HomeMy WebLinkAbout02048 ORD - 03/18/1947AN ORDINANCE --e® 'If
AUTHORIZING ADD DIRECTING THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI TO EY.ECUTE FOR AND
01; BEHALF OF THE CITY, LEASE CONTRACTS COVERING
BUILDING NO. 613 LOCATED AT CUDDIHY FIELD, NUECES
COUNTY, TEXAS, TO WII{E GLASSCOCK, JR. AND DON A.
GLASSCOCK, d/b/a CUDDIHY ENT0PRISES; AND BUILDING
NO. 669 LOCATED AT CUDDIHY FIELD, NUECES COUNTY,
TEXAS, TO W. S. T!OFFETT, H. C. FELLA ARID H. D.
CRA'U7FORD, AND DECLARING AN EMRGENCY.
ifHER &AS, the City of Corpus Christi, Texas, has received
a "Revocable Permit" from the United States of America to use
Cuddihy Field or a portion thereof, located in Nueces County, Texas; and
I9THEREAS, Building No. 613 and Building No. 6613 are a
portion of the premises above mentioned and can be leased for sums
which can be used to help meet the expense of upkeep for Cuddihy
Field;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS - ,-MTSTI, TEXAS:
SECTION 1. That the City Manager of the City of Corpus
Christi be, and he is hereby authorized and directed to execute for
and on behalf of the City of Corpus Christi, contracts for the leasing
of Building No. 613 and the appurtenances thereto, located at Cuddihy
Field in Nueces County, Texas, to Mike Glasscock, Jr. and Don A.
Glasscock, d/b/a Cuddihy Enterprises; and Building No. 669 and the
appurtenances thereto, located at Cuddihy Field, Nueces County, Texas,
to W- S. Moffett, H. C. Pella and H. D. Crawford, copies of which con-
tracts are attached hereto and made a part hereof, and read as follows,
to -wit:
_, � D /g -
9TTATFS OF TsxeS
drat ay Xmas
This agreement marls and entered into this the der
of March. A. D. 1947. by and beteesws the City of Corpus Christi.. Twee.
a manicipal ccrporatioa, hereinafter called #City" and Bile Classoock,
Jr. and Dan A. Glasscock. ck/b%a Cuddiby enterprises of Musees County.
Texaco hereinafter called "lessees ~.
4 1 T I X 8 S B T H
The City of Corpus Christi. Texas. does by those presents
leasa and demise unto the said Inks Class000k, Jr. and D= A. Glasscock,
d,/b %a CuddUW tnterprlxss# Lomas, the follovin& doveribod premises,
tome it:
The building known as Ships' Service, sets being
Wilding So. 613 located at CuddUW Field in
Nu ores ftmty, Texas,
for the term of one year. said lease ba &ismiag the day of
March, A. U. Zs47• and ending the day of wroh, A. L. ig shs the
L less are to pay therefor the OUM Of TOO 4aOUMA Four htmd rd
Dollars (92s400.00) annually. some to be paid in monthly install-ants of
4200.00 per month, said monthly installments to be paid each month
in advanoo, the first to be paid an the first effective data of this
I*"* and a lilts installment on the same day of each sucossdins; mawni}n
thereafter during the term of said lease, subject to the follouing
annditiou and covexaants e
1. That the Lsssas shall pay the rent in advwnos as store—
said as the same shall :fall due.
2. It is understood and agreed that the leased promises are
to be used for the following purposes only, to -wits bowling. billiards,
pool room, cafe, grocery stare, drug store, laundry and pressing pickup
station, beauty shop and barber shop. Said promises are not to be used
for any other purpose than those herein specified unless eanseated to
by the City in writing.
3. Lassoes agree not to sub -let the leased premises or alp
portion thereof without the consent of the City in writing,
4. No additions or alterations shall be made to the pre-
mises without the consent of the City in writing= and any and all
improvements plsoed on said premises which are movable say be moved
by the iesseee at the expiration of this lease.
5. The Lessees agree that they will take good care of the
property and its appurtenances, and suffer no waste, and shall )Deep
the said promises in good repair at their own expense, and at the end
or other expiration of the Corm of this lease, skull deliver up the
domised premises in good order and condition, as saves are now in,
natural wear and tear and damage from t1w ole_ -a is only excepted.
6. Vio Lessees agree to pay for all utilities used at
the premises leased by them.
7. Tice City reserves the right to enter the said promises
at any time during the existence of this lease for the purpose of
inspecting tha same in order to determine whether the terms of said
lease are being observed and carried out.
8. The prices charged for things sold on the promises
by the Lassoes shall at all times be reasonable, and not exorbitant,
and comparable with prices charged for the same articles at similar
places in the City of Corpus Christi.
g. The lassoes agree to tabs good care of all movable
equipment, fixtures and property of any r:ature, furnished b„• the City,
and will keep came in good repair at their own expense, and at the ex-
piration of the term of the lease for any cause, shall deliver to the
City all of auch movable equipment, fixtures and all property of %W
raturo, in good order and condition, as same is now in, reasonable wear
and tear only excepted. The Lessees further agree to be responsible
for any of such movable equipment, fixtures and property, and in event
same or a part thereof is lost, stolen or destroyed, Lessees are to re-
place said property, in its ease state and condition, as same was in
-2-
when turned over to Lessees. An inventory of all personal properties
and equipment furnished by the City to Lessees is to be made at a later
date and sigAed by Lessees and the Airport SlanaGer for the City, same
to set out a description of the property and equipment and the condition
of such. it being; understood a copy of same is to be attached to this
lease abreemeut and is to become a part thereof for all pertinent purposes.
10. Lessees agree not to use said premises for any illegal
or irmoral purposes and agree to conform to all the laws of the
State, the United States, and all rules set out by the City Manager
of the City of Corpus Christi, Texas, for the operation of the leased
promisee.
11. Lessee shall not pans6t or sell alcoholic liquors or
whiskeys on the premises, but the sale oP beer is permitted provided
same is in saoordanos with the Federal and State laws g;ovoriiing same.
12. The Imssees shall promptly o=oute and fulfill all the
ordinances of the City of Corpus Christi applicable to said premises,
and all orders and requirements imposed by the hoard of cwalth,
Sanitary and Police Lopartments, for the correction, prevention and
abatement of nuisances in, upon, or oonreeted with said premises
during the term of this less@ at their own expense.
13. Lessees are to have the option to renew this lease at
the expiration thereof for such terms and considerations as may be
agreed upon oy the City. it being; understood that this option is sub-
ject to and cortltfient upon the teams and conditions of the "Revocable
P'srmit" from the United States of Awrioa to the City, under whlch the
City is operating Cuddihy Field.
" The Lessees aurtht,r agree that in case of any default
in any of the covenants and oonditions of this lease. the City may en-
force the performance thereof in coy modes or manner provided by
law, and may declare the lease forfeited at its discretion, and its
its agents or attorney shall have the right, without further notice
or demand, to reenter and remove all persons therefrom@ without being
deemed guilty of any manner of trespass and without prejudice to any
-3-
rules for arrears of rent or breach of covenant, or the City, its
agents or attorney, my resume possession of the presbisss and re —let
the same for the remainder of the term at the beat rent they may ob-
tain, for the account of the Lease.&, who shall sake good any deficiency,
and the Lessor (the City) shall have a lion &s Security for the rent
aforesaid, or any rent dus and unpaid under said lease, upon all goods,
wares, chattels, implsnonts, _fixtures, furniture, tools and other per-
sonal property which are now located on said promises or which may be
placed can said premises by the lessees, which lien shall be cumulative
of the statutory lien created by law and in addition thereto.
15. However. it is expressly understood and agreed by the
parties hereto, that this lease is subject to a "Revocable Permits
issued by the United State& of America. by direction of the Chief of
the Bureau of Yards and Flocks, acting, border direction of the , ocrstary
of the Navy, to the City of ::orpua Christi, 'Zoxas, peruittin6 the use
of L,. 2daval .uxiliary ;?ir Station.. L"uddihy Fiold, Gorpua Christi,
TwAs, or a portion thereof, and said lease is contin ant on such permit
and the terms thsrsof, and all rights of the Lassoes are subject to the
tern& of said pernLt, and it is further +&rood that 'tiva City is not to be
liable, in acy manner, for damages of nay nature, for oM termination
of this lease or any changes of the rights of the Lessees, by virtue of
&W action taken by the United states or '&,erica or their agents by
virtue of aforesaid permit.
16- Lessees agree to save and keep harmless the said City
Of Corpus Christi, Texas, from any claims or damagea of any nature
whatsoever due to any na,611 ence of Lessees or their employees in the
operation of the leased premises.
Executed in duplicate this the day of :;`eroh, '.D. 1947.
CITY OF CG1PFUS CTMISTZ, TUXAS
A'1'TSs ST : Ry
city I r
city aOOMa y
APPROVED AS TO LNG.AL NORM#
esees
y A; awry
1+-
STATE OF TEXAS
eTMTY OF NU^C?S
et MB ME, the undersiGned authority. on this day personally
appeared Film Class000k, Jr. and ton A. Glasscock, kn*M to me to be
the persons whoa* names are subscribed to the foragoinC instrument
and acknowledged to to that they executed the same for the purposes
and consideration herein expressed.
Given under s6' hand and seal of office ttiat the dsyy
of March, A. G'. 191t1.
o o in an for Nueess
County, 'Texas.
STWTE OF WAS
COUNTY OF NURCES
BEFUn YE:, the undersipaad authority, on this day personally
appeared Roderic b. T'hwas, City VanaEer of tim pity of corpus Christi,
Texas, known to me to be the person mhos name is subscribed to the
foreGoinw instrument and acinosledaed to me thrit im executed the same
for the purposes and consideration therein expressed, in the oapwity
therein stated and as the acs and deed of said City.
Given under my hand and seal Of office this the day of
March, A. I. 190-
—5—
Notary Public In and for s
County, Texas.
STATE OF TEXAS
COUNTY OF NUSCES
This aGreement made and entered into this the day of
Urch, A, u. 1947, by and between the City of Corpus Christi, texas,
a municipal corporation, hereinafter called "City" and W. S. Moffett.
H. & polls, and H. D. Crawford of tbusoes County, Tex", hereinafter
called "Lessees ".
_.ITN S S E E T$
The City of Corpus Christi, Texas, does by these presents
lease and demise unto the said w. S. 11offett, A. C. fella and i. D.
Crawford. Lessees, the followinL, described premises, to -cite
The grand stand or baseball park being Building
&%9located at Cuddihy Field in Nueoss
County, Texas,
for the term of one year. said lease be Laing the dsy of
Varch. A. D. 1J9+7, and ending; the _ day of '?arch, A. D. 19461 the
Lessees are to pay therefor the ai7fib of Two Hundred and Forty ;'411ars
(;2140.00) for a year, saws to be paid in monthly installments of
320.00 per month, said monthly installments to be paid each month
in advance, the first to be paid on the first effective date of this
leans and a like installment on tkw same day of each succeeding month
thereafter during the term of said lease, subject to the following,
conditions and covenantal
1. That the issseas shall pay the rent in advance as afore-
said as the same shall fall due.
2. It is understood and abreed that the leased premises are
to be used for the following purposes only, to -wit: for baseball
park and related sport activities. Said promises are not to be used for
any other purpose than these herein specified unless consented to by
the City in writing.
3. Leases& agree not to sub -let the leased promises or any
portion tbureof, without the consent of the City in writing.
4. No additions or alterations shall be made to the pro-
mises without the consent of the City in writings and any and all
improvements placed an said promises which are movable may be moved
by the Lessees at the expiration of this lenae.
5. The lessees agree that they will trice good care of the
property and its appurtenances, and suffer no waste, and shall keep
the said promises in ;rood repair at their own expense, and at the end
or other expiration of the term of this lease, shall deliver up the
domisod premises in ;ood order and condition, as same are now in,
natural wear and tear and damage from the elements only excepted.
6. Lassoes aj;ree to maintain and keep up the promises all
durin{; the year in Good conditions as some are now in.
7. TI* Lessees agree to pay for all utilities used at
the promises leased by them.
a. The City reserves the right to enter the said premises
at any time during the existence of this lease for the purpose d
inspecting thu sane in order to determine whether the terme of said
loss* are being observed and carried out.
90 Leaseesie^e tc hM the right to a oowessi(m stand for
the sale of soft drinks and confections.
10. The prices charged for things sold on the premises
by the Lessees Shall at all tines be reasonable, and not exorbitant,
and comparable with prices charged for the sera articles at similar
places in the City of Corpus Christi.
11. The Lessees agree to take good care of all movable
equipment, fixtures and property of any nature, furnished by the City,
and will keep same In good repair at their awn expense, and at the ex-
piration of the term of the lease for any cause, shall deliver to the
City all of such movable equipment, fLAures and all ' property of any
nature, in good order and condition, as same is now i, reasonable wear
and tear e>r11y excepted. The Lessees further agree to be responsible
for any of such movable equipment, fixtures and property, and in event
same or a part thereof is lost, stolen or destroyed, lassoes are to re-
place said property, in its sane state and condition, as same was in
-2-
when turned over to Lossess. An inventory of all personal properties
and equipment furnished by the City to Lessees is to be made at a later
date and signed by Lessees and the Airport Manager for the City, same
to set out a description of the property and equipment and the condition
of such, it bolo& understood a copy, of some is to be attached to this
lease aeresmant and is to become a part thereof for all pertinent purposes.
12. lessess agree not to use said promises for &zW illegal
or immoral purposes and agree to conform to all the laws of the
State, the United ;tates, end all rules set out by the City ''.'auager
of the City of Corpus Christi, Texas, for the operation of the leased
premises.
13. The Lessees shall not permit malt, vinous or alcoholic
boverat,es in the demised promises; end will not permit amokin6 in
any place where such would be a fire hazard and will at all times
display "No SwkinZ" signs where designated by the airport tl'ariaayor or
City Fire repartment.
" The ),assess shall promptly ezecate and fulfill all the
ordinances of the City of Corpus Christi applicable to said premises,
and all orders and requirements imposed by the Board of i]oalth.
Sanitary and :office ropart;lents, for the corrections prevention and
abatement of nuisances in, upon, or connected with said premises during
the term of this lease at their own ex ense.
15. Lossess are to have the option to renew this lease at
the expiration thereof for such terms and considerations as may he
agreed upon by the City, it being understood that this option is sub -
jeot to and contingent upon the terms and conditions of the "PAvocable
Permit" from the United states of ?merioa to the City, under which the
City is operating Cuddi ;y Field.
lb. The Lessees further agree that in case of any default
in any of the covenants and conditions of this lease, the City may en-
force the performance thereof in any modes or manner provided by
Iwo and may declare the lease forfeited at its discretion, and its
its agents or attorney shall have the right, without further notice
-3-
or demand, to re -eater and remove all persons therefrom, without being
deemed guilty of any msnwr of trespass and without prejudice to mW
remedies for arrears of rant or breach of covenant, or the City, its
agents or attorney, may reeLva possession of the premises and re -let
the as= for the remainder of the term at the best reset they may ob-
tain, for the account of the Lessees, who anall malm good any deficiency;
and the Lessor (the City) shall have a lien as 5eoarity for the rent
aforesaid, or any rent due and unpaid" under said lease, upon all oods,
warea, chattela, implamente, fixtures, furniture, tools and other per -
sa¢ial :property which are now located an saki promises or which may be
placed on said promises by the Lessees, which liera shall be cumulative
of the statutory lien created by law and in addition thereto.
17- Rawaver, it is expressly understood and agreed by the
parties hereto, that this lease is subject to a "Revocable Hermit"
Issued by the united states of LTarica, by direction of the Chief of
the Bureau of Yards and Docks, actin, under direction of the SecretW7
of the FFavy. to the City of Corpus Christi, Texas, permittinc the use
of U. S. Navel ..auxiliary Air Station, CuddikW Yield, Corpus Christi,
Texas, or a portion thereof, and said lease is continent on such permit
and the terms thereof, and all rights of the Lessees are subject to the
terms of said permit, and it is further &heed that the City is not to
be liable, in any msnuer, for daaa6es of any nature, for wW terminations
of this lease or any changes of the rights of the Loanses. by virtue of
say action taken by the ULated :'tates of merica, or their agents by virtue
of aforesaid permit.
18. Lessees agree to says and keep harmless the said City
of Corpus Christi, Texas, from any claims or dsma,gee of any nature
whatsoever due to any aeLligenoe of Lessees or their employees in the
operation of the leased promises.
Executed in duplicate this the day of March, A.D. 1917.
CITY OF CORPUS Ca- ISTI, TEXAS
ATTFSTs
City �wra ager
APPRMD AS TO L,, GAL FMMs
City Attorney
sees
1^70'r ir,-, the undersigned authority, on this dmy porsonally
C. Walla, and 7, 7, (,Mrord, known to Me
to be the persons whose nk-,qes are subsurD od to the forezolnZ Immtrtm-Ont
azid aolmowledi;ad to * that they executed the see for the purposes
-nd consideration thamin expressed.
"i'lar under -rr hand and meal of offloe t*,,.,I.s the _ day
of I!arah, A. 19. 19147.
STATE Of., 711)"Is
COUNTY OP RUECES
.o ,f -"a M and 7= M—ebem
I
� ouc may. Tomma.
'S. the arAersigod authors j, cu this elay personsIV
appeared Rodaric :3. ;'I'lorzas, ?n cm , ti,
, 'Aty of Corpja Christi.
1=44. known to me to be the parson whose name is subscribed to the
fOregoin.;r instruinnt =d moknowledi;ed to m, thSt he executed the same
for tlia r-twposes and 001ISIderatIon therein az reased, in the espeLcity
therein stated and as the 4LCt and dead of said City*
riven wider nW hand and Beal of office this the _ day of
Maroh. A. D. 1947.
Kotary PublIc in and ?or ?-,'u93;s
Gotulty. Texas.
SGCTIOY 2. The necessity for establishing air facilities at
Cuddihy Field and the necessity for receivin& revenue to be used for
the upkeep of said field, creates a public emergency and public imper-
ative necessity requirinL 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, ana raving
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
AC(,'ORDI1,7GLY 65 JEWAINgD.
PASSED IUD AI'PiZvVF'D this day of I.`arch, 1917.
City of Corpus Christi, Texas.
ATTEST.
City Secretary
AiYRUTED S To L'f(,AL Y CIdlo
ity Attorney
Corpus Christi, Texas
March -1-L, 1947
TO 'TH:,,' R'21BERS 01' 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 mcetin�s 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,
n' w 0 n
CITY OF CORPUS C1:S {IS'TI, TEY-U.
The Charter rule was suspended by the following vote;
6'lesle�, E. Seale
John A. Ferris
George R. Clark, Jr. G/=
R. R. Henry
The above ordinance was passed by the following vote..
rdesley R. Seale
John A. Ferris
George R. Clark, Jr.
R. R. Henry
a614r