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
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