HomeMy WebLinkAbout01844 ORD - 09/11/1945AN ORDINANCE
AUTHORIZING AND DIRECTING TIM MAYOR AND
CITY CONTROLLER OF THE CITY OF CORPUS
CHRISTI, TEXAS, TO EXECUTE, FOR AND ON
BEHALF.CF.SAID CITY, A CONTRACT WITH
SOUTH-TOM AIR ROUTES, INCORPORATED,
AND DECLARING 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 said City, a contract
with South Texas Air Routes, Incorporated, a copy of said contract
being made a part hereof, and rdading as follows:
I U I •1
THE seas CF TEiAb
C� OF NUMB
IMMRKWS the City of Corpus Christi, Tazas, awns and operates
a ssmicipal airport known as Cliff Yens Municipal Airport, platted and
described on the official map of the City of Corpus Christi, Tsxas; on
file in the arahi>rws of the City of Corpus Christi, to Which reference
Is hereby made; and,
>DHEREAS, South Texas Air Routes, Incorporated, desires to
lease from the City of Corpus Christi, a site on the Cliff Yene Airport
and construct and operate thereon an airplane banger for the storage
and service of airplanes; now,
THSHEFCR% this agreamout this day made and entered into by
and between the City of Corpus Christi, Texas, hereinafter called the
City, acting by and through its duly authorised officers and South Texas
Air Routes, Incorporated, a Texas Corporation, hereinafter called lessee,
li I T R E S B E T H
I.
That the said lasses Will build and erect on the Cliff Mane
Municipal Airport on a site deaignatod by the City Engineer of the City
of Corpus Christi, and the Airport Manager, an airplane hangar, on the
following terms and conditions:
(a) Tbat the said hangar shall be a roctangular
shaped airplane hangar with approximately
(one hundred) 100 feet by ono baadred twenty-
six (126) fest-floor space and costing approxi-
mately Fifty Thousand Dollars ($50,000.00).
(b) That the location, plane. specifications and
construction of the said hangar shall be ap-
proved by the Airport Manager and the Engineer
of the said City or Corpus Christi, lases.
(a) That said City shall construct necessary taxi
strip or strips to said hangar and said lessee
shall construct and build all necessary aprons
to said strip or strips.
(d) That the said Losses shall keep an acou-
rate record of the cost to said Lassos
of all labor, materials and superintend-
ence of said construction, or any addi-
tions thereof, and the Controller of said
City shall•approvc all such labor, material
and other contracts or bills prior to psy-
m ut by said Lessee, and the total cost of
all such labor, materials, superimtendenoe and
expanse to said Lessee, plea ten percent (10%)
of said sum shall be the contract cost of the
said hangar, for the purposes hereinafter re-
forred to.
n
That the said City does by these presents, base and demise
onto the said Lessee the ground space designated by the said City
Engineer and Airport Sanager of said City of Corpus Christi for a
torn of five (5) years beginning the 15th day of September, A. D.,
1945, and ending the 15th day of September, A. D., 1950, to be occupied
and used as a site for such airplane hangar and not otherwise, said
Lessee paying therefor the sua of Three Thousand Dollars ( =3,000.00),
payable in monthly installments of Fifty Dollars ($50.00), upon the,
covenants and conditions following:
r
(a) That the said Iessee shall promptly pay the
rent at the Office of the Controller of
said City of Corpus Christi, Texas, monthly
in advance as aforesaid, as the came shall
fall due.
(b) That the paid lessee shall take good care
of the said promises, including the said
airplane hangar. and shall at his awn ex- '
penao and cost, loop it in good repair so
that it shall not be a hasard or detract
fram the appearance of the said airport,
and shall at the and of the said term
daiivai up the demtsad premises in good
order and condition.
(a) That the said Lessee shall obey and op-
erate the said hangar in aacordsnce
with all rules and regulations of the
said airport and shall promptly execute
and fulfill all the ordinances of the
said City of Corpus Cbristf,•applicable
to the said premises.
(d) That the said lassos shall not have or
operate any conoessions for, or sell 217
gas, oil or other fuel
(a) That the said Leases shall pay all taxes,
insurance and other expenses incidental
to the osnership of the said airplane
hangar.
(f) That the said lessee shall properly pro-
s trot and hold harmless the said City of
Corpus Christi, Texas, against any claims
by reason of mW act or mots by their
agents, employeas or servantei or by reason
of amy act or acts oocuring on tho promises
hereby domiSod.
(g) That is case of default in ary of the above
covenants the said City of Corpus Christi mq
enforce performance thereof in any modes pro -
vidsd by law and may declare this loasa for-
feited at said Cityis discretion, and said City
shall have the right without further erotica or
demand to ro•sntor and remove all persons there -
from without prejudice to,amy ismodios for
breach of covenant.
(h) Said City of Corpus Christi shall have
a lien as security for the -rent afore
maid. upon all goods, wares, chattels,
implements, •fixtures and other personal
property which are or may be put on the
demised promises by said Lessee.
(i) That this said Lease shall be terminated
In shy of the following manueras
1. By the expiration of the lease tarn.
2. dt the election of the said City of
Corpas Christi upon the breach of
any covenant by said Lessee.
3. By agreemant .of said parties.
1�. By operation of law.
f
III
That for and in consideration of the premises, said Lessee
hereby grants to said City of Corpus Christi, the exclusive right, at
the option of said City, to purchase said airplane hangar at the expira-
tion of this said lease term for the contract cost rsferred to in Para-
graph I (d) above, less depreciation of five percent (5%) per an=.
which said purchase price shall be paid by said City of Corpus Christi
upon delivery of Bill of Sale or other necessary evidence of conveyance
by said Lessee, as hereinafter provided for:
(a) In case the said City of Corpus Christi shall
shall elect to purchase the said praperty, they
shall signify such election by written notice
thereof, served upon the-said Lessee before the
expiration of this lease period, and thereafter
the said Lessee shall deliver to the said City
OE Corpus Christi within ten (10) days after the
expiration of the said lease, a good and market-
able title to the said property, free, and clear
of all taxes sari encumbrances and shall
transfer the saws .by Bill of Sale, or
such other evidence of transfer and am-
vayaaoe as are necessary,
(b) If the said City of Corpus Christi shall
not eloot to purchase the said property
or shall fail to complete the said pur-
chase within the time and manner "in-
before provided, its option hereunder
shall terminate without further action and
the said lessee shall thereafter within
thirty (30) days remove the said airplane
hangar and other property from the said
demised premises.
n
This contract shall be binding upon the parties hereto, their
heirs, successors and *snips.
In witness whereof, the parties horato have caused these pre-
sents to be duly executed this /_ day of September. A. D., 1915.
K
cm oa cm wus camL Txw
Bye
MOM City of orpus Uhristi.
• Countersigned:
By:
Controller.
Sam TEW AIR BCBPBS, DMCRPChiiil®
B! _
President
THE STATE OF TEIAS
COUNTY CP UECES
BEFORE lZ. the uudersigoed authority. a Satary public in and
for said County and State, on this day personally appeared
. president of South Taxes Air Routes, acfapora ed.
own to >se to be We person and officer whose name is subscribed to
the foregoing instruwnt and acknowledged to ms that the same was the
act of the South Taus Air buts. Incorporated, and that he executed
the same for the purposes and consideration therein expressed, and in
the capacity-therein stated.
SIM UNDER BY HM AND SEAL OF OFFICE, this the
41W or , A. D.. 1945.
THH STATE OF TEUS
COUNTY OF NUSCSS
BEFORE NE, the undsraignod authority, a Notary Public in and
for the said County and Stats, on this day personally appeared Hoy L Self ,
known to me to be the person and officer whom new is subscribed to the
foregoing instrument and acknowledged to me that the same was the sat of
the City of Corpus Christi. Texas, a wmaicipal corporation, and, that be
is the mayor of said City, and that he executed the asme as the act of
such City, and for the purposes and consideration therein expressed, and
in the capacity therein stated.
OIM uwnRR DY HARD ARD SEAL OF OFFICE, this the
der CC . A. D.. 1945.
NOW rMIC IN MUTM-19off-
COUNTY. TEEAS.
SECTION 2. The fact that the Lessee in the aforementioned oon-
tract has made commitments.whioh must be definitely fulfilled on or
before September 15, 1945, creates a public emergency and imperative
public necessity requiring the suspension of the Charter rule that no
Ordinance or Resolution shall be passed finally on the date it is in-
troduced, and that such�Ordinance or Resolution shall be read at three
several meetings of the City Council, and the Mayor, having declared
that such public emergency and imperative necessity exist, and having
requested that such Charter rule be suspended, and that this Ordiaan a
be passed finally on the date of its introduction, and take effect in-
mediately and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED THIS day of
A_ D_. 1Qh5.
L41YOR, Zoorpua :ri i, xas.
ATTEST:
fZ4e •o awry
APPROVED AS TO LEGAL FORH:
Attorney.
EM
Corpus Christi, Texas
— a . 1945
TO THE VRWFMR OF THE CITY CCCHCIL
OF THE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
Gentlemen;
For the reasons set forth in the emergency clause of the fore-
going Ordinance, a public emergency and an imperative necessity exist
for the suspension of the Charter role or requirement that no Ordinance
or Resolution shall be passed finally on the date it is introduced and
that such Ordinanoe or Resolution shall be read at three several meet-
ings of the City Council; I, therefore, hereby request that you nunpend
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,
C Y Corpus chriabi, gous
The Charter rule was suspended by t //t following vote:
Ray L. Self
B. G. Moffett
R. R. Rambo
H. C. Beck
H. B. Marriott��
The above Ordinance was panned by thhee following vote:
Roy L. Self
B. G. Moffett
R. R. Rambo
H. C. Berk G U
H. B. Marriott ,�_