HomeMy WebLinkAbout09889 ORD - 08/12/197011 ,,W:8/13 /70
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
LEASE AGREEMENTS FOR MOBILE HONE PARK SUBDIVISIONS,
FOR USE BY HURRICANE CELIA VICTIMS, WITH BOB E. RICE
AND WIFE, ROSE M. RICE, DONALD H. ANDERSON, AND JACK
DAVIS AND WIFE KATHLEEN DAVIS, COPIES OF SAID AGREE-
MENTS BEING ANNEXED HERETO; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION I. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED
AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
LEASE AGREEMENTS WITH MOBILE HOME PARK SUBDIVISIONS FOR USE BY HURRICANE
CELIA VICTIMS WITH THE FOLLOWING PARTIES:
BOB E. RICE AND WIFE, ROSE M. RICE, OWNERS OF SHADY
GROVE MOBILE HOME PARK;
DONALD H. ANDERSON, OWNER OF SUNDOWNER MOBILE HOME
PARK; AND p
JACK DAVIS AND WIFE, KATHLEEN DAVIS, OWNERS OF 108
MOBILE HOME SPACES IN BROOKLYN ADDITION;
COPIES OF SAID AGREEMENTS BEING ANNEXED HERETO AND BY THIS REFERENCE
INCORPORATED HEREIN.
SECTION 2. THE NECESSITY TO PROVIDE EMERGENCY HOUSING FOR THOSE
CITIZENS WHOSE HOMES WERE RENDERED UNINHABITABLE BY HURRICANE CELIA CREATES
A PUBLIC EMERGENCY AND 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, 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
/ QN DAY OF AUGUST, 1970.
AT me4 \
a, C4 vt..4
CIT SECRETARY IT THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY go , 1970:
CTING'C TY ATTO
STATE OF
COUNEY OF
LEASE A1�I:C G
MOIR ALL 11EN BY THESE, PRESENTS' c�
THAT, effective from and after Au60T'9,. 1970,605 E. RIcE AND
WIFE, ROSE M. RICE - _, (herei.nafter called - Lessor), end CITY
OF CORPUS CHRISTI, A HOME RULE CITY AND MUNICIPAL CORPORATION UNDER THE LAWS OF
THE STATE OF TEXAS -- represented herein by its CITY MANAGER,
R. MARVIN ToWNSEND - -��, (hereinafter called Lessee), do hereby make and enti
into this surface lease as follou5 , to- ctit:•
(1) For and in consideration of the benefits to the citizens of, (P-ORPUS. CHR IST
MOBILE HOME PARK
TEXAS.' and the establishment of a - f°rrzg c. part -on the hereinafter described
property by the United States Governm mt, Clio adequacy and sufficiency of the
consideration for this lease is hereby acknowledged, Lessor hereby leases
exclusively unto Lesse the surface of the hereinafter described property situ-
�_Jj ated in the county. of NuECES ., to -wit':
THE SOUTH ONE - FOURTH (31/4) OF LOT ONE (1), AND THE SOUTH ONE - FOURTH (S 1/4) OF
LOT Two (2), SECTION FIFTY THREE (53), FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACT ACCORDING TO MAP OR PLAT RECORDED IN VOL. A, PAGES 41,42,43, MAP RECORDS
OF NUECES COUNTY, TEXAS, AND BEING THE SAME PROPERTY DESCRIBED IN DEED DATED -
SEPTEMBER 30, 1966 EXECUTED BY WALTER E. NEWMAN AND WIFE, BERNITA J. NEWMAN TO
BOB E. RICE AND WIFE, ROSE M. RICE, SAID DEED FILED FOR RECORD,IN THE OFFICE OF
THE COUNTY CLERK OF NUECES COUNTY, TEXAS; SAID TRAILOR SPACES BEING NUMBERS
30, 31, AND 34 AS DESIGNATED BY LESSOR. SERVICES FURNISHED BY LESSOR SHALL IN-
CLUDE SEWAGE, GARBAGE PICK UP, WATER, GAS AND ELECTRICAL HOOK UP FOR SAID TRAILOR
SPACES, LOCATED IN SHADY GROVE MOBIL HOME PARK.
(2) This is a paid up lease from date hereof to and including 8/9/70TO 8/4/71
representing one year from date of the Presidents Declaration of a natural. disaster;
PAYMENTS TO BE .IN.A TOTAL AMOUNT OF $1440 (FOURTEEN HUNDRED FORTY DOLLARS) TO BE.PAID
IN TWELVE MONTHLY PAYMENTS OF $120 (ONE-HUNDRED TWENTY DOLLARS).PEW MONTH. FROM THE
DATE HEREOF. - 11
SAI D-:TRAILOR SPACES -BEING NUMBERS 30,. 31 AND 34 AS DESIGNATED �BY LESSOR.
SERV'I -CES FURNISHED BY LESSOR, SHALL INCLUDE SEWAGE, GARBAGE;PICK, U P., NATERj
GAS AND ELECTR I,CAL HOOK UP. FOR SA FD,.TRA I LOR SPACES. -
--I - -
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(3) it is recognized that the Lessor does not transfer, relinquish, or
dispose of Lessors fee o,mcrshi.p of the leased lands, or of Lessor's minerals
or mineral rights with respect thereto rnd Lessor, its successors, lessees, and
assigns, shall always have the right to use said leased lands for all purposes
except those specifically granted to Lessee herein.
MOBILE HOME PARK
(it.) Lessee shall have the right to establish a for victims
of L HURRICANE „EL'I
&A for the improvement of said property, and the
owners of the trailers or improvements placed thereon by Lessee shall have the r
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;1
F��-- E -$s- ofrf rcrtoocl acl- agPeed- 4.krat- qn -��t« crl kk-l",ve- ehe- rsg�rt- eer
r-a- v Encb- thn- iattt'r, - - trench - for- dTi iTrrf,c;-- hny-wstc e- iines-and -gas
tri es- eves,- klWet V1r•enxl- - Ehe- preyertc g•- vn4-- Om- -krellrtr-rigk t----
=p,L-ic_taaks,_Si1l e ^fwd�r G rElow- seNerag-L -AiYJ•/ -e— - axy- e Eli ee-Eype -e-f-.
sew jayr�_Ceeab eTr4� ysGrei�r- rear- peas= atdet -ead- rtes �srkl- pr�mperty.
(yj Upon termination of this agreement, Lf ;ssee and the owners of the
trailers or improvements thereon shall. have the right within sixty (6 0) days
from and after date of termination to remove from the premises all improvements
such as, but not limited to, trailers, prefabricated houses, sew6. age treatwent
facilities, water pumps, cisterns and supply tanks and other equipment required
and necessary for operations of the housing community.
(6) Lessee shall hold Lessor free and harmless 'from, and indemnify Lessor
against any and all liability, including death claims, resulting from or caused
I) by the negligence of Lessee, its agents or mijployees in the use and /or occupation
of the leased premises, iucludiu,� the use and /or occupation of any sub -lease or
;I
assignee, and /or anyone on the lease property with the express or implied con -
i1 sent of any of said parties, and Lessee shall, at its sole g'apense, defend any
I; suits and claims that may be asserted against Lessor arising out of, or in any
t� way connected with, Lessee's use and /or occupation of said land in the manner,
'! aforesaid, but this obligation shall not include any controversy relative to
Ill e -
Lessor's title, it being specifically understood that shall have no
right without the prior written consent of Less V to file or defend any action
with respect to title or possession except actions to evict third persons from
the leased premises.
. -. V
(7) During the existence of this agreement the LESSOR Boe E. RICE AND, WIFE
RosE.M. Rlce 3• shall assume the responsibility for any taxes levied upon tbi
property described above, - -
IN WITNESS WAEREOF, the parties hereto have executed- in triplicate this
agreement in the presence of the undersigned competent witnesses on this 9rH
day of AuGUSr ig.70,
WITNESSES: USSOR.
1i�. LrhSf
S'TA'TE OF X IWIN ALL PEN DY TIiESL•• PBES0TS;
COUNTY OR
f' THAT, effective from and after August 9_, 1970, Donald H.
Anderson , (hereinafter called Lessor.), end City
of Corpus Christi, 'a home rule City and Municipal Corporation under the laws of
the State o Texas.__ _ _ • _ represented herein by its City Manager
j - R: Maryin_Tocansend,._ -� (hereinafter called Lessee•), do hereby make and ent
into this surface lease as follows, to-wit:'
(1) For and in consideration of the benefits to the citizens of•.(.;Corpus.
* mobile home
Christi'and the establishment of a trailer pail: on the hereinafter described
property by the United States Government-, the adequacy and sufficiency of the
consideration for this lease is hereby acknowledged, Lessor hereby leases
'i exclusively unto Lesse the surface of the hereinafter described property situ-
ated in the county. of NUECE9 p.to -wit:
( A tract of land containing 7.26 acres, and being a portion of the Southwest
Half (SW 112 of Lot Twenty-one 21 Section Forty-nine 49 of the Flour
tf ) tY- ( ), Y- ( )
i.
Bluff and Encinal Farm and Garden Tracts, according to the maps and plats
f�
IE thereof of record in the office of the County Clerk of Nueces'County, Texas.
fy Said 5 (five) trailer spaces being designated as Lots number 10, 13, 41, 18
F and 56, as set out by Special Use Permit as approved by City of Corpus Christi,
�- Planning Department as filed under the name Sundowner Mibile Home Park, Corpus
j Christi, Texas.
(2) This is a paid up lease from date hereof to and including 8 -9.70
to 8 -4 -71,
!
representing one year from date of the Presidents Declaration of a natural disaster,
Payments to be in a total amount of $2100 (Twenty -one Hundred Dollars`J'to.be.paid
in twelve equal monthly payments being..$175 (One. Hundred Seventy -five Dollars) -
! per month, from the .date hereof
- Lessor agrees`.tp.furnish garbage pick:up,_- .sewage, gas, water and electrical.'hook
up for said - trailer lots' designated herein.
(3) It is recognized that the Lessor does not transfer, relinquish, or
dispose of Lessor's fee ownership of the leased lands, or oL Lessor's miverals
or mineral rights with respect thereto and Lessor, its successors, lessees, and
assigns, shall always have the right to use said leased Lands for all purposes
except those specifically granted to Lessee herein.
mobile home
(4) Lessee --hall have the right to establish a enA-1-e-r park for victims
of HURRICANE CELIL- for the :LR',PrQVCDICn t Of Said Property, and the
ounicrs of the trailers or improwments placed thereon by Lessee shall have the right
within sixty (60) days after the termination of this lease to remove any
(5) F.t- #e- eecLersLo d t++td refd- EkaE -� Pas ulrl.-� l,it�-Eke-pEght�
rcm�rrfr�e-the -Zend;-if- - for- +,r5nrrC -c.,r rtes- and -gas
i!
I i - i�,.nrs•rover; -thrnngh- and- zrc- �.- rr.; s- LircZTropertp- anv- Che -7tn'rlttn- -rt�1rC---- ?nstai'1-
s�7rtze- rinks;- fx�terfie,- tnre��fisa -!re,�eraga-2Yrrs- amzr/tss- a]tY-6ChP_ ^'�gpa-a�
• o-c�? �z{' c +4�r-raEmetit- -and- eero�s�•s- lxr- pralr�cL�.
(5)
(U) Upon termination of this agreement, Lessee and the owners of the
trailers or improvements thereon shall have the right- within sixty (60) days
£rom nod after date of termination to remove from the premises all improvements
r such as , but not limited to trailers prefabricated houses, setilV..�a„e treatment
facilities, water pimps, cisterns and supply tanks and other equipment required
and necessary for operations of the housing community.
(6)
(J1) Lessee shall hold Lessor free and harmless from, and indemnify Lessor
against any and all liability, including death claims, resulting from or caused
i '
by the negligence of Lessee, its agents or eyiployees in the use and /or occupation
1 of the leased premises, including the use and /or occupation of any sub -lease or
assignee, and /or anyone on the lease property with the express or implied con -
l; sent of any of said parties, and Lessee shall, at its sole g'xpense, defend any
suits and claims that may be asserted against Lessor arising out of, or in any
q
way connected with, Lessee's use and/or occupation of said land in the Manner
aforesaid, but this obligation shall not include any controversy relative to
Lessor's title, it being specifically understood that(Less a shall have no
right without the prior written consent of' Lesser to file or defend any action
with respect to title or possession except actions to evict third persons from
the leased premises.
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(7)
(�) During the existence of this agreement the Lessor, Donaldli.
Anderson !- shall assume the responsibility for any taxes levied upon
property described above,
Ii1 WITNESS S•iilrRrOF, the parties hereto have executed in triplicate this
Agreement in the presence of the undersigned competent xritnesses on this 9th
day of Amr>_ust. 19D-.
{11Ti]ESSES: LESSOR �i-
LEASE
THE STATE OF TEXAS X
KNOW ALL HEN BY THESE PRESENTS:
COUNTY OF NUECES X
THAT effective from 'and after the 10th day of August, 1970, JACK
DAVIS and wife, KATHLEEN DAVIS, (hereinafter called LESSOR), and the CITY OF
CORPUS CHRISTI, TEXAS, a home rule city and municipal corporation under the
laws of the State of Texas, (hereinafter called LESSEE), do hereby make and enter
into this surface lease as follows, to -wit:
(1) For and in consideration of the benefits to the citizens of Corpus
Christi and the establishment of a mobile home park on the hereinafter described
property by the United States Goverment, the adequacy and sufficiency of the
consideration for this lease is hereby acknowledged, lessor hereby leases exclu-
sively unto Lessee the surface of the hereinafter described property situated
in the County of Nueces, to -wit:
Being Block B, Brooklyn Addition, Nueces County, Texas,
per final plat of Blocks A & B, being a replat of Blocks 14,
Its 169 172 302 31 & 32, being of record under County Clerk's
File No. 550986, Nueces County, Texas; expressly leasing
hereunder 108 mobile home spaces out of the above described
property, said 108 spaces hereby leased are set forth upon
the attached plat of said 108 mobile home spaces, it being
expressly agreed that said Block B is covered by this lease,
SAVE AND EXCEPT the Northerly 278 feet of said Block B, and
ALSO a 180 x 180 foot tract out of the Southeast corner of
Block B.
(2) The termof this lease is from August 10, 1970 to August 4, 1971.
The total lease payment will be in the sum of Forty -Five Thousand Three Hundred
Sixty Dollars ($45,360), to be paid in twelve (12) equal monthly installments
of Three Thousand Seven Hundred Eighty Dollars ($3,780) per month, commencing
on the date hereof, and on the same day of each and every month thereafter
during the term of said lease; provided, however, that City forces will repair
the water, electrical and sewage lines serving the aforesaid 108 mobile home
spaces to usable condition satisfactory to Lessee. The cost of such repairs
will be deducted pro rata from the monthly payments made by Lessee hereunder
until the total cost of such repair is recovered to the City thereby. Such
deduction will commence as soon as Lessee completes its repairs. Lessor agrees
to pay for all water and sewage charges to said mobile home units. Lessor further
agrees to furnish spaces for 108 mobile homes, trash and garbage pick -up not less
than once a week, and maintain, after repair, connections for water, sewage, and
electricity.
(3) It is recognized that the Lessor does not transfer, relinquish,
or dispose of Lessor's fee ownership of the lease lands, or of Lessor's minerals
or mineral rights with respect thereto and Lessor, its successors, lessees, and
assigns, shall always have the right to use said leased lands for all purposes
except those specifically granted to Lessee herein.
(4) Lessee shall have the right to establish a mobile home park for
victims of Hurricane CELIA, for the improvement of said property, and the owners
of the mobile homes or improvements placed thereon by Lessee shall have the right,
within sixty (60) days after the termination of this lease to remove any mobile
homes or improvements placed thereon by Lessee after which said sixty (60) day
period the remaining improvements shall become the property of Lessor, except
as herein stated.
It is expressly understood and agreed that upon the termination of
this lease, all of said electric lines shall become the property of Lessor, as
well as all repaired water, sewage and other utility lines by City.
(5) It is understood and agreed that Lessee shall have the right
to resurface the land, if required, trench for drainage, lay water lines and
gas lines over, through and across the property and the further right to install
septic tanks, filter beds, overflow sewage lines and /or any other type of sewage
-2-
treatment system, in, on, under and across said property.
(6) Upon termination of this agreement, Lessee and the owners of the
mobile homes or improvements thereon shall have the right within sixty (60)
days from and after date of termination to remove from the premises all improve-
ments such as, but not limited to mobile homes, prefabricated houses, sewage
treatment facilities, water pumps, cisterns and supply tanks and other equipment
required and necessary for operations of the housing community.
(7) Lessee shall hold Lessor free and harmless from, and indemnify
Lessor against any and all liability, including death claims, resulting from or
caused by the negligence of Lessee, its agents or employees in the use and /or
occupation of the leased premises, and /or anyone on the lease property with the
express or implied consent of any of said parties, and Lessee shall, at its sole
expense, defend any suits and claims that may be asserted against Lessor arising
out of, or in any way connected with, Lessee's use and /or occupation of said land
in the manner aforesaid, but this gbligation shall not include any controversy
relative to Lessor's title, it being specifically understood that Lessee shall
have no right without the prior written consent of Lessor to file or defend any
action with respect to title or possession except actions to evict third persons
from the leased premises. Lessor reserves the right to assign this lease to a
bank or other assignee.
(8) During the existence of this agreement Lessor shall assume the
responsibility for any taxes levied upon the property described above,
IN WITNESS WHEREOF, the parties hereto have executed in triplicate this
agreement in the presence of the undersigned competent withesses on this 10th day
of August, 1970.
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WITNESSES:
LESSOR
Jack Davis
Kathleen Davis
LESSEE
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
BY
City Secretary R. Marvin Townsend
APPROVED AS TO LEGAL FORM:
AUGUST 107R 19
cting City At ey
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally appeared
JACK DAVIS and KATHLEEN DAVIS,- known to me to be the persons whose names are
subscribed to the foregoing instrument and acknowledged to me that they signed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of August, 1970.
Notary Public in and for Nueces County,Texas
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally appeared
R. NARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he signed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of August, 1970.
Notary in and for Nueces County, Texas
Corpus Christi, Texas
,day of
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; 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,
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon 61
Gabe Lozano, Sr.
i
V. A. "Dick"Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel+ r1
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the £ol owing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr._�� —'
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts
Ronnie Sizemore
is