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HomeMy WebLinkAbout02031 ORD - 01/28/1947AN ORDINANCE a vo3 I AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND GULF OIL CORPORATION FOR THE LEASE BY THE SAID CITY TO THE SAID GULF OIL CORPORATION OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, WITHIN THE LIMITS OF THE CITY OF CORPUS CHRISTI, MORE PARTICULARLY DESCRIBED IN THE BODY HEREOF; SETTING FORTH THE TERMS AND CON- DITIONS OF SAID LEASE CONTRACT;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi, Texas, a contract for the lease by the said City of Corpus Christi to the said Gulf Oil Corporation of certain real estate situated in Nueces County, Texas, and within the limits of the City of Corpus Christi and described as follows; true copy of said contract attached hereto: Beginning at a copper pin for corner in the east face of the concrete cap on the Lawrence Street pier, said point being approximately 70 feet south of the most easterly northeast corner of said pier; thence in a northerly direction along the east face of said concrete cap, a dis- tance of 60.77 feet more or less to the beginning of a curve to the left; thence in a northerly and northwesterly direction along the face of said concrete cap, along a curve a distance of 11,70 feet to the end of said curve; thence in a north- westerly direction along the face of the concrete cap a distance of 29.58 feet to the beginning of a curve to the left; thence in a northwesterly and westerly direction along the face of said concrete cap, along a curve, a distance of 7,10 feet to the end of said curve; thence in a westerly direction along the face of said concrete cap a distance of 83.17 feet to a point for a corner; thence in a southeasterly direction a distance of 147.51 feet to the place of beginning; together with the improvements now located thereon. SECTION 2. The fact that it is to the great and beneficial interest of the City of Corpus Christi, Texas, that such contract be entered into with the said Gulf Oil Corporation as a means of supplying gasoline, oil, and other petroleum products to the boats which ply the waters of Corpus Christi Bay, which boats use the City docking facilities in the harbor of Corpus Christi, creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced 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 ordinance 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. PASSED and APPROVED this -day of (jAry ,,i- , 191+%• � d WOR City of Corpus Christi, Texas ATTE:ST City Secretary APPROVED: -City Attorney Corpus Christi, Texas P- 8' 1`!`f_'` TO THE MEMBERS OF THE CITY COUNCIL 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 of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three 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 City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Robert T. Wilson Wesley E. Seale L� A John A. Ferris George R. Clark, Jr. Ray R. Henry �following The above ordinance was passed by the vote: Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr. Ray R. henry cZ 2I STATE OF TESAS COUNTY OF NUSCSS This contract of lease and rental made by and betwem City Of Corpus Christi of Busses County, Texas, hereinafter called "Lessor" and Gulf Oil Ccrporaticn, hereinafter called "Losses," IfITBg3S3THi 1. For end in consideration of the rentals to be paid by the IweeH to the Leuscr, as hereinafter stated, the Lessor has leased, demised and rented and does hereby lease, damise and rent unto Lessee that certain real *state, lot, tract or parcel of land situated in lfueves County. Texas, within the limits of the City of Corpus Christi and herein described an follcwsr Beginning at a copper pin for corner in the east.fass of the concrete sap on the Iswrenoe Street pier, said point being approximately 70 Pest south of the most easterly north- east Corner of said pier; thence in a northerly direction along the east face of said concrete cap, a distance of 60.77 feet more or less to the beginning of a ourure to the left; thence In a northerly and northwesterly direction along the face of said concrete cap. along a curve at distance of 11.70 feet to the end Of said sums; thence in a northwesterly direction along the fees of the eonsrete sap a distsess of 29,558 feet to the beginning Of a curve to the lsftj thence in a nertlnoeaterly and westerly direction along the face of said concrete cap, along A curve, a distance of 7.40 feet to the and of said curve; thence in a westerly direction along the face Of said concrete cap a di,s- tance of 83.17 test to A point for a soraar; thane# in a South- easterly direction a distance of 147.51 feet to .v place of baj;inaingj togethar with the imprOvW"nts new located thereon. u. It is oontemplated and agreed between the parties hereto that the property herein leased is to be used for a marine filling station sad for purposes connected therewiti% and for furnishing bats With gasoline sad other petrolerm products at wharf front, provided, however, that Lessee has the privilege of selling other merchandise as a side -lies and incidental to the main business of a marine filling station, and it is further understood and agreed that one office in the building as it now exists is to be used by the Harbormaster of the City of Corpus Christi as his office to be used by him in connection with his job with the City. III. The term of this 10880 shall be for a period of five years beginning on the 15th day of April, 1947, and expiring on the 14th day of April, 1952• IV. The Less" agrees to pay to the Lessor a rental of Fifty Dollars ($50.00) per month, payable on the tenth day of each and every month in advance. The Losses further agrees to pay an additional sum equivalent to if per gallon on the total deliveries to said promises of That Good gulf Gasoline, Gulf NO-NM Gasoline, Traffic Gasoline and other Gulf motor fuels in 0x"88 of Si'siy Thousand (60,000) gallons per annem, but not to exceed 1W.00o gallon, per ansnss. At the and of each annual tern the lasso• will oosp110 a statement of its deliveries for the preceding twelve (12) asnthse period sW in the event the deliveries amount to more then Sixty Thousand (60,000) gallons, then in that event the 109800 shall pay if per galicm on each gallon in excess thereof, not to 02e804 1200000 gallons per aan{m. Atgr sun due under this provision shall be M%ble+ within 60 days arbor the cad of each annual term. In order that the determination of the rental charge per gallon of gasoline or actor fuel delivered sa» be made, it is understood that the 1ese00 shall Imap complete and accurate records of such deliveries from which can accurately be determined the amount due the City and that .2. such records shall be subject to examination by the City Wager or amyons under his direction at aqV reasonable time. V. It is understood and agreed that if the buildings shall be destroyed by fire or other easualty and should not be r*plaoed by Lessor within a reasonable time,-this loam* shall terminate as to both parties as of the date of such destruction. If said buildings shall only be damaged so as to be unsuitable, in the judgment-of Leese*, for use and cocupanoy for as much as thirty (30) days, and if, immediately after such damage, Laeor covenants that ha will repair and /or rebuild such buildings, and imnsdistely begin suoh repair and/or rebuilding, then no rental shall be due and payable during the time such repairs and/or replacements are being made, but when the buildings are placed in the seas order as before such damage, rentals shall again be paid hereunder. VI. Yssa*s shall have the right and privilege to place all necessary, usual and eurtamary equipment on the leased premises for the purpose of carrying on the business of selling patrolsum products and shall have the right to remove the Sams at the expiration of the lease, or within a reasonable time thereafter. VII. Lessor agrees to pay all taxes an the land and improvements except the taxes. if &IWO on trod* fixtures put on the property by resep. Lessor further agrees to keep the roof in good condition so that aans will not leak and to make all struotural repairs to said building and improve_ slants necessitated by detective or faulty construction thereof, the Losaee agrees to keep the building and improvesunts in good condition and repair during the term of this lease at JABS" ts can expense, exo*pt as herein specified to be dons by Iessor. if Leap* should fail to sake said repairs within 90 days after receipt of notice to them that said repairs are necessary, than Lessor may cause aams to be made and *barge the oast thereof to he Lessee. VIII. Of Iesaar ogress that if it should at any time default in the payment any taxes. lion, mortgage or other oharge against the promises, Lase* -3- may at its option pay any or all of such sum in default and apply the amount so paid on the rental due under this lease and/or be subrogated to the rights of the lien holder to the extent of said paymeats thereon. IX. Except as provided in paragraph Il hereof, Lessor agrees and covenants that Lessee shall have ocatinuous, peaceful and exclusive possession, and quiet enjoyment of the entire premises during the term of the lease, the breaoh of which oovenant, by operation of law, or for any other reason, even if affecting only a small part of the premises, if not promptly corrected, will terminate the lease at the option of Lessee. Z. If. by mason of any law or ordinance or injunction. anor ruling or regulation of properly constituted authority. Lessee is legally prevented from using all or any part of the property herein leased, for the purpose for which it is leased, then, at losses +s option, this lease shall terminate and tin Lessee shall have the right, at its option, to remove all property put on the leased premises by it. XI. Lessee oovensnte and binds itself to obey all sanitary rules and regulations now in force, or which may hereafter be adopted, in the use of such property and the occupancy thereof& and to ocobnit no waste, lessee further covenants that it will pay the seat from month to month as the same f¢lls due, and if such rent is not paid whoa due sad laces& remains in default for as much as thirty (jp) days after written notioe and demand as it to pay the rental, lessor shall have the right to cancel this lease► rsronter end tste possession of the proper , but this shall not be the exclusive rsmedyL however, in such cases. Lessee shall have the right to remove any property which it may have put upon the leased premises within a reasonable time after suoh forfeiture is declared. XII. Iassee shall have the right and privilege to assign this lease or sublet these premises in whole or in part for the whole or any part of the tern of this lease upon such terms as to it shall seem best. It is agreed, however, that lass" shall not assign said lease or sublet said premises to any person, firm or corporation, which would handle on said premises petroleum products other than Gulf products, without first securing the consent and approval of the City Manager. Should the City Manager refuse to consent to said assignment or subleaso, the lessee nay, at its option, surrenQtr and cancel said lease and be released from any further obliga- ti on thereunder. VIII. It is understood and agreed that any holding oiosr by the Lessee at the and of this lease or at the and of sonar renewal or extension period without having first renewed or extended this lease in writing shall not be considered as a renewal or extension of this lease for any period longer than one month. It is understood and agreed that this lease shall not become binding upon the Leases until executed by a Vice President thereof. IN TESTIMONY hereof the parties hereto snouts this in triplicate originals on this the _ day of , 194_ ATTEST APPROVBDe ATTESTS City re ary City Attorney ey Ore ry THE STATE OF TBUS Q COUNTY OF NUICSS Q CITY OF CORPUS CHRISTI, Lessor. 1W Manager GULF OIL OCRPORATIOY, Lessee. BY oe s BEFORE IM, the undersigned authcritys- on this day personally appeared Roderic H. Thomas. known to ae to be the person whose name is subscribed to the foregoing instrument, as City Manager of the City of Corpus Christi. Texas, and acknowledged to ice that he executed the erect for the purposes and ounsiderstion therein expressed. in the capacity therein expressed and as the net and deed of said oarporstion. GIVEN UNDER !iY HAND AND SUL OF OFFICE on this the day of . A. D., 194 Notary public in and for vueess State of- Texas THE STATE OF PEHNSYLVAHIA COUNTY OF Ai.LSGUNY MWOSB ME, the undersigned authorityg on this day personally appeared ' known to m/ to be the person whose aw=e is subsoribed to the foregoing instrxmrnt as Via* President of tho Gulf Oil Corporation„ and acknowledged to ar that he executed the sans for the purposes and consideration therein expressed, in the capacity therein stated and as the cot and deed of said Corporation. GIVEN UNDER NY HARD AND 39" OF OFFICE on this the day of a A. D., 194 Notary Public in or Allegheny one y State of Pennsylvania.