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Home My WebLink About01819 ORD - 07/22/1945AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE, FCR AM CH BEHALF, OF SAID CITY, A CONTEACT WITH H. E. BUTT GROCERY COMPANY; ABD DECIAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the Mayor and City Controller of the City of Corpus Christi, Texas, be, and they are hereby, authorized and directed to execute, for and on behalf of the City of Corpus Christi, a contract with the H. E. Butt Grocery CompmW, a copy of which amid contract is made a part hereof, and which reads as follows: /11 01 THE STATE CP TSElS CONNTr OF NOBCBS WHOM, H. B. Batt Grocery Company has heretofore caused to be erected an the following- described lots a building to be used as public rest roams, and said H. B. Butt Grocery Company is desirous that such public rest rooms shall be kept in a clean and sanitary condition at all times, and the City of Corpus Christi bas agreed to keep and maintain the said rest rooms in a clean and sanitary condition at all titan; therefore. Thin contract and agreement entered into this day of July, 1945a by and between the H. B. Butt Grocery Company, a private corporation domiciled in Corpus Christi, Nueass County, Texas, herein- after called seller and lessor, and the City of Corpus Christi, Texas, a municipal corporation, hereinafter called purchaser and lessee, WITNESSBTHS For and in consideration of the mutual agreements and consider- ations contained herein the parties hereto barn agreed as foilowa= I H. B. Hutt Grocery Company, as Seller, has bargained, sold and delivered, and by these presents doom bargain. sell and dolivor to,the City of Corpus Christi, Texas, as Purchaser, the following - described personal property, to -wit; L tiles and concrete building, 181 x 221, divided into two room, which has been constructed for the purpose _ of public rest rooms, and all plumbing nxtures and other equipment of the said building, said building being located on the Northeast Corner of Lots 9 and 10, Block 19, Bluff Addition to the City of Corpus Christi, Taxes, and the said building being so constructed that it is movable and is not attached to the realty, and it does for itself, its auseessors and assigns, covenant to and with the said City of Corpus Christi. Texas, its successors and assigns, to warrant and forever defend the title to said property before mentioned, against the lawful al-i-s of ary and all persons whomsoever. and it doom hereby agree that the said building and its equipment is personal pro- perty and is not attached to the real property upon which it is located in such manner as to become affixed to the realty. ' >Y That the said H. H. Hutt Grocery Company, lessor, does, by these presents, lease and demise unto the City of Corpus Christi, Texas, the following described property, to -witj The northeast portion of lots 9 and 10, Block 19, Bluff 8WUM to the City of Corpus Christi, Yosces County, Texas, said portion to be a plot of laud approximately 30' F 40-, and being the land upon which the above -de- scribed building is located and immediately adjacent to said building, said portion of amid lots to be used for-the purpose of maintaining the public comfort sta- tion cold to losses bereiu, together with the right of ingress and egress over the said lots an the part of laosoo or its agents far the purpose of maintaining said comfort station, and the right of ingress and egress over said lots to the public for the purpose of using said catiforb station during the period of this leave, and Loeser agrees that it will not place wry ob- atructicus in the way of the public. for a period of five (5) years, beginning july A. D., 1945, and ending on July A. D., 1950, subjeet to the cancellation clauses hereimaftor provided. Ill lasses and purchaser, the City of Corpus Cbristi, Taxes, agrasa to maintain the said comfort station and to keep the said building and its fixtures in good repair during the "period covered by thin lease, and to keep the same clean and sanitary, and that during the cotton picking season that it will keep an attendant in each comfort station, when such comfort station is open, who shall keep the said comfort station clean and sanitary at all times, and that it will fulfill all of its ordinances and all sani- tary regulations in regard to the maintenance and operation of said com- fort station. IT Leese, at the taxpiration of thin lease or upon its cancellation as herein provided, skull have the right to remove the above - described building and its equipment and fixtures from the said premises, and shall leave the leased portion of the said lots in substantially the saw condi- tion as it was prior to the erection of said comfort station in the month of duly 1945- Imams agrees to save and keep lessor harmless from any and all liability by reason of the maintenance of said comfort station on the said premises. v It is agreed by the parties hereto that this lease sball be snb- jeat to cancellation at any time by notice given in writing to L&ssee ninety (90) days in advance of the time leasor desires that tbis lease shall be terminated, and it is agreed that tbio provision shall control over axw other provisions of this contract. vi Lessee &hall not assigt this lease or sub -let the said premises without the written consent of Lessor first had and obtained. CITT OF CORPUS CERISTI BY OR, City of Corpus Chriati, ATTEST: COMERSIOHED City Secretary APPROVED AS TO LEGAL 80RYs es7^ g UIZY 4X00rnGY BY City o er H. E. BUTT GBCCW CWANr air COBPDS CRUM BY ATTEST: use THE STATE OF TEAS CCCHTY OF NUEC13 i NBFORS NE, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared lmasm to m9 to be the person and officer whose us= is subscribed to Use foregoing instrument and acknowledged to me that the same was the act of the H. E. Butt Grocery Company of Corpus Christi, Teas, and that he executed the sane as the act of such Campary for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER NY HAND AND SEAL OF OFFICE, this the day of A. D., 1945. Not=7 Public, and for Nusces County, Teas. THE STATE OF TEAS COMM OF NCECES BEFM3 33, the undersigned authority, a Notary Publio in and for said County and State, on this day peraonally appeared Hoy I- S61f, knows tome to be the person and officer whose nams is subscribed to the fore- going instrument and acknowl.dged to me that the same was the act of the City of Corpus Christi, a municipal corporation, and, that he is the Neyor of said City, and that he executed the same as the act of such City, and for the purposes and considimtion therein expressed, and in the capacity therein stated. Glyn DSDEB Ur HAND AND SEAL OF OFFICE, this the day of A. D., 1945. Notary Public, in and for Nueces County, Teas. SECTION 2. The fact that the City of Corpus Christi is badly in need of public rest rooms to aid in reducing health hazards in the City creates a public emergency and imperative public necessity requiring the suspension of the Charter rule that no Ordinance or Resolution shall be priced finally on the data it is introduced, and that much Ordinance w Resolution shall be readat three several meetings of the City Council, and the Neyor having declared that such public energency and imperative neces- sity exist, and having requested that much Charter rule be suspended, and that this _ Ordinanoa be passed finally on the date of its introduction, and take effect immediately and be in full force and effect. from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED APED APPROVED this 'y� day of A. D., 1945• WY_0R,,9ity of orpua Chri i, Texas. ATTEST: APPROVED AS TO LnGAL FORL[: N U Ac g A nay. Corpus Christi,, Texas i 19l+5 TO THE METERS OF THB CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and imperative necessity exist for the suspension or the Charter rule or re- quirament that no Ordinance or Resolution shall be passed fi- nally on the date it is introduced and that such Ordinance or Resolution shall be read at three several meetings of the City Council; I, therefore, hereby request that you suspend 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, MAYOR, �following To The Charter rule was suspen/1 Roy L. Self B. G. Moffett �49 R. R. RamboA/ N. C. Book N. B. Marriott The above Ordinance was passed by the following vote= Roy L. Self B. G. Moffett R. R. Rambo N. C. C. Book N. B. Marriott %