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HomeMy WebLinkAbout02084 ORD - 05/13/1947AN 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 APPROXIMATELY 200 ACRES OF LAND LOCATED BETWEEN RUNWAYS AND ADJOINING CON- CRETE APRONS AT CLIFF MAUS AIRPORT IN NUECES COMITY, TEXAS, TO ALVIN MCNAIR, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TEE 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 lease agreement between the City of Corpus Christi and Alvin McNair covering approximately 200 acres of land located between runways and gaining concrete aprons at Cliff Maus Airport in Nueces County, Texas, a copy of which lease agreement is attached hereto and made a part hereof, and reads as follows, to -wit; STATE OF TEXAS CaJM OF SUMS This agreement made and entered into this the day of A. D. 191+7, by and between the City of Corpus Christi, Texas, a municipal oorporatia , hereinafter called "City" and Alvin McNair of Nusoes County, Texas$ hereinafter called "Leases ". W I T N 9 d SS T11 :rho City of Corpus CI-,ricti, Texas, does tryr these presents lease and dom -Iss unto the said Alvin McNair, Lessee, the following described preaisec, to -wits Approximately A 6 D acres of land located between sunways and adjoining concrete aprons at Cliff Maus Airport in Kueoes County, Peres, for the term of five (5) years beginnirIL May __. 1947, and ending May -, 11523 the Lessee is to pay therefor the sun of Ton Dollars ($10.00) per &are per year, the total anount to be determined when the land is scaled, upon the execution of this lease the Lessee is to psy One -half W Of the annual rental payment, and is to pay the remainder due on said lease agreement an or before October 1. 1947. and after the first year's term of the lease, Lessee is to pay each year's annual rental at the rate of 110.00 per ears on or before the day of 19148, and lips annual rental on the ear.® date of each succeeding Year thereafter during the term of said l"ae6 subject to the following Conditions and covenantal 1. It is understood and agreed that the leased premises are to be used for agricultural purposes only. That promises are not to be used for aw other purpose than these herein apeoified unless oonsented to by the City in writing. 20 1,08680 agrees not to sub -let the lensed premises or any portion thereof without the consent of the City in writing. 3. Lessee agrees to pay for aW and all damages to acd utility lia04 or equipment located on said land which may be incurred by his farming or agricultural operations or to replaee all of such lines injured or destroyed as a result of his agricultural operations. 4. The Lessee agrees that he will take good ooze of the property and its appurtenances, and suffer no waste, end shall keep the said premises in good repair at his cum expense, and at the and or other expiration of the term of thin lease, shall deliver up the dsaised premises in good order and condition, as same are now La, natural wear and tear and damage from the elements only excepted. 5. The Lessee agrees to pay for all utilities used at the premises leased by him. b. The City reserves the right to enter the said premises at any time during the existence of this lease for the purpose of inspeotinC the same in order to determine whether the terms of said lease are being observed and carried out. 7. Lasses agrees not to use said premises for any illegal or immoral purposes and agrees 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 "ration of the leased premises. 8. The Lessee shall not permit malt, vinous or alcoholic beverages in the demised premiseal and will not permit smoking in aZW place where such would be a fire hazard and will at all times display "No Smoking° signs where designated by the Airport Manager or City Fire Department. 9. The leases shall promptly execute 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 Health, Sanitary and Police Departments, for the correction, prevention and abatement of nuisances in, upon, or connected with said premises during the term of this lease at his own expense. 10. The Lanese further agrees that in oass of any default in aqy of the covenants and conditions of this lease, the City mmV en- force the performance thereof in my modes or manner provided by, law, and may declare the lease forfeited at its discretion, and it, its agents or attorney shall have the right, without further notice or M14M demand, to re- enter and remove all persons therefroay without being deamed guilty of any manner of trespass and without prejudies to any remedies for arrears of rent or breach of covenant, or the City. its agents or attorney, may resume possession of the premises and re -let the Sams for the remainder of the term at the beat rent they my ob- tain, for the account of the iesseo, who shall masse good any deficiencyj and the Lessor (the City) shall have a lien as security for the rent aforesaid, or mw rent due and unpaid under said lease, upon all crops, €;'odds, wares, chettais, implenlffntc, £ixturec, furniture, tools arc other personal property which are now located on said premises or which way be placed OL said presai,ses by the leasee, which lien shall be cumu- lative of the statutory lien created by law and in addition thereto. 11. ieasee agrees to save and Imep harmless the said City of Corpus Christi, Texas, from any claim or damages of any nature whatsoever due to any negligence of Lessee or his evnployaes in the Operation of the leased promises. 12. The City has the right at ems+ and all times of ingress, across and regress on and over said premises for the purpose of can - dueting and oarr7in; an any business incidont to said Airport or any other activities by the City. 13• It is hereby understood and agreed that an existing lease covering approximately twenty (20) acres of land at Cliff y&us Airport now held by Losses terminates as of September 30, 1947, and after such date said lease is to be of no force and effect and the lease this day made is to take the place of and be in lieu of said lease so far as same affects the twenty (20) acres covered by it. Executed in duplicate this the day of , 1947. CITY OF CORPUS CHRISTI, TUAS .\- City :s APPROVED AS TO LEGAL PCRUs City Mormy -3- Hy City Manager secs STATE OF TEAS COUNTY CF NU=S BLFCRr ME, the unAersigned authority, on this day personally appeared Alvin MoNsir, known to me to be the person whose name 3s sub- scribed to the forsgoinL inatx•ument and acknowledged to me that he executed the serao for the purposes and consideration therein expressed. GU's under qy hated and seal of office this tike day of , A. D. 1947. STATE OF TVAS COUNTY OF IMECES ary Mlio in and for ueoea County, Texas. WilU &i[7, the undersigned authority, On this day personally appeared Roderic B. Thomas, City xImnaCer of the City, of Corpus Christi, Texas, known to me to be the person whose nacre is subscribed to the foreoinC instrument and acknowledged to me that he executed the same for the purposes and consideration therelm expressed, in the capacity therein stated and as the act and deed of Said City. GIVEN under nV hand acrd seal of office this the days of A. D. 1917. Notary Public in slid f or g County, Texas. -4- S,CTION 2. The public importance of this Ordinance creates a public emergency and public imperative necessity requiring the sus- pension 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 meetinSs 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 introduc- tion and take effect and be in full force and effect from and after its passage, IT IS ACCORDIA]GLY SO ORDAINM, . PASSED AIL -D APPROVED this ?, day of May, A. D. 1947. OR City of Corpus Christi, Texas. ATTEST: City Secretary APPROVED AS TO LEGAL FORI6: y rn Corpus Christi, Texas May 11 1947 TO THE P OMN S OF THE CITY COU14CIL 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, R City of Corpus Christi, Texas. The Charter rule was suspended by the following vote; Wesley E. Seale George R. Clark, Jr. John A. Ferris cJ R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote; Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson lf� 7-f