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Home My WebLink About02147 ORD - 09/09/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR ANDON BEHALF OF SAID CITY A LEASE CONTRACT BY AND BE- TWEEN SAID CITY AND M. G. FLYNN; AND DECLARING AN EMERGENCY. 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, Texas, be, and he is hereby authorized and directed to execute a lease contract by and between the City of Corpus Christi and M. G. Flynn, a copy of which contract is attached hereto and made a part hereof and reads as follows, to wit; TH& STAYS or =LS COUNTY OF NUMES THIS AQREEttBNT made and entered into this day of September, A. D. 1947, by and between the City of Corpus Christi, Texas, a municipal corporation organised and existing under and by virtue of the lane of the state of Texas, hereinafter called "Lssore and M. 0. Flynn, of Corpus Christi, Texas, hereinafter called "Lessee ". W I T N E 8 8 R T H That said Lessor does by these presents lease and demise unto the said Lessee the following described property= That certain wooden pier immediately inside and north of the concrete bulkhead which extends from the Sayfront Seawall to the South end of the rook Breakwater, said looa- tion being South of the L -Head of the Hey - front project, said pier being commonly known as "Rook Breakwater Pier ", being part of the Bayfront project of the City of Corpus Christi, lusoes County, Texas. Said lease being for a term of one (1) year beginning 1947, and ending " �sZ � _# 1948, and in consideration for which the Lessee agrees to pay the Lessor the sum of Six hundred and Twelve ($612.00) Dollars a year payable in monthly installments of $51.00 per month, 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 like installment on the same day of each succeeding month thereafter during the tarns of said lease. This lease is made subject to and conditioned upon the following provisions and covenants: 1. That the Lessen is granted authority hereunder to rent out certain planes provided for the keeping -of boats on said wooden pier called "slips "; and all monies received by him from such rental shall be- long to him; provided that said Lasses shall not charge for such rental space more than one -half cent (6) per foot per day for the use of said "slips" and further provided that all boats which are kept at the said "Slips" at said "L -Head" shall not be largrr than 15► 11" in length. 2. That said Lessee shall be granted authority hereunder to mall bait for fishing, rent fishing poles; keep boats of his own to rent and rent them and said Lessee shall further be allowed to aharge for extra repairs and maintenanoe to boats owned by the independent boat owners renting and keeping their boats in the "slips" provided for then. 3. That the operations on such awodea pier by the f.essee hereunder and by virtue of this agreenout shall be under the super- vision of the harbor Master of the City of Corpus Christi, TexasI provided that at ne time s;u►li the Lessee be allowed to keep his own boats in said "slip" to the exclusion of other beat owners who desire to rent space for the keepinL of their boats without the written permission Of tae ::arbor Naster. 14. That the lessee shall take Land cars cf' the Property herein covenanted and shall suffer no wastes said shall, at Lessee's own orcpenss. keep the property in good repairs and shall keep too bait stand, wooden pier and surrouru:in6 praraises Olson and free from garbage and rubbish at all tixies= and Lessees shall promptly execute a184 f4lfill all of the ordinni oes and resolutions of the City of Corpua Christi appliouble to said premises and shall obey fill orders and requirements imposed by the hoard of Health, Sanitary and Police Departments for the oorxmaotion, prevention and abatement of nuisances In. upon or connected with the premises during the said term, at Lessee's expense. 5+ That Lessee shall not assign this agreement or underlst the premises or any part thereof except as herein otherwise provided. (Eccapt upon the consent of the 1 .08sor in writing.) 6. In tin case of default on any of the above covenants the Lessor may aurorae the performance thereof in aWy of the nodes pro- vided by law and may declare u is lease forfeited at Lessor's disors- tion and the Lessor. or Lessor +s agent, or attorney shall have the right without further notice or demand, to reenter and remove all persons therofrom without beik deemed 1;uilty of any manner of trespass and without prejudice to axw remadies for arrears of rent or breach Of oovenaute, or Lessor or :.escorts agent, or attorney may resume -2- possession of the promises and relst the Basis for the remainder of the term at the best rent it msy obtain for account of the Leaves, ,who shall rake food wiy deficiency; wid the Lessor shall have a lien as security for the rent aforesaid upon all goods, mares, chattels, implementes boats* and other personal property rhioh are or may be put on the demised premises. 31 TESTINZY W!iE IOP, time Parties beret* have executed these presents in duplicate on this day of A. D. 1947- CIry CT+' CdL;PUS Calm, T" BY City 06-r A ESTi APPROVED AS TO L,;GAAL M:43 Isaistent City Anornoy M. U. yna, ssea TIC; STATE it TEXAS � COMM OF HUKC%uS Q BUM 11R& the undersiped authority, an this dsy personally appeared A* H* Allen, City Manager of the City of Corpus C;Aristi, Texas, known to me to be the person rhose rams is subscribed to the foregoing Instrument and acknowledged to as that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act axd deed of said City. GIVER under ny hand and seal of office this the day of , A. D. 1947. Notary MTN in and ror Hue*es County, Tens. This STATE OF TEXAS � Gomm or WMGMs ¢ ORE M, the undersigned authority„ an this day personally appeared *- 4. rlynn. known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and oensiderstion therein expresaed. iI M under ry hand and seal of office this the day of . A. D. 1947. o ary Palle in and for i es County, Texas SECTION 2. The necessity for adequate facilities for citizens in the use of the bayfront in the City of Corpus Christi and the fact that the services rendered under the lease above mentioned are of benefit to the citizens of this city 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 Ordi- nance 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 ACCORD- INGLY SO ORDAINED, r PASSED AND APPROVED this �' day of A. D. 1947. R City of Corpus Christi, Texas ATTEST: -Ull;y Secretary 7 APPROVED AS TO LEGAL FORM: 4\UI Attos Attorney Corpus Christi, Texas Co, Z a �� _�, 1947 TO THE IvIRMERS 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 require- ment 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, there- fore, hereby request that you suspend said Charter rule or require- ment and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, ArAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr.f,,,,,-. 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 A. Ferris R. R. Henry �s Joe T. Dawson 2-1q-7