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06-G Lake Gibbons Lease AdvDRAFT F:~Attorney~ALICE~RESWORK\CURRENT~Hay Lease Adv Bids Res.wpd November 8, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY ATTORNEY TO DECLARE THE HAY LEASE BY AND BETWEEN THE CITY OF PARIS AND JOHN C. KILPATRICK IN ALL THINGS ABANDONED AND THE LESSOR IN DEFAULT UPON A FINDING OF ABANDONMENT; AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE LEASE OF APPROXIMATELY 170 ACRES OF LAKE GIBBONS PROPERTY FOR THE HAY CROP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council did heretofore on April 14, 1997, in Resolution 97-036, authorize the execution of a Hay Lease between the City of Paris and John C. Kilpatrick in the amount of $1,500.00 for approximately 170 acres of Lake Gibbons property; and, WHEREAS, the Lessor has apparently defaulted on said lease and said Hay Lease has apparently been abandoned; and, WHEREAS, upon a finding of abandonment, it is deemed appropriate to advertise for bids for lease of said Lake Gibbons property consisting of approximately 170 acres for the Hay Lease; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Attorney, upon a finding of non-payment of the required lease payments, be, and he is hereby, authorized to declare said lease abandoned and the Lessee in breach of the lease agreement and to so notify the Lessee. Section 3. That upon a finding of abandonment by the City Attorney, the Hay Lease for approximately 170 acres of Lake Gibbons property be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1 st Street S.E., Paris, Texas 75460, until 3:00 o'clock p.m. on Tuesday, December 3, 2002, or at such other time and date as the City Manager shall determine appropriate, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1 st Street S.E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council at a later date for the purpose of letting such bid. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 1 lth day of November, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney LEGAL NOTICE PUBLISH TWICE Sunday November 17, 2002 Sunday November 24, 2002 The City of Paris will receive sealed bids at the office of the City Manager, City of Paris, 135 1 st Street S.E., P. O. Box 9037, Paris, Texas 75461-9037, for the hay crop on City of Paris property in the Lake Gibbons area. Bids will be received until Tuesday at 3:00 p.m., December 3, 2002, at which time all bids will be publicly opened at the City of Paris City Hall building, 135 1st Street S.E., Paris, Texas, read aloud, tabulated, and referred to the City Council for its consideration. Information, specifications, and bid forms may be obtained at the office of the City Manager, City Hall, 135 1st Street S.E., Paris, Texas 75460. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and to award bids as may be advantageous to the City. Time may be a consideration in the awarding of this bid. Bidders are notified of City exemption from otherwise applicable sales and excise taxes. All bids must be submitted on City of Paris bid form. CITY OF PARIS, PARIS, TEXAS Mattie Cunningham, City Clerk SPECIFICATIONS HAY LEASE The amount bid will be a lump sum per year paid to the City of Paris. Exhibit A shows the areas involved in the Hay Lease Agreement. The area shaded in green on Exhibit A is the land involved in the hay lease. The approximate acreage of the hay area is 170 acres. A maximum of two cuttings per year on the hay area is permitted. · It shall be the obligation of the Lessee to supply any needed chemical for the hay lease area. · The City of Paris owns all fences on the Lake Gibbons property. · Maintenance of fences shall be the responsibility of the Lessee. · Lessee agrees to pursue good land management practices with regard to the leased premises. · Baled hay shall be removed from the hay meadow within 10 working days after baling takes place. · The length of the contract for the hay meadow lease shall be for a period of five years with a five year option. BID FORM TO : HONORABLE MAYOR AND CITY COUNCIL FROM : (Name of person or Company Bidding) (Address) (Telephone Number) I/VVe hereby submit the following bid in accordance with the attached specification for Hay Lease consisting of approximately 170 acres on Lake Gibbons property: Hay Lease $ peryear (Signature of Person Submitting Bid) (Date)