Loading...
HomeMy WebLinkAboutO-1992-1831 . . ORDINANCE NO. 193/ AN ORDINANCE APPROVING AND AUTHORIZING AN OCCUPANCY AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF HUMAN SERVICES, DATED MARCH ll, 1992; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section l. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-l7, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of March, 1992. A C}).f' OF LA PORTE B~ orma ATTEST: ~ ~ Cherie Black City Secretary AP~rJ~ Knox W. Asklns , City Attorney . . OCCUPANCY AGREEMENT This agreement is entered into by and between the Confrontation Church of God in Christ (hereinafter referred to as the "Church"), and the City of La Porte, Texas, a municipal corporation, acting by and through its City Manager (hereinafter referred to as the "Cityn). I. Church agrees to provide 48l square feet of office space to City at SOl West Main Street, La Porte, Texas 77S71. All utilities and janitorial services necessary for the use of the said office space shall be included at the sole expense of Church. II. For the above described services, City agrees to pay Church a rate of $.95 per square foot of office space per month, or the sum of $456.95 per month. Payments shall be made by the fifteenth day of each month to Church, P.o. Box 14S2, La Porte, Texas 77572-l452. III. This agreement is made upon the following expressed conditions and limitations: a. City shall have the right to sublease the premises to the Texas Department of Human Services. All obligations of City hereunder, shall be contingent upon performance of obligations by the Texas Department of Human Services, in an occupancy agreement between City and the Texas Department of Human Services. b. The premises shall be used solely for the purpose of administration of programs by the Texas Department of Human Services pursuant to state law, including but not limited to the following programs: AFDC, Food Stamps, and Expended Medical Programs. c. Building maintenance to include, but not limited to, air conditioning and heating, to be the responsibility of Church. . . -2- d. All utility costs to include electrical, water and gas to be paid by Church. e. Janitorial services for the above premises shall be the responsibility of Church. IV. The term of this Agreement shall be for the period beginning March l, 1992, and ending December 31, 1992. V. This agreement is made and entered into in accordance with the provisions of the Emergency Space Architectural Barriers Compliance Checklist, and is made contingent upon the continuation of federally funded programs, or upon the availability of appropriated state funds, to the Texas Department of Human Services. In the event such federally funded programs are not continued, or in the event appropriated state funds are not available, City shall have no further obligation hereunder. VI. Church agrees to provide all utility services except telephone service. The Texas Department of Human Services shall, at its own expense, install and operate telephone services. VII. City, on behalf of the Texas Department of Human Services, agrees that: (a) it has made its own inspection of the premises; (b) it accepts the premises in the conditions in which they exist on the beginning date of the term of this agreementJ (c) it has made its own determinations as to the suitability of the premises for the . . -3- uses to which it is hereunder agreed the Texas Department of Human Services may put same1 (d) it is receiving from Church hereunder absolutely no warranty or representations as to the condition of, or such suitability of the premises1 (e) the Texas Department of Human Services, as sublessee of City, will use the premises for only the purpose of the administration of programs administered by the Texas Department of Human Services pursuant to state law and as specified in Section III.l., of this lease agreement; (f) the premises will not be used for any activity which is not supervised by the Texas Department of Human Services; (g) the Texas Department of Human Services will at all times comply with such reasonable regulations and policies, and amendments thereto, as are issued by Church for purposes of maintaining an orderly and compatible use of the premises by all parties involved. IN TESTIMONY OF WHICH this Occupancy Agreement has been executed this lIth day of March, 1992. CITY OF LA PORTE BY:CX~ T. H-~ Robert T. Herrera City Manager