HomeMy WebLinkAbout021257 ORD - 10/08/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE YEAR RESIDENTIAL AND
GRAZING LEASE AGREEMENT WITH MR. S. GENE WILSON FOR A 20
ACRE TRACT OF LAND WITH IMPROVEMENTS LOCATED ON
YORKTOWN ROAD, ACQUIRED FOR THE SOUTHSIDE SEWER
TREATMENT PLANT PROJECT, AND APPROVING THE RENTAL FEE
OF $500 PER MONTH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a one year
residential and grazing lease agreement with Mr. S. Gene Wilson for a 20 acre tract of land with
improvements located off Yorktown Road, acquired for the Southside Sewer Treatment Plant
Project, and approving the rental fee of $500 per month, all as more fully set forth in the
Agreement, a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A."
3/400)
021257
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PROPERTY AND LEND A WISITION DIVISION
RESIDENTIAL and GRAZING LEASE AGREEMENT
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THE STATE OF TEXAS
COUNTY OF NUECES
[]
KNOW ALL BY THESE PRESENTS:
[]
THIS AGREEMENT, made and entered into this 27th. day of August, 1991 by
and between the CITY OF CORPUS CHRISTI, TEXAS, a home rule city and
municipal corporation under the laws of the State of Texas, hereinafter
referred to as "LANDLORD", a n d
S. Gene Wilson, hereinafter
referred to as "TENANT". Where required by the context, the Landlord
also refers to the Landlord's authorized agent or representative,
including the Property and Land Acquisition Agent of the City of Corpus
Christi, Texas.
1. LEASED PREMISES, TERM AND RENT.
The Landlord hereby leases to the Tenant a residential mobile home
along with grazing pasture land, and improvements situated at 8112
Starry Road in the City of Corpus Christi, Texas, and being more
particularly described as follows:
Lot Fourteen (14), Section Thirty-four
(34), Flour Bluff and Encinal Farm and
Garden Tracts, in Nueces County, Texas,
as shown by the map or plat thereof
recorded in Volume A, Pages 41-43, Map
Records, to which reference is here made
for all pertinent purposes ("Premises").
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Dana 1 nr 1 a
and is designated on the map attached hereto, marked Exhibit "A"
and made a part hereof;
The term of the lease is One (1) year commencing upon the execution
of this lease by the City Manager. The Tenant is to pay $500.00
per month; first month's rent due at the beginning of this lease,
and then the $500.00 rent payable on the fifteenth day of each
succeeding month.
2. PAYMENT OF RENT.
The Tenant shall pay each month's rent as it becomes due. Check or
money order for the full amounts payable to the City of Corpus
Christi will be delivered or mailed to:
City of Corpus Christi
Finance Department - Collections Section
Vivian Benavides
P. O. Box 9277
Corpus Christi, Texas 78469-9277
so as to reach the Landlord on or before the due date. IF RENT HAS
NOT REACHED THE LANDLORD AT THE ABOVE ADDRESS BEFORE 5:00 P..M. ON
THE 5TH DAY PAST DUE DATE, THE LANDLORD MAY TARE IMMEDIATE
POSSESSION OF.THE PREMISES AS DESCRIBED IN PARAGRAPH 15 BELOW.
3. UTILITIES.
The Tenant shall pay all utilities and service bills and fees
connected therewith, including but not limited to water,
electricity, gas, or other power, garbage disposal and pickup, and
telephone. In the case of malfunction of equipment or utilities,
or damage by fire, water, or Act of God, the Tenant shall notify
the Landlord immediately and the Landlord shall make repairs with
reasonable promptness; and rent shall not abate during such
periods, except in accordance with Paragraph 24 of this Lease
Agreement.
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4. REPAIRS.
The Tenant shall keep the Premises in such repair as the same may
be at the commencement of the term or as the same may be improved
by the Landlord during the continuance thereof, reasonable wear and
tear excepted. The Tenant accepts the Premises as is. Without
limitation, the Tenant is liable for damage to the Premises caused
by leaving doors or windows open to the elements and for negligent
overflow of water from faucets or pipes, or any other damages
caused by the Tenant, other occupants, or guests. If proper
repairs are not timely made by the Tenant, the Landlord may
terminate the lease or make the necessary repairs at the Tenant's
expense. Such reimbursement shall be due when the Landlord makes
demand.
5. ALTERATIONS.
The Tenant shall not make alterations, additions, or improvements
(e.g. drilling holes into walls, woodwork, or floors, antenna
installations, wall phones, or change of locks) to the leased
Premises or the building thereon, without the prior written consent
of the Landlord, and unless otherwise agreed upon in writing, all
alterations, improvements and additions made by the Tenant upon the
Premises, although at the Tenant's own cost and expense, shall, at
the option of the Landlord, remain upon the Premises at the
expiration of this lease and become the property of the Landlord
without other action or process of law.
IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE USED
FOR RESIDENTIAL, GRAZING AND FOR PASTURE LAND ONLY. THE SAID
PREMISES ARE NOT TO BE USED FOR ANY OTHER PURPOSE THAN THOSE HEREIN
SPECIFIED WITHOUT THE CITY'S PRIOR WRITTEN CONSENT.
6. SUBLETTING.
Subletting, assignment or securing a replacement WILL NOT be
allowed for subject lease.
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7. SECURITY DEPOSIT.
The Tenant has deposited with the Landlord the sum of $250.00 as
security for deficiencies in rent payment and for damages,
cumulative of all other remedies of tbe Landlord therefor. The
Landlord may withdraw from this deposit from time to time for
payment of past due rent and for costs, as determined by the
Landlord, for repairs not effected by the Tenant as well as for
cleaning upon vacation of Premises by the Tenant, reasonable wear
and tear excepted. Any unexpended and unencumbered balance will be
refundable to the Tenant within 30 days after the Tenant surrenders
the Premises to the Landlord. If, as a result of withdrawals by
the Landlord for the above described purposes, the security deposit
balance falls below 50% of the amount originally deposited by the
Tenant with the Landlord under the Security Deposit Agreement, the
Tenant shall, within five days after written demand is sent by the
Landlord, execute an additional Security Deposit Agreement for and
deposit with the Landlord an amount sufficient to bring the
unexpended security deposit balance back up to the amount
originally deposited by the Tenant under the original Security
Deposit Agreement. Failure to so replenish the unexpended Security
Deposit balance shall constitute a default. IN THE EVENT THE
TENANT VACATES THE PREMISES WITHOUT GIVING THE LANDLORD SIXTY (60)
DAYS WRITTEN NOTICE AS SET FORTH IN PARAGRAPH 14 HEREIN, THE ENTIRE
SECURITY DEPOSIT, OR ALL REMAINING PORTION THEREOF, SHALL BECOME
THE PROPERTY OF THE LANDLORD AS LIQUIDATED DAMAGES FOR COSTS THE
LANDLORD WILL INCUR BECAUSE OF SUCH VACATION.
8. PETS.
No pets shall be maintained on the Premises without the Landlord's
prior written consent.
9. USE AND OCCUPANTS OF PREMISES.
The Tenant shall use the Premises exclusively as a private
residence and grazing land. The only occupants of the dwelling
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other than overnight guests shall be the following:
S. Gene Wilson,
Frida Wilson,
Terri Wilson
Jerry Wilson,
Larry Wilson,
10. LANDLORD'S RIGHT OF ENTRY.
The Landlord may enter the Premises at any reasonable time to
inspect, repair or show the Premises.
11. TENANT MAINTAINS GROUNDS.
The Tenant agrees to maintain the yard and grounds neatly and in
compliance with City ordinances. Failure to fulfill the obligation
will give the Landlord the option to terminate the lease or to have
the yard and grounds maintained at the Tenant's expense.
Reimbursement shall be due when the Landlord makes demand.
12. NUISANCES, ETC.
Neither the Tenant nor any occupant shall disturb neighbors, keep
dangerous, flammable or explosive materials upon the Premises, do
any act or permit any nuisance to exist, breach any laws or
ordinances or do or permit an act or condition likely to damage the
reputation of the Landlord. IN CASE OF ANY VIOLATION OF THIS
PARAGRAPH, THE LANDLORD MAY TERMINATE THIS LEASE AGREEMENT UPON
TWENTY-FOUR (24) HOURS NOTICE AND THE TENANT HEREBY WAIVES ALL
OTHER RIGHTS AND NOTICES HEREUNDER FOR THE BALANCE OF THE TERM OF
THE LEASE, AND IF THIS LEASE IS SO TERMINATED, THE TENANT SHALL
IMMEDIATELY THEREAFTER SURRENDER POSSESSION OF THE PREMISES.
13. LIMITATIONS ON THE LANDLORD'S LIABILITY.
The Landlord shall not be liable for any injuries, damages, or
losses to any person or to any property at any time on said
Premises or building thereon from any cause whatever which may
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arise from the use or the conditions of said Premises or building,
or from theft, vandalism, ice, wind, water, hail, lightning, rain,
snow, smoke, explosions, sonic booms, failure, interruption, or
malfunction of utilities, appliances, or gas which may leak into,
issue or flow from any part of said building, or from the pipes or
the plumbing of the same or from any other place reported, from any
other cause whatsoever, during said term or any renewal thereof.
The Landlord strongly recommends that the Tenant secure the
Tenant's own insurance to protect the Tenant's self against all of
the above occurrences.
14. NOTICE OF TERMINATION.
The Landlord shall have the right to terminate this Lease Agreement
without cause at any time by giving the Tenant (60) days written
notice and returning to the Tenant any prepaid but unused rent.
The Tenant shall have the right to terminate this Lease Agreement
by giving written notice to the Landlord at least sixty (60) days
before the end of the monthly rental period.
15. DEFAULTS BY THE TENANT.
A. Default, Notice, Abandonment.
If the Tenant fails to promptly pay the rental or any
other sums when due, or if the Tenant fails to reimburse
the Landlord for damages, repairs, or plumbing service
costs when due, or breaches any of the Tenant's other
agreements hereunder, is declared incompetent, becomes
bankrupt, makes a voluntary assignment for the benefit of
creditors, or has a receiver appointed for the Tenant or
if any other occupants or guests upon the leased Premises
materially and/or repeatedly violate this Lease Agreement
or any applicable Federal, State or local laws, or if the
Tenant abandons the Premises, then in any such event of
default, the Landlord shall have the option and right to
terminate this tenancy by giving the Tenant at least
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three days notice in writing. (However, no prior written
notice shall be required for filing eviction or damage
suits for nonpayment of rent.) Notice may be by mail or
personal delivery to the leased Premises. The Tenant
agrees to vacate the leased Premises forthwith and
relinquish all claim to possession, paying the required
rent and leaving the Premises in good order, as
hereinabove provided. THE TENANT'S ABSENCE FROM THE
LEASED PREMISES FOR FIVE (5) CONSECUTIVE DAYS WHILE ALL
OR ANY PORTION OF THE RENT IS DELINQUENT, SHALL BE DEEMED
AN ABANDONMENT OF THE PREMISES.
B. Landlord's Additional Remedies.
In addition to any remedy to which the Landlord may be
entitled hereunder or by law, and without prejudice
thereto, the Landlord, upon any such event of default,
shall have the right to do any of the following, without
the necessity of notice of demand, which is hereby waived
by the Tenant, and without the necessity of any action,
enforceable entry and/or detainer, writ, bond, distress
warrant, or other judicial process, all of which are also
waived by the Tenant.
If the Tenant fails to vacate and relinquish all claim to
possession of the leased Premises on or before the
expiration or termination date, the Tenant's security
deposit will be forfeited and the Landlord shall be
entitled to the reasonable rental value of the Premises
for the holdover period, plus any damages, plus
attorneys' fees.
C. Contractual Lien, Abandoned Property.
NONEXEMPT PROPERTY ON THE PREMISES BELONGING TO THE
TENANT IS HEREBY SUBJECTED TO A CONTRACTUAL LANDLORD'S
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LIEN IN ADDITION TO ANY STATUTORY LIEN RIGHTS IN ORDER TO
SECURE ANY AMOUNTS WHICH THE TENANT OWES UNDER THIS LEASE
AGREEMENT, INCLUDING THE REASONABLE RENTAL VALUE IF THE
TENANT WILLFULLY HOLDS OVER WITHOUT THE LANDLORD'S
CONSENT. IN ORDER TO CLEAR PREMISES ABANDONED AS
DESCRIBED IN THIS LEASE AGREEMENT, THE LANDLORD MAY ENTER
THE PREMISES AND REMOVE AND STORE ALL PROPERTY OF EVERY
KIND FOUND THEREON. THE LANDLORD MAY ALSO IMPOSE
REASONABLE CHARGES FOR PACKING, REMOVING AND/OR STORING
SUCH ABANDONED OR SEIZED PROPERTY. LANDLORD MAY SELL
SAME AT PUBLIC SALE (SUBJECT TO ANY VALID SECURITY
INTEREST) AFTER THIRTY (30) DAYS WRITTEN NOTICE OF TIME
AND PLACE OF SALE IS MAILED TO THE TENANT AT THE TENANT'S
LAST KNOWN ADDRESS. THE TENANT HEREBY AGREES THAT ANY
SUCH RE-ENTRY OR TARING OF POSSESSION OF THE TENANT'S
PROPERTY AFTER A DEFAULT BY THE TENANT SHALL NOT
CONSTITUTE ANY TRESPASS, ACT OF CONVERSION, OR OTHER TORT
ON THE LANDLORD'S PART OR IN ANYWISE RENDER THE LANDLORD
LIABLE TO THE TENANT.
D. Pasturer's Lien.
LANDLORD HAS A LIEN ON ALL ANIMALS LOCATED ON THE PASTURE
FOR THE AMOUNT OF RENT RELATED TO GRAZING.
E. Court Costs, Attorneys' Fees.
If the Landlord prevails in any suit for eviction,
possession, collection of rentals, or for unpaid charges
or damages, the Tenant shall be liable for court costs
and reasonable attorneys' fees.
F. Interest.
All amounts due under the Lease Agreement shall bear ten
per cent (10%) interest per annum from due date.
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16. NO POLITICAL DISPLAYS.
The Tenant agrees not to display any political or other signs on
the Premises or vehicles owned by the Tenant or other persons which
may be parked upon the Premises.
17. OPEN SIDEWALK.
I£ applicable, the Tenant agrees to keep sidewalk on front yard
open and unobstructed at all times. Violation of this provision is
deemed sufficient reason for termination of this Lease Agreement.
18. NOVEOUT PROCEDURES.
Sixty (60) days written notice to the Landlord is required. The
Tenant should arrange with the Landlord for prompt inspection,
using the MOVEIN (OUT) INVENTORY AND CONDITION FORM. The Tenant's
security deposit will be returned in accordance with the conditions
in the attached SECURITY DEPOSIT AGREEMENT.
19. NOTICES.
Any notices required under this lease may be given, in writing, to
the Landlord by delivering or mailing the notice to the
City of Corpus Christi
P. O. Box 9277
City Hall - 1201 Leopard Street
Department of Engineering Service
PROPERTY AND LAND ACQUISITION DIVISION
3rd. Floor
Corpus Christi, Texas 78469-9277
and to the Tenant, by leaving it in the mailbox or posting it upon
the front door of said dwelling house, or by mailing it to the
mailing address of said Premises which is
P. O. Box 9562
Corpus Christi, Texas 78469
or by mailing it to the Tenant's place of business or employment.
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20. EFFECT OF LEASE AGREEMENT.
This Lease Agreement and all of its covenants and provisions shall
be binding upon both the Landlord and the Tenant and their
respective heirs, successors, representatives and assigns.
21. GENERAL.
No oral agreements
Agreement shall not
Tenant's statements
the Landlord in
have been entered into; and this Lease
be modified unless in writing. All of the
in the rental application were relied upon by
executing this Lease Agreement, and any
misinformation therein shall be considered cause for termination by
the Landlord of the Tenant's right of occupancy. In the event of
more than
for each
one Tenant, each Tenant is jointly and severally liable,
provision of this Lease Agreement.
undersigned states that the undersigned ages are over
Each of the
eighteen (18)
years. All obligations are to be performed in Nueces County,
Texas. If commencement of occupancy of the Premises is delayed
because of construction or the prior Tenant's holding over, the
Landlord shall not be liable to the Tenant in any respect for such
delay, and the lease shall remain in force subject to the following
conditions:
(1) rentals shall be abated on a daily basis
during delay,
a n d
(2) the Tenant may terminate by giving notice in
writing to the Landlord no later than the
third day of delay, whereupon the Tenant shall
be entitled only to refund of deposit(s).
Such conditions shall not apply to cleaning and repair delays.
22. PEACEFUL POSSESSION AND ENJOYMENT BY TEE TENANT.
The Landlord agrees that the Tenant shall peaceably hold and enjoy
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the Premises during the said term without any interruption by the
Landlord or any person rightfully claiming under the Landlord,
except as expressly provided by this Lease Agreement.
23. DEFAULT BY THE LANDLORD.
The Landlord agrees to properly maintain hot water, heating,
plumbing fixtures, and/or air conditioning equipment, if any, and
make all reasonable repairs, subject to the Tenant's obligation to
pay for damages caused by the Tenant, other occupants, or guests.
24. FIRE OR OTHER CASUALTY.
In case the buildings on the Premises or any part thereof shall be
damaged by fire or any other unavoidable casualty so that the same
shall be thereby rendered partially or fully unfit for use and
occupancy, then the rent or a just and proportional part thereof,
shall be abated until the Premises shall have been duly repaired
and restored by the Landlord, said proration of rent to be
determined by the Landlord on a total square footage of the
remaining habitable space in case of partial unfitness or use, or
in case the Premises shall be substantially destroyed, then at the
election of the Landlord, this Lease Agreement may be terminated.
25. BAIVER AND ATTORNEYS' FEES.
Acceptance of full or partial payment by the Landlord after
termination or forfeiture or notice thereof, will not constitute
waiver of the termination or forfeiture unless the Landlord agrees
to such waiver in writing, nor will such payment affect any legal
proceedings taken or to be taken by the Landlord except to reduce
the Tenant's obligation to the Landlord by the amount of such
payment. Waiver by the Landlord of any defaults or breaches by the
Tenant shall not bar the Landlord's rights or remedies in case of
continuing or subsequent default or violation by the Tenant. If
the Landlord files suit against the Tenant for collection of
rentals or to enforce or defend any of the provisions of this Lease
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Agreement, the Tenant agrees to pay, addition to the Tenant's other
obligations hereunder, all reasonable expenses incurred by the
Landlord in connection therewith, including but not limited to
court costs and reasonable attorneys' fees, which shall be secured
in like manner as are rentals under this Lease Agreement. Any suit
for the enforcement hereof shall be brought in the courts of Nueces
County, Texas, which shall have exclusive venue because this Lease
Agreement was entered into, performable in and payment of rent made
in Nueces County.
26. INVALID PROVISIONS.
If any clause or provision of this Lease Agreement
invalid, or unenforceable under present or future 1
during the term of this lease, then and in that
is illegal,
aw effective
event, the
remainder of this Lease Agreement shall not be effected thereby,
and in lieu of each such clause or provision, shall be added
automatically as part of this lease, a clause or provision as
similar in terms to such illegal, invalid, or unenforceable clause
or provision as may be possible and be legal, valid, and
enforceable.
27. SECURITY DEPOSIT AGREEMENT.
IT UNDERSTOOD THAT THE SECURITY DEPOSIT AGREEMENT EXECUTED ON July
23, 1990 FOR 8112 STARRY ROAD REMAINS IN EFFECT WITH THIS LEASE
RENEWAL.
28. SAVE AND HOLD HARMLESS.
The Tenant shall fully indemnify, save and hold harmless the City
of Corpus Christi, its officers, employees and agents [hereinafter
called "the INDEMNITEES"] against any and all liability, damage,
loss, claims, demands and actions of any nature whatsoever on
account of personal injuries (including, without limitation on the
foregoing, workers' compensation and death claims), or property
loss or damage of any kind whatsoever, which arise out of or are in
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any manner connected with, or are claimed to arise out of or be in
any way connected with the Tenant's occupancy and use of the
Premises as contemplated pursuant to this Lease Agreement, unless
such injuries, loss or damage
shall be
caused by the sole
negligence of INDEMNITEES. The Tenant shall, at the Tenant's own
expense, investigate all such claims and demands, attend to their
settlement or other
and pay all charges
of any kind arising
demands and actions
disposition, defend all actions based thereon
of attorneys and all other costs and expenses
from any such liability, damage, loss, claims,
29. AD VALOREM TAXES.
This Lease Agreement is made and accepted subject to all ad valorem
taxes that may be levied and assessed on the Premises during the
term of this lease, the payment of which is hereby assumed by the
Tenant.
30. CITY COUNCIL AUTHORISATION.
By the Tenant's execution hereof, the Tenant acknowledges that the
Tenant has read this Lease Agreement and understands that this
Lease Agreement is not binding on the City until properly
authorized by the City Council and executed by the City Manager of
the City of Corpus Christi, Texas.
31. SPECIAL PROVISIONS.
A. Tenant is to remove and retain at the expiration of this
lease, all shrubs, plants and trees planted by the Tenant
during the duration of this lease.
B.
All improvements, on the premises are for the sole use of
the Tenant and shall not be used for business purposes.
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Executed this day of , 1991.
By:
CITY OF CORPUS CHRISTI, TEXAS
{L and 1 o r d}
Juan Garza
City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF, 1991.
JAMES R. BRAY. JR., INTERIM CITY ATTORNEY
Alison Gallaway, Assistant City Attorney
READ THIS INSTRUMENT BEFORE SIGNING!
{T e n a n t}
S. Gene Wilson
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n0
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CAVO DEL OSO
//// SOUTHSIDE SEWER TREATMENT PLANT SITE
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That t e_ foregoing
the -9 - day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
dinance was read for the first time and passed to its second reading o.
X2 i �t�2; , 19 </ , by the following vote:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
1
Thi
That the foregoing ordipance was read for the second time and passed to its third reading on
this the j day of &•C t/NLL-1. , 19 (7 / , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the
, 19 by the following vote.
411
At
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss (QC T,
Mary Pat Slavik
re/going(111
ty
ordinance was read for the third time and passed finally on this the
day of �� c/
.i-' ,i• •
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
I/\
)1
PASSED AND APPROVED, this the
A I"1'1 ST:
--N
City Secretary MAYOR
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
r
!m
day of - ,19(/
THE Ci.
APPROVED: [3 DAY OF ii , i 191±
JAMES R. BRAY, JR.R CITY ATTORNEY
By -4 i x Z ;.- ,;, 7; 'ot tF" ;Assistant City Attorney
044 021257
Y OF CORPUS CHRISTI