Loading...
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 • 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 • • 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 • 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 • 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