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HomeMy WebLinkAbout025662 ORD - 02/24/2004AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LONG-TERM LEASE WITH ROUND ROCK BASEBALL, INC. TO MANAGE AND OPERATE A BASEBALL STADIUM TO BE CONSTRUCTED BY THE CITY, IN CONSIDERATION OF THE PAYMENT OF RENT AND THE OBLIGATION TO HAVE A MINOR LEAGUE BASEBALL TEAM AFFILIATED WITH MAJOR LEAGUE BASEBALL PLAY ITS HOME GAMES IN THE STADIUM; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the voters in Corpus Christi authorized a one-eighth of one percent sales tax for promotion and development of new and expanded business enterprises within the City, including the construction, operation, and maintenance of a baseball stadium in the Arena, Convention Center/Port area of Corpus Christi; WHEREAS, the Corpus Christi Business and Job Development Corporation on September 30, 2003, agreed to incur debt to be funded by the one-eighth of one percent sales tax for the construction of the baseball stadium by the City; WHEREAS, on October 6, 2003, the City entered into a non-binding agreement with Ryan Sanders Ryan Sports, Inc. ("RSR Sports"), in which RSR Sports agreed to enter into negotiations with the City to lease the baseball stadium from the City for the use by a AA minor league baseball team owned by Round Rock Baseball, Inc. ("Round Rock Baseball") starting in April 2005; WHEREAS, on December 16, 2003, the City entered into a binding agreement with RSR Sports that obligated RSR Sports to lease the baseball stadium from the City for the use of its AA minor league baseball team starting in April 2005; WHEREAS, on January 15, 2004, the City entered into a contract with the Port of Corpus Christi Authority for the purchase and Pease port property for the construction of the baseball stadium and off-site parking; WHEREAS, the City, RSR Sports, and Round Rock Baseball have negotiated a lease of the stadium for the use of Round Rock Baseball's AA minor league baseball team, which is associated with a major league baseball team; and WHEREAS, Round Rock Baseball has represented to the City that it is authorized to relocate its AA minor league baseball team to Corpus Christi, if the City constructs the baseball stadium to league standards of the AA sanctioned league; NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager is authorized to execute a Pease with Round Rock Baseball, with an initial term of 15 years, and with Round Rock Baseball having the option to extend the lease for two additional five year periods, to use and operate the R30623E3.doc 2 baseball stadium to be constructed by the City, in consideration of the payment of rent by Round Rock Baseball and the obligation of Round Rock Baseball to have a minor league baseball team affiliated with major league baseball owned by Round Rock Baseball to play its home games in the stadium. A copy of the lease is on file with the City Secretary. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by Article IX, Section 3 of the City Charter of the City of Corpus Christi. R30623E3.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the~")->' day of ~.¢_¢ ~¥__ ,2004, by the following vote: Samuel L. Neal, Jr. (",~u~¢~. Bill Kelly 0 Brent Chesney ~ Rex A. Kinnison Javier D. Colmenero ~ Jesse Noyola -.9 Melody Cooper r_;L,,~ Mark Scott Henry Garrett That the foregoing ordinance was read for the second time and passed finally on this day of .-.-.~.8.~'~('~¢~1¢-(.4,--- , 2004 by the following vote: the Samuel L Neal, Jr. ~,,~¢_ Bill Kelly / Brent Chesney Javier D. Colmenero O,--~ _ Melody Cooper %/_ Henry Garrett PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Rex A. Kinnison Jesse Noyola Mark Scott ~Lt~-day of ~l~-E~Pr-~-r-c~-- ,2004. Mayor APPROVED: 22® day of January, 2004: R. y eining Fi sCs~tant C/ity Attorney For City Attorney R30623E3.doc State ofTex~ FF-~ -9 ~, 9: 2?. County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRI~!~I Ad # 4793481 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit 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 Interactive on the 1ST day(s)of FEBRUARY, 2004. $127.20 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of FEBRUARY 02, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Ca_ller-Times Sunday, February 1, 2004/F~ City Council ol the PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss; CITY OF CORPUS CHRISTI Ad # 4821596 PO # Before me, the undersigned, a Notary Public, this day personally came Hinoiosa, who being first duly sworn, according to law, says that she is Credit 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, Dural, 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 29TH day(s) of FEBRUARY, 2004. $127.20 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date of MARCH 01, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. OF ORDINANCE NO. i Jthorizthg the City ~c. to manage stadium to be City, in considefa~ of the payment of rent ~ the ob~a~ to have a minor ~eague ~e~3all team alf~atod with ma or league baeebal1134ay ~ ~me~ in the atadtum. The term of the le4me la 15 years, with ol~on to ~ the I~ for two edditio~ ~-year agrees to pay annual rant for each leale ~t.~ y~, ~ rs 6 to 10 - $60,000 per Lease Year and ~ Years 11 to 15 - Lease Year. This ordinance was pa~ed and ap roved by the City Co'cji of the City of Corpus Chdeti on its FeamaW 24, 2004.