HomeMy WebLinkAbout06697 ORD - 11/14/1962IMS:JKH:11 -14-62 �.
AN ORDINANCE
ORDERING AN ELECTION TO BE HELD ON THE 15TH DAY OF DECEMBER,
1962, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO THE
QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION
OF WHETHER OR NOT THE CITY COUNCIL SHALL ENACT AN ORDINANCE
GRANTING TO HARRINGTON AND CORTELYOU A LEASE ON A PORTION
OF THE FORMER CLIFF MAUS AIRPORT PROPERTY FOR CONSTRUCTING
AND OPERATING A GOLF COURSE, SAID LEASE TO BE FOR A TERM OF
THIRTY (303 YEARS FROM AND AFTER THE EFFECTIVE DATE THEREOF
FOLLOWING FINAL PASSAGE OF SUCH ORDINANCE AS PROVIDED BY THE
TERMS OF THE CITY CHARTER, A COPY OF SAID LEASE, EXCEPT AS TO
THE DATE OF EXECUTION AND EFFECTIVE DATES, BEING ATTACHED
HERETO AND MADE A PART HEREOF; DESIGNATING THE PLACES FOR
HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRO-
VIDING FOR NOTICE OF ELECTION; ENACTING PROVISIONS INCIDENT
TO AND RELATING TO THE HOLDING OF SUCH ELECTION AND THE
RETURNS THEREOF; AND DECLARING AN EMERGENCY.
WHEREAS) BY ORDINANCE No. 6613 OF THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, AN AGREEMENT WAS AUTHORIZED BETWEEN THE CITY AND
HARRINGTON AND CORTELYOU, WHICH AGREEMENT HAS BEEN EXECUTED AND IS IN
EFFECT, AND PROVIDES BY ITS TERMS FOR THE CALLING OF AN ELECTION TO BE
HELD PRIOR TO DECEMBER 18, 1962, IN THE EVENT OF THE PRESENTMENT OF PRE-
LIMINARY PLANS BY THE SAID HARRINGTON AND CORTELYOU; AND
WHEREAS, PRELIMINARY PLANS HAVE BEEN PRESENTED IN ACCORDANCE
WITH SAID AGREEMENT AND HAVE BY A RESOLUTION, DATED NOVEMBER 7, 1962,
BEEN APPROVED BY THE CITY COUNCIL AND IN ACCORDANCE WITH SAID AGREEMENT
THE PROPOSITION OF GRANTING SUCH LEASE SHOULD BE SUBMITTED TO AN ELECTION
OF THE QUALIFIED VOTERS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT AN ELECTION SHALL BE HELD IN THE CITY OF CORPUS
CHRISTI ON THE 15TH DAY OF DECEMBER, 1962, FOR THE PURPOSE OF SUBMITTING
TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF
WHETHER OR NOT THE CITY COUNCILSIOULD ENACT AN ORDINANCE GRANTING TO
HARRINGTON AND CORTELYOU A LEASE ON A PORTION OF THE FORMER CLIFF MAUS
AIRPORT PROPERTY WHICH AREA 15 MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT:
6697
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, GUGENHEIM
AND COHN FARM LOTS OUT OF SECTION 5, RANGE 9, KINNEY
LANDS AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE
53, MAP RECORDS OF NUECES COUNTY, TEXAS;
THENCE 5.89° 56' 50^ W. WITH THE SOUTH BOUNDARY LINE OF
SAID LOT 1, A DISTANCE OF 673.44 FEET TO A POINT, SAID
POINT BEING THE BEGINNING POINT OF THE TRACT HEREIN
DESCRIBED;
THENCE S.89' 561 50^ W. A DISTANCE OF 2424.51 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE N. 57° o1' 4511 W. A DISTANCE OF 23.08 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE IN A WESTERLY DIRECTION ALONG THE ARC OF A CIRCULAR
CURVE TO THE LEFT HAVING A RADIUS OF 417. 3 FEET AND A CEN-
TRAL ANGLE OF 33° 011 25" A DISTANCE OF 2+0.54 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE S. 89° 561 50° W. A DISTANCE OF 494.61 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF A CIR-
CULAR CURVE TO THE RIGHT HAVING A RADIUS OF 448.43 FEET AND
A CENTRAL ANGLE OF 540 291 3011 A DISTANCE OF 426.48 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE N. 35° 341 30° W. A DISTANCE OF 111.34 FEET TO A
POINT FOR A CORNER OF THIS TRACT; _
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A
CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 20 FEET AND
A CENTRAL ANGLE DF 87° 451 58^ A DISTANCE OF 30.64 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A CIR-
CULAR CURVE TO THE LEFT HAVING A RADIUS OF 57h8{q�.65 FEET AND
A CENTRAL ANGLE OF 8° 53' 42° A DISTANCE OF 090.83 FEET TO
A POINT. SAID CURVE BEING ALONG THE SOUTHEAST RIGHT OF WAY
LINE OF OLD BROWNSVILLE ROAD;
THENCE N. 43° o61 20° E. WITH THE SOUTHEAST RIGHT OF WAY
LINE OF OLD BROWNSVILLE ROAD A DISTANCE OF 4096.99 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE IN AN EASTERLY DIRECTION ALONG THE ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 478.86 FEET AND A
CENTRAL ANGLE OF 230 351 3011 A DISTANCE OF 197.17 FEET TO A
POINT;
THENCE N. 66° 411 50° E. A DISTANCE OF344.36 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 80 FEET AND A CENTRAL
ANGLE OF 113° 151 A DISTANCE OF 158.13 FEET TO A POINT FOR
A CORNER OF THIS TRACT;
THENCE S. 0° 031 1011 E. A DISTANCE OF 3696.65 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE IN A SOUTHWESTERLY DIRECTION WITH THE ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 460 FEET AND A CENTRAL
ANGLE OF 90° A DISTANCE OF 722.57 FEET TO THE PLACE OF BEGINNING
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CONTAINING 222.37 ACRES, MORE OR LESS, ALL AS SHOWN BY THE
MAP OR PLAT ON FILE IN THE OFPr CE OF THE CITY SECRETARY,
WHICH LEASE AGREEMENT SHALL BE IN THE FORM PROVIDED IN SAID AGREEMENT OF
AUGUST 29, 1962, AND WHICH LEASE, EXCEPT FOR DATE OF EXECUTION AND EFFECTIVE
DATE, IS IN WORDS AND FIGURES SUBSTANTIALLY AS FOLLOWS:
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r LEASE
THE STATE OF TEXAS
COUNTY OF NUECES
THIS LEASE IS EXECUTED IN DUPLICATE THIS DAY OF
196_, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN BY
AND THROUGH ITS CITY MANAGER, HEREUNTO DULY AUTHORIZED, HEREINAFTER CALLED
"CITY", AND HARRINGTON & CORTELYOU, A PARTNERSHIP CONSISTING OF FRANK M.
CORTELYOU, E. M. NEWMAN AND F. M. CORTELYOU, JR., HEREINAFTER CALLED "LESSEE",
WITNES5ETH:
THAT FOR AND IN CONSIDERATION OF THE RENT TO BE PAID BY LESSEE
AND THE CONSTRUCTION OF GOLF COURSE AND OTHER IMPROVEMENTS AND SURRENDER
OF THE SAME AT THE TERMINATION OF THE LEASE AND THE OTHER CONSIDERATIONS
GIVEN BY THE LESSEE HEREIN, CITY HEREBY LEASES TO THE LESSEE, AND LESSEE
HIRES FROM THE CITY, THE FOLLOWING PREMISES, TO -WIT:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, GUGENHEIM
AND COHN FARM LOTS OUT OF SECTION 5, RANGE 9, KINNEY
LANDS AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE
531 MAP RECORDS OF NUECES COUNTY, TEXAS;
THENCE S. 89° 561 5011 W. WITH THE SOUTH BOUNDARY LINE OF
SAID LOT 1, A DISTANCE OF 673.44 FEET TO A POINT, SAID
POINT BEING THE BEGINNING POINT OF THE TRACT HEREIN DESCRIBED;
THENCE S. 89' 56° 5011 W. A DISTANCE OF 2424.51 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE N. 57' 011 4511 W. A DISTANCE OF 23.08 FEET TO A
POINT FOR A CORNER OF THIS TRACT
THENCE IN A WESTERLY DIRECTION ALONG THE ARC OF A CIRCULAR
CURVE TO THE LEFT HAVING A RADIUS OF 417.33 FEET AND A CEN-
TRAL ANGLE OF 33' 011 2511 A DISTANCE OF 240.54 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE s. 89' 56' 5011 W. A DISTANCE OF 494.61 FEET TO A
POINT FOR A CORNER OF THIS TRACT; _
•
THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF A
CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 448.43
FEET AND A CENTRAL ANGLE OF 54° 29' 30° A DISTANCE OF
426.48 FEET TO A POINT FOR A CORNER OF THIS TRACT;
THENCE N. 35° 341 30" W. A DISTANCE OF 111.34 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A .
CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 20 FEET AND
A CENTRAL ANGLE OF 87° 45' 5811 A DISTANCE OF 30.64 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A CIR-
CULAR CURVE TO THE LEFT HAVING A RADIUS OF 5778{q�.65 FEET AND
A CENTRAL ANGLE OF 8° 539 4211 A DISTANCE OF 090.83 FEET TO
A POINT. SAID CURVE BEING ALONG THE SOUTHEAST RIGHT OF WAY
LINE OF OLD BROWNSVILLE ROAD;
THENCE N. 43° 061 2011 E. WITH THE SOUTHEAST RIGHT OF WAY
LINE OF OLD BROWNSVILLE ROAD A DISTANCE OF 4096.99 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE IN AN EASTERLY DIRECTION ALONG THE ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 478„86 FEET AND A
CENTRAL ANGLE OF 23° 351 3011 A DISTANCE OF 197.17 FEET TO
A POINT;
THENCE N. 66° 411 501 E. A DISTANCE OF 344.36 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
.THENCE. IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 80 FEET AND A CENTRAL
ANGLE OF 1130 159 A DISTANCE OF 158.13 FEET TO A POINT FOR A
CORNER OF THIS TRACT;
THENCE S. 0° 031 10" E. A DISTANCE OF 3696.65 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE IN A SOUTHWESTERLY DIRECTION WITH THE ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 460 FEET AND A CENTRAL
ANGLE OF 90° A DISTANCE OF 722.57 FEET TO THE PLACE OF BEGINNING;
CONTAINING 222.37 ACRES, MORE OR LESS, ALL AS SHOWN BY THE
MAP OR PLAT ON FILE IN THE OFFICE OF THE CITY SECRETARY.
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TO HAVE AND TO HOLD THJSAIDiPREMISES UNTO LESSEE, SUBJECT TO
THE CONDITIONS AND COVENANTS HEREIN CONTAINED, FOR THE TERM OF YEARS HERE-
. INAFTER SPECIFIED.
THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
ARTICLE I.
TERM OF LEASE
THIS LEASE SHALL BE FOR A TERM OF THIRTY (30) YEARS, BEGINNING
THE DAY OF , 1963, AND TERMINATING AT MIDNIGHT ON
THE DAY OF , 1993. UPON THE COMPLETION OF THE
CONSTRUCTION OF EACH OF THE IMPROVEMENTS LISTED AND DESCRIBED AS MANDATORY
ITEMS UNDER ARTICLE II, PARAGRAPH A, EACH SUCH IMPROVEMENT WHICH IS OF A
FIXED NATURE, EXCEPT BUILDINGS, SHALL BE AND BECOME THE PROPERTY OF CITY.
UPON THE COMPLETION OF THE CONSTRUCTION OF EACH OF THE IMPROVEMENTS LISTED
AND DESCRIBED AS OPTIONAL. ITEMS UNDER ARTICLE II, PARAGRAPH B, EACH SUCH
IMPROVEMENT WHICH IS OF A. Fe XED NATURE, EXCEPT BUILD!NGS, SHALL BE AND
BECOME THE PROPERTY OF CITY. UPON THE TERMINATION OF THIS LEASE, ALL
BUILDINGS RETAINED OR CONSTRUCTED BY LESSEE ON THE LEASED PREMISES UNDER
THE PROVISIONS HEREOF, SHALL BE AND BECOME THE PROPERTY OF CITY.
ARTICLE II.
PURPOSE AND IMPROVEMENTS
THE PURPOSE OF THIS LEASE IS TO PROVIDE FOR THE CONSTRUCTION AND
OPERATION OF A PUBLIC GOLF COURSE AND APPURTENANCES, WHICH LESSEE AGREES TO
D0, AND THE LAND AND PREMISES COVERED HEREBY SHALL BE USED ONLY FOR SUCH
PURPOSES UNLESS CONSENT TO ANY OTHER USE IS OBTAINED FROM THE CITY COUNCIL
OF CITY BY ORDINANCE.
A MINIMUM EXPENDITURE OF $200,000.00 WILL BE MADE BY LESSEE IN
CONSTRUCTING THE GOLF COURSE AND OTHER IMPROVEMENTS LISTED AND DESCRIBED
AS MANDATORY ITEMS UNDER PARAGRAPH A OF THIS ARTICLE II. CONSTRUCTION OF
THE MANDATORY ITEMS SHALL BE STARTED IN ACCORDANCE WITH THE TERMS OF THIS
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I I
AGREEMENT NOT LATER THAN SIXTY (60) DAYS AFTER THE APPROVAL OF FINAL PLANS
AND SPECIFICATIONS AND SHALL PROCEED WITH DUE DILIGENCE THEREAFTER UNTIL
COMPLETED BUT THE SAID MANDATORY ITEMS SHALL IN ANY EVENT BE COMPLETED
WITHIN TWO (2) YEARS AND SIXTY (60) DAYS FROM THE DATE OF APPROVAL OF
FINAL PLANS AND SPECIFICATIONS.
A. MANDATORY ITEMS. IN THE INITIAL CONSTRUCTION OF IMPROVEMENTS
LESSEE COVENANTS THAT IT WILL CONSTRUCT THE FOLLOWING:
1. CHAMPIONSHIP 18 -HOLE GOLF COURSE. A CHAMPIONSHIP 18 -HOLE
GOLF COURSE WILL BE CONSTRUCTED ON THE LEASED PREMISES, THE DESIGN AND SUB-
SEQUENT CONSTRUCTION OF ALL FEATURES OF WHICH SHALL BE EQUAL TO OTHER
SIMILAR COURSES IN THE TEXAS AREA. THE DESIGN SHALL INCORPORATE A TOTAL
MINIMUM YARDAGE OF 6800 YARDS; THE PAR SHALL BE 72; THE GREENS SHALL EACH
CONTAIN A MINIMUM AREA OF 6000 SQUARE FEET; THE LAYOUT AND CONSTRUCTION SHALL
CONFORM WITH BEST PRACTICES AND WITH APPLICABLE U. S. GOLF ASSOCIATION RECOM-
MENDATIONS. IN THE CONSTRUCTION OF THE GOLF COURSE PROVISON WILL BE MADE
FOR OPERATION OF ELECTRIC OR GASOLINE GOLF CARTS. PLANNING SHALL INCLUDE
SURFACED CART ROUTES TO PROTECT HEAVILY TRAVELED LOCATIONS AND TO DIVERT
CARTS FROM INVADING THE GREENS AREA.
2. PRACTICE DRIVING RANGE. A LIGHTED PRACTICE TEE AND
FAIRWAY WITH PROVISION FOR THIRTY (30) TEE SPACES WILL BE CONSTRUCTED ON
THE LEASED PREMISES. DESIGN OF THIS FACILITY SHALL INCLUDE PROVISION FOR
INCREASING THE CAPACITY TO NINETY (90) TEE POSITIONS IF SPACE REQUIREMENTS
WILL PERMIT.
3. BUILDINGS. A CLUB HOUSE BUILDINGS WHICH WILL INCLUDE
RESTROOMS AND FACILITIES FOR A PRO -SHOP AND FOR SALE OF FOOD AND REFRESH-
MENTS WILL BE CONSTRUCTED ON THE LEASED PREMISES, A BUILDING FOR MAIN-
TENANCE EQUIPMENT AND FOR STORAGE SHALL ALSO BE PROVIDED OR EXISTING
BUILDINGS CONVERTED TO SUCH USE. A SURFACED ENTRANCE SHALL BE PROVIDED
TO THE CLUB HOUSE AREA AND SURFACED PARKING AREA TO ACCOMODATE 200 CARS
SHALL BE PROVIDED AS CLOSE TO THE CLUB HOUSE AS POSSIBLE. PROVISION FOR
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OVERFLOW PARKING SHALL BE MADE AS CONVENIENT AS POSSIBLE. EXISTING
BUILDINGS ON THE LEASED PREMISES NOT REQUIRED FOR THE GOLF COURSE USE
SHALL REMAIN THE PROPERTY OF CITY AND SHALL BE REMOVED FROM THE LEASED
PREMISES BY CITY.
4. WATER SYSTEM. A PERMANENT WATERING SYSTEM WILL BE
PROVIDED FOR ALL TEES, FAIRWAYS AND GREENS. THE SYTEM SHALL BE DESIGNED
EVENTUALLY TO FUNCTION AS AN AUTOMATIC SYSTEM WITH ALL POSSIBLE ELEMENTS
OF THAT TYPE OF DESIGN CONSTRUCTED IN THE INITIAL CONSTRUCTION. INITIAL
OPERATION AS AN AUTOMATIC SYSTEM 1.5 NOT REQUIRED, BUT THE DESIGN SHALL
BE SUCH THAT CONVERSION CAN BE MADE TO AN AUTOMATIC SYSTEM. IT IS ANTICI-
PATED THAT EFFLUENT FROM THE WESTSIDE SEWAGE TREATMENT PLANT LOCATED AT
OR NEAR THE INTERSECTION OF SARATOGA BOULEVARD AND GREENWOOD DRIVE MAY
BE USED ON THE GOLF COURSE AND, FOR THIS PURPOSES CITY SHALL MAKE AVAIL-
ABLE, WITHOUT COST TO THE LESSEE, EFFLUENT FROM THE SAID PLANT IN THE
MAXIMUM AMOUNT OF ONE MILLION GALLONS PER DAY FOR TRANSPORT TO AND USE
ON THE GOLF COURSE. A RIGHT -OF -WAY CONNECTING GOLF COURSE AND SEWAGE
PLANT FOR CONSTRUCTION, MAINTENANCE, OPERATION AND REPAIR OF A PIPE LINE
AND A SUFFICIENT AREA AT THE SEWAGE PLANT FOR CONSTRUCTION, OPERATION
MAINTENANCE AND REPAIR OF PUMPING FACILITIES SHALL BE MADE AVAILABLE BY
CITY ALONG PUBLIC ROADS AND/OR PIPE LINE RIGHT -OF -WAY EASEMENTS OWNED BY
CITY, WITHOUT COST TO LESSEE. LESSEE SHALL HAVE THE RIGHT TO CONSTRUCT
OPERATE] MAINTAIN AND REPAIRS AT ITS OWN EXPENSE] A PIPE LINE FROM SUCH
WESTSIDE SEWAGE TREATMENT PLANT ALONG SUCH RIGHT -OF -WAY TO THE GOLF
COURSE, BUT IS NOT OBLIGATED TO DO SO IF LESSEE CAN SECURE A SUFFICIENT
QUANTITY OF WATER FOR USE ON THE GOLF COURSE BY A MORE ECONOMICAL MEANS.
IF A PIPE LINE IS CONSTRUCTED FROM THE WESTSIDE SEWAGE TREATMENT PLANT
TO THE LEASED PREMISES AND CITY DESIRES TO USE SAID PIPE LINE FOR WATERING
OF OTHER CITY -OWNED LANDS CITY SHALL HAVE THE RIGHTS TO BE EXERCISED
BY NOTICE IN WRITING TO LESSEE PRIOR TO APPROVAL OF FINAL PLANS AND
SPECIFICATIONS OR WITHIN SIXTY (60) DAYS FROM THE BEGINNING OF THE TERM
OF THIS LEASE, WHICHEVER DATE FIRST OCCURS, TO PAY THE DIFFERENCE BETWEEN
THE COST OF THE PIPE LINE AND PUMPING SYSTEM PROPOSED BY LESSEE FOR THE
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s
WATERING OF LEASED PREMISES AND THE COST OF THE PIPE LINE AND PUMPING
SYSTEM OF SUCH SIZE AS CITY DESIRES AND TO REQUIRE THAT SAID PIPE LINE
AND PUMPING SYSTEM BE BUILT TO SUCH SIZE AS CITY DESIRES. IN LIEU
THEREOF, CITY AND LESSEE MAY, BY MUTUAL AGREEMENTS PROVIDE FOR JOINT
USE OF THE PIPE LINE AND PUMPING SYSTEM BUILT HEREUNDER BY LESSEE.
SUCH PIPE LINE AND PUMPING FACILITIES SHALL BE CONSIDERED AN IMPROVEMENT
OF A FIXED NATURE AND SHALL BECOME AND REMAIN THE PROPERTY OF THE CITY
AT THE COMPLETION OF CONSTRUCTION OF THE SAME OR AT THE COMPLETION OF
THE CONSTRUCTION OF ALL IMPROVEMENTS LISTED AND DESCRIBED AS MANDATORY
ITEMS PROVIDED FOR IN THIS PARAGRAPH A OF ARTICLE II, WHICHEVER IS THE
LATER. IF A PIPE LINE AND PUMPING SYSTEM LARGER THAN THAT PROPOSED BY
LESSEE IS CONSTRUCTED UPON THE DEMAND OF CITY, OR IF CITY AND LESSEE
ENTER INTO A MUTUAL AGREEMENT FOR JOINT USE OF THE PIPE LINE BUILT
HEREUNDER BY LESSEE, LESSEE SHALL MAINTAIN AND OPERATE THE SAME BUT
CITY WILL SHARE THE COST OF MAINTENANCE AND OPERATION PRO RATA TO THE
AMOUNT OF WATER USED BY CITY AND LESSEES RESPECTIVELY. IFS DURING THE
TERM OF THIS LEASE, CITY SHOULD REQUIRE THAT SAID PIPE LINE, OR ANY
ONE OR MORE PIPES THEREOF, BE SHIFTED OR ADJUSTED (INCLUDING THE RAISING
OR LOWERING THEREOF), BECAUSE OF THE CONSTRUCTION OF ANY SEWERS, STREETS
OR OTHER PUBLIC WORKS3 LESSEE SHALL PROMPTLY SHIFT OR ADJUST SUCH PIPE
LINE, AT ITS OWN EXPENSE, AS AND WHEN REQUIRED BY CITY.
B. OPTIONAL ITEMS. IN ADDITION TO THE FOREGOING IMPROVEMENTS
WHICH LESSEE COVENANTS AND AGREES TO CONSTRUCT AND OPERATE, LESSEE SHALL
HAVE THE OPTION TO CONSTRUCT AND OPERATE THE FOLLOWING:
1. AN ADDITIONAL MODIFIED NINE -HOLE SHORT COURSE TO HAVE
PROVISION FOR OPERATION OF ELECTRIC OR GASOLINE CARTS.
2. A PRACTICE PUTTING GREEN.
PRELIMINARY PLANS SHALL INCLUDE PROVISIONS FOR THE PRACTICE
PUTTING GREEN, THE MODIFIED NINE -HOLE SHORT COURSE, AND SPACE SHALL BE
RESERVED TO ALLOW CONSTRUCTION OF THE SAME UNLESS OTHERWISE AGREED BY
CITY AND LESSEE. IF LESSEE ELECTS TO CONSTRUCT ANY OF SUCH ADDITIONAL
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FACILITIES DURING THE TERM OF THIS LEASE AS HEREINAFTER PROVIDED] FINAL PLANS,
OR SUBSEQUENT PLANS PREPARED AS FINAL PLANS, FOR CONSTRUCTION SHALL BE SUB-
MITTED TO AND APPROVED BY CITY IN THE SAME MANNER AS FINAL PLANS ARE SUBMITTED
AND APPROVED FOR INITIAL CONSTRUCTION OF THE 18 -HOLE GOLF COURSE AND OTHER
INITIAL IMPROVEMENTS. ANY CHANGE IN THE NEED FOR CERTAIN FACILITIES OR RE-
QUIREMENTS FOR A DIFFERENT TYPE OF INSTALLATION DEVELOPED AS THE RESULT OF
OPERATING EXPERIENCE AND NOT SPECIFICALLY HEREIN DESCRIBED MAY BE CONSIDERED
AND AGREED UPON BY LESSEE AND CITY. THE RETIREMENT OF AN EXISTING INSTALLATION
OR CONSTRUCTION OF A NEW ONE SHALL BE SUBJECT TO REQUIREMENTS FOR PLANS AND
APPROVAL PRIOR TO SUCH ACTION.
IF LESSEE DOES NOT CONSTRUCT ANY ONE OR MORE OF THE OPTIONAL ITEMS
HEREINABOVE MENTIONED ON OR BEFORE THE 1ST DAY OF JUNE, 1975, THIS LEASE SHALL
TERMINATE ON THAT DATE AS TO THAT PORTION OF THE LEASED PREMISES RESERVED ON
THE APPROVED PRELIMINARY PLANS FOR THE OPTIONAL ITEM OR ITEMS WHICH ARE NOT
THEN CONSTRUCTED.
C. THE GOLF COURSE AND THE OTHER IMPROVEMENTS PROVIDED FOR HEREIN
SHALL EQUALLY BE AVAILABLE TO ALL MEMBERS OF THE PUBLIC WITHOUT DISCRIMINA-
TION.
ARTICLE III
PLANS
A. PRELIMINARY PLANS TO ILLUSTRATE ANDEEVELOP THE GENERAL FEATURES
OF THE IMPROVEMENTS TO BE CONSTRUCTED BY LESSEE HAVE HERETOFORE BEEN PROVIDED
AND AGREED UPON BY CITY AND LESSEE. SUCH PRELIMINARY PLANS INDICATE THE
LOCATION OF EACH OF THE FEATURES PROPOSED, BOTH PRESENT AND FUTURE, AND THE
GENERAL EXTENT OF EACH AND THE IMPROVEMENTS TO BE PLACED ON THE LEASED PREMISES
SHALL CONFORM TO THE PRELIMINARY PLANS UNLESS CHANGE IS AGREED UPON BY CITY
AND LESSEE.
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B- FINAL PLANS AND SPECIFICATIONS FOR CONSTRUCTING THE FACILI-
TIES SHALL BE PREPARED WITH REASONABLE DILIGENCE AFTER THE BEGINNING OF
THE TERM OF THIS LEASE. THE FINAL PLANS SHALL BE IN SUFFICIENT DETAIL
TO PERMIT CONSTRUCTION IN ACCORDANCE WITH THE APPROVED GENERAL FEATURES
AND THE SPECIFICATIONS SHALL BE IN SUFFICIENT DETAIL TO PROVIDE FOR
ADEQUATE CONTROL OF MATERIALS AND PROCESSES WHICH CONFORM WITH GOOD
PRACTICE AND MEET CITY CODE REQUIREMENTS WHERE APPLICABLE. IF FINAL
PLANS COVERING THE LAYOUT OF THE COURSE ARE SUBSTANTIALLY THE SAME AS
PRELIMINARY PLANS PREVIOUSLY APPROVED, THE FINAL PLANS WILL BE APPROVED.
APPROVAL OF FINAL PLANS WILL NOT BE UNREASONABLY WITHHELD AND IF APPROVAL
CANNOT BE REACHED LESSEE SHALL HAVE THE OPTION TO CANCEL THIS LEASE.
C. WHEREVER IN THIS LEASE PROVISION IS MADE FOR ''APPROVAL"
OR "REVIEW AND APPROVAL" SUCH "APPROVAL" OR "REVIEW AND APPROVAL" SHALL
BE MADE BY THE CITY MANAGER WHO IS HEREBY DESIGNATED AS THE REPRESENTATIVE
OF CITY TO WHOM ALL SUBMISSIONS REQUIRING PRIOR APPROVAL SHALL BE MADE
BEFORE CONSTRUCTION 15 STARTED. PLANS AND SPECIFICATIONS SHALL BE STAMPED
OR NOTED AS "APPROVED" AND SHALL BECOME A PART OF THIS CONTRACT AS A RECORD
OF THE CONSTRUCTED FACILITY. DUPLICATE COPIES SHALL BE SUBMITTED FOR
APPROVAL SIGNATURE IN ORDER THAT CITY AND LESSEE MAY EACH HAVE THE RECORD.
ARTICLE IV.
CONSTRUCTION
ALL CONSTRUCTION PERFORMED BY LESSEE UNDER THIS LEASE SHALL
CONFORM TO THE PROVISIONS OF THE APPROVED PLANS AND SPECIFICATIONS AND
NO CONSTRUCTION .SHALL BE UNDERTAKEN UNTIL AGREEMENT AND APPROVALS AS
PREVIOUSLY OUTLINED, IS REACHED. INSPECTION OF THE CONSTRUCTION PROCESSES
MAY BE MADE BY THE DIRECTOR OF PUBLIC WORKS OF CITY OR HIS REPRESENTATIVES.
IN CASE OF DISAGREEMENT WITH REGARD TO COMPLIANCE WITH APPROVED PLANS,
CITY'S AGENT SHALL ADVISE THE LESSEE IN WRITING OF A DEFICIENCY CLAIMED.
IF THE CLAIMED DEFICIENCY IS NOT CORRECTED BY LESSEE WITHIN THRITY (30)
DAYS, OR WITHIN AN APPROPRIATE PERIOD AS MAY BE OTHERWISE AGREED, THE
IQ
MATTER SHALL BE SUBMITTED TO A COMPETENT ARBITRATOR OR ARBITRATORS AGREED
UPON BY THE CITY AND LESSEE. UPON A DECISION BY ARBITRATION REQUIRING COM-
PLIANCE BY THE LESSEE, THE DEFICIENCY SHALL BE REMEDIED WITHIN A THIRTY (30)
DAY PERIOD. LESSEE SHALL FURNISH TO CITY A SET OF "AS CONSTRUCTED" PLANS
UPON THE COMPLETION OF CONSTRUCTION, BUT OWNERSHIP OF PLANS AND SPECIFICA-
TIONS SHALL REMAIN IN LESSEE UNTIL THE TERMINATION OF THE LEASE.
IT IS CONTEMPLATED THAT IN THE CONSTRUCTION OF IMPROVEMENTS
HEREUNDER, LESSEE SHALL NEED TO REMOVE ALL OR PORTIONS OF THE RUNWAYS, PARK-
ING RAMPS AND OTHER OLD AIRPORT FACILITIES LOCATED ON THE LEASED PREMISES
AND LESSEE IS AUTHORIZED TO REMOVE) DISPOSE OFD OR PUT TO ITS USE ALL OF THE
SAME, EXCEPT BUILDINGS, THE PROVISION FOR USE AND DISPOSITION OF WHICH IS
OTHERWISE PROVIDED FOR HEREIN.
ARTICLE V.
CONSIDERATION
AS CONSIDERATION FOR THE USE OF THE LEASED PREMISES ON WHICH THE
GOLF COURSE FACILITIES WILL BE CONSTRUCTED AND OPERATED DURING THE TERM OF
THIS LEASE, IN ADDITION TO THE SURRENDER TO THE CITY OF ALL FIXED IMPROVEMENTS
AS HEREINABOVE PROVIDED LESSEE SHALL PAY TO CITY THE FOLLOWING SCHEDULE OF
PAYMENTS;
$1.00 FOR EACH OF THE FIRST FIVE YEARS OF THE TERM.
3% OF GREENS FEES FOR THE SECOND FIVE YEAR PERIOD
OF THE TERM.
5% OF GREENS FEES FOR THE THIRD FIVE YEAR PERIOD OF
THE TERM.
7� OF GREENS FEES FOR THE FOURTH FIVE YEAR PERIOD OF
THE TERM.
10% OF GREENS FEES FOR THE LAST TEN YEARS OF THE TERM.
THE PERCENTAGE PAYMENTS TO BE MADE BY LESSEE SHALL BE BASED UPON THE GROSS
INCOME FROM GREENS FEES, OR OTHER CONSIDERATIONS, IF ANY, RECEIVED BY LESSEE
IN LIEU OF GREENS FEES, FROM THE CHAMPIONSHIP 18 -HOLE COURSE AND FROM THE
MODIFIED 9 -HOLE SHORT COURSE, IF CONSTRUCTED. OTHER SOURCES OF REVENUE SHALL
NOT BE INCLUDED IN OR SUBJECT TO SUCH PERCENTAGE PAYMENTS.
-9-
a
I I
PERCENTAGE PAYMENTS DUE TO CITY HEREUNDER AND THE ACCOMPANYING
REPORTS SHALL BE MADE ON OR BEFORE JANUARY 15, APRIL 15, JULY 15, AND
OCTOBER 15 IN EACH APPLICABLE YEAR DURING THE TERM OF THIS LEASE AND
SHALL COVER THE PERIOD OF OPERATION OF THE THREE (3) CALENDAR MONTHS
NEXT PRECEDING THE MONTH IN WHICH THE PAYMENT AND REPORT IS MADE. AT
THE EXPIRATION OF THE TERM SIMILAR PAYMENT AND REPORT SHALL BE MADE TO
COVER THE PERIOD BETWEEN THE LAST SUCH REGULAR REPORT AND END OF THE
TERM.
LESSEE SHALL KEEP ACCURATE RECORDS AND ACCOUNTS OF ALL OPERA-
TIONS AND ALL INCOME AND EXPENSES, INCLUDING CAPITAL EXPENDITURES, IN
ACCORDANCE WITH THE FORM PRESCRIBED BY CITY. CITY SHALL HAVE THE RIGHT
TO EXAMINE AND AUDIT SUCH ACCOUNTS AND RECORDS AT ANY TIME DURING REGULAR
BUSINESS HOURS. TO COMPLY WITH THE PROVISIONS OF ARTICLE VIII, SECTION
6 OF THE CITY CHARTER, LESSEES ACCOUNTS SHALL BE KEPT IN ACCORD WITH
A FORM OF ACCOUNTING RECORDS PRESCRIBED BY CITY AT TIME OF EXECUTION
AND DELIVERY OF THIS LEASE. ANNUAL AUDITS SHALL BE MADE WHICH SHALL BE
IN SUCH FORM AND CONTAIN SUCH INFORMATION AS IS INCLUDED IN THE FORM
PRESCRIBED BY THE CITY COUNCIL OF CITY AT TIME OF EXECUTION AND DELIVERY
OF THIS LEASE.
IT IS CONTEMPLATED THAT LESSEE SHALL BE SUBJECT TO AD VALOREM
TAXATION UPON THE BUILDINGS WHICH REMAIN ITS PROPERTY DURING THE TERM
OF THIS LEASE AND UPON ALL PERSONAL PROPERTY OWNED BY LESSEE AND USED
ON OR IN CONNECTION WITH THE LEASED PREMISES. LESSEE COVENANTS TO PAY
SUCH AD VALOREM TAXES AS MAY BE LAWFULLY ASSESSED AGAINST SUCH BUILDINGS
AND PERSONAL PROPERTY.
ARTICLE VI.
POSSESSION AND MAINTENANCE
LESSEE SHALL HAVE SOLE POSSESSION OFD AND RESPONSIBILITY FOR
MAINTENANCE OFD THE LEASED PREMISES, INCLUDING ALL IMPROVEMENTS CONSTRUCTED
(Sm
THEREON AND THE PIPE LINE AND PUMPING SYSTEM DESCRIBED IN ARTICLE 11,
PARAGRAPH A 6. CITY SHALL HAVE THE RIGHT TO INSPECT THE AREA AND TO
IMPOSE REASONABLE REGULATIONS TO INSURE PROPER CARE, MAINTENANCE, AND
UPKEEP OF THE LEASED PROPERTY. THE DEGREE OF MAINTENANCE SHALL BE IN
KEEPING WITH OTHER PUBLIC COURSES IN THE GENERAL AREA. CITY THROUGH
ITS DIRECTOR OF PARK AND RECREATION, SHALL HAVE THE RIGHT TO REQUIRE
THAT THE LEASED PREMISES AND IMPROVEMENTS THEREON MEET GENERAL STANDARDS
FOR OTHER GOLF COURSES OPEN TO PUBLIC USE IN THE AREA.
ARTICLE VII.
OPERATION
A. IN ITS OPERATIONS ON THE LEASED PREMISES, LESSEE SHALL
OBSERVE ALL FEDERAL, STATE AND CITY LAWS APPLICABLE TO SAFETY AND THE
PROTECTION OF HEALTH, WELFARE AND MORALS OF THE PUBLIC.
B. LESSEE SHALL MEET ALL REQUIREMENTS OF THE CITY AND STATE
HEALTH DEPARTMENTS COVERING THE HANDLING AND DISPENSING OF FOOD AND
BEVERAGES. ADEQUATE TOILET FACILITIES IN ACCORDANCE WITH SPECIFICATIONS
SHALL BE PROVIDED AT THE CLUB HOUSE. REFUSE AND GARBAGE SHALL BE HANDLED
AS PROVIDED BY CITY ORDINANCES.
C. LESSEE AGREES TO PAY ALL PUBLIC UTILITY BILLS FOR ELECTRI-
CITY, GAS AND WATER CONSUMED WITHIN THE AREA COVERED BY THIS LEASE AND
TO PROCURE AT ITS EXPENSE ALL .METERS AND PERMITS NECESSARY FOR MAKING
CONNECTIONS AND CONTINUING THE SERVICE.
ARTICLE VIII.
INSURANCE
DURING THE TERM OF THIS LEASES LESSEE SHALL PROCURE AND KEEP
IN FORCE, OR SHALL WHERE APPROPRIATE REQUIRE LESSEES CONTRACTORS AND
SUB - CONTRACTORS TO PROCURE AND KEEP IN FORCE, THE FOLLOWING INSURANCE:
A. WORKMEN'S COMPENSATION INSURANCE - PROTECTING ALL EMPLOYEES
OF LESSEE AND EMPLOYEES OF ITS CONTRACTORS OR SUB- CONTRACTORS DURING THE
I
PERIOD OF CONSTRUCTION. THEREAFTER LESSEE SHALL PROVIDE WORKMEN'S COM-
PENSATION INSURANCE TO COVER ITS EMPLOYEES USED IN OPERATION OF THE GOLF
COURSE DURING THE TERM OF THIS LEASE.
B. LIABILITY AND PROPERTY DAMAGE INSURANCE - WITH LIMITS, AS
TO PERSONAL INJURY AND DEATH, OF $100,000.00 AS TO EACH PERSON AND $300,000.00
AS TO EACH ACCIDENT, AND AS TO PROPERTY DAMAGE, OF $10,000.00. SUCH
INSURANCE SHALL BE ON TEXAS STANDARD FORM AND SHALL NAME BOTH LESSEE
AND CITY AS ASSUREDS. SUCH INSURANCC SHALL BE MADE EFFECTIVE PRIOR TO
THE BEGINNING OF CONSTRUCTION AND SHALL COVER CONSTRUCTION AND, THEREAFTER;
OPERATION OF THE IMPROVEMENTS ON THE LEASED PREMISES.
C. FIRE AND EXTENDED COVERAGE INSURANCE - ON TEXAS STANDARD
FORM COVERING ALL BUILDINGS CONSTRUCTED OR USED BY LESSEE DURING THE
TERM OF THIS LEASE IN AN AMOUNT EQUAL TO AT LEAST EIGHTY PER CENT (80 %)
OF THE FULL INSURABLE VALUE OF SUCH BUILDINGS ABOVE FOUNDATIONS. SUCH
INSURANCE POLICIES SHALL BE ISSUED IN THE JOINT NAMES OF CITY AND LESSEE
AND SHALL BE PAYABLE TO CITY; LESSEE AND TO ANY MORTGAGEES IF ANY, AS
THEIR RESPECTIVE INTERESTS MAY APPEAR.
D. DUPLICATE ORIGINALS OR CERTIFICATES OF ALL INSURANCE POLI-
CIES REQUIRED HEREUNDER SHALL BE DELIVERED TO CITY AND SHALL BE DELIVERED
EARLY ENOUGH TO ALLOW TIME FOR THE CHECKING AND APPROVAL OF SAME BY THE
CITY ATTORNEY OF CITY. THE ENTIRE AMOUNT COLLECTED FOR LOSSES UNDER ANY
FIRE AND EXTENDED COVERAGE POLICIES SHALL BE HELD UNDER JOINT CONTROL OF
CITY, LESSEE AND ANY MORTGAGEES AND SHALL BE MADE AVAILABLE TO REPAIR
RESTORE, OR REBUILD THE DAMAGED IMPROVEMENTS. ANY EXCESS PORTION OF THE
INSURANCE FUND REMAINING AFTER THE COST OF REPAIRS, REBUILDING OR RESTORA-
TION IS PAID SHALL BE PAID TO CITY. IN THE EVENT THE INSURANCE FUND IS
INSUFFICIENT TO COVER THE COST OF REPAIRS, REBUILDING OR RESTORATIONS THE
EXCESS COST SHALL BE BORNE BY LESSEE.
-12-
ARTICLE IX.
PERFORMANCE AND PAYMENT BOND
UPON APPROVAL OF FINAL PLANS AND SPECIFICATIONS FOR THE INITIAL
CONSTRUCTIONS LESSEE SHALL FURNISH TO CITY A PERFORMANCE AND PAYMENT BOND
(TO BE EITHER A DEPOSIT OF CASH OR NEGOTIABLE SECURITIES OR A BOND WITH A
CORPORATE SURETY LICENSED TO DO BUSINESS IN THE STATE OF TEXAS) IN THE AMOUNT
OF $100,000.00, CONDITIONED THAT LESSEE COMPLETE THE INITIAL CONSTRUCTION IN
ACCORDANCE WITH THE FINAL _APPROVED PLANS AND SPECIFICATIONS AND THAT LESSEE
AND ITS CONTRACTORS AND SUB - CONTRACTORS, PAY FOR ALL LABOR, MATERIALS, TOOLS
AND EQUIPMENT FURNISHED FOR THE WORK. THE SAID BOND SHALL BE PAYABLE TO THE
CITY OF CORPUS CHRISTI AND SHALL BE APPROVED BY CITY AS TO FORM.
ARTICLE X.
ASSIGNMENT OF LEASE
EXCEPT AS PROVIDED IN THIS PARAGRAPHS THIS LEASE SHALL NOT BE
ASSIGNED, IN WHOLE OR IN PART, UNLESS AND UNTIL CITY AUTHORIZES SUCH ASSIGN-
MENT BY ORDINANCE. IT IS UNDERSTOOD AND AGREED HOWEVER THAT IN THE EVENT
A CORPORATION IS FORMED BY THE MEMBERS OF THE PARTNERSHIP WHICH IS THE LESSEE
HEREIN, WITH SUCH MEMBERS OF THE PARTNERSHIP OWNING THE CONTROLLING STOCK AND
SERVING AS OFFICERS OF THE CORPORATION, AN ASSIGNMENT OF THIS LEASE, IN WHOLE
OR IN PARTS TO SUCH CORPORATION IS HEREBY APPROVED. LESSEE SHALL HAVE THE
RIGHT TO SUBLEASE THE PREMISES OR PARTS THEREOF, FOR USES AND PURPOSES WHICH ARE
IN ACCORD WITH THE PROVISIONS OF THIS LEASES LESSEE REMAINING LIABLE FOR ALL
PERFORMANCE REQUIRED UNDER THIS LEASE.
ARTICLE XI.
PLEDGE OF LEASE
IT IS UNDERSTOOD THAT IN BORROWING FUNDS LESSEE CANNOT PLACE A
MORTGAGE ON THE LAND COVERED BY THIS LEASE OR ON THE FIXED IMPROVEMENTS
PLACED THEREON, WHICH IMPROVEMENTS SHALL BE AND BECOME THE PROPERTY OF CITY.
HOWEVER, IT IS CONTEMPLATED THAT LESSEE WILL BE REQUIRED TO BORROW FUNDS FOR
-13-
THE INITIAL CONSTRUCTION OF IMPROVEMENTS AND THAT FROM TIME TO TIME DURING
THE TERM OF THIS LEASE IT MAY BE DESIRABLE OR CONVENIENT FOR LESSEE TO
BORROW ADDITIONAL FUNDS FOR ADDITIONAL IMPROVEMENTS. ALTERATIONS] REPAIRS
OR FOR OTHER PURPOSES. ACCORDINGLY, IT I� AGREED THAT LESSEE SHALL AT ALL
TIMES DURING THE TERM OF THIS LEASE HAVE THE RIGHT TO MORTGAGE OR CONVEY BY
DEED OF TRUST OR ANY OTHER SECURITY INSTRUMENT THIS LEASE AND THE LEASEHOLD
RIGHTS OF LESSEE CREATED BY THIS LEASE PROVIDED THAT ANY SUCH MORTGAGE, DEED
OF TRUSTS OR OTHER SECURITY INSTRUMENT WILL AT ALL TIMES BE SUBJECT TOE AND
WILL RECOGNIZE, THE RIGHT, TITLE AND INTEREST OF CITY AS OWNER OF THE LAND
t
COVERED BY THIS LEASE AND FIXED IMPROVEMENTS PLACED THEREON AND THE RIGHT
r
OF CITY TO REQUIRE THE PAYMENT OF ALL RENTALS DUE HEREUNDER AND THE FULL
AND FAITHFUL PERFORMANCE OF THE COVENANTS AND CONDITIONS OF THIS LEASE BY THE
LESSEE.
SUBJECT TO ANY SUCH MORTGAGEI DEED OF TRUST OR OTHER SECURITY
INSTRUMENT, CITY SHALL HAVE A LIEN UPON ALL PERSONAL PROPERTY NOT DAILY
EXPOSED TO SA LEI OWNED BY LESSEE AND USED ON THE PREMISES TO SECURE THE PAY-
MENT OF ANNUAL RENTALS AS THEY RESPECTIVELY COME DUE HEREUNDER, BUT CITY SUB-
ORDINATES ITS LANDLORDS LIEN ON SUCH PROPERTY TO THE RIGHTS OF THE HOLDER OF
ANY SUCH MORTGAGE, DEED OF TRUST OR OTHER SECURITY INSTRUMENT.
IN THE EVENT AT ANY TIME DURING THE TERM OF THIS LEASE LESSEE
OR ANY ONE HOLDING UNDER LESSEE SHALL BE IN DEFAULT OF ANY OF THE COVENANTS
OR CONDITIONS OF THIS LEASES THEN AND IN SUCH EVENTS BEFORE FORFEITURE IS
INVOKED BY CITY THE HOLDER OF THE MORTGAGE, DEED OF TRUST OR OTHER SECURITY
INSTRUMENT MAY MAKE ANY AND ALL PAYMENTS AND DO AND PERFORM ANY AND ALL ACTS
AND THINGS WHICH MAY BE NECESSARY OR REQUIRED TO PREVENT A FORFEITURE OF THIS
LEASE AND THE PARTY MAKING SUCH PAYMENTS OR PERFORMING SUCH ACTS OR THINGS
SHALL THEREBY AND THEREUPON BE SURROGATED TO ALL RIGHTS OF THE LESSEE UNDER
THIS LEASE. CITY AGREES THAT, IF REQUESTED IN WRITING BY THE HOLDER OF ANY
MORTGAGE, DEED OF TRUSTS OR OTHER SECURITY INSTRUMENT, CITY WILL SEND TO THE
SAID HOLDER AT THE ADDRESS SPECIFIED IN SUCH WRITTEN REQUEST COPIES OF ALL
WRITTEN NOTICES OR DEMANDS WHICH CITY MAY SERVE UPON LESSEE OR ANYONE HOLDING
UNDER LESSEE UNDER AND PURSUANT TO THE TERMS OF THIS LEASE OR OTHERWISE.
-jl}_
IT IS UNDERSTOOD, HOWEVER, TM;AT THE MORTGAGEE, TRUSTEE., BENEFI-
CIARY OF SAID DEED OF TRUST OR OTHER HOLDER OF SECURITY ABOVE MENTIONED
SHALL BE IN NO WAY LIABLE TO CITY FOR THE PAYMENT OF ANY RENT OR FOR THE
PERFORMANCE OF ANY OTHER COVENANT AND CIONDITION UNDER THIS LEASE UNTIL
SUCH TIME AS IT SHALL ACQUIRE BY CONVETANCE FROM THE LESSEE, OR BY FORE-
CLOSURE OR OTHER PROCEEDINGS PROVIDED PY LAW OR BY THE TERMS OF THE MORT-
GAGE., DEED OF TRUST OR SECURITY INSTRUMENT., ALL THE RIGHT., TITLE AND
x
INTEREST OF THE LESSEE UNDER THIS LEASq; PROVIDED., HOWEVER., THAT ANY
PARTY WHO SHALL ACQUIRE SAID RIGHT., TITLE AND INTEREST OF THE LESSEE.,
AS ABOVE PROVIDED, SHALL THEREUPON AND THEREBY BECOME LIABLE FOR THE
FULL PERFORMANCE AND ALL PAYMENTS THERETOFORE AND THEREAFTER REQUIRED TO
BE MADE BY LESSEE UNDER THE COVENANTS A. ND CONDITIONS OF THIS LEASE, AS
FULLY AND AS COMPLETELY AND TO THE SAME EXTENT AS THE LESSEE ITSELF WOULD
HAVE BEEN IF IT STILL HAD RETAINED ITS RIGHT., TITLE AND INTEREST HEREUNDER.
NOTHING IN THIS ARTICLE XI SHALL PREVENT OR DELAY THE TERMINATION OF THIS
LEASE UNDER THE PROVISIONS OF ARTICLE XII, PROVIDED CITY HAS GIVEN ALL
NOTICES AND OPPORTUNITIES OF PERFORMANCE PROVIDED FOR HEREIN AND DEFAULT
HAS NOT BEEN CURED.
ARTICLE XII.
CANCELLATION AND FORFEITURE
IN THE EVENT LESSEE SHALL BE DECLARED BANKRUPT ACCORDING TO LAW.,
OR IF ANY ASSIGNMENT SHALL BE ATTEMPTED TO BE MADE OF THIS LEASE FOR THE
BENEFIT OF CREDITORS (OTHER THAN AS HEREIN PERMITTED), OR IF LESSEE SHALL
ABANDON THE LEASED PREMISES OR IN THE EVENT RENTAL FINALLY DETERMINED TO
BE DUE HEREUNDER REMAINS UNPAID FOR SIXTY (60) DAYS AFTER NOTICE OF NON-
PAYMENT GIVEN TO LESSEE., THEN IN ANY OF SAID EVENTS CITY MAY BY ORDINANCE
DECLARE THE LEASE TO BE TERMINATED AND MAY ENTER INTO AND UPON THE LAND
COVERED BY THIS LEASE OR ANY PART THEREOF AND REPOSSESS THE SAME (INCLUDING
CAPITAL IMPROVEMENTS AND INSTALLED FIXTURES) AND EXPEL THE LESSEE AND THOSE
-� 5-
CLAIMING UNDER IT AND REMOVE ITS'EFFECTS, FORCIBLY IF NECESSARY, WITHOUT
BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO
ANY REMEDIES WHICH MIGHT OTHERWISE BE USED FOR POSSESSION OR FOR ARREARS
OF RENT. IN THE EVENT OF A DISAGREEMENT AS BETWEEN CITY AND LESSEE
REGARDING THE AMOUNT OF RENTAL PAYMENTS OWED BY LESSEE TO CITY, THE
AMOUNT TO BE PAID SHALL BE FINALLY DETERMINED BY A QUALIFIED AND RECOG-
NIZED FIRM OF CERTIFIED PUBLIC ACCOUNTANTS NOT PREVIOUSLY EMPLOYED BY
EITHER PARTY WITHIN THE IMMEDIATELY PRECEDING TWO (P) YEARS AND WHO HAS
NOT FOR EITHER PARTY AUDITED THE ACCOUNTS OR RECORDS IN QUESTION. IF
SUCH DETERMINATION INDICATES CITY'S FIGURES ARE CORRECT)THE COST OF THE
AUDIT'SHALL BE PAID BY THE LESSEE. IF SUCH DETERMINATION INDICATES
LESSEES FIGURES TO BE CORRECT; THE COST OF THE AUDIT.SHALL BE PAID BY
CITY. IF NEITHER IS CORRECT, THE COST SHALL BE BORNE EQUALLY EXCEPT
LESSEE SHALL PAY THE COST OF AUDIT IF THE FIGURES ACCOUNTS AND/OR RECORDS
FURNISHED TO CITY BY LESSEE ARE INCORRECT.
THE TERMINATION AND CANCELLATION OF THIS LEASE SHALL ONLY BE
MADE BY ORDINANCE OF THE CITY COUNCIL FOR FAILURE OF LESSEE TO COMPLY
WITH THE TERMS AND PROVISIONS OF THE LEASE AND WITH SUCH POWER EXERCISED
ONLY AFTER NOTICE AND HEARINGS ALL AS IS PROVIDED IN ARTICLE VIII SECTION
6 OF THE CITY CHARTER.
ARTICLE XIII.
INDEMNITY
LESSEE SHALL PROTECT, INDEMNIFY AND SAVE HARMLESS CITY FROM AND
AGAINST ANY AND ALL CLAIMS DEMANDS AND CAUSES OF ACTION OF ANY NATURE
WHATSOEVER FOR INJURY TO OR DEATH OF PERSONS, OR LOSS OR DAMAGE TO PROPERTY,
OCCURRING ON THE LEASED PREMISES OR IN ANY MANNER GROWING OUT OF OR CON-
NECTED WITH THE LESSEES USE AND OCCUPATION OF THE LEASED PREMISES OR THE
PIPE LINE AND PUMPING STATION EASEMENT AREA OR THE CONDITION OF THE SAID
PREMISES OR EASEMENT AREA DURING THE TERM OF THIS LEASE.
-16-
'ARTICLE XIV.
WAIVER OF DEFAULT
ANY WAIVER BY CITY OF ANY DEFAULT OR BREACH OF THIS LEASE SHALL
NOT BE CONSTRUED TO BE A CONTINUING WAIVER OF SUCH DEFAULT OR BREACH NOR
AS A WAIVER OR PERMISSION, EXPRESS OR IMPLIED, OF ANY OTHER OR SUBSEQUENT
DEFAULT OR BREACH.
ARTICLE XV.
FORCE MAJEURE
IF BY REASON OF STRIKE, LOCKOUT, WAR, REBELLION, MATERIAL OR
a
LABOR SHORTAGE DUE TO A NATIONAL EMERGENCY, FIRE, FLOOD, HURRICANE OR
OTHER CASUALTY, PERIODS OF EXCESSIVE RAIN, OR BY ANY OTHER MATTER NOT
WITHIN ITS CONTROL, CITY OR LESSEE IS IN GOOD FAITH AND WITHOUT FAULT OR
NEGLECT ON ITS PART PREVENTED OR DELAYED IN THE CONSTRUCTION OF ANY IMPROVE-
MENTS OR IN THE PERFORMANCE OF ANY COVENANT AND CONDITION WHICH UNDER THE
TERMS OF THI5 LEASE IT IS REQUIRED TO DO WITHIN A SPECIFIED PERIOD OF TIME,
THE PERIOD OF TIME WITHIN WHICH SUCH PERFORMANCE WAS TO HAVE BEEN COMPLETED
SHALL BE EXTENDED BY A PERIOD OF TIME EQUAL TO THAT OF SUCH DELAY OR PRE-
VENTION, AND CITY OR LESSEE, AS THE CASE MAY BE, SHALL NOT BE DEEMED TO
BE IN DEFAULT IF IT PERFORMS AND COMPLETES SUCH WORK OR COVENANT OR CONDI-
TION IN THE MANNER REQUIRED BY THE TERMS OF THIS LEASE WITHIN THE SPECI-
FIED PERIOD OF TIME AS SO EXTENDED. '
ARTICLE XVI.
DRAINAGE
IT IS CONTEMPLATED THAT THE PRESENTLY EXISTING DRAINAGE DITCH
WHICH EXTENDS FROM THE OLD �BROWNSVILLE ROAD ACROSS THE LEASED PREMISES
WESTERLY OF THE WEST END OF THE EAST —WEST RUNWAY WILL BE REPLACED BY A
DRAINAGE DITCH OF EQUAL HYDRAULIC CAPACITY, SAID RELOCATED DRAINAGE DITCH
TO FOLLOW GENERALLY'THE COURSE SHOWN ON THE APPROVED PRELIMINARY PLANS.
THE CONSTRUCTION OF THE RELOCATED DRAINAGE DITCH SHALL BE BY LESSEE AT
—1%—
LESSEE'S EXPENSE. OVERFLOW DRAINAGE FROM THE RELOCATED DITCH WILL BE
BY MEANS OF A DRAINAGE COURSE CONSISTING OF A SWALE, HOLLOW AND/OR
DEPRESSION EXTENDING OR RUNNING FROM SAID PRESENTLY EXISTING OR RELO-
CATED DRAINAGE DITCH AT A POINT ON SAID OLD BROWNSVILLE ROAD TO A POINT
AT OR NEAR THE SOUTHEAST CORNER OF THE LEASED PREMISES. THE ROUTE OF
SAID DRAINAGE COURSE IS SHOWN ON THE APPROVED PRELIMINARY PLANS. SAID
DRAINAGE COURSE SHALL BE CONSTRUCTED AND MAINTAINED BY LESSEE AT LESSEE'S
EXPENSE. IT IS UNDERSTOOD AND AGREED BY LESSEE AND CITY THAT SAID
DRAINAGE COURSE WILL CARRY FLOOD WATERS, AND LESSEE ASSUMES ALL LIABILITY
FOR DAMAGE TO THE LEASED PREMISES AS A RESULT THEREOF OR AS A RESULT
OF THE INADEQUACY OF THE CITY'S DRAINAGE DITCHES, ANY FUTURE REVISION
OF THE DRAINAGE OF OR ACROSS THE LEASED PREMISES SHALL BE BY THE IM-
PROVEMENT OR REBUILDING OF THE CHANNEL OF THE RELOCATED DRAINAGE DITCH
BY CITY AT CITY'S EXPENSE, AND SHALL'BE`SUBSTANTIALLY IN ACCORDANCE
WITH EITHER THE APPROVED PRELIMINARY PLANS OR WITH THE FINAL PLANS THAT
MAY BE HEREAFTER AGREED UPON AND APPROVED.
ARTICLE XVII.
EASEMENTS
THIS LEASE IS MADE SUBJECT TO THE FOLLOWING:
A. THE CITY HEREBY RESERVES AN EASEMENT 100 FEET IN WIDTH
ACROSS THE LEASED PREMISES AND FOLLOWING THE COURSE OF THE EXISTING
DRAINAGE DITCH UNTIL THE RELOCATED DRAINAGE DITCH AS SHOWN ON THE AP-
PROVED PLANS IS CONSTRUCTED WHEREUPON THE EASEMENT FOR THE EXISTING
DITCH SHALL TERMINATE AND THE EASEMENT RESERVED TO THE CITY SHALL FOLLOW
THE COURSE OF THE RELOCATED DITCH. THECOURSE OF THIS EASEMENT FOR THE
RELOCATED DITCH SHALL BE SHOWN ON THE APPROVED FINAL PLANS.
B." THIS LEASE IS MADE SUBJECT TO THE EXISTING 3611 WATER
LINE AND 1611 GAS LINE NOW IN EXISTENCE IN THE WESTERLY PORTION OF THE
LEASED PREMISES. THESE LINES ARE NOW GENERALLY IN A LINE PARALLEL TO
AND AN EXTENSION OF SARRERA DRIVE AND RUNNING IN A NORTH —SOUTH DIREC-
TION FROM HORNE ROAD TO OLD BROWNSVILLE ROAD ACROSS THE LEASED PREMISES.
THE CITY HEREBY RESERVES ACROSS THE LEASED PREMISES EASEMENTS OF 25
FEET ON EITHER SIDE OF THE SAID 3611 WATER LINE AND THE 8611 GAS LINE,
RESPECTIVELY, WHICH SAID50 FOOT EASEMENTS MAY OR MAY NOT OVERLAP.
S,
C. THE CITY HEREBY RESERVES AN EASEMENT FOR THE TRIANGU-
LAR GAS REGULATOR STATION NOW IN EXISTENCE ON THE NORTHWEST BOUNDARY
OF THE LEASED PREMISES IMMEDIATELY SOUTHWEST OF OLD BROWNSVILLE ROAD.
THE LOCATION AND SIZE OF SAID EASEMENT 15 SHOWN ON THE MAF OR PLAT OF
THE LEASED PREMISES ON FILE IN THE OFFICE OF THE CTY SECRETARY AND
r. a
ON THE APPROVED PLANS.
D. THIS LEASE PS SUBJECT TO ALL OTHER EASEMENTS ACROSS
THE LEASED PREMISES THAT ARE OF RECORD IN THE OFFICE OF THE COUNTY
CLERK OF,NUECES COUNTY, TEXAS, AND TO..THE RIGHT OF HUMBLE OIL AND
REFINING COMPANY TO MAINTAIN TWO PIPELINES NOW EXISTING ACROSS THE
LEASED PREMISES WHETHER OR NOT SUCH RIGHT IS COVERED BY RECORDED
EASEMENTS. LESSEE SHALL HAVE THE USE OF THE AREA WITHIN THE PIPE-
LINE AND DRAINAGE EASEMENTS, SUBJECT TO THE EASEMENT USE.
-18A-
ARTICLE XVIII
GENERAL CLAUSES
A. ALL REFERENCES TO THE PARTIES TO THIS LEASE AND ALL COVENANTS,
CONDITIONS AND AGREEMENTS OF THIS LEASE SHALL APPLY TO AND BE BINDING UPON
CITY AND LESSEE AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS LEGAL
REPRESENTATIVESp SUCCESSORS AND ASSIGNS WHEN ASSIGNMENT IS MADE IN ACCORD
WITH THE PROVISIONS HEREOF) AS IF THEY WERE IN EACH CASE FULLY NAMED AND
STATED. IN THIS LEASE BOTH CITY AND LESSEE ARE REFERRED TO IN THE SINGULAR
AND NEUTER GENDER. HOWEVER, SUCH WORDS AND ALL OTHER TERMS AND WORDS USED
IN THIS LEASE REGARDLESS OF THE NUMBER AND GENDER IN WHICH THEY ARE USED SHALL
BE DEEMED AND CONSTRUED TO INCLUDE ANY OTHER NUMBER (SINGULAR OR PLURAL) AND
ANY OTHER GENDER, MASCULINE FEMININE OR NEUTER, AS THE SENSE OF THE WRITING
HEREIN MAY REQUIRES THE SAME AS IF SUCH WORDS HAD BEEN FULLY AND PROPERLY
WRITTEN IN THE REQUIRED NUMBER AND GENDER.
B. ALL NOTICES TO THE CITY SHALL BE SENT BY CERTIFIED OR
REGISTERED MAIL ADDRESSED TO THE CITY MANAGER, CITY OF CORPUS CHRISTI, P. 0.
BOX 1622, CORPUS CHRISTI, TEXAS, OR AT SUCH OTHER ADDRESS AS CITY MAY IN WRITING
FROM TIME TO TIME DESIGNATE. ALL NOTICES TO,,LESSEE SHALL BE SENT BY CERTIFIED
OR REGISTERED MAIL ADDRESSED TO LESSEE AT 1004 BALTIMORE AVENUE, KANSAS CITY 5,
MISSOURI, OR AT SUCH OTHER ADDRESS AS LESSEE MAY FROM TIME TO TIME DESIGNATE
BY WRITTEN NOTICE TO CITY.
C. WHENEVER CITY'S CONSENT TO ANY ACT TO BE PERFORMED BY LESSEE IS
REQUIRED UNDER THIS LEASES CITY AGREES THAT ITS CONSENT WILL NOT BE UNREASONABLY
WITHHELD.
D. THIS LEASE IS MADE UNDER THE APPLICABLE LAWS OF THE STATE OF
TEXAS AND THE CITY CHARTER AND ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS,
AND IF ANY TERM] CLAUSE, PROVISION, PART OR PORTION OF THIS LEASE SHALL BE ADJUDGED
INVALID OR ILLEGAL FOR ANY REASON THE VALIDITY OF ANY OTHER PART OR PORTION OF THIS
LEASE SHALL NOT BE AFFECTED THEREBY AND THE INVALID OR ILLEGAL TERM, CLAUSE, PROVISION,
PART OR PORTION SHALL BE DELETED AND IGNORED AS IF THE SAME HAD NOT BEEN WRITTEN.
E. ANY AND ALL PROVISIONS AND CLAUSES IN THIS LEASE CAN BE CHANGED BY CITY
AND LESSEE BY MUTUAL AGREEMENT. ANY SUCH CHANGE SHALL BE IN WRITING AND MUST BE
APPROVED BY THE CITY COUNCIL OF CITY BY ORDINANCE.
-19-
F. THIS LEASE WAS AUTHORIZED BY VOTE OF A MAJORITY OF THE
QUALIFIED VOTERS IN THE CITY OF CORPUS CHRISTI AT AN ELECTION HELD THE
DAY OF , l96_, AT WHICH ELECTION A MAJORITY OF THE
QUALIFIED VOTERS VOTED IN FAVOR OF THE ENACTMENT BY THE CITY COUNCIL OF
THE PARTICULAR ORDINANCE GRANTING THIS LEASE. THE EXECUTION AND DELIVERY
OF THIS LEASE IS FURTHER AUTHORIZED BY ORDINANCE READ AT THREE (3)
REGULAR MEETINGS OF THE CITY COUNCIL, TO -WIT, ON THE DAY OF
, I96_, THE DAY OF I96 ,
AND THE DAY OF , 196 , AND FINALLY ENACTED UPON
THE DAY OF , t96 WHICH DATE OF FINAL ENACTMENT
WAS MORE THAN THIRTY (30) DAYS AFTER THE FIRST READING THEREOF. THE FULL
TEXT OF THIS LEASE WAS FURTHER PUBLISHED ONE TIME IN
, A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY
OF CORPUS CHRISTI, TEXAS, WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE
THREE READINGS OF THE ORDINANCE AND THE EXPENSE OF SUCH PUBLICATION HAS
BEEN BORNE BY LESSEE.
IN WITNESS WHEREOF, THIS LEASE IS EXECUTED IN DUPLICATE AS OF
THE DATE FIRST HEREINABOVE MENTIONED.
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
THE DAY OF , 1 96 .
CITY ATTORNEY
CITY OF CORPUS CHRISTI
BY
CITY MANAGER
HARRINGTON & CORTELYOU
BY
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LESSEE
-.111.1. .- I . ..
SECTION 2. AT SAID ELECTION HEREINABOVE ORDERED THE FOLLOWING
PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF
CORPUS CHRISTI, TEXAS:
t
PROPOSITION A
"SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO HARRINGTON
AND CORTELYOU A LEASE FOR A TERM OF THIRTY (30) YEARS FROM
AND AFTER THE EFFECTIVE DATE OF SUCH ORDINANCE AND EXECUTION
OF SUCH LEASE FOR CONSTRUCTING AND OPERATING A GOLF COURSE
ON A PORTION OF THE FORMER CLIFF MAUS AIRPORT PROPERTY,
SUBJECT TO THE TER��S�� AND r�//CONDITIONS OF SAID LEASE CONTAINED
IN ORDINANCE NO.�, PASSED AND APPROVED BY THE CITY
COUNCIL ON THE TH DAY OF NOVEMBER, 1962?"
SECTION 3. SAID ELECTION SHALL BE HELD IN THE CITY OF CORPUS
CHRISTI AT THE FOLLOWING PLACES AND THE FOLLOWING NAMED PERSONS ARE
HEREBY APPOINTED JUDGES AND OFFICERS OF SAID ELECTION:
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LIST OF VOTING PRECINCTS POLLING PLACES ELECTION JUDGES AND ASSISTANTS:
PRECINCT NO. 1 - JUDGE GILLELAND'S COURT ROOM - COUNTY COURTHOUSE
COMBINED NUECES COUNTY VOTING PRECINCT NOS. 1, 2, 4
5, 6, 30, 31, 32, 33, 45, 46, 47, , 91
AND ALL THAT PORTION OF COUNTY VOTING
PRECINCT N0. 21 LOCATED WITHIN THE CITY
LIMITS.
J. M. HAIGLER ELECTION JUDGE
H. J. KERBER ASSISTANT JUDGE
MI55 GERTRUDE DREYER CLERK
• MRS. C. P. CULLINAN CLERK
PRECINCT NO. 2 - WYNN SEALE JR. HIGH SCHOOL ANNEX, 1800 SOUTH STAPLES
COMBINED NUECES COUNTY VOTING PRECINCT NOS. 9, 40, 41, 43,
53, 56, 57, 58, 62, 73, 83,, 88, 96 AND
97•
MRS. E. G. WELDON ELECTION JUDGE
MRS. P. A. TOM ASSISTANT JUDGE
MRS. JOHN R. LOPEZ, SR. CLERK
MRS. RUTH SCARLETT CLERK
PRECINCT NO. 3 - LINDALE RECREATION BUILDING, 3133 SWANTNER
COMBINED NUECES COUNTY VOTING PRECINCT NOS. 42, 50, 59,
63, 67, 68, 69 AND UD.
MRS. DOLLY CARROLL JUDGE
MRS. EDWIN OLSEN ASSISTANT JUDGE
MRS. A. C. ROACH CLERK
MRS. RUTH B. GILL CLERK
,PRECINCT NO. 4 - HAMLIN JR. HIGH SCHOOL, 3850 SOUTH STAPLES
COMBINED NUECES COUNTY VOTING PRECINCT NOS. 64, 66, 71,
72, 87, 931 94, 95 AND PART OF 20 WITHIN
THE CITY LIMITS.
MRS. R. H. GODEKE JUDGE
MRS. M. A. CAGE ASSISTANT JUDGE
MRS. W. P. LIVINGSTON CLERK
MRS. D. A. BRANDON CLERK
PRECINCT NO. 5 - LOZANO SCHOOL, 650 OSAGE
COMBINED NUECES COUNTY VOTING PRECINCT NOS. 44, 60, 611
74, 75, 76, 77, 80, 98 AND THAT PART OF
24 WITHIN THE CITY LIMITS.
MRS. ROSE GONZALES JUDGE
MRS. J. B. FULTON ASSISTANT JUDGE
MRS. THELMA K. DAVID CLERK
MRS. GEORGE M. CHATMAN CLERK
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PRECINCT NO. 6 - WEST HEIGHTS BAPTIST CHURCH, 642 SCOTT DRIVE
COMBINED NUECES COUNTY VOTING PRECINCT NOS. 71 81 38, 52,
78, 79, 81, 82, 99 AND ALL THAT TERRITORY
CONTAINED IN COUNTY VOTING PRECINCT ND.
51 LOCATED WITHIN THE CITY LIMITS.
MRS. J. H. VETTERS JUDGE
MRS. H. A. TYCER A551STANT JUDGE
MRS. JACK BARFIELD CLERK
MRS. R. J. HEREFORD CLERK
PRECINCT NO. 7 - FRASER ELEMENTARY SCHOOL, AIRLINE AND McARDLE ROADS
COMBINED NUECES COUNTY VOTING PRECINCT Nos. 65, 84, 89, 90,
91 AND 92 AND THAT PART OF 70 WITHIN THE
CITY LIMITS.
R. L. WISWELL JUDGE
BEN F. WOOD, JR. ASSISTANT JUDGE
GLEN C. LEBLEU CLERK
P. B. SNYDER CLERK
PRECINCT N0. 8 - CLARKWOOD INDEPENDENT SCHOOL
THAT;PART.OF NUECES COUNTY:VOTING. PRECINCT NOS. 29 AND 34
WITHIN THE CITY LIMITS.
MRS. F. C- PAYNE JUDGE
MRS. D. E. KILGORE ASSISTANT JUDGE
MRS. A. E. MOSTELLO CLERK
MRS. JESS DOTSON CLERK
PRECINCT N0. 9 - COUNTY BUILDING, ANNAVILLE
.THAT PART OF NUECES COUNTY VOTING PRECINCT NOS. 9 AND 101
WITHIN THE CITY LIMITS.
W. M. MAGEE. JUDGE
MRS. DOROTHY FERRELL ASSISTANT JUDGE
MRS. DOLPH MAGEE CLERK
MRS. J. R. SINCLAIR CLERK
PRECINCT NO. 10 - TULOSO- MIDWAY HIGH SCHOOL, HOME ECONOMICS WING
THAT PART OF NUECES COUNTY VOTING PRECINCT NOS. 100 AND
103 WITHIN THE CITY LIMITS.
MRS. J. W. LAWRENCE JUDGE
MRS. D. D. BRAMBLETT ASSISTANT JUDGE
MRS. T. W. AMMERMAN CLERK
MRS. ABE WHITWORTH CLERK
PRECINCT NO. 11 - JOHN L TOMPKINS FIELD OFFICE, PEARY PLACE
THAT PART OF NUECES COUNTY VOTING PRECINCT NOS. 17 AND 18
WITHIN THE CITY LIMITS.
MRS. FELIX IRWIN JUDGE
MRS. R. R. BISHOP ASSISTANT JUDGE
MRS. HERMAN HAWKINS CLERK
MRS. M. C. SLOUGH CLERK
ABSENTEE VOTING SHALL BE CONDUCTED BY THE CITY SECRETARY AT HIS
OFFICE IN THE CITY HALL AND THE RESULTS CANVASSED AND RETURNS MADE AS IS
PROVIDED BY LAW. A SPECIAL CANVASS BOARD IS HEREBY APPOINTED AS FOLLOWS:
MRS. EDNA MEADOR, JUDGE
MRS. DORIS FRANCIS, ASSISTANT JUDGE
MISS ELVA QUINTANILLA, CLERK
THE PRESIDING JUDGES SHALL BE AUTHORIZED TO SELECT SUCH CLERKS
OR OTHER ASSISTANTS PROVIDED BY LAW, AS MAY BE DEEMED NECESSARY AND SAID
ELECTION SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATING
TO ELECTIONS AND THE GENERAL LAWS OF THE STATE OF TEXAS SHALL BE OBSERVED
INSOFAR AS THEY ARE APPLICABLE.
SECTION 4. THAT SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH
THE STATUTES AND CONSTITUTION OF THE STATE OF TEXAS, AND THE CHARTER OF
1
THE CITY OF CORPUS CHRISTI, TEXAS.
SECTION 5. THAT THE POLLS WILL BE OPEN FROM 7:00 O'CLOCK A. M.
TO 7:00 O'CLOCK P. M. ALL VOTERS DESIRING TO SUPPORT THE PROPOSITION
AUTHORIZING AND APPROVING THE PASSAGE OF SAID LEASE ORDINANCE SHALL HAVE
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WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDS:
11FOR THE GRANTING OF A 30 -YEAR LEASE TO HARRINGTON AND
CORTELYOU OF APPROXIMATELY 222.37 ACRES OF THE AREA FORMERLY
USED AS A PORTION OF CLIFF MAUS MUNICIPAL AIRPORT."
AND ALL THOSE OPPOSED TO THE PROPOSITION OF AUTHORIZING THE PASSAGE OF
SAID LEASE ORDINANCE SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE
FOLLOWING WORDS:
C"AGAINST THE GRANTING OF A 30 -YEAR LEASE TO HARRINGTON
CAND CORTELYOU OF APPROXIMATELY 237 ACRES OF THE AREA FOR-
MERLY USED AS A PORTION OF CLIFF MAUS MUNICIPAL AIRPORT."
SECTION 6. A SUBSTANTIAL COPY OF THIS ORDINANCE, SIGNED BY THE
MAYOR OF THE CITY OF CORPUS CHRISTI AND ATTESTED BY THE CITY SECRETARY,
SHALL CONSTITUTE THE NOTICE OF ORDERING OF SAID ELECTION, AND THE MAYOR
IS DIRECTED TO CAUSE A COPY OF THIS ORDINANCE, SIGNED BY HIM, TO BE POSTED
AT THE CITY HALL AND AT EACH OF THE VOTING PLACES IN EACH ELECTION PRECINCT
NOT LESS THAN FIFTEEN (15) DAYS PRIOR TO SAID ELECTION, AND TO HAVE A COPY
OF THIS ORDINANCE, SIGNED BY HIM, PUBLISHED IN THE CORPUS CHRISTI TIMES,
THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, BEING A NEWSPAPER OF
GENERAL CIRCULATION PUBLISHED WITHIN THE CITY OF CORPUS CHRISTI, TEXAS,
SAID PUBLICATION TO BE MADE ONE TIME AT LEAST TEN (10) DAYS PIROR TO THE
DATE OF THE ELECTION.
SECTION 7. VOTING MACHINES MAY BE EMPLOYED AT THE ELECTION HEREIN
ORDERED IN ACCORDANCE WITH THE PROVISIONS OF V.A.T.S. ELECTION CODE, ARTICLE
7.14, AND SAID ELECTION SHALL BE HELD AND RETURNS OF SAID ELECTION MADE
PROMPTLY BY THE RESPECTIVE OFFICERS HOLDING SAME TO THE CITY SECRETARY,
AND SAID RETURNS SHALL BE CANVASSED AND THE RESULTS DECLARED BY THE CITY
COUNCIL.
SECTION H. THAT THE PUBLIC IMPORTANCE OF THE QUESTION INVOLVED
AND THE REQUIREMENT OF THE CITY CHARTER REQUIRING THE SUBMISSION OF SUCH
QUESTION AND THE NECESSITY FOR DETERMINING WHETHER OR NOT THE QUALIFIED
VOTERS DESIRE TO AUTHORIZE SUCH LONG -TERM LEASE CREATES A PUBLIC EMERGENCY
AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OFTHE CHARTER
RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND THAT SUCH ORDER OR RESOLUTION SHALL BE READ AT
THREE (3) SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR AND THE CITY
COUNCIL HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST AND HAVING
REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, THIS ORDINANCE SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN
FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED THIS THE 14TH DAY OF NOVEMBER, 1912.
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ATTEST* MAYOR THE CITY OF CORPUS CHRISTI, TEXAS
� fffjjj''' 4 CITY SECRE A Y
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APPROVED AS TO LEGAL FORM THIS
THE 14TH DAY OF NOVEMBER, 1962;
CITY TTORNEY
t
CORPUS CHRIS4��7 EXAS
Y OF 1 J,
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT OF THE CITY
SUCH COUNCIL; I, THEREFORE, LHEREBY SREQUEST THATT YOU TSUSPEND MEETINGS
SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED,
OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
t�4G YOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONALD /
TOM R. SWANTNER /
DR. JAMES L. BARNARD
JOSE R. DELEON '
M. P. MALDONADO ✓ C44
W. J. ROBERTS
JAMES H. YOUNG /
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE:
BEN F. MCDONALD /
Tom R. SWANTNER /
DR. JAMES L. BARNARD /
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS v
JAMES H. YOUNG /