Ordinance No. 3,13910423 -14
ORDINANCE NO. 3139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE LEASE OF LAND OWNED BY THE CITY
OF BAYTOWN, TEXAS, TO PEACE TABERNACLE UNITED PENTECOSTAL
CHURCH: DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN INSTRUMENT LEASING SAID LAND TO
PEACE TABERNACLE UNITED PENTECOSTAL CHURCH, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the Peace Tabernacle United Pentecostal Church,
which is situated at 1102 North main, is in need of additional
parking space; and
WHEREAS, the City of Baytown has certain property
adjacent to this location which is not being used and which
is not under fence; and
WHEREAS, the Peace Tabernacle United Pentecostal Church
has expressed a desire to lease such property and surface
same with asphaltic concrete; and
WHEREAS, TEX.REV.CIV.STAT. art. 5421c -12 provides that
narrow strips of land and streets and alleys may be sold by
the City to abutting property owners without the necessity
of publication of notices and taking of bids; and
WHEREAS, TEX.REV.CIV.STAT. art. 5421c -12 further provides
that any conveyance, sale or trade made pursuant to the pro-
visions thereof shall never be made for less than the fair
market value of the land or interest in land being conveyed,
sold or traded as determined by an appraisal, which appraisal
shall be conclusive of the fair market value; and
WHEREAS, Tax Assessor- Collector of the City of Baytown
has made an appraisal of said property and has determined
that the sum of Eleven and 25/100 ($11.25) Dollars per month
would not be less than the fair market value for the lease
of said property; NOW THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown
hereby accepts the appraisal of the Tax Assessor- Collector
of the City of Baytown which is attached hereto marked
Exhibit "A ".
Section 2: That the City Council of the City of Baytown,
does hereby authorize the lease of land owned by the City of
Baytown, described in the lease (Exhibit "B "), attached
hereto for the sum of Eleven and 25/100 ($11.25) Dollars per
month to Peace Tabernacle United Pentecostal Church.
Section 3: That the City Council of the City of Baytown
authorizes the Mayor and the City Clerk to execute and
attest to a lease of City owned property described in Exhibit
"B" attached hereto, for parking space for the Peace Tabernacle
United Pentecostal Church.
Section 4: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this the 23rd day
of April , 1981•
n
i
MMET T0, Mayor
ATTEST:
i
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City,,Attorney
-2-
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E X H I B I T "A"
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MAW
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M E M O R A N D U M
TO: Glen Erwin, Tax Assessor /Collector DATE: January 13, 1981
FROM: Eileen Hall, City Clerk
SUBJECT: Appraisal of property for lease purposes
The lease agreement between the City of Baytown and Peace Tabernacle
United Pentecostal Church for use of city -owned property at 1102 North
Main, said property being seventeen (17') feet wide and one hundred
ninety (190') feet in length will expire May, 1981. Please have an
appraisal made as to the value of this property for lease purposes.
Currently, the lease is for $60.00 per year.
If you need further information, please do not hesitate to contact
me. Thank you.
Eileen Hall
EH /kp
APPRAISAL REPORT
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SUBJECT: Lease of City owned land.
LOCATION: Back portion of City owned land at 1100 North Main,
Baytown (see attached map and photo). This tract
is adjacent to the property owned by Peace Tabernacle
at 1102 North Main.
SIZE: 17 feet wide and 190 feet in length or a total of
3230 square feet of land.
DESCRIPTION: Vacant land presently used for church parking.
VALUATION: This tract of land is leased to Peace Tabernacle for
the sum of $60.00 per year or .0186 per square foot
per year. The present lease was executed in 1976 and
expires May 1981. Property taxes for the area indicates
a value of .60t per square foot or $1,938.00 for the
3230 square feet comprising this tract. The ratio of
yearly rent amount to value of tract is .03 ".
RENTALS: ROOSTER'S RESTAURANT is leasing the City owned southwest
corner of North Main and Defee for parking purposes for
$1,200.00 per year or .15� per square foot per year.
Property taxes for the area indicates a value of $2.10
per square foot or $16,800.00 for the 8000 square foot
tract of land. The yearly lease amount of $1,200.00 is
approximately .07% of the estimated value ($16,800.00)
of this tract.
RECOMMENDATION: Lease subject tract of land for the sum of $135.00 per
year, approximately .041¢ per square foot. The lease
amount of $135.00 is approximately .07% of the estimated
value of this tract.
Paul L. Storck
1 -16 -81
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E X Ii I B I T "B"
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L E A S E A G R E E M E N T
THE STATE OF TEXAS :
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
This Lease Agreement made and entered into by and
between the City of Baytown, a Municipal Corporation, acting
herein by and through its duly authorized officers hereinafter
referred to as LESSOR, and the Peace Tabernacle United
Pentecostal Church, acting herein by and through its proper
officers, hereinafter referred to as LESSEE:
W I T N E S S E T H
I.
That LESSOR hereby leases and lets unto LESSEE the
following described tract of land, to -wit:
That property located between the north property line
of the City of Baytown and the six (6') foot cyclone
fence enclosing the City's water well located in the
1100 block of North Main. Said property being seventeen
(17') feet wide and one hundred ninety (190') feet in
length.
II.
The term of this lease is for one (1) year, beginning
with the first day of May, 1981, and ending with the first
day of May, 1982. LESSEE agrees to pay to the order of the
CITY OF BAYTOWN, as rent for said premises, the sum of One
Hundred Thirty Five & No/100 ($135.00) Dollars per year.
The LESSOR agrees that LESSEE shall have and is hereby
granted four (4) successive options to extend the term of
this lease for one (1) year on each such option, such
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extended term to begin respectively upon the expiration of
the term of this Lease. Payment is due in advance on May 1
of each year, and such advance payment shall act to extend
this Lease for the option period.
III.
It is expressly agreed and understood that the leased
premises shall be used as parking space only and this lease
only grants LESSEE the surface rights to said leased premises.
LESSEE is hereby granted permission to surface with asphaltic
concrete such premises, at its own cost and expense, within
a period of one (1) year from date. LESSEE also agrees that
it will not sublet said premises without the written consent
of LESSOR.
IV.
It is further expressly agreed and understood that
LESSEE shall indemnify and hold harmless LESSOR against each
and every claim, demand or cause of action that may be made
or come against LESSEE by reason or in any way arising on
account of any act or omission of LESSEE, as tenant and
occupier of said premises.
V.
Should LESSEE cease using said leased premises for a
parking lot, then, in such event, the above described premises
shall revert to LESSOR.
VI.
In the event either party shall wish to terminate this
lease, notice thereof, in writing shall be given to the
other party, thirty (30) days before the end of the year.
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IN TESTIMONY WHEREOF, witness our hand this the
day of , 1951•
CITY OF BAYTOWN, LESSOR
By
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Attorney
PEACE TABERNACLE UNITED PENTECOSTAL
CHURCH, LESSEE
Pastor