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HomeMy WebLinkAbout09927 ORD - 09/16/1970AN 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,IS 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. 11752 V.A.C.S., TEXAS, JOINTLY AND SEVERALLY, THE CITY MANAGER IS 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. WOODLAWN ESTATES I1, UNIT I THE AUTHORITY FOR ESTABLISHMENT OF SUCH MOBILE HOME PARK ACCOMMODATIONS AT THE ABOVE DESCRIBED LOCATIONS SHALL TERMINATE AS OF AUGUST 4, 19712 UNLESS SOONER TERMINATED BY ORDINANCE. 9927 • 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 /� WJDAY OF SEPTEMBER, 1970. ATTEST: , CITY 5ECRE jvF% 1"I THE CITY OF CORPUS CHRISTI, TEXAS AP �ED: DAY OF SEPTEMBER, 1970: J A ING CITY ATTOR vMP:9/15/70 LAND LEASE BETWEEN H. J. ANNEN, OWNER (WOODLAWN ESTATES II, UNIT 1) AND THE CITY OF CORPUS CHRISTI, TEXAS THIS LEASE, MADE AND ENTERED INTO THIS THE 14TH DAY OF SEPTEMBER, 1970, BY AND BETWEEN H. J. ANNEN, OWNER OF CERTAIN LOTS IN WOODLAWN ESTATES 11, UNIT 1, WHOSE ADDRESS IS 1002 MCCLENDON, CORPUS CHRISTI, TEXAS, AND WHOSE INTEREST IN THE PROPERTY HEREINAFTER DESCRIBED IS THAT OF OWNER, HERE- INAFTER CALLED THE "LESSOR", AND THE CITY OF CORPUS CHRISTI, TEXAS, A HOME RULE CITY AND MUNICIPAL CORPORATION UNDER THE LAWS OF TEXAS, HEREINAFTER t CALLED THE "LESSEE ". WITNESSETH: THE PARTIES HERETO FOR THE CONSIDERATIONS HEREIN- AFTER MENTIONED COVENANT AND AGREE AS FOLLOWS: THE LESSOR HEREBY LEASES TO THE LESSEE THE FOLLOWING DESCRIBED PREMISES: PROPERTY DESCRIBED ON EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO, BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF, 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 14 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 ONE HUNDRED AND FIFTY DOLLARS ($150.00), WHICH SHALL COVER THE RENTAL ON THE PROPERTY TO 4 OCTOBER, 1970 AND THEREAFTER $225.00 PER MONTH EACH MONTH UNTIL Y AUGUST, 1971. k. 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 1002 MCCLENDON, CORPUS CHRISTI, TEXAS, AND IF GIVEN BY THE LESSOR SHALL BE ADDRESSED TO YHE 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. IT IS EXPRESSLY COVENANTED THAT THE LESSOR SHALL NOT PERMIT ANY OIL, GAS OR MINERAL EXTRACTION FROM THE DEMISED PREMISES EXCEPT BY OFF - PREMISES DIRECTIONAL DRILLING. IN WITNESS WHEREOF, THE PARTIES HEREBY HAVE HEREUNTO SUBSCRIBED THEIR NAMES AS OF THE DATE FIRST ABOVE WRITTEN. ATTEST: H. J. ANNEN, OWNER CITY SECRETARY CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF SEPTEMBER, 1970: By R. MARVIN TOWNSEND, CITY MANAGER JAMES R. RIGGS, ACTING .CITY ATTORNEY -2- THE STATE OF TEXAS j COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED H. J. ANNEN, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME 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 SEPTEMBER, 1970. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS t THE STATE OF TEXAS COUNTY OF NUECES 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 DAY OF SEPTEMBER, 1970. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Corpus Christi, Tex A ?��day of � "�� , 19 7z 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, i OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases C Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fo wing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel Q� W. J. "Wrangler" Roberts Ronnie Sizemore C ol PUBLISHER-S AFFIDAVIT STATE OF TEXAS, ss: County of Nueees. I Before me, the undersigned, a Notary Public, this day personally came who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of QZ_MD A of which the annexed is a true copy, was published in --the-21mes ............ . ... . ..... on the--IR day of—.—Saptamber 19-2.Q andwommmak Leland G. Barnes, C1. Adv. Mgr. Subscribed and sworn to before me this-9 7 -Zapt-emb-e-r ---------- - --------- Notary Palle, Nueces County, Texas