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HomeMy WebLinkAboutORD 78-107ORDINANCE NO. ENTITLED AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE AND PURCHASE PROPERTY DESCRIBED HEREIN FROM THE PORT OF BEAUMONT NAVIGATION DISTRICT; APPROPRIATING THE SUM OF SIX. HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED ($638,800) DOLLARS FOR THE PURCHASE OF SAID PROPERTY; AUTHORIZING CREATION OF .A SPECIAL FUND; AUTHORIZING RETENTION OF COUNSEL; AND PROVIDING FOR SEVERABILITY; BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Manager be, and he is hereby, authorized to enter into and execute an agreement with the Port of Beaumont Navigation Dis- trict ("Port") for the purchase of a 4.154 acre tract of land'and a 1.125 acre tract of land, both out of the Noah Tevis Survey, Abstract 52, Beaumont, Jefferson County, Texas. The purchase price shall be Six Hun- dred Thirty -Eight Thousand Eight Hundred ($638,800) Dollars. The property described shall be leased by the City of Beaumont from the Port for a terns of twenty-two (22) years at a monthly rental of Four Thousand ($4,000) Dollars. Upon the expiration of said tern, the property shall be conveyed to the City and the purchase price shall be paid. Section 2. That the sum of Six Hundred 'Thirty Eight Thousand Eight Hun- dred ($638,800) Dollars is appropriated from the Municipal Complex Fund for payment of the purchase price above -stated. Said sum shall be placed in a special fund created therefor in accordance with Section 3 of this ordinance, and shall be paid to the Port upon expiration of the twenty-two year term. Section 3. That a special fund shall be established and maintained at the City's depository to secure payment of the purchase price above-described. The monies in said fund may be invested in any lawful manner. The earnings of said fund shall be used to pay the rentals described above, and any earnings in said fund in excess of the rentals provided herein may be paid to the Port as additional rentals hereunder or may accumulate, -be reinvested and be paid to the Port in addition to the stated purchase price: r7 P Section 4. That the City Attorney is hereby authorized to retain the firm of Orgain, Bell and Tucker to provide legal services in connection with the lease and purchase of the above-described property. The City Manager is authorized to make payment for said services at the rate of Seventy - Five ($75.00) Dollars per hour and for other expenses of the transaction from the Municipal Complex Fund. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY (UNCIL of the City of Beaumont this the day of 1978. - Mayor - -2- 117 /-9 7