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HomeMy WebLinkAbout02064 ORD - 04/15/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF THE CITY, LEASE CONTRACT COVERING THE BUILDING KNOWN AS BACHELORS' OFFICERS 14UARTERS, SAME BEING BUILDING NO. 655 LOCATED AT CUDDIHY FIELD IN NUECES COUNTY, TEXAS, TO F. E. BOWAN, AND DECLARING AN EMER- GENCY. WHEREAS, the City of Corpus Christi, Texas, has received a "Revocable Permit's from the United States of America to use Cuddihy Field or a portion thereof, located in Nueces County, Texas; and WHEREAS, the Building known as Bachelors' Officers quarters, same being Building No. 655, is a portion of the premises above mentioned and can be ]eased for sums which can be used to help meet the expense of upkeep for Cuddihy Field; and WHEREAS, a previous contract was entered into by the City Of Corpus Christi and F. E. Bowman covering Building No. 655 located at Cuddihy Field on March 3, 1947; and WHEREAS, it is deemed necessary by the City Council and F. E. Bowman that said first contract be changed and that a new contract be made to take the place of said original contract; NOff, 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, a contract for the leasing of Building No. 655 also lmown as Bachelors, Officers Quarters located at Cuddihy Field in Nueces County, Texas, to F. E. Bowman, a copy of which contract is attached hereto and made a part hereof, and reads as follows, to -Witt 1406 STATE OF TEXAS COUNTY OF NUECES This agreement made and entered into this the day of April, A. D. 1947, by and between the City of Corpus Christi, Texas, a municipal corporation. hereinafter called "City" and F. E. Bo,vman of Nueees County, Texas, hereinafter called "Lessee," — ,ITNES S ETN The City of Corpus Christi, Texas, does by these presents lease •.snd demise unto the said F. R. Sowmon, Lessee, the following described premises, to -wits The building known as Bachelorel Officers ;uarters, same being Building No.655 located sit Cuddihy Field, in Nueces County, Texas, for the term of one year, said lease beginning the lot day of April A,D. 1947. and ending the let day of April, A,D. 1948; the Losses Is to pay therefor the s!.tm of Four Thousand Two Hundred Dollars ($4,200.00) per year, same to be paid in monthly installments of $350.00. said monthly installments to be raid each month in ndvonce, the first to be paid on the first effective d<<te of the lease, !nd a like installment on the same doy of each sueceedin% month thereafter during the term of said lease, subject to the following conditions and covenants; 1. That the Lessee shall pay the rent in advance as afore- said ns the same stall fall due. 2. It is understood and agreed that the lensed ^remises :,re to be used for the following purposes only„ to -wits for living qunrtar for single working people wind trs,neient avintors, same to be a moderate price hotel. Said premises are not to be used for any other purpose than these herein specified unless consented to by the City in =ritin._. 3. Lessee agrees not to sub -let the lensed premises or nny portion thereof, except as under the terms of this contract for the purposes set out, without the consent of the City in writing, except the Lessee is to have the right to rent out rooms and portions thereof In accordance with the terms of this lease. La. No additions or alterations shall be msde to the pro- aloes without the consent of the City in writi daft and signed by laws$ and the Airport der for the City, some to set out a description of the property and equipment and the couditidm of much, it beiZiL understood a Copy of ease is to be attached to this less$ ageement end is to beooms a part thereof tor all pertinent pur- poses. 10. 1•sease egress not to use said promises for any illegal Or immoral puzpOm and actress to can."orm to all the laws of the 5tato, the united °states, and all rules set out by the City Manager of the City caC C.'orpus (Awist; , Texas. for Uie operation of tbo leased premiees. U. '-Ossos shall not permit or moil al4ohol c liquora or iWakeys on the promises. bttt the sale of beer is p,a toted provided saw is in aocorda=* with the Federal and rte to lases governing; same- " Tha ;.ass" shall promptly exsoute and fulfill all the ordinances of the "ity ce 4orpras ,I%rizti applickh1e, to said proni:sse, acid all orders and a^wsuirpment• Imposed by the Board of °lealth, tart arrl olive Departm ate, tor the correatimt, i>revention azid atrateiwnt o:" nuisanoes in, upon. or connected with said prezaises during; the term of this lease at his swat expense. 13. Lessee is to have the option to re..-WW } :1 a 10654 rat the expiration thereof for such terms and con eiderations as nw be aZraod upon by the :ity. it 'osing; understood that tills option is sub- ject to and contingent upset the terms sued conditions of the "H$voc able permit" from the ,Init&d ;tataa of 4merioa to the City, under which the City is operating ;uddlhy Field. 14. U Lessee further arses that in case of w4 default in any of the covenants and conditions of this lease. the City may 00- force the performance thereof in any madam or manner provided tv law, and qr declare the lose$ forf$itod at its discretion„ and its Its agents or attorney shall have t?ae right, without further notice or demand, to re -enter an3 remove all persons therefrom, without being, deemed Guilty of wW Amier of trespass and idthout prejudiooie any reresdies for arrears of rent or breach of oovenant, or the City, its -3- agents or attorney, any reawne possession of the promises and ro�let the some for the remainder of the term at the boot rent they may ob- tain, for account of the Lessee, who #hall make good sn7 defioienoys and tin Lessor (the City) &hall have it lien as 'eourity for the rent aforesaid, or sky rent due and unpaid tuxler said lease, upon all &,cods, wares, chattels, implownts, Pixtures, fumitura, tools and other per- sonal propertt- which are now l000ted on said premises or whioh may be plaoed on said premises by the Lessee, which lion shad be owntlative of the statutory lian created by law and in addition thereto. 15- However. it it expressly underat;ood and agreed by the parties hereto, that this lease is subject to a "Revooable Permit" issued by the United �Utea of America, by direction of the Chief of the 9urreau of Yards and Docks, meting wader dlreotion of the tsaretary of the Pavy, to the City of Corpus Christi, Texas, permittin( the use of 'J. :.:. Naval �uxiliary Air Station, Cuddil* Field. corpus Christi. Texas, or a portion thereof, and said lease is contingent on such permit and the terse thereof, and all rights of the Lessee are subject to the terms of said pernit, &nd it is further a-6raod t;-tat taut City la not to bs liable. in any ,awxter, for damages of arty naturo. for termination of this Jesse or Wr chan e# of the rihhte o the Lessen, ke kr1&,ue of any notion taken by the United States of &aorioa or their agents by virtue of aforesaid permit. 16. Lessee agrees to save *tad keep harmless the said City of Corpus 1,hristi, Texas, from may clams or damages of arty nature whatsoever due to any nogligonoe of Lessee or his employees in the operation of the lewd premises, 17. It is understood and agreed by and between the parties hereto that this oantroot is to be in lieu of sad tales the place of a oontraet between the City of Corpus Christi and F. E. boost oovering Buildirti, No. 615 above described. said contrast bearing ditto as of the 3rd d W of March. 1947, and said previous contract is to be of no further force► and effect. -4- bMted ixt duplicate this th* _ day of April, , D. 1947- CITY P COPPUS MISTI. TEXAS W ary e-r ATTEST% alt-j Secretary I M L2 77'� L-Y.-L F1"Nifs City Attorw*7 fl-'VITZI JF TM48 C XPTTY .)11 M:Fc�s 3S? iRF 7L. the undersigned aut1hority, on this day personally appeared F. Bow=, knom to m to be the person whose name is subseriZ)ad to the 1`orsgoing Instrument and ackz4owled&ed to 43a that he empouted the same for the purposes and consideration therein expressed. Oiveu =dar W -h=d ektd sea! of off ios t;iis the _day of April. 1947- Nblic In ;M Nr 99m-6 County, TWA$# STATE OF 1:•7j's COUM OF FUME'S XVIMB -M. the undersigned authority. on this 44W P*r8GcA11Y appeared Roderic 8. Thomas, City Uwa6ar of the City of Corpus Christi, Texas, hwn to me to be the person whose name Is subsoribod, to the foregoing instrument and acknowledged to me that he awout9d the same for the purposes and ounaidemUca, therein expressed, in the O&p*04%y therein stated mid as the not and deed of said City. Aven under my hax.4d and seal of orfiae this the � day of i1pril, A. D. 1�7- Notary VM114 in and for Nues" C*UM*V* TSWAW* 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 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 _¢ D. 191F7. R City of Corpus Christi, Texas ATTEST- City Secretary / APPROVED} S T LEG_kT, F M / y orne Corpus Chr} ti, Texas April &,L 1947 TO THE I%M$ERS 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 vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John k. Ferris R. R. Henry Joe T. Dawson ,�: