 07/08/19707/8/70:E AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH TEJAS CONSTRUCTION CORPORATION FOR THE LEASE OF A SWIMMING POOL AND PREMISES LOCATED AT 4301 VIOLET ROAD IN THE ANNAVILLE AREA, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO 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 TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A LEASE AGREEMENT WITH TEJAS CONSTRUCTION CORPORATION FOR THE LEASE OF A SWIMMING POOL AND PREMISES LOCATED AT 4301 VIOLET ROAD IN THE ANNAVILLE AREA, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. SECTION Z. THE NECESSITY TO EXECUTE THE AFOREMENTIONED LEASE AGREEMENT AT THE EARLIEST POSSIBLE DATE, SO THAT THE CITIZENS OF THE AREA IN AND AROUND ANNAVILLE MAY HAVE ACCESS TO A PUBLIC SWIMMING POOL 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 SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE b DAY OF JULY, 1970. ATTES 7 �CITY CITY SEC ET Y Y ORPUS CHRISTI, TEXAS APPROVED; 8TH AY OF ULY 1970: CTING CITY T NEY 7 /8 /70:AG:E LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS LEASE, MADE THE DAY OF , 1970, BETWEEN TEJAS CONSTRUCTION CORPORATION, HEREINAFTER CALLED THE LESSOR AND THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED THE LESSEE: W I T N E S S E T H: THAT THE LESSOR DOES BY THESE PRESENTS LEASE AND DEMISE UNTO THE LESSEE ALL OF THE PROPERTY SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS DESCRIBED AS FOLLOWS, TO -WIT: A SWIMMING POOL LOCATED AT 4301 VIOLET ROAD IN ANNAVILLE, AND FURTHER DESCRIBED AND INCLUDING LOTS 1, 2 & 3, BLOCK 1, OF THE MARTINE SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, COMPRISING APPROXI- MATELY 1.64 ACRES OF LAND. THE LEASE SHALL BE FOR THE TERM OF ONE YEAR, BEGINNING ON JULY 1, 1970 AND ENDING JUNE 30, 1971, FOR A TOTAL RENT OR SUM OF $1.00. LESSEE AGREES THAT THE TRUE, FAIR MARKET RENTAL VALUE OF SAID PROPERTY AMOUNTS TO NOT LESS THAN 4318.06 FOR THE TERM HEREOF AND LESSEE HEREBY AGREES TO ACCEPT $317.06 OF SAID VALUE AS PAYMENT CREDIT AGAINST CITY TAXES DUE AND OWING ON SAID PROPERTY AS OF THIS DATE IN THE AMOUNT OF $317.06. SAID LEASE PAYMENT TO BE MADE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA, PAYABLE AS FOLLOWS, TO -WIT: ALL OF SAID RENT SHALL BE PAID AT THE OFFICE OF MR. GEORGE HORINE, THE AGENT OF THE LESSOR, TEJAS CONSTRUCTION CORPORATION, LOCATED AT TEJAS GAS BUILDING, P.O. BOX 2806, CORPUS CHRISTI, NUECES COUNTY, TEXAS, OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED BY THE LESSOR. IN ADDITION THERETO, IT IS HEREBY AGREED AS FOLLOWS: I. THAT THE LESSEE SHALL PAY THE LESSOR SAID RENT IN THE MANNER HEREINBEFORE SPECIFIED, AND SHALL NOT LET OR UNDERLET THE WHOLE OR ANY PART OF SAID PREMISES, NOR SELL OR ASSIGN THIS LEASE, EITHER VOLUNTARILY OR BY OPERATION OF LAW, NOR ALLOW SAID PROPERTY TO BE OCCUPIED BY ANYONE CONTRARY TO THE TERMS HEREOF, WITHOUT THE WRITTEN CONSENT OF THE LESSOR; 2. THAT SHOULD RENT BE NOT PAID WHEN DUE, OR SHOULD THE LESSEE DEFAULT IN ANY OF THE COVENANTS OR CONDITIONS CONTAINED HEREIN, THE LESSOR, OR HIS REPRESENTATIVE OR AGENT, MAY RE -ENTER SAID PREMISES AND REMOVE ALL PERSONS THEREFROM 3. THAT THE LESSEE SHALL OCCUPY SAID PREMISES AND SHALL KEEP THE SAME IN GOOD CONDITION, INCLUDING SUCH IMPROVEMENTS AS MAY BE MADE THEREON HEREAFTER, THE USUAL WEAR AND TEAR, AND DAMAGE BY THE ELEMENTS EXCEPTED, AND SHALL NOT MAKE ANY ALTERATIONS THEREON WITHOUT THE WRITTEN CONSENT OF THE LESSOR AND SHALL NOT COMMIT OR SUFFER TO BE COMMITTED ANY WASTE UPON SAID PREMISES; 4., THAT ALL THE LAWS OF THE STATE OF TEXAS AND ORDINANCES OF THE CITY OF CORPUS CHRISTI SHALL BE COMPLIED WITH BY THE LESSEE; 5. THAT DURING THE OCCUPANCY OF THE SAID PREMISES BY THE LESSEE THE LESSEE WILL CARRY PUBLIC LIABILITY INSURANCE AS APPLI- CABLE, AND FURTHER RELEASES THE LESSOR FROM ANY AND ALL DAMAGES WHICH MAY BE SUSTAINED BY THE LESSEE OR ANY OTHER PARTY DURING THE TIME WHICH LESSEE MAY BE IN POSSESSION OF THE SAID PREMISES; 6. THAT THE WAIVER BY THE LESSOR OF ANY COVENANT OR CONDITION HEREIN CONTAINED SHALL NOT VITIATE THE SAME OR ANY OTHER COVENANT OR CONDITION CONTAINED HEREIN, AND THAT THE TERMS AND CONDITIONS CONTAINED HEREIN SHALL APPLY TO AND BIND THE HEIRS, SUCCESSORS AND ASSIGNS OF THE RESPECTIVE PARTIES HERETO; 7. THAT SAID PREMISES SHALL NOT BE USED BY THE LESSEE DURING THE TERM OF THIS LEASE FOR OTHER THAN A SWIMMING POOL FOR THE USE AND ENJOYMENT OF THE GENERAL PUBLIC, EXCEPT WITH THE WRITTEN CONSENT OF THE LESSOR; AND 8. THAT AT THE EXPIRATION OF SAID TERM, OR SOONER TERMINATION THEREOF, THE LESSEE SHALL PEACEABLY QUIT AND SURRENDER POSSESSION OF SAID PREMISES IN AS GOOD CONDITION AS REASONABLE USES AND WEAR AND TEAR THEREOF WILL PERMIT; IN WITNESS HEREOF, THE LESSOR AND LESSEE HAVE EXECUTED THIS AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER AP_ �VED: ��'� DAY OF ULY 970; ;TING CITY ATTORN ATTEST: TEJAS CONSTRUCTION CORPORATION BY SECRETARY Corpus Christi, Texas day of 19 %D TO THE tIEMBERS 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 ox 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "DicV Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol wing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. °Wrangler" Roberts / Ronnie Sizemore / J