HomeMy WebLinkAboutResolution - 1223 - Adopt Procedures & Establishing Rental Policies For Vacant City Property - 09/23/1982JCR: j s
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RESOLUTION 1223 -9/23/82
A RESOLUTION ADOPTING PROCEDURES AND ESTABLISHING RENTAL POLICIES FOR
VACANT CITY PROPERTY NOT IN SERVICE.
WHEREAS, Art. 3, §52 of the Texas Constitution prohibits the lending of
credit or the granting of public money or a thing of value by municipalities
in aid of or to any individual, association or corporation, and
WHEREAS, the City Council is required to adhere to the dictates of the
aforementioned Constitutional section, and
WHEREAS, the City Council of the City of Lubbock finds that it is desir-
able and necessary to establish uniform policies governing the leasing or
rental of vacant City property not in service, and
WHEREAS, the City Council of the City of Lubbock seeks to treat all
persons, associations, organizations or corporations seeking to lease or rent
said property in a fair and equitable and uniform manner, and
WHEREAS, the City Council.of the City of Lubbock finds that the adoption
of a uniform policy governing the leasing or rental of vacant City property
not in service is necessary to accomplish this purpose; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
1. THAT the primary purpose of all real property owned by the City of
Lubbock is to accommodate the functions of government of the City.
2. THAT only when real property owned by the City is no longer needed
to accomplish its primary purpose will said property be eligible for lease or
rental as hereinafter set forth in this Resolution.
3. THAT before any property is considered eligible for lease or rental
as hereinafter provided in this Resolution, the City Manager shall file a
written certification with the City Secretary of the City of Lubbock indica-
ting that the property is no longer needed for City services and is eligible
for lease or rental under this Resolution.
4. THAT the City Manager shall, prior to filing his certification as
set forth in the preceding paragraph, survey all departments or divisions of
the City and make a determination as to whether or not any department or
division of the City of Lubbock could utilize the real property in discharging
its governmental functions.
5. THAT when any real property owned by the City of Lubbock has been
certified by the City Manager to be vacant and property not needed in the
service of the City, then and only then shall it be eligible for lease or
rental in accordance with the following terms and conditions:
a. All leases or rental agreements shall be in writing and on a
form approved by the City Attorney of the City of Lubbock.
b. All leases or rental agreements shall provide for a reasonable
and adequate consideration running to the City of Lubbock which
consideration shall be determined as hereinafter set forth in
this Resolution.
C. All leases shall provide that they may be cancelled on thirty
(30) days written notice given by the Lessor to the Lessee.
d. All leases shall provide that the Lessee hold the City of
Lubbock harmless from any and all claims or liability stemming
from the operation of the lease.
e. That any lease or rental agreement entered into under the terms
of this Resolution shall further provide that the Lessee at its
expense maintain at all times during the term of the lease
public liability and property damage insurance with an insur-
ance underwriter acceptable to the City and authorized to do
business in the State of Texas. Such policy shall provide in-
surance in an amount satisfactory to the City and such policy
shall name the City of Lubbock as an additional named insured
as its interest may appear. Certificates of such insurance
shall be filed with the City Secretary prior to entry on the
premises by the Lessee.
f. Any such lease or rental agreement shall provide that the
Lessee will not be allowed to make any structural alterations
to the leased premises without the written consent of the City.
g. Any lease or rental agreement entered into under the terms of
this Resolution shall further contain any terms or conditions
deemed necessary by the City Attorney to protect the interest
of the City of Lubbock.
h. That in determining the reasonable and adequate consideration
which the City of Lubbock shall receive for all leases entered
into under this Resolution, the City Manager shall be charged
with the duty of determining the reasonable market rental of
any property considered to be leased by the City under this
Resolution. The procedure for making such determination shall
be set forth in the Policy and Procedures Manual of the City
of Lubbock.
i. The terms of this Resolution shall not be -applicable to any
lease currently in force and in effect at the time of passage
of this Resolution. However, the renewal of any such lease
shall conform with the policy set forth in this Resolution.
j. This Resolution shall not aply however to any properties
owned, maintained, managed o� operated by the City under the
Municipal Airports Act as the activities covered by this
Resolution are governed by state law with regard to such pro-
perty and the City Council has heretofore given limited autho-
rity over the use.of such property to the Airport Board at
Sec. 3-17(b), Lubbock Code. of Ordinances.
Passedby the City Council this 23rd dale of September ,
1982. R
APPROVED AS ONTENT:
Bill ayne, Director of Administrative Services
APPROVED AS TO FORM:
M. Sherwin, Assistant City Attorney