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HomeMy WebLinkAboutPO 5251: SERTOMA CLUBINTER OFFICE MEMO To' From: Subject: Date: Mayor, City Council & City Manager Mark T. Sokolow, City Attomey ~ ~:~ P.O. No. 5251 - March 19, 2002 Council Meeting March 14, 2002 Attached is Proposed Ordinance No. 5251 authorizing the City Manager to execute an agreement with the Port Arthur Evening Sertoma Club, Inc. for the use of Lot 3, Block 142, City of Port Arthur (742 Procter). MTS/ts Attachment z.po5251..mcmo P.O. No. 5251 03/14/02 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TRANSFER LOT 3, BLOCK 142, CITY OF PORT ARTHUR (742 PROCTER) TO THE PORT ARTHUR EVENING SERTOMA CLUB, INC. (REQUESTED BY THE CITY MANAGER) WHEREAS, the City owns Lot 3, Block 142, City of Port Arthur (742 Procter); and WHEREAS,. the City desires to transfer this property to the Port Arthur Evening Sertoma Club Inc. for a public purpose; and WHEREAS, the conveyance will comply with 5.022 Property Code; and WHEREAS, the consideration for the transfer will be the usage of the site for a pavilion and/or adjacent parking which will be used for a public purpose, i.e. usage of the pavilion for Mardi Gras, for non-profit charitable use and for City usage. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are tree and correct. Section 2. That the City Manager and the City Attorney are herein authorized to deed Lot 3, Block 142, City of Port Arthur (742 Procter) to the Port Arthur Evening Sertoma Club Inc. pursuant to Section 253.011 Local Government Code in substantially the same form as attached as Exhibit "A". Section 3. That the City finds that the transfer of this property to the Port A~hur Evening Sertoma Club Inc. will primarily promote a public service on behalf of the City and of the citizens of the City. Section 4. public purpose. zpo5251 That the ownership of the property will revert to the City if it is not used for a Section 5. That the Port Arthur Evening Sertoma Club, Inc. shall sign this ordinance agreeing to the terms hereof. That a copy of the caption of this Ordinance be spread upon the Minutes of Section 6. the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor_ _, City Council _, NOES: ATTEST: OSCAR ORTIZ, MAYOR JAN STRODER, ACTING CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY AGREED TO: APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER PORT ARTHUR EVENING SERTOMA CLUB, 1NC. zpo5251 EXHIBIT "A" SPECIAL WARRANTY DEED Date: March 14, 2002 Grantor: City of Port Arthur Grantor's Mailing Address (including County): P.O. Box 1089, Port Arthur, Jefferson County, Texas, 77641 Grantee: Port Arthur Evening Sertoma Club, Inc. Grantee's Mailing Address (including County): P. O. Box 2613 Port Arthur, TX 77643 Jefferson County, Texas CONSIDERATION: Pursuant to Section 253.011 Local Government Code, the ownership of these tracts will automatically revert to the City if the Port Arthur Evening Sertoma Club, Inc. fails to use this property for a public purpose. PROPERTY (including any improvement): Lot 3, Block 142, City of Port Arthur (742 Procter) RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made expressly subject to all easements, rights-of-way, restrictions, covenants, and conditions and all exceptions reservations, and conveyances of minerals and/or royalties, oil and gas and/or mineral leases, affecting the above described property, and to all zoning laws ordinances, rules and regulations of municipal and/or other governmental authorities, but only to extent that same are in force and effect and relate to the above described property. This conveyance is also made subject to all state and federal laws and regulations, if any, affecting said property though they may be unrecorded. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's Heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against eve~' person whomsoever lawfully claiming or to claim the same or any pm thereof except as to the reservations from and exceptions to conveyance and warranty. z.sertoma.deed Executed on the day of , A.D., 2002. GRANTOR, CITY OF PORT ARTHUR By: Steve Fitzgibbons City Manager APPROVED TO AS TO FORM: CITY ATTORNEY ATTEST: ACTING CITY SECRETARY Original to Grantee: Port Arthur Evening Sertoma Club, Inc. P. O. Box 2613 Port Arthur, TX 77643 Copy to Grantor: City of Port Arthur P. O. Box 1089 Port Arthur, TX 77641 z.sertoma.deed ACKNOWLEDGMENT THE STATE OF TEXAS: COUNTY OF JEFFERSON. BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, City Manager of the City of Por~ A~hur, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port A~hur, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE __ ., A.D., 2002. day of NOTARY PUBLIC, STATE OF TEXAS z.sertoma.deed