The URL can be used to link to this page

Home My WebLink About15071 ORD - 08/22/1979AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE THE LEASE BETWEEN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND MR. AND MRS. R. C. BLUMBERG FOR THE LEASING BY MR. AND MRS. BLUMBERG OF LOT 43, BLOCK 1, NEWELL SUBDIVISION, SAN PATRICIO COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTAN- TIAL 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 be authorized to approve the lease between the Lower Nueces River Water Supply District and Mr. and Mrs. R. C. Blumberg for the leasing by Mr. and Mrs. Blumberg of Lot 43, Block 1, Newell Subdivision, San Patricio lease, a substantial copy marked Exhibit "A". SECTION 2. The the hereinabove described County, Texas, all as more fully set forth in the of which is attached hereto and made a part hereof, necessity to authorize the City Manager to approve lease at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity 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 22-- day vday of August, 1979. ATTEST: it ea`ry' '-�C APPROVED: '?i(J DAY OF AUGUST, 1979: M� THE C Ili OF CORPUS CHRISTI, TEXAS J. BRUCE K, CITY ATTORNEY r 4`C.'O�\�_ By Assistant Cit rney 15071 THE STATE OF TEXAS § COUNTY OF SAN PATRICIO § LEASE WHEREAS, the Lower Nueces River Water Supply District (hereinafter referred to as the "District") acquired the hereinafter described lot from Mr. and Mfrs. R. C. Blumberg, by a certain Deed dated December 10, 1957, for a consideration of Three Hundred Sixty -Five Dollars ($365.00) and at the time of the acquisition it was be- lieved by the District that Mr. and Mrs. Blumberg would be inundated by the waters of the reservoir created by the construction of the Wesley Seale Dam; and, WHEREAS, the lot was not so inundated and Mr. and Mrs. Blumberg currently desire to lease the subject property from the District rather than assert any claims resulting from the above events, and the District believes it would be equitable under the circumstances to enter into the following lease agreement: MOW ALL MEN BY THESE PRESENTS: (1) The Lower Nueces River Water Supply District (also referred to herein as Lessor) hereby leases unto Mr. R. C. Blumberg and wife, Georgia Blumberg (hereinafter collectively referred to as the Lessee), that certain lot and parcel of land known as Lot 43, Block 1, of the NEWFTI SUBDIVISION, San Patricio County, Texas; this lease to automatically terminate upon the death of the last one of then to die, except that there is reserved unto the heirs of the Lessee an option to extend the term of this Lease Agreement for a period of five (5) years from the date of death of the last of the Lessees' to decease, upon terms acceptable to the opting heirs and the Lessor at the time of the death of the last of the Lessees' herein. The option shall be exercised in writing by the heirs of the Lessee within sixty (60) days of the date of the death of the last of the Lessees' herein but shall be subject to the negotiation of mutually acceptable terms as to rental amount at the time of the election of the option herein extended. (2) The Lessee shall pay the Lessor the sum of Fifty Dollars ($50.00) for the prior use of the subject property. The same shall be payable within ten (10) days of the date of the execution of this Agreement at the offices of the Lessor in CoLyus Christi, Texas. The Lessee shall pay rent for the use of the subject property at the rate of One Hundred Fifty Dollars ($150.00) per year during the entire term of this Lease, the first payment of which shall be made upon execution of this Lease and subsequent payments made on the same day of each year thereafter until the Agreement expires by its' terms. (3) It is understood by and between the parties to this Lease that the same shall terminate and cease to operate should the Lessee be in default in the payment of rentals called for herein for a period exceeding thirty (30) days after written demand is made by the Lessor to the Lessee to make the said payment. (4) The Lessee agrees to keep the premises in reasonable and satis- factory condition and to prevent the lot from becoming a nuisance to abutting prop- erty owners. and the City of Corpus Christi (5) The Lessee agrees to indemnify the Lessor against any liability resulting from any acts of the Lessee with reference to the premises, including, b not limited to, costs of Court, Judgments or attorney's fees resulting frau any and the City of Corpus Chris i. claims asserted or that might be asserted against the Lessorresulting from the Lessee's conduct in connection with their use of the premises. (6) This Lease shall not be assigned, nor shall the premises be sublet to anyone without the written consent of the Lessor. (7) The Lessee shall have the right to put a mobile hone on the premises, and remove it, and they can give the right to their mortgagee to remove it frau the premises in case of default by them in making payments. The Lessee shall have the right to use the premises for the customary use of a home, including, but not limited to, drilling a water well, installing a septic tank and fences and the like, but, the Lessee agrees to comply with all regulations, including sanitary regulations issued by any public authority with jurisdiction to establish such regu- lations. (8) A11 improvements that become a part of the premises shall belong to and remain the property of the Lessor, but removable improvements shall belong to the Lessee, and may be removed by the Lessee at any time during the term of this Lease or within sixty (60) days of the termination hereof. (9) This Lease shall not be effective until and unless it is approved by the City of Corpus Christi, Nueces County, Texas. (10) This Lease Agreement shall be binding upon and inure to the benefit of the heirs, assigns and successors of the parties hereto and shall be governed by the laws of the State of Texas. Venue shall lay in Nueces County for all pertinent purposes provided for herein. • A111.ST: LOWER NUECES WATER SUPPLY DISTRICT: Ai/j,t..ey Secretary LESSOR -2- • ATTEST: LESSEE: : Offer; . /* e'6' /r' R. C. Blumberg 77j4(4-741-014— Georgi (Blumberg CITY OF CORPUS CHRISTI: City Secretary APPROVED: BY: R. Marvin Townsend, City Manager J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finanoe -3- Corpus Christi, Texas ZZ- day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 9_ For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, • F CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15071