Res 064-96 5/21/1996RESOLUTION NO. (,24-a/0
A RESOLUTION APPROVING AND AUTHORIZING A CONTRACT FOR THE
LEASING OF THE FISHING BARGE AT LAKE KICKAPOO, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE INSTRUMENT;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls owns the land on the South side
of Lake Kickapoo which is the location of the fishing barge facility;
and
WHEREAS, Mr. and Mrs . Mitch Miller own the improvements at the
barge facility and have requested permission to enter into a lease
agreement of its operation; however, the City feels that certain
conditions must be corrected prior to the execution of a long-term
lease .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS:
SECTION 1. The attached contract for the leasing of the fishing
barge facility and premises at Lake Kickapoo between the City of
Wichita Falls and Mitch Miller and wife, Kay Miller is hereby approved,
and Mr. James Berzina, City Manager, is authorized to execute the
instrument on behalf of the City.
SECTION 2 . It is hereby officially found and determined that the
meeting at which this resolution was passed was open to the public as
required by law.
PASSED AND APPROVED this the 21st day of May, 1996 .
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ATTEST:
CU 10111CUL
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA §
CONTRACT CONFERRING AN OPTION TO LEASE THE
FISHING BARGE FACILITY AND PREMISES AT LAKE KICKAPOO
This contract, made and executed by and between the City of Wichita Falls, Wichita
County, Texas, and Mitch and Kay Miller, of 3272 FM 367 W, Iowa Park, Texas;
WITNESSETH:
The said City of Wichita Falls agrees to grant, and the said Mitch and Kay Miller to
take, a lease of all those certain premises situated in Archer County, Texas, and more
particularly described as follows, to-wit:
Tract 1. Lots 3, 4, 5, 9, and 10 on the South side of Lake
Kickapoo, as shown by the plat on file in the office of the
Lake Lot Coordinator of the City of Wichita Falls.
Tract 2. That area as designated, in addition to the above-
described lots, by the plat attached hereto as prepared by
Corlett, Probst and Boyd, and which is made a part hereof for
all purposes.
for the term of ten (10) years from the day of 1996, at a yearly
rental of Six Hundred Sixty and No/100 ($660.00) Dollars, payable in one hundred twenty
120) installments on the first day of each month during such term, the first payment to be
made on the day of 1996. The City of Wichita Falls agrees to an
option to extend the term of this lease for an additional ten (10) years conditioned on the fact
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that all of the lease agreement covenants, both expressed and implied, are met. The City of
Wichita Falls agrees to prepare for execution a lease of the said premises to the said Mitch and
Kay Miller for the term and at the rent aforesaid, payable hereinbefore stated. Other
obligations and covenants of the City of Wichita Falls and Mitch and Kay Miller will be
provided in a lease agreement as approved by the City Council of the City of Wichita Falls,
Texas. The following conditions shall be performed by Mitch and Kay Miller ninety (90) days
prior to the execution of the lease agreement for the above-described property and are as
follows:
1. Provide water service which is in compliance with applicable City, State or
Federal environmental rules and/or regulations as is available through the Wichita Valley
Water Supply Corporation to cabins, mobile homes, and other areas utilized by the general
public on this property.
2. Removal of all sub-standard structures as designated by the Lake Lot
Administrator from the premises.
3. Provide for sanitary public restrooms. Such facilities shall be in accordance
with all applicable City, State and Federal requirements, and be maintained in a clean and
proper operating condition at all times.
4. Repair and stabilize the walkway pier to the floating fishing barge.
5. Repair and/or replace picnic tables at all public picnic areas.
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6. Clean and clear the vacant mobile home space located at the end of Mobile
Home Tract 2C, leaving an existing chain-link fence intact while such actions are taken to
clean and clear the space.
If said conditions are not fulfilled by Mitch and Kay Miller within ninety (90) days
after execution of this document, this contract conferring an option to lease the fishing barge
facility and premises is to be canceled and to be of no effect. This contract is valid for ninety
90) days after its execution.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on this day of 1996.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
Attest:
City Clerk
Mitch Miller
Kay Miller
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STATE OF TEXAS
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared James
Berzina, City Manager for the City of Wichita Falls, a municipal corporation, known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the said City of Wichita Falls, a municipal
corporation, for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1996.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF WICHITA §
This instrument was acknowledged before me on the day of
1996, by Mitch Miller.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF WICHITA §
This instrument was acknowledged before me on the day of
1996, by Kay Miller.
Notary Public, State of Texas