HomeMy WebLinkAbout02141 ORD - 08/28/1947?ad ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER.OF
THE CITY OF CORPUS CHRISTI TO E.;"GCUTE FOR AND
ON BEHALF OF THE CITY, LEASa CONTRACT COVERING
BUILDINGS NO. 657, 658, 660, 659, 607, 683, AND
THE USE OF THE NIGHT VISION TRAINING BUILDING
AND ALL GROUND AREAS 'iiHICH ARE NOT UNDER LEASE TO
OTHER AGENCIES, FOR USE AS ATHLETIC FIELDS OR
CAMPUS AREA, INCLUDING AVAILABLE HANDBALL COURTS,
TENNIS COURTS, AND SIMILAR INSTALLATIONS, LOCATED
AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, TO ARTS
AND TECF%OLOGICAL COLLLIGE, A PRIVATE CORPORATION
DULY INCORPORATED UNDER THE LAWS OF THE STATE OF
TEXAS, AND DECLARING AN EMERGENCY.
WEfEREAS, 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,
da,'REAS, Buildings No. 657, 658, 660, 659, 607, 683, and
the Night Vision Training Building and all ground areas which are not
under lease to other agencies, for use as athletic fields or campus
area, including available handball courts, tennis courts and similar
installations, 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;
Haff, THE1EFCRZ, BE IT ORDAI1TED BY THE CI'T'Y CODECIL 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 be-
half of the City of Corpus Christi, a contract for the leasing of Buildings
No. 657, 658, 66o, 659, 607, 683, and the Night Vision Training Building
and all ground areas which are not under lease to other agencies, for use
as athletic fields or campus area, including available handball courts,
tennis courts and similar installations located at Cuddihy Field in Nueces
County, Texas, to Arts and Technological College, copies of which contract
is attached hereto and made a part hereof, and reads as follows, to -wit:
21 �/
THE STATE OF TPLAtS �
COMY OF MMES
This Agreement made and entered into this the day of
, A. 7;. 1%t7, by and between the City of Corpus
Christi, Texas, a municipal corporation, hereinafter called "City" and
Arts and Teohnolw ioal College, a private corporation duly incorporated
under the laws of the State of Texas, hereinafter called "Lease*".
W I T d B S S 2 T H
The City of Corpus Christi, Texas, does by these presents
lease and domi.se unto the said Arts and TechnoloGIcal College, a private
corporation duly incorporated under the laws of the .State of Texas, Lessee,
the following described promises, to -wit%
The building known as Cadets .,quarters, saes being;
Building eo. 6570 located at Cuddihy Field in
Nueoas County, Tataas
The building known an mete quarters, same being
tuilding Va. 658, located at Cuddiby Yield in
N.'usoes County, Texas.
"1'he buildin}; known as :.,ohool Building, same beirj;
Juildlug No. 663, located at Cuddihy Pleld in
19umoas «ounty, Texas,
The buildnn known as cadet Subsistence ,,wilding.
same being Buiidin(;; Pao. 659, located at Cuddihy
Field in queess County, Texas,
The buildings known an '?nlisted Barracks, same being
Building Wo. 607, located at Cwddlbar Yield in
Nuecse County, Texas,.
The building know as battalion offices s am being
,Building go. 683, located at L`uddiby Field in
77ueces County, Texas, and
The use of the might Vision 'training Building and
all &.round areas vrbieh arc not under leas* to other
agencies, for use as athletic fields or campus area.
This will include available handball courts, tennis
courts, and similar installations. A,ll available
buildings and land areas available for tiw College
are colored in red on a map attached heretol
for the tarn of one year, said lease beginninu the r.... day of ,
.h. D., 1947. and ending the day of , 1ti1.�s the lessee
is to ,,ey therefor the sum of k &been Thousand Seven ihwdrod and Sixty
Dollars (118,160,00) per fear, same to be paid in monthly installments of
?•1,563.33 per month, said monthly installments to ee paid each month in
advance. the first to be paid on the first effective date of this lease
and a II installment an the same day of each succeeding month there-
after during the term of said lease. In the event the College does not
use the premises heraiubefors named for the 1'.:,ll term of one year acid
surrwuiors the use thereof to the City before the and of the Dear, than
and in such overt the rental for the premises shall be proportionately
abated on the monthly installment oasis and no further installments of
rent as not out In ouch contract shall be required beyond that earned and
accrued at the time of the surrender of the propertn to tho City, If aqy.
This lease shall be subject 'to tho following conditioaas and oovenaaxtse
1. It is understood and e.4,reed that tilu loosed preiaiaes are
to be uaod for tao followinu purposes only, to -sit: for educational pur-
poses and related activities.
2. Leasee agrees not to sub - of the leased premisea or wW
portion thereof.
J• No additions or alterattoa:a eaall b<s _ Cade to Win )rez ises
Without .Ho oonsert of the Wlty in wrS.tin „j A44 WW and all improve;ents
placed ou said premises TiAJ.eli are movaole Day be rncvea by Ua Lerisee at
the expiration of this lease, subject to paragraph numbered 4 hereof.
ii. The «08608 agrees that it will take good care of tine
PrOPertY, its Appurtenances and all personal ;)report,,- furdislied in
connection therewith, and suffer no waste. and a »ell keep the said pre-
mises, appurtenexaoss and peraw al property in good repair at its own
expenses and at tas end or other expiration of the term of this lease,
shall deliver up the deiaised premisss, appurtmisnws and personal pro-
perty in good order and oonditicns as Sams are now in, damap by flood,
incendiaries. Sots of God or of the public enemy, the elemsntes structural
defects, ordinary wear. tear and deterioration and other causes beyond
the isssee's control eatosptsd, In connection with the personal property
or reprovable fixtures, Lessee agrees that the sow may be reduced to an
inventory at a lator date waich will be attached nereto for all pertinent
p'urpOSas,
I
5. law Lessee agrees to pay for all lights, water and i;as used
on the promises leased by it.
o. The City reserves the right to enter the said premixes
at say time during the existence of this lease for the purpose of
inspecting the same in order to determine whether the terms of said
lease are being observed and carried out.
—e-
7. Losses agrees not to use said premises for ankv illegal
or immoral purposes and agrees to cosfora to all the lave of the 'state.
the United '.tatee, and all rules sot out by the City tanager of the
City of Corpus +',;hristi, Texas, for the operation of the leased promises.
B. Unloss otherwise provided for under paragraph numbered 1
oreof, the Lessee shall not purcait malt, virious or alcoholic beverages
in the domised promises; and will not permit sraokint; in wW place where
s,.xch would be a :tire hazard_ and will at all times display "No Smoking"
signs veiere dosiinated by the Airport llana6er or pity Fire " :opart anti
9. `[he i.essee shall promptly execute and :iafili all the
ordinances of the City of Corpus Christi applicable zzo said prezaisas as
if sane was 1=,ted in t1 e City limits of the City of Corpus Christi,
and all orders and require =eats imposed by the Hoard of riealth. Sanitary
and Police Departmonts, fcr the correction, prevention and abatement of
nuisft=es, in, upon, or connected with said preraises Burin; the tam of
this lease at its ovvx: expense.
109 Lsssoo is to have tae option to rertew this lease at the
aspiration thereof for such terms and oone'tderstions as may be agreed
upon by the City..
11. 'fho Lessee : o;rt sr agrees ttist in case of vny doi. ault in
any of the covenants arzd conditions of this lease, the City try enforce
the f4rforimanee thereof in wW modes or mannor provided by lass. ,And
may declare the lease forfeited at its discretion, and it, its agents
or attorney shall have the right, without furthor notice or derAnd,
to re -enter and remove all persons therefrom., without being deened
guilty of any manner of trespass and without prejudice to any remedies
for arrears of rent or breech of covenant. or the city, its &Leas or
attorney, may resume possession of the premises anal re -let the same for
the remainder of the term at the best rent they melt obtain, for asse=t
of the Lessee, who shall males good any deficiency= and the Lessor (the City)
ahall have a lien as Security for the rent aforesaid, or any rant due
and unpaid under said lease, upon all goods, wares, chattels. imple- uWnts,
fixtures, furniture, tools and other personal propertj which are row
located on said premises or which may be placed on said pramiass by the
-3-
Lessee, which lien shall be cumulative of the statutory lion created
t,y lam and in addition t': ereto.
12. The Lessee s'iall store zoo - aterials or supplies in or
about the said premises which will increase trio fire hazard or inrtitut®
an unusual risk in that connection and (essee shall at all tirays use the
prwAtes in such a wanner as not to avdazWor the property leased,
13. The City shall -tot be responsible for the de-mras to property
or injury to persons which may arise incident to 'the exercise of the
ri 3its anu rrivilehes lierei: Printod.
V- Lessec farthor aZroes i.o keep ant rwiirtain in full force
durinI the teams of this lease liability :insurance policies in re: 5=
of Pen Moasund to riftt 'I'housaud (,010,_000. jO,OgO.) I)o1lare
and proportr dama.Ge in the sun ar Twenty -five 'Thousand
( 000.00 ) Dollars to inder;nify and save harmless the City and the
?`nited States Govermment against any expense, cleims or donsands for the
death or is jurj of ary porson or loss, destruction or dam%,k a to Govern-
ment property occasioned by the operation of the leased property for the
use and occupanccy of sane, which policies shall not contain a subroCation
alauso which could in anywsy encumber the said City or the ljniteti ;'taus
of Awrioew
15. however, it is expressly understood and &Lrood by the parties
hereto that this lease is subject to the lease betwsen t!k. United States
of Asmerioa, represented by the Chief of the of Yards and I�Xks,
actin., under diromticn of the Sscret:ary of the 211avr,. and the City of Corpua
C ?zristi, ?mrrvittln the use of united ^;ta.na w'gval aacilisrf ,P-ir ` tation,
Cuddlhy Field, Corpus Christi. Texas, or a portion thereof &nd this lease
is contlat;snt on such lease from the Government and the terms thereof,
and all riChts of the Lessee howls. arur subject to the term of said leers
from the 'United States Government, ana it is f`u -Lier of reed that the City
is not to be liable in axW manner. for dam%6ez of sry nature, for any
termination, of this lease or any changes of the ri6hts of this Lessee
b;= virtue of any action taken by the Lnite4l States of 'rvrica or thcdr
wants under aforesaid lease.
YXWOTED in duplicate this the _ day of 1947-
ciry OF Cam Cajal' 'ZFJAS
ATTRST* BY City Manager
city Secretary,
AYFAGM AS TO Lj^_,WL FORM&
Ass Wi City AR7Wy
Proll Men , It$ M Tecolosical
College
ATTLOT i
STATE OF TEXAS
COWTY 0;�NUTIXIBS
lis7OW s, the undersigned authority, on this day peramally
appeared . "re* ident of 'rts curd Technological
G011660, mm to me to be the person whose amim Is subscribed to the
forsoine instrumat and acknowledged to m that he executed tw swav
for the purposes and omlaideration therein expressed, In the oapacity
therein stated and an the aot and deed of said Arts and Toohnolo6ical College.
GIV.N under nW Imud and soul of office tints the day of
01 A. G. 1947.
Notary or Rueces
Count,$. Texas
STATh W TFUS I
COUNTY OF' RUMES
d,.',rM9 MN. the uncierviGned authority. on Chic daj persat-ally
appeared .1. 11. ;11eu. City Mm um er of the City of Corpus Chrieti. Texas,
known to me be the person whose name is subscribed to the fareLoizi6
instrument and acknowled6ed to me that 40 0104uted tits sam for the
purposes and consideration therein expressed, In the capacity therein
stated and an the act and deed of said City. .
GIVE1, under ny hand and soul of office this the _ day of
P
A. 19470
Mary Public in ;M ?or Nueoso
County #; TOM"
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 a of day of ��� .D. 1947.
UffOR
City of Corpus Christi, Texas.
ATTEST:
vitiy aecrerary
APPROVED AS TO LEGAL FORM:
tiff':: =mil
C y A or y
Asa st t ity 9 torney
Cor us Christi, Texas
a d' 1947
TO THE Y.;E&BERS 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,
l 7�,
TWOR
City of Corpus Christi, 'Texas
The Charter rule was suspended by the following vote-
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
'mod
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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