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HomeMy WebLinkAbout18628 ORD - 01/08/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI FOR THE LEASE OF WIGGIN5 PARK; 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 axecute a agreement with the Housing Authority of the City of Corpus Christi forthe lease of Wiggins Park, all as more fully set forth in the agreement, a substantial copy of which 1s attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient administration of City affairs by authorizing the aforementioned lease t the earliest practicable date, such finding of an emergencys i de and declared requiring suspension of the Charter rule as toconsiderationand voting upon ordinances orr esolutions at three regular meetings so that this ordinance is passed and shalltake effect upon first reading as an emergency measure this the 8th day of January, 1985. ATTEST 4SecretarY ty S APPROVED: DAY OF JANUARY, 1985 J. BRUCE �K, CITY ATTORNEY By ( Assisstanttart C rney MAYOR THE CIT OF CORPUS CHRISTI, TEXAS 18628 AGREEMENT THE STATE OF TEXAS 4 COUNTY OF NUECES THIS LEASE, made and entered into this day of 1985, 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 Ernest V Carter, 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 1985, at a Regular Meeting of said Board,-Teretnafter 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 Edward A. Martin, 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 as follows, to -wit BEING a tract of land 344 9 feet to width and 508.3 feet in length out of Blocks 2 and 3, Tierra Alta, an addition to the City of Carpm Corpus Christi, Texas, ore particularly described by metes and bounds as follows BEGINNING at ac crete monument, the northwest corner of Block 3, TierraAlta Addition, being also the northwest corner of a tract of land owned by the Corpus Christi Housing Authority; THENCE in a southerly direction %nth the west boundary line of said Block 3, a distance of 177.7 feet to a paint for the northwest c and beginning of this description, THENCE in 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 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 Black 3, for the southwest ca r of this description, THENCE in 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 January 9, 1985 and ending January 8, 1990. Lessee hereby covenants to pay unto Lessor the annual rent o nm of Inc Dollar (21 00), payablein advance for each and every year during theterm, 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 That the premises hereby leased are to be used by Lessee for and as public park and pleasure ground and for the purpose of amusement and recreation, the same to be en,loyed 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 aanable state of repair for use and enaoyment 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 tern 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 1V. It is agreed that all alterations, additions, fixtures and improvements, whether temporary or permanent in character, made o Installed in or upon said premises during the tern of this lease orany or 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. ATTEST. HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI Executive Director ATTEST. Acting Citfffy Secretary APPROVED DAY O J. BRUCE Y K, CITY cnalrman at me Boara LESSOR CITY OF CORPUS CHRISTI, TEXAS By Martin, Cnty Manager LESSEE pMPTIES Devecped Acres - 4 0 2 -(4 -seat) swags 2 -whirls 1 -metal climber 1 -buck -a -bout 1 -volley ball court 1 -practice back stop NM .1 1 I I 1 T - kik - -� 11...01113 St IN ME onew ... SIMIDE MN= =XF„„ FR sr= vg Wo' NSW EMI / "P" ffae ...601." BUFORD EMEMIISIIIIMINIMINIMEM221022 cs MEMORIAL HOSPITAL WHIR le, SCC 11 Corpus Christi,; y4, -.day ofjri..a•A , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the re set forth in the emergency clause of the foregoing ordinance or resolution,emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance orra olution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote iU— Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18628