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HomeMy WebLinkAbout09920 ORD - 09/09/1970• JRR:JKH:9_ -70 AN ORDINANCE REDECLARING, UNDER ART. 5890E, V.A.C.S., TEXAS, AND ARTICLE 1175, V.A.C.S., TEXAS, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK . ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL THAT A STATE OF CIVIL EMERGENCY CONTINUES IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA; AND WHEREAS, THERE 15 A SEVERE SHORTAGE OF HOUSING FOR RESIDENTS OF THE CITY WHO HAVE BECOME HOMELESS DUE TO THE STORM DAMAGE, AS WELL AS FOR PERSONS ENTERING THE CITY TO- ASSIST IN REPAIRS TO PROPERTY; AND WHEREAS, THE CITY IS OBLIGATED, UNDER ITS CONTRACT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO PROVIDE MOBILE HOME PARK SITES FOR THE HOUSING OF PERSONS MADE HOMELESS BY THE HURRICANE, AND AVAILABLE DEVELOPED MOBILE HOME PARK SITES ARE WHOLLY INADEQUATE TO SUPPLY SUCH HOUSING: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UNDER AUTHORITY OF ART. 5890E, V.A.C.S., TEXAS, AND ART. 1175, V.A.C.S., TEXAS, JOINTLY AND SEVERALLY, THE CITY MANAGER 1S HEREBY AUTHORIZED TO ESTABLISH, AND ENTER INTO NECESSARY CONTRACTS TO EFFECT SUCH ESTABLISHMENT, MOBILE HOME PARK ACCOMMODATIONS FOR DIS- ASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME. THE FOLLOWING DESCRIBED PROPERTIES ARE HEREBY APPROVED AND THE CITY MANAGER IS AUTHORIZED TO ESTABLISH AND ENTER INTO NECESSARY CONTRACTS TO EFFECT SUCH ESTABLISHMENT OF MOBILE HOME PARK ACCOMMODATIONS: 1. SAN SIMEON MOBILE HOME PARK 2. LEXINGTON PARK UNIT 2 3. (Cr e .Qe ed' ■a.Ze &lees . THE AUTHORITY FOR ESTABLISHMENT OF SUCH MOBILE HOME PARK ACCOMMODATIONS AT THE ABOVE DESCRIBED LOCATIONS SHALL TERMINATE AS OF AUGUST 4, 1971, UNLESS SOONER TERMINATED BY ORDINANCE. 9920 i'Y- • 7e' • SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, PHRASE OR PROVISIONS OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 3. NOTICE OF THE PASSAGE OF THIS ORDINANCE SHALL BE GIVEN AS PROVIDED BY ART. 5890E, V.A.C.S., TEXAS, AND BY ONE PUBLICATION OF A STATEMENT OF ITS SUBSTANCE IN THE OFFICIAL NEWSPAPER. SECTION 4. THE NECESSITY FOR ESTABLISHING AND ENTERING INTO NECESSARY CONTRACTS TO EFFECT SUCH ESTABLISHMENT OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES AS HEREINABOVE SET FORTH 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICA- TION, IT IS ACCORDINGLY SO ORDAINED, THIS THE 961LJ DAY OF SEPTEMBER, 1970. ATTEST: CITY SECRETARY APPROVED: 9 % -DAY OF SEPTEMBER, 1970: e )6ING CITY ATNEY LAND LEASE BETWEEN PELS QUALITY HONES INCORPORATED, OWNER OF LEXINGTON PARK UNIT 2, 6704 RANGER DRIVE AND THE CITY OF CORPUS CHRISTI, TEXAS THIS LEASE, MADE AND ENTERED INTO THIS 3RD DAY OF SEPTEMBER, 1970, BY AND BETWEEN PELS QUALITY HOMES INCORPORATED, WHOSE ADDRESS 1S 6704 RANGER DRIVE, CORPUS CHRISTI, TEXAS, AND WHOSE INTEREST IN THE PRO- PERTY HEREINAFTER DESCRIBED IS THAT OF OWNERS AND ASSIGNS, HEREINAFTER CALLED THE "LESSOR ", AND THE CITY OF CORPUS CHRISTI, TEXAS, A HOME RULE CITY AND MUNICIPAL CORPORATION UNDER THE LAWS OF TEXAS, HEREINAFTER CALLED THE "LESSEE ". WITNESSETH: THE PARTIES HERETO FOR THE CONSIDERATIONS HEREIN- AFTER MENTIONED COVENANT AND AGREE AS FOLLOWS: PREMISES: THE LESSOR HEREBY LEASES TO THE LESSEE THE FOLLOWING DESCRIBED PROPERTY DESCRIBED ON EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO, INCORPORATED HEREIN AND MADE A PART HEREOF BY THIS REFERENCE, TO BE USED FOR THE PURPOSES OF PLACING MOBILE HOME UNITS THEREON AND SUB- LEASING TO THE OCCUPANTS THEREOF. 2. TO HAVE AND TO HOLD THE SAID PREMISES FOR THE TERM BEGINNING 4TH SEPTEMBER, 1970 THROUGH 4 AUGUST, 1971, PROVIDED THAT UNLESS AND UNTIL THE LESSEE SHALL GIVE NOTICE OF TERMINATION IN ACCORDANCE WITH PROVISION 5. HEREOF, THIS LEASE SHALL REMAIN IN FORCE AND EFFECT THEREAFTER FROM MONTH TO MONTH WITHOUT FURTHER NOTICE. 3. THE LESSEE HAS THIS DATE PAID TO LESSOR THE SUM OF SEVEN HUNDRED AND NINETY Two DOLLARS ($792.00), WHICH SHALL COVER THE RENTAL ON THE PRO- PERTY TO 4 OCTOBER, 1970. ON 4 OCTOBER, 1970 AND ON THE 11TH DAY OF EACH MONTH THEREAFTER WHILE THIS LEASE IS IN FORCE, LESSEE SHALL PAY TO LESSOR THE SUM OF SEVEN HUNDRED AND NINETY Two DOLLARS ($792.00) PER MONTH TO COVER THE RENTAL FOR THE SUCCEEDING MONTHS DURING THE TERM OF THIS LEASE. 4. THE LESSEE SHALL HAVE THE RIGHT, DURING THE EXISTENCE OF THIS LEASE, TO PLACE AND INSTALL MOBILE HOME UNITS ON THE PREMISES, TO ATTACH FIXTURES AND ANY OTHER NECESSARY STRUCTURES OR UTILITY SYSTEMS PURSUANT TO THE PURPOSES FOR WHICH THE PREMISES ARE LEASED, AND ANY SUCH MOBILE HOME UNITS, FIXTURES, STRUCTURES, OR ITEMS PLACED UPON OR ATTACHED TO THE SAID PREMISES SHALL BE AND REMAIN THE PROPERTY OF THE LESSEE AND MAY BE REMOVED OR OTHERWISE DISPOSED OF BY THE LESSEE. 5. THE LESSEE MAY TERMINATE THIS LEASE AT ANY TIME BY GIVING FIFTEEN (15) DAYS NOTICE IN WRITING TO THE LESSOR, AND NO RENTAL SHALL ACCRUE AFTER THE EFFECTIVE DATE OF TERMINATION._ 6. ANY NOTICE SHALL BE IN'WRITING SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF THE PARTY GIVING SUCH NOTICE AND, IF GIVEN BY THE LESSEE, SHALL BE ADDRESSED TO THE LESSOR AT 6704 RANGER DRIVE, CORPUS CHRISTI, TEXAS, AND IF GIVEN B•Y THE LESSOR SHALL BE ADDRESSED TO.THE LESSEE AT BOX 9277, CORPUS CHRISTI, TEXAS. 7. AT THE OPTION OF LESSOR, LESSEE SHALL BE REQUIRED TO RESTORE THE PREMISES TO THE CONDITION EXISTING AT THE TIME OF ENTRY, AND THE LESSOR HEREBY RELEASES THE LESSEE FROM ANY AND ALL CLAIMS FOR DAMAGES ARISING OUT OF USE AND OCCUPANCY OF THE PREMISES. 8. LESSOR SHALL NOT PERMIT ANY EXTRACTION OF OIL, GAS OR OTHER MINERALS FROM THE DEMISED PREMISES OTHER THAN BY DIRECTIONAL DRILLING. IN WITNESS %MEREOF, THE PARTIES HERETO HAVE HEREUNTO SUBSCRIBED -2- THEIR NAMES AS OF THE DATE FIRST ABOVE WRITTEN. ATTEST: PELS QUALITY HOMES INCORPORATED ATTEST: BY JULE H. PELS, PRESIDENT CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER, LESSEE APPROVED AS TO LEGAL FORM: 3RD OF OF SEPTEMBER, 1970 as JAMES /// ACTING CITY ATTORNEY THE STATE OF TEXAS I COUNTY OF NUECES I BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF PELS QUALITY HOMES INCORPORATED, NUECES COUNTY, TEXAS, AND AS THE THEREOF, AND FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 3RD DAY or SEPTEMBER, 1970. THE STATE OF TEXAS COUNTY OF NUECES I • NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS • BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND AS THE CITY MANAGER THEREOF, AND FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED: GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 3RD DAY OF SEPTEMBER, 1970. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS 4/4,/ 91-g • 1, 7� 3, 5/ g; 6, 7 S7,9, /0, / 2- / 3 / 5/ /S, /6, /7, / ?, / 9 c A z ®. Paw / 2-� Pevilid W444:74 - Rdevxd - - r r- L /AIDA/- /NG. -Let... ••- -s wwumaTa Fir, 76sSQ9 ame ?' TOMMY Amur — I .✓.uviv; 1 1 �r.P4 QAYMaT a I, 0PJvi e I ' r-1 - - I - - I — - -- - 1 1 sie.CIWO I� 1 34 1 .�.� I 9a�i'or.a ro•w vn ' .25 I 2' 1 £Z 1 26 1 29 /I. 3d Cj \ 33 % 1 I I 3• i . �t/. O2/4- 3/ ill 3j • /l4 /LE 7C? /7 E D 1 � N9-r \.11:I,/ r I I I I 24 1 E9 22 / 2.0 % /9 I /t I r/ I /G /5 I / i I — A -4 --I- - -IA. - l — ---I --1 -4 — , I t :l; 7 , ! 1 I Corpus Christi, Texas q 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 Charter rule was suspended by the Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick "Bradley, Jr. Eduardo E. de Ases Ken McDaniel OR 6� 9 THE CITY OF CORPUS CHRISTI, TEXAS llowing vote: W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore STATE OF TEXAS, SS: ' County of Nueces. !Pit } PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came. Rnd Barinea_ — who being first duly sworn, according to law, says that he is the AanageTi- of the Corpus Christi Caller and The Corpus Christi Vanes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of __Legal Noti --Ertric_a_oF PASSAGE OF ORDINANCE NO _9920 of which the annexed is a true copy, was published in _the. Times_ on the_....12day of.....Sagtemh.ar 197S1_, axaksonexowek. theraeflocxecoracx to' „e f LL an–d G. Barnes, C Adv. Mgr. Subscribed and sworn to before me this- ._14. day of Reph-embeal Louise Vick tary Public, Nueces County, Texas THE STATE OF CIVIL GENCY CONTINUING IN THE CITY OP CORPUS CHRISTI AS A RESULT OF HURRICANE CE-1 OIA AND AUTHORIZING THE ESTABLISHMENT BY T H E CITY OF MOBILE HOME PARK' ACCOMMODATIONS FOR DISAS TER HOUSING PURPOSES WITHIN THE CITY AS HERE- TOFORE AUTHORIZED BY THE CITY COUNCIL TO CONTINUE THE SAME; PROVIDING SEV- ERABILITY; PROVIDING NO- TICE AND PUBLICATION; AND DECLARING AN EMERGENCY. WAS PASSED AND APPROVED BY THE City C0mrc1I of the 9195 of Corpus 90355, during the Regular CauMll Mending held September 9, 0970, at 2(00 p.m., and provides that It shoal take effect from and after its passage and p bllaatlon, and Ihat a 09 enut =cedintgan Toil bemred maw) Dollars. ISSUED UNDER MY HAND AND SEAL of the Clty of Corpus Chrlstl, Texas, tins 1010 day of September, 1970. T. RAY KRING, Clfy Secretary City of Corpus C1101011, Texas (SEAL) (12