HomeMy WebLinkAbout12378 ORD - 11/27/1974JRR:VMR :11- 26- 74;1ST
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TQ EXECUTE
AN AGREEMENT WITH HOUSING AUTHORITY OF THE CITY OF
CORPUS CHRISTI, AS LESSOR,.FOR LAND TO BE USED FOR
PARK AND PLEASURE GROUNDS, SAID LEASE BEING FOR THE
TERM OF FIVE (5) YEARS, BEGINNING ON THE 27TH DAY
OF NOVEMBER, 1974, AND ENDING ON THE 26TH DAY OF
NOVEMBER, 1979, FOR AND IN CONSIDERATION OF THE
TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT AND
LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A", AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN EXTENSION AGREE-
MENT WITH HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, AS LESSOR, EXTEND-
ING THE AGREEMENT AND LEASE LEASING FROM THE SAID HOUSING AUTHORITY OF THE
CITY OF CORPUS CHRISTI A TRACT OF LAND 344.9 FEET IN WIDTH AND 50$.3 FEET IN
LENGTH OUT OF BLOCKS 2 AND 3, TIERRA ALTA ADDITION TO THE CITY OF CORPUS
CHRISTI, SAID LAND TO BE USED AS A PUBLIC PARK AND PLEASURE GROUNDS AND FOR
PURPOSES OF AMUSEMENT AND RECREATION, FOR THE TERM OF FIVE (5) YEARS BEGINNING
NOVEMBER 272 1974, AND ENDING NOVEMBER 26, 1979, ALL IN ACCORDANCE WITH THE
TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT AND LEASE, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
SECTION 2. THE NECESSITY FOR PROVIDING ADEQUATE PARKS AND PLAY-
GROUNDS FOR THE CITIZENS OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMER-
GENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE
CHARTER RULE THAT NO ORDINANCE OR RESODUTION 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 HAVJ.NG 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
12378
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ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE -2,luDAY OF
NOVEMBER, 1974.
ATTEST:
. V
CI Tr'I ECR ETA Y
APP OYED
/ DAY OF NOVEMBER, 1974.
End. ASST..CITY ATTORNEY
i
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
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THE STATE OF TEXAS j
COUNTY OF NUECES
THIS LEASE, MADE AND ENTERED INTO THIS DAY OF
1914, BY AND BETWEEN HOUSING AUTHORITY OF THE
CITY OF CORPUS CHRISTI, A PUBLIC HOUSING AUTHORITY ORGANIZED,AND
EXISTING UNDER THE LAWS OF THE STATE OF TEXAS, ACTING HEREIN BY AND
THROUGH THE CHAIRMAN OF THE BOARD, MR. ORGY G. ROOTS, HEREUNTO DULY
AUTHORIZED BY RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF CORPUS CHRISTI DULY ADOPTED ON THE DAY
OF , 1974, AT A REGULAR MEETING OF SAID BOARD,
HEREINAFTER CALLED "LESSOR',-AND THE CITY OF CORPUS CHRISTI, A
MUNICIPAL CORPORATION, BODY POLITIC AND HOME RULE CITY OPERATING UNDER
THE HOME RULE STATUTES OF THE STATE OF TEXAS, ACTING HEREIN BY AND
THROUGH MARVIN TOWNSEND, ITS CITY MANAGER, HEREINAFTER CALLED "LESSEE!',
AND FOR SUCH.
WITNESSETH.
THAT LESSOR HAS AGREED TO LET AND HEREBY DOES LET TO LESSEE,
AND LESSEE HAS AGREED TO TAKE AND DOES HEREBY TAKE FROM LESSOR, ALL OF
THE FOLLOWING DESCRIBED TRACT AND PARCEL OF LAND, LYING AND BEING SITUATED
IN THE CITY OF CORPUS CHRISTI, COUNTY OF NUECES AND STATE OF TEXAS, AND
DESCRIBED FOLLOWS, TO -WIT:
BEING A TRACT OF LAND 314.9 FEET IN WIDTH AND 5o8.3
FEET IN LENGTH OUT OF BLOCKS Z AND 3, TIERRA ALTA, AN
ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A CONCRETE MONUMENT, THE NORTHWEST CORNER
OF BLOCK 31 TIERRA ALTA ADDITION, BEING ALSO THE NORTHWEST
CORNER OF A TRACT OF LAND OWNED BY THE CORPUS CHRISTI
HOUSING AUTHORITY; THENCE IN A SOUTHERLY DIRECTION WITH
THE WEST BOUNDARY LINE OF SAID BLOCK 3, A DISTANCE OF
177.7 FEET TO A POINT FOR THE NORTHWEST CORNER AND BEGINNING
OF THIS DESCRIPTION; THENCE IN AN EASTERLY DIRECTION ALONG
THE NORTH EDGE OF A THREE FOOT CONCRETE WALK A DISTANCE OF
508.3 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS
DESCRIPTION; THENCE IN A SOUTHERLY DIRECTION WITH THE EAST
EDGE OF A THREE (3) FOOT WALK, AND ITS EXTENSION, A DISTANCE
OF 344.9 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS
DESCRIPTION; THENCE IN A WESTERLY DIRECTION ALONG THE
SOUTH EDGE OF A THREE (3) FOOT WALK, A DISTANCE OF 5o8.3
FEET TO A POINT IN THE WEST BOUNDARY LINE OF SAID BLOCK 3,
FOR THE SOUTHWEST CORNER OF THIS DESCRIPTION, THENCE
IN A RORTHERLY DIRECTION WITH THE WEST BOUNDARY LINE OF
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SAID BLOCK 3, A DISTANCE OF 344.9 FEET TO THE POINT OF
BEGINNING.
CONTAINING 4.02 ACRES OF LAND.
THAT THE TERM OF THIS LEASE SHALL BE FOR THE PERIOD BEGINNING
NOVEMBER 27, 1974, AND ENDING NOVEMBER 26, 1979.
LESSEE HEREBY CONVENANTS AND AGREES TO PAY UNTO LESSOR THE
ANNUAL RENT OR SUM OF ONE DOLLAR ($1.00), PAYABLE IN ADVANCE FOR EACH
AND EVERY YEAR DURING THE TERM, OR ANY EXTENDED TERM, OF THIS LEASE,
AND LESSEE FURTHER CONVENANTS THAT IT WILL NOT ASSIGN THIS LEASE NOR LET
OR UNDERLET THE WHOLE OR ANY-PART OF SAID PREMISES WITHOUT THE WRITTEN
CONSENT OF THE LESSOR FIRST HAD AND OBTAINED.
III
THAT THE PREMISES HEREBY LEASED ARE TO BE USED BY LESSEE
FOR AND AS A PUBLIC PARK AND PLEASURE GROUND AND FOR THE PURPOSE OF
AMUSEMENT AND RECREATION, THE SAME TO BE ENJOYED FOR SUCH PURPOSES BY
THE PUBLIC GENERALLY, THE SAID LESSEE HAVING THE RIGHT TO ADOPT REASONABLE
RULES AND REGULATIONS IN REGARD TO SAID PROPERTY AND OBLIGATING ITSELF BY
THE ACCEPTANCE OF THIS LEASE TO PRESERVE AND USE THE PROPERTY HEREIN
LEASED FOR THE PURPOSES AND OBJECTS AS SET FORTH IN THIS LEASE FOR AND
DURING THE TERM HEREOF OR ANY EXTENDED TERM HEREOF, AND LESSEE OBLIGATES
ITSELF TO KEEP THE PROPERTY IN A REASONABLE STATE OF REPAIR FOR USE AND
ENJOYMENT BY THE PUBLIC GENERALLY AS A PLACE FOR AMUSEMENT, PLEASURE AND
RECREATION. IN THE EVENT OF THE BREACH BY LESSEE OF ITS OBLIGATION TO
MAINTAIN AND USE SAID PREMISES FOR THE PURPOSES ABOVE SET FORTH FOR A
CONTINUOUS PERIOD OF SIX (6) MONTHS DURING THE TERM OF THIS LEASE OR ANY
EXTENDED TERM THEREOF, THEN THIS LEASE SHALL, AT THE OPTION OF LESSOR,
BE TERMINATED, AND LESSOR SHALL HAVE THE RIGHT, WITHOUT NOTICE, TO ENTER
UPON SAID PREMISES AND REPOSSESS THE SAME.
IV
IT 15 AGREED THAT ALL ALTERATIONS ADDITIONS, FIXTURES AND
IMPROVEMENTS WHETHER TEMPORARY OR PERMANENT IN CHARACTER, MADE OR
INSTALLED IN OR UPON SAID PREMISES DURING THE TERM OF THIS LEASE OR ANY
EXTENDED TERM THEREOF, EITHER BY LESSEE OR LESSOR, SHALL BE THE LESSOR'S
PROPERTY UPON THE TERMINATION OF THIS LEASE.
V
IT IS UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO THAT THIS
LEASE IS EXPRESSLY SUBJECT TO ALL OF THE RIGHTS CONFERRED UPON THE OWNERS
AND HOLDERS OF ALL BONDED INDEBTEDNESS OF THE SAID LESSOR IN AND TO SAID
PROPERTY.
WITNESS THE HANDS OF THE PARTIES HERETO THE DAY AND YEAR FIRST
ABOVE WRITTEN.
HOUSING AUTHORITY.OF THE CITY OF
ATTEST: CORPUS CHRISTI
EXECUTIVE DIRECTOR
ATTEST:
CITY SECRETARY
APPROVED:
DAY OF ,19714
CITY ATTORNEY
BY
CHAIRMAN OF THE BOARD
LESSOR
CITY OF CORPUS CHRISTI, TEXAS
BY
R. MARVIN TOWNSEND
CITY MANAGER
LESSEE
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Corpus Christi, Texas
day of , 19_zLe
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,
— r2__' - ? - 0�1
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark