HomeMy WebLinkAbout02130 ORD - 08/12/1947APT ORDINANCE
AUTHORIZING AND DIRECTING THE CITY WTAGER OF
THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND
ON BEHALF OF THE CITY, LEASE CONTRACT COVERING
BUILDING NO. 608 AND BUILDING N0. 611, LOCATED
AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, TO RAY
WEST, ROY GILLELAND, ERNEST MILLS, FRAITCIS GANDY,
DR. J. A. GA.RCIA, J. A. REKTORIK, AND DR. FOY
MOODY, TRUSTEES FOR TIFE CORPUS CHRISTI JUNIOR
COLLEGE DISTRICT, AND DECLARING AN EMERGENCY.
IkIEFEAS, 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, Building No. 608 and Building No. 611 located 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 COUiCIL OF TIE
CITY OF CORPUS CHRISTI, TEY4S;
SECTION 1. That the City P4anager of the City of Corpus Christi
be, and he is hereby authorized and directed to execute for and on be-
half of the City of Corpus Christi, a contract for the leasing of Building
No. 608 and Building No. 611 located at Cuddihy Field in Nueces County,
Texas, to Ray aVest, Roy Gilleland, Ernest Tails, Francis Gandy, Dr. J. A.
Garcia, J. A. Rektorik, and Dr. Foy Moody, Trustees for the Corpus Christi
Junior College District, copies of which contract is attached hereto and
made a part hereof, and reads as follows, to -wit:
2J-?O
TIM STATE OF TEAS
COUNTY Or NUMAS
This agreement made and entered into this the day of
, A. Do 1947, by and between the City of Corpus
Christi, lbxas, a municipal corporation, hereinafter called "City" and
Rey ?Pest, Roy Gilleland. Ernest Mills, Francis Gandy, Dr. J. A. Garcia,
J. A. Rektorik, and Dr. Foy ody$ Trustees for the Carpus Christi
Junior College District, of Nueoes County. Texas, hereinafter called
"Lasseef.
W I T N E 8 S I T H
The City of Corpus Christi, Texas, doss by these presents
lease and deatiss unto the said Roy 6'test. Roy Gilleland, Ernest Mills&
Francis Gandy, Dr. J. A. Garcia, J. k, 8ektorik, and Dr. Foy Moody,
Trustees for the Corpus Christi Junior College Ustriet, Lessees, the
fallowing described promises. torsitt
The building known as Falistsd liens Barracks, saw
being Building No. 608, located at Cuddihp gield in
Sueces Comty, Texas. and
The buildinS known as the C69massium, same being
auilding Mo. 611, located at Cuddihy Field in Ruaces
County, Taut
for the term of cas year, said Iowa* beginning the day of ,
A.D., 1947, and ending the .....,_ day of , 19481 the Lessees
are to pay tharefar the ows, of Three Itudred Dollars ($3W.00) per Aar,
some to be paid in mmthly installments of *2 %00 per month for Building
Sew bob and the our OR 810"n Hundred Dollars (81,100.00) per year. ■ems
to be paid in monthly installmsnts of OL67 per moth for Building No. 611,
said monthly installments to be paid each month in advance, the first to
be paid on the first effective date of this lease and a lilts installment
on the same day of each suc000ding month thereafter during the term of
said lease, subject to the following conditions and covenantal
1. it is understood and agreed that the leased premise* are
to be used for the following purposes only, to -wits for educational pur-
posse and related activities.
2. lasso" agree not to sub -let the leased premises or azW
portion thereof.
3. No additions or alterations shall be made to the promisee
without the consent of the City is writingj and any and all UVrovsments
placed an said premises which are wvable may be moved by the Losaaee at
the expiration of ttis lease, subject to paragraph numbered k hereof.
4. The 14*"" & roe that they will take Good care of the
property, its appurtenances and all pereoual property furnished in
connection therewith, and suffer no vast*, and small keep tite Baia pro-
mises. appurtanarees and personal property in zood repair at thoir. own
expense, and at the and or other expiration of the torm of this lease,
shall deliver up the demised premises, appurtenances and personal pro-
perty in good order and condition, as same are now in, natural wear and
tear and dema6p from the elements only excepted. In connection with the
personal property or removable fixtures. Loss*#* agree that the same may
be reduced to an.. inventory at a later data which will be attached hereto
for all pertinent purposes.
5. xhe Leases& agree to pay for all utilities used at the
premises leased by them.
6. The City reserves the right to enter the said pro ise&
at any time during the existence of this lasso for the purpose of
inspecting the same in order to determine whether the terms of said
lease are being observed and carried outs
7. Losses* agree not to use said premises for azW illegal
or immoral purposes and agree to oontorm to all the laws or the :state,
the United ,,fates, and all rules set out by the City M"apr of the
city of Corpus Chriati. Texas, for the operation of the leased premises.
S. Unless otherwise provided for under paragraph numbered 1
hereof, the Lessees shall net permit malt, vinous or alcoholic beverages
in the demised premi"as and will not permit smaking in my place where
such would be a fire nasard and will at all times display "Ho Smoking"
signs where designated by the Airport Manager or City fire Departmsntl
rd.
q. The Leaae** shall promptly execute and fulfill all the
ordinances of the City of Corpus Christi applicable to a aid preaises v
if same me located in the City limits of the City of Corpus Christi,
and all orders and requirements imposed by the board of Health, £anitary
and Police Lepartwaucts, for the ocrrection, prevolation and pbatonlsnt of
nuisances, iu, upon, or oonusated with saiu promises duriuj the term of
this lease at their eau► accpsnse.
10. LasseeA Okra to have the option to renew this lease at the
expiration thereof for such terms and considerations as may be agreed
upon by the city.
11, The esseek further agrss`'that in case of my default in
aqy of the covenants and conditions of this lease, the City my enforce
the performance thereof in saW modes or manner provided by law, and
may declare the lease forfeited at its disorotion, and it, its agents
ar attorney shall have the right, without further notice or demand,
to ro -enter and remove all persons therefrom, without being; deemed
tuilty of aJW manner of trespass and without prejudice to aqy remedies
for arrears of rant or breach of covenant, or the City, its agents or
attorney, -My resume possession of the promises and ro -1st the same for
the remainder of the tar" at the best rent they may obtain, for a000unt
of the Lessees, who shall make good cry deficiency, and the Lessor (the City)
shall have a lien as uaourity for the rent aforesaid, or any rent due
and unpaid under said lease, upon all goods, wares, chattels, implements,
fixtures, furniture, tools and other personal property which are now
located on said preaJoes or which may be placed an said promises by the
Log"040 which lion shall be cumulative or the statutory liars created
by law and in addition thereto.
32- she hence6 shall store no naterials or supplies in or
about the said promises which will increase the fire hazard or institute
an unusual risk in that commotion and Losses# shall at all tines use the
premises in such a mazaner as not to endanger the property leased.
l3aLassess agree that in the avant that math or injury occurs to
any person or loss, destruction or damaLe occurs to sW property in
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oonneotian with the maintenanae, operations or repair of the leased
promises and the facilities covered hereunder, occasioned by the act
or Quissions of the Lessees, their agents or employees, the Lemnos
agree to indamnify and save harmisss the City from and spinet any
loss, "Pon", claims or demands to which the City, may be subject as
the result of such demands. loss, destruction or damago.
" the City shall not be respouible for damagas to property
or injury to persons which may arise incident to the exercise of the
rights and privileges herein &ranted.
15. Lasseei further agree to keep and maintain in fUl l Poroe
during; the terms of this lease liability insurance policies in the sum
of (� ) Dollars and property
damage in the sun of (: ) Dollars
to indemnify and save harmless the City and the United :states Government
against any expense, claims or demands for the death or injury of any
person or loss, destruction or damage to Government property occasioned by
the operation of the leased property for the use and occupancy of same,
Which policies shall not contain s cubordinstion clause which could in
anywmy encumber the said City or the united S*,ates of Auwrica.
16. - 1i"ever, it is expressly understood and agreed by the parties
hereto that this lease is subject to the leans between the United States
of America, represented by the chief of the Bureau of Yards and Docks,
Acting; under direction of the z,Vcretary of the bavy, and the City of Corpus
Christi, permitting°, the use of United States Naval Auxiliary Air Station,
Cuddihy Field, Gorpus Christi, 'Texas, or a portion thereof and this lease
is continy9ont on such lease from the GaverAMent and the terms thereof,
and all rights of the Loeser herein are subject to the terms of said law
frog the United a'tates Coverzaeont, and it is further agreed that the City
is not to be liable in aqy manner, for damages of any nature, for any
terMitAtion of this lease or any changes of the rights of tbd#eLsaseq
by virtue of WW action taken by the united states of Anterics or their
agents under aforesaid lease.
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EXECUTED in duplicate this the day of ,A.D. 1947-
CITY OF CMPUS CIRISTI, TEM
Bar
city r
ATT3STt
president W West.
aTy of the Trustees for the Corpus
Christi Junior College District.
APFR(NBV AS TO IAZAL FORM;
ATTESTS
n
STATE W 'TEXAS I
COUNTY OF KGBCHS I
9E M ME, the undersigned authority, on this day personally
appeared Ray Anot. president of the Trustees for the Corpus Christi
Junior College District. known to me to be the person whose name is
subscribed to the foregoin6 instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed,
in the capacity therein stated and as the ant and dead of said Corpus
Christi Junior College District.
cll'M under sy hand and seal of office this the day of
A. D. 1947•
Notary Public. Nueses . esas
STAT$ OF TEM
COUNTY OF NMWZS
H"MM 1[6''., the undersigned authority, on this day personally
appeared H. H. r11en. City Manager of the City of Corpus Christi, Taxes,
kwon to as to be the person whose name is subscribed to the foregoing
instrum t. sad scla mledged to me that he executed the sam for the
purposes and consideration therein expressed, in the capacity therein
stated and as the act and deed of said City.
CIM under zy hand and seal of office this the day of
A. D. 1947•
Mary Publica Nusoos county, Teams
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 /"T day o£
A. D. 1947.
OR
City of Corpus Christi, Texas.
ATTgSTa
-
UIV Secretary J ,
APPROVED AS TO LEGAL FORP'o
r�j� Gi��orney
Corpus Christi, Texas
August 12, 1947
TO TBr =1 ABF.RS OF I=, 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,
IMYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote.
4esley E. Seale
George R. Clark, Jr. 4
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordinance was passed by the following vote:
Lesley P. Seale
George R. Clark, Jr.
0
John A. Ferris
R. R. Henry
Joe T. Dawson
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