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HomeMy WebLinkAbout024761 ORD - 12/12/2002 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SIXTY-YEAR LEASE CONTRACT WITH DESTINY ASSOCIATES, INC. FOR THE OCCUPANCY OF 450-SQUARE FEET INTO THE EXISTING SCHATZEL STREET RIGHT-OF- WAY (ROW), TO REPAIR AND MAINTAIN A PERMANENT BUILDING STRUCTURE, CONCRETE FACINGS AND PLANTERS THAT ARE ENCROACHING INTO THE PUBLIC STREET RIGHT-OF-WAY LOCATED RESPECTIVELY ADJACENT TO THE NORTH BOUNDARY LINE OF LOT 7, BLOCK 12, BEACH PORTION; ESTABLISHING A FEE OF $1,050 AS PAYMENT FOR THE FIRST FIVE (5) YEAR LEASE INCREMENT; AND PROVIDING FOR PUBLICATION, WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation Code, the City Council makes the following findings; and WHEREAS, the City Council finds that the improvements will not be located on, extend onto, or intrude on the roadway portion of the Schatzel Street right-of-way or on any part of the adjacent sidewalks needed for pedestrian use; and WHEREAS, the City Council finds that the improvements will not create a hazardous condition or obstruction of vehicular or pedestrian travel on Schatzel Street or pedestrian travel on the adjacent sidewalks; and WHEREAS, the City Council finds that the design and location of the improvements include all reasonable planning to minimize potential injury or interference to the public in the use of Schatzel Street and the adjacent sidewalks; and WHEREAS, the City Council finds that the use of the improvements will not interfere with the public use of Schatzel Street or adjacent sidewalks; and WHEREAS, the City Council finds that the use of the improvements will not create a dangerous condition on Schatzel Street or the adjacent sidewalks; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a sixty-year Lease Contract with Destiny Associates, Inc, (Lessee) for the occupancy of 450-square feet into the existing Schatzel Street Right-of-Way (ROW) to repair and maintain a permanent building structure, concrete facings and planters that are encroaching into the street ROW located respectively adjacent to the north boundary line 0247(11 '!II rn ----.--.-,..- - of lot 7, Block 12, Beach Portion and establishing a fee of $1 ,050 as payment for the first five (5) year lease increment. SECTION 2. That Lessee complies with the terms and specified conditions of the Lease Contract, a copy of which is on file with the City Secretary. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. '!II " , .~_.__._...,.. ___~.,... .,__ ,._,'_0. ~ '~ W W a::: ~ en W t: :::l '0 ~en ."'W ':= 11 ,'" ~ '., . .' l...... , :r.. SCHATZEL STREET CONC~ FACING AND PL.ANT!RS . I" . .:.',:.:, ~ " 425 SCHATZEL ~ ~ '" LOT 7, BLOCK 12 BEACH PORTION .. .' 425 SCHA TZEL STREET ENCROACHMENT LEAST CONTRACT m '. .~" "'M"_--r- ~."".._,,~._.,.~.. -.-..- '''---",' ._..,.,,,,-,.._. IF That the fore~oing ordinance was read for the first time and passed to its second reading on this the 'I)" day of ()/lX\..LlR.!2J"-P002, by the following vo~e: Samuel L. Neal, Jr. ~. / ' -.J Rex A. Kinnison ~ Brent Chesney C\.\Y--/ John Longoria (l\r- h"i" D. Colm,o= r.lllr J,"~ Noyoill (g.lf \!~ Henry Garrett Mark Scott L (),i,~" ' Bill Kelly ~ Thrt the foregoing Rrdinance was read for the second time and passed finally on this the I~tt'day of 9( rYlllCLf:']002, by the following vote: Samuel L. Neal, Jr. Cl~jl - Rex A, Kinnison ~ Brent Chesney ~ John Longoria Q~1\1- ~. Henry Garrett c l1t" PASSED AND APPROVED, this the Jl d~y of Jesse Noyola Javier D, Colmenero Mark Scott Bill Kelly 2002, ATTEST: THE CITY OF CORDS CHRISTI ~ Armando Chapa City Secretary ~.~~ Samuel L. eal, Jr.' Mayor Approved this the .5 day of J"""'~3 James R, Bray, Jr., City Attorney ,2002, t City Attorney 0247(-)1. 111 rn '" L ~,,"'''' ,- ,<0,', ::.. i to ;~ ; :"::IP\!\l..L uu:\~\ j' h_" PUBLISHER'S AFFIDAVIT 02 JM~ 28 PM~: 25 State of Texas } County of Nueces } CITY OF CORPUS CHRISTI ss: Ad # 4059079 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times NOTICE OF PASSAGE T' () OF OROtNANCE ON Ime s FIRST REAOING . authorizing " ....ger or llii <IImY'Y' ':-r""':'.::.,: , -.c\ _ DOO!lny "'u'~:'__lnc. for'~ occupancy of 4150 _e fMt Into Ihe, exlstlng Schatzel: ~ rlght.of.'"W i 10 repllirWld .......... . perme_ blltkllnv. 8t.ruct~, :...<0,... '" =~~h~ are .KJA F( ."',., oncroaoh"'ll into ... ,. 0 ~ '\. pubfk: street ROW lJ6( -y"; '\ =- ;:.Ii:"'~=" '" <1' \ bOUndaIy Jlne of Lot 7. '-.~'. ., , I Bt'ock 12, Be.oh, ,#i i);~-;: <' ~ ~ -; ....bU.h"" . '"rjh~{" .'2/ i f." of, $1,050 as,o.,;. ." '" ~ l payment for ttae first Ot <0...' ,II Bve-year lease ~:' '.l'''<:'Y ,/ increment. This ~_~::..' ",.,,1' Ofdtnance was passed ".,....~.",....",' and approved on ftrst =:tI1atheC:i~ Corpu. Chri8ti ,on January 8. 2002, Is! Armendo C'- City Soc.-ry City of Corpus ChrIotl Interactive on the 13TH day(s) of JANUARY, 2002. ovct. No. O~~1~( tr'4 S' t1~ Credit Customer Service Manager FIICofpua ChrisII CeIle....l'lm9s, Sunday, January 13, 2002 Subscribed and sworn to me on the date of JANUARY 14. 2002. (~nut YM/2ut ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . ~ I lI'" , 1-'!:j~:\[~C[ C;"Pi\~~l ,.' PUBLISHER'S AFFIDAVIT 02 FES 21 FJllO: 21~ State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 4096653 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-TImes, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-TImes and on the World Wide Web on the Caller-TImes Interactive on the 17TH day(s) of FEBRUARY. 2002. ovct NIL O~ ~70 ( ~Chri8li CaJI<<-Times, Sunday, February 17, 2002 'NOnCln~'eE~(s) - OFORD ENO,' (024761 Ordinance authorizing the City Manager or his designee to execute a slxty-y",..r lease - wtlh Destiny _lea Jnc, for the o~upancy of 450 square ~ 'into the 8x~8tihg Schatzel Street right-ai-way (ROW) to _ir and mUIloin . __t bv#dlng "'ucture, _~ond' pt.'nt'rs ....1. are! encrooch,", Into the! public street ROW I located rHpeotlvely adjacent to the north ; boundary line of Lot 7, ! Block 12', Beach Porllon;es~shing 8 , fee of $1,050 as - payment for the first five-year lease increment. This ordinance was passed and approved on second I'8lldii1g by the Cily CouncH "'the Cily of Corpus CIIrielI on FlIlIiuary 12.2002, 10/ Arm8ndo CIlopo Cily~ry ~~Chrlsti L~~4.q 4i~~~ Credit Customer Service Manager Subscribed and sworn to me on the date of FEBRUARY 18.2002. O?({)W Y/'OJt1J2tA _ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05.