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HomeMy WebLinkAbout15615 ORD - 07/02/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE RENEWAL WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, FOR THE USE OF WIGGINS PARK, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". ' BE IT ORDAINED BY THE CPTY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a five- year lease renewal with the Housing Authority of the City of Corpus Christi for the use by the City of Wiggins Park for public park and recreation purposes, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". witu tUFILMER, PUG 2 91980 15€15 • • AGREEMENT THE STATE OF TEXAS Q COUNTY OF NUECES ¢ THIS LEASE, made and entered into this 28th day of May , 1980, 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. Orby 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 28th day of May , 1980, 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 R. Marvin Townsend, 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 des- cribed as follows, to -wit: BEING a tract of land 344.9 feet in width and 508.3 feet in length out of Blocks 2 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 3, 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 508.3 feet to a point in the west boundary line of said Block 3, for the southwest corner of this description, THENCE in a northerly 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, identified as Wiggins Park. That the term of this lease shall be for the period beginning May 28, 1980, and ending May 27, 1985. II Lessee hereby covenants 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 covenants 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 reason- able rules and regulations in regard to said property and obligating it- self 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 is agreed that all alterations, additions, fixtures and im- provements, 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 By Executive Director Chairman of the Board LESSOR ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend City Manager APPROVED: // ✓DAY OF tJu,e_ I9? SO J. BRUCE AYCOCK, CITY ATTORNEY By 1 Ass,. "ant City Attorney LESSEE • That the foregoing ordinance was read for e first time and passed to its second reading on this the /1 day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky , 19 0 , by the That the foregoing ordinance was read for the second time and passed to its third reading on this the ai.� day of WrU_. , 19 s,'9 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the fore Today ordinance was read for the third time and passed finally on this the, n, day of /a.� , 19 , by the following vote: Q n Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the j/Hl_day of ATTEST: it Secreta APPROVED: DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney MAY/THE CITY OF CORPUS CHRISTI, TEXAS , 19 gr) . 15611, PUBLISHER'S AFFIDAVIT 4 STATE OF TEXAS, tia County of Nueces. Before me, the undersigned, a Notary Public, this day personally came..... Lorraine Cortez who being first duly sworn, according to law, says that he is the a r Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi. Telae, in said County and State, and that the publication of PUBLIC NOTICE Notice is Ste. -.-,by given tlmt the CAty_ Cgyp�jl._. The Corpus Christi Caller -Times m of which the annexed is a true copy, was publisl d in on the....30— day of 19_.88., 'd once each..._. c}ffiy thereafter for, _._,_ .._.Times 411. 23.10 Lorraine Co3Gf 7: _ $_+--. ding I July 19--80 Subscribed and sworn to before me this._._..__._.._.day of_ —j Lois Winn Notary Public, Nueces malty, Texas g PUBLIC NOTICE i Notice Is hereby glean that the City Council of the _IIy of Corpus Christ!, on the 250 day of June, 1910, app.oved on second reading,, an ordl• nonce authorizing -the City Manager to execute a five- year lease renewal with the .' Housing Authority of the City of Corpus Christi, for the use III oI Wiggins Park, all es more fully set forth In the lease agreement, a substantial copy of which Is attached hereto and made a part hare. of, marked exhibit "A" and declaring an emer ncy. The full text the ordl• nonce Is 'rehab at INC City I Secrete ry s Oft a. GIVEN ODER THIS HAND AND/SEAL of the City of Corp4 Christi, Texas this 260 dA of June, 1910. 4.11111 G. Road City Secretary CI of Corpus Christi, Tema r• STATE OF TEXAS, Cgunty of Nueces. }ss: PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came. —_ ElmaRodelawho being first duly sworn, according to law, says thatshe is the Accounting.Clerk•_ of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapr rs published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE Notice is hereby given that the City Council of the City Corpus Christi of which the annexed is a true copy, was published in The Corpus Christi Caller -Times on the_-6thday of June consecutive y____•..._.Times. 23;10 _ Elma Rodela �— ccounting Cleric Subscribed and sworn to before me this__.i. th.—.._.day of_..7une- Lois Winn Not Public, Nueces County, Texas 19.$4..., and once each. e 0 • FUBLIC NOTICE Notice is hereby given that /he City Council of the City of orpus Christi, on the Ilin day of June, 1980, approved on first reading, an ordi- nance authorizing' the City Manager to execute a 9198 - year lease renewal with the Housing Au'.Ohorlty of the City of Corpus Chrlstl, for the use of Wiggins Park, all as more fully set forth In the lease agreement, a substantial copy of which Is attached hereto and made a part here- of, marked exhibit "A"; and declaring an emergency. The full text of the ordi- nance Is available at the Clay Secretary's Office. GIVEN UNDER THIS HAND AND SEAL of the Citof Corus Christ, TOXPS this 12th day of June, 19B0. -s-BilI -G. Read, City Secretary City of Corpus Chrlstl, Texas. • T