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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 ,�_