HomeMy WebLinkAbout02055 ORD - 04/08/1947AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR
AND ON BEHALF OF THE CITY, LEASE CONTRACTS
COVERING THE NORTH CNEiHALF OF THE SOUTHEAST
ONE -HALF OF HANGAR NO. 653, LOCATED AT CUDDIHY
FIELD IN NUECES COUNTY, TEXAS, TO ROGER L.
GAULT AND APPROXIMATELY 165 ACRES OF LAND
LOCATED BETWEEN RUNWAYS AND ADJOINING CONCRETE
APRONS AT CUDDIRY FIELD, NUECES COUNTY, TEXAS,
TO WAYNE WARD, AND DECLARING AN EMERGENCY.
wHEXY,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
WHEREAS, the North one -half of the Southeast one -half of
Hangar No. 653 and approximately 165 acres of land located between
runways and adjoining concrete aprons at Cuddihy Field, Nueces County,
Texas, 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 CHRISTI, 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 the North one -half of the Southeast one -half of Hangar No. 653 and'
the appurtenances thereto, located at Cuddihy Field in Nueces County,
Texas, to Roger L. Gault; and approximately 165 acres of land located
between runways and adjoining concrete aprons at Cuddihy Field in
Nueces County, Texas, to Wayne Ward, copies of which contracts are
attached hereto and made a part hereof, and read as follows, to -wit:
STATE OF TEXAS
COTAITY Or, KU3=8
This agreement made and entered into this the day
of :larch, A. V. 19W. by and between the City of "rpus Christi, Texas,
a municipal corporation, hereinafter called City" and Roger 1.
Gault, of Nusoes County, Texas. hereinafter termed "Leases ".
CI I T N E 9 5 E: T it
The City of Corpus Ghriati, Texan, does by these presents
lease and demise unto the said Roger L. Gault* Lessee, the following
described promises, to -vita
N one -half of the SS one -half of itaangar No. 653, located
at Cuddihy Field in Nueoes County, Texas. together
with concrete aprons adjacent and adjoining thereto
described as follows,
Beginning at a point on the St side of said hangar
said point being equal distance between the A end of
said hangar and the NX, and of names
Thence N 150 foot to corners
Thence Sa lye foot to aorners
Thence S 252 feet to corner$
f4lsnoe NA to the center dividing; line at the SS and
of said hangar
for the term of one year, &aid lease beginning the day of March.
_.. D -, 1947, and ending the day of Yhroh, A. 1). 1948$ the
Lessee is to pay therefor the sum of '410 thousand Sight hundred
Dollars (.1,800.00) per year. ■ame to be paid in monthly installments
of 4150.00, said monthly installments to be paid each month in ad-
vanes, the first to be paid on the first etfeetivo date of the lease.
and a like installme, on the sam& duy of soon succeeding month there-
after during the term of said lease, subjeot to the following oonditions
and covenantee
1. That the Lessee shall pay the rent in advance as afore-
Said, as the same shall fall due.
2. It is understood and agreed that the leased premises are
to be used for the following purposes only, to -wits for aircraft
storage, sales, maintenance, operations, schools and similar aviation
activities in connection with and pertinent to the above stated usage.
Said premises are not to be used for any other purposes than these here-
in apsoified, without the consent of the City in writing.
3. If Lease* engages in flying training, oharter service
or operating commercially for hire, reward or profit, he agrees to
pay to the City in addition to the annual rental of 11600.00 set
out above, an operation charge which shall be paid as follower $150.00
for each six ==the period for one airplane] if second airplane is
used, it may be operated free of extra charge to lessee; and $5.00
per month is to be charged for each additional airplane over two, the
operational charges for the first plane to be paid each six months
in advance] the charge of $5.GO per plane for each plane over two in
number is to be paid monthly in advance.
iH If the Lssue sells gasoline at leased promises in con-
nection with use of same, than in such event Lessee agrees to pay the
City the sum of two cents ($02) per gallon for the first five thousand
(5-000) gallons of gasoline sold on the leased promised and one cent
(S.01) per gallon for each eallott over five thousand gallons sold on
the promises. saito to be payable on the 10th day of each month following
the sals, during the term of this lease, it boin6 uuderstood that this
rental based on the sale of gasoline is to be in addition to the rental
charge heretofore mentioned in this agreement.
5• It is further understood and agreed that in the event
a portion of the promises herein leased are sub - leased by the Lessee
to be used as office space, then and in such event, the Lasses agrees
to pay the City the sum of 10% of the S,ross amount received from such
sub - lessee for the sub - less*, said amount to be in addition to the
rentals hersiaabove set out.
6. Lessee agrees not to sub -let the leased promises or any
portion thereof, except as under the terms of We contract for the
purposes set out, without the consent of the City in writing.
7- No addition& or alterations ahall be made to the promi-
sea without the consent of the City in 'writing= and it is expressly
agreed that all permanent additions or alterations made for the Lesses
shall become the property of the City.
MM
S. The lasses agrees that he will take good oars of the
property and its appurtenances, and suffer no Baste, and shall keep
the said premises in Good repair at his own expense, and at the and
or other expiration of the term of this lease, shall deliver up the
demised promises in good order and condition, as same are now in,
natural wear and tear and damage from the elements only excepted.
9. The Lessee agrees to pay for all utilities used at
the promises leased by him.
10. It is further understood and agreed that the right
of ingress and agrees is reserved by the Lessor (the City) heroin,
for the use of its employees and the general public, to allow thee,
to enter hangar Ito. 651 for the purpose of visitin& the office of
the Airport Manager and the control tower.
11. The City reserves the right to enter the said promises
at any time during the existence of thin lease for the purpose of
inspecting the woes in order to determine whether the tongs of said
lease are beint; observed and carried out.
12. The prices charged for things sold on the }promises
by the Lassos shall at all times be reasonable. and riot exorbitant,
and cozparable with prices oharged for the same articles at similar
places in the City of Corpus Christi.
13. The Lessee agrees to take good care of all movable
equipment, fixtures and property of any nature, furnished by the City,
andvill keep same in good repair at his own expense, and at the ex-
pirstion of the term of the lease for any cause, shall deliver to the
City all of such movable equipment, fixtures, and all property of any
nature, in good order and condition. as same is now in, reasonable
wear and tear only excepted. The Lessee further agrees to be responsible
for any of mush movable equipmient$ fixtures and property, and in event
sass or a part thereof is lost, stolen or destroyed. Lessee is to re-
place said property, in Its same state and condition, as seam was in
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when turned over to lessee. An inventory of all personal properties
and equipment furnished by the City to losses is to be made at a later
date and siwned by Lessee and the Airport Sianagsr for the City, sams
to set out a description of the property and equipment and the condition
of such, it being understood a copy of ease is to be attached to this
lease agreement and is to became a part thereof for all pertinent pur-
poses.
14. Lessee further agrees that he and all his employees
shall abide by all rules and re6ulatiors as set out by the Airport
Manager anti uhs City of corpus Christi, and the said employees shall
remain on the promises of the Losses at all times, unless their
offioial duties require otherwise, and that they will use onL the
toilets and washrooms designated for the Lessee and his employees.
15. The Lessee shall not permit malt, vinous or alcoholic
beverages in the demised promisees and will not permit smoking in
any place where such would be a fire hazard and will at all times
display "No Smoking "signs where designated by the Airport Uanaiar or
City Fire Departmentl lessee further agrees to paint, dopes store
inflammable materials, weld. or carry on any activity that might be
a fire hasard, only in those places designated by the City Fire VArshal.
16. The losses shall promptly execute and fulfill all the
ordinances of the City of Corpus Christi applicable to said pramisee.
and all orders and requirements imposed by the board of Ho aiths
Sanitary and Police repartment, for the correction# prevention and
abatement of nuisances in, upon, or concocted with said promises
during the term of this Isass at his own expense.
17. Lessee is to have the option to renew this lease at
the expiration thereof for such terms and considerations as may be
agreed upon by the Citys it being understood that this option is sub -
Jest to and contingent upon the terms and conditions of the 'Revocable
Permit" from the United States of 4merica to the City, under whioh the
City is operating Cuddihy Field.
l6, The Lessee further agrees that in case of any default
in any of the covenants and conditions of this lease, the City may en-
Some the performance thereof in any modes or manor provided by
law, and my declare the lease forfeited at its discretion, and it,
its agents or attorney slmll have the right, without further notice
or demand, to re -enter and romays ail persons therefrom* without being;
doomed guilty of any manner of trespass and without prejudice to any
remedies for arrears of rent or breach of covenant, or the City, its
& &exits or attorney, racy resume possession of the promises and re -let
the same for the remainder of the term at the best rest they may ob-
taro, for account of the leases, who shall maks good any deficiency)
and the iassor (the City) shall have a lion as security for the rent
aforesaid, or any rent due and unpaid under said lease, upon all goods,
warns, chattels, implements, fixtures, furniture, tools and other par -
sonal property wiaich are now located on said premises or which may be
placed on said promises by the Lessee, which lien shall be oumulative
of the statutory lien created by law and in addition thereto.
1). 1owever, it is expressly understood and agreed by the
parties hereto, that thin lease is subject to a "Revocable Permit"
issued by the United States of America, by direction of the +thief of
the IhWesu of Yards and Docks. acting under direction of the Secretary
of the Navy, to the City of Corpus Christi, Texas, permitting the use
Of ti. S. Naval Auxiliary Air Station, Cuddihy Field, Corpus Christi,
'iexas, or a portion thereof, and said lease is oontin,;ent can such permit
and the terms thereof, and all rights of the Issas* are subject to the
terms of said permit, and it is further &&rood that the City is not to
be liable, in any manner, for demages of any nature, for any termination
or Chis lease or any changes of the rights of the Lessee, by virtue of
MY action taken by the United States of Aaerioa or their agents by
virtue of aforesaid permit,
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1947•
fcecuted in duplicate this the day of March, A. D.
CITY OF O PUS CHRISTI, TEXAS
gY
ATTEST: City Manager
orry eoretary Neseq
Ak,rIR.OVKD AS TO LEGAL FURMe
My- A orney
STATE UP TEXAS
COUNTY OF NUSC &S
VFW NE, the undersigned authority, on this day personally
appeared Roger L. Gault. )mown to me to be the person whose name is sub-
scribed to the foregoing instrument and aokaowledgeu to me that he
executed the name for the purposes and consideration therein expressed.
Oren under my hand and seal of office this the day of
Sarah,
D. 1 vj.
otary Mlia in and for Vueaes
County, Texas.
STAN OF T ERAS
COUNTY OF ?J1UECES
3S ORR !rL, the undersigned authority, on this day personally
appeared Roderic S. Thomas, Uity Anager of the City of Corpus Christi,
Texas, known to me to be the person whose name is suoscribed to the
foregoing instrument and acknowledged to ma that he executed the same for
the purposes and consideration therein expressed, in the capacity therein
stated and as the sot and deed of said City.
,liven under nV nand and seal or office this the day of
March, . D. 1,947.
otary Public in mad for Nusees
County,Texas.
fwTATS tV TJ=3
CafINTY T, xuka-
This a&reem nt made and entered into this the day oC
April, A. D. 1947, by and between the City of Corpus Christi. Texas.
a mmioipal corporation, hereinafter called "City" and Mayne Wad of
Nuusoes County, Twain, hereinafter called "lessee ".
V I T N L D S D T%
The City of Corpus Christi, 'etas, does by these presents
lease and demise unto the said '6'agyne i,;ard. Lessee, tho following,
desaribed premises, to -witt
Approzimately 165 acres of land located between
rmwWa and adjoining concrete aprons at Cuddihy
Pleld in Mueees County. Texes,
for the term of one ,goer begimning reptember 1, 1947, and anding an
September 1, 1946; the lassee is to pay therefor Vw sum of Eight
Dollars ( *,O.CU) per acre per year, the total a;no*ant to be determined
when tike lard is scaled. Upon the execution of this lease the loss"
Is to pay for one hundred (100) acres of laud, or ",kw suss of Right
lhuuired Collsrs (1800.00). and is to pay the remainder duo an said
loaso uvrewwnt on or borore repteml)or 1, 191,'7. 'Att it is understood
and agreed that if said Lessoe can raise a crop or crops on said land
between now and December 1. 1947, Laos** agrees to pay the Lessor one -
third (113) of the grain raised on said land and one fourth (114) of
the cottons raised on said land, or the markst va ue thereof, as rentals
In addition to the rental of right Dollars ($8.00) per aors as aroreaaid#
subject to the follawixzg conditions and covenantss
1. That the Lessee shall pay the .rent in advance as afare-
maid se as= shall fall dim.
2. It is understood and agreed that the leased promises are
to be used for a6rioulturai purposes only. That presisee are not to be
used for any other purpose than these herein specified unless consented
to by the City in writinZ.
3. Ieesse agrees not to sub -let the l040ed promises or any
portion thereof without the oonaent of the City in writing.
4. Lessee agrees to pay for asst' and all damages to arty
utility lines or equipment located an said land which my be incurred
by his frrminL or agricultural operations or to replace all of such
Bass Injured or aeatrvysd as a result of his agricultural operations.
j. -he losses �E as that he will take food can of the
property and its appur'tenurees, axid suffer no waste, and shall 1wep
the &aid prealues in goad repair at his own expense, and at the end
or other expiration of thy: tern, of this lease, shall deliver up the
demised promises in good order and condition, ac same aro nom in,
natural wear awe: tear and aiaz:&6e iro:: the elei!%uits only excepted.
b. The !,asses agress to pay for all utilities used at
the premises leased by him.
?. The City rsssrves the ri6ht to enter the said promises
at any time during the existence of this Ismse for the purpose of
inspoatin_; the same in order to determine whether the terms of said
lease are beiriL observed and carried out.
8. Lessee agrees not to use said ?remises for any illegal
or iaimoral purposes and awes to conform to all the Jews of the
Mate, the aalted ;"'tates, and ale rules sot out by the City },hnaor
of the City of 11orpus aristi, Tex", for t o operation of the loased
promises.
q. The Lasses &hall not permit malt, vinous or alooholio
bevera4;es in the demised preanissei and will not permit waking in
cagy place where such would be .a fire hazard and will at all tin"
display `No amaaki j;° sign where designated by the Airport Manager or
City Firs Department.
10. The losses shall promptly execute and fulfill all the
ordiusnoes of the city of Corpus Christi applicable to said premises,
and all orders and requirements imposed by the Board of health,
Sanitary and Police Departmentas for the correction, prevention and
abatec=t or nuisauaas in, upon, or connected with said promises during
the term of this lease at his own expenses
11. Lossee is to have the option to renas tills Issas at
the expiration thereof for suoh tames and considerations as may be
-2-
agreed upon by the City, it bein. unndsrstood that this option is sub-
ject to and continLent upon this terisis and conditions of the "Revocable
Permit" from the T.kdted Mates or Amsriaa to the City under which the
City is operatin,,; Cuddihy Field.
12, The Lessee further agrees that in care of any default
in any of the oovenants and conditions of this loans, the City may en-
force the pergarmarwo thereof in any :codes or manner provided by
lax, u4 may declare the lease forfeited at its disoretioN, and Its
Its agents or attorney shall have the right, without further r.otios
or demand, to re -enter and remove all perzans Vz° rofrcay wi'.:huut being
deemed Luilty o£ anp mannsr of trespass and without prejudice to any
remedies for arrears of rent or breach of covenant. or the City, its
agsnts or attorney, noy resume possession of the premises and re -let
the same for the remainder of the tern at the best rent thusr mays ob-
fain, for the account of the Lessee, who shall make good any deficieneyf
and the Tessar (the City) shall have a lien as Security for the rent
aforesaid, or aW rent due and unpaid under said lease, upon all crops,
goods, wares, chattels. implemants, fixtures, funUturs, tools and
other personal property which are now loosted on said premises or which
ms,y be placed on said premises by the Lessee, which lion shall be oum-
lative of the statutory lion created by Ism end in addition thereto.
13. However, it is expreenly understood and agreed by the
parties hereto, that this .lease is subject to a "Ravocable Permit"
Issued by the thited 'tates of o eri.oa, by direction of the Chief of
the Bureau of 'bards end !,oaks, actin, wador direction of the Secretary
of the Nagy, to t'ne City of Corpus Christi, Texas, permittirGG the use
of U. '. Naval '=ili.ary Air Station, C2uddi1W "field, Corpus Christi.
Texas, or a portion thereof, and said lease is oonAn6ent eu such permit
and the terms thereof, and all rights of the Lessee are subject to the
terms of said permit, and it is further afreed that tho City is not to
be liable, in aqy manner for damages of any nature, for any tsrmiratioan
of this lease or sxV changes of the rights of the Lessee, by virtue of
sny action taken tk the United States or America or their agents by virtue
of aforesaid permit,
-3-
lda. Lessee aLress to save and keep harvaess the said City
of Corpus Christi, texas, Tram =w claim or dazwii;us of &W nature
whatsoever duo to any i:o4libanoe or Losses or his amployeas in the
operation of the leased prenisos.
};eouted in duplicate this the _ day of April, '.D. 1947*
C!•PY , ' Cckxwus C n STI, ms
ATT'%82's t$'
City " sr
City rotary
AikROVhv A6 TO 1;&G" FORNt losses
G;97,
STATE. OF TEXAS
COUNTY OF WJECBS
Bel'v m 'ids, the uedersiped authority, an this day personally
appeared ftyne 'ard, known to me to be the person whose nowe is subo,
scribed to the foregoing instrument and aoknoeledLed to � that he exanutod
the same for the purpmas and oonsidaration therein expressed.
Given under my hand and seal of office this the ^� day of
April, A. D. 19147.
Notary Public in and for rueoss
County, Texas.
STATZ OF' TUAS
COUNTY OF NUE:CAIS
BFI- -ORE r-3, the uAdersiowd authority, on this day personally
appeared Roderic A. Thomas, City Manager of the City of Corpus Christi,
Texas. Imam to me to be the person whose name is subscribed to the
foregoing instrument and acknowledUed to = that he executed the saga
for the purposes and consideratior therein expressed, in the capacity
therein stated " as the act wad deed of said city.
Given under wry hand srd seal of office this the � Gay of
April, , . D- 1947•
Notary PublIa In and for woos
County, Tows.
is
SECTION 2. The necessity for establishing air facilities
at Cuddihy Field and the necessity for receiving revenue to be used
for the upkeep of said field, 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 Gharter 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 April, A. D. 1947.
7:� _srL—
City of Corpus Christi, Texas.
ATTEST:
City Secretary 7
APPROVED AS TO LEGAL FORh::
City t orney
Corpus Christi, Texas
April �_, 1947
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,
YOR
City of Corpus Christi, Texas.
The Charter rule was suspended by the following votes
Wesley E. Seale
John A. Ferris
George R. Clark, Jr.
R. R. Henry
Joe Dawson
"
The above ordinance was passed by the following vote:
Wesley E. Seale
John A. Ferris
George R. Clark, Jr.
R. R. Henry
Joe Dawson ""'Z