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HomeMy WebLinkAbout02156 ORD - 09/23/1947AN ORDINANCE AUTBORI`LING AND DIRECTING THE CITY IAAIAG. R OF TEE CITY OF CORPUS CHRISTI, TEXAS, TO ENTER INTO A CONTRACT FOR ACID ON BMUF OF THE, CITY VZTH THE, TEXAS NATIONAL GUARD AM60HY BOARD FOR THE LEASING OF TH1 ARIORY BUILDING O'iaNED BY THE CITY OF CORPUS CHRISTI, Ti aS, AND DECLARING All EIMRGa.M. BE IT ORDAINED BY THE CITY COUNCIL OF THE, CITY OF CORPUS CHRISTI, TFMS: SECTION 1. That the City I41anager of the City of Corpus Christi, Texas, is hereby authorized and directed to enter into a lease with the Texas National Guard Armory Board, leasing the Armory Building and land on which same is located owned by the City of Corpus Christi to the Texas National Guard Armory Board, a copy of which lease contract is attached hereto and made a part hereof and reads as follows, to -wit: a15(� jAw s on THE STA2T. OF TEXAS 'iLL4,;,� T A'P3.GTiAL GtW-W Ai"HY BOARA STATE OF MIAS f COUNTY OF IWICES � s;if MAS, the undersigned, hereinafter called Lessor, is the ovmer of certain property situated in Corpus Christi, Texas, described as follows, tic -Wits being a certain tract or parcel of land located on .Ramsey Street in the City of Corpus Cizristi, Texas, formerly known as the %mergenoy Disaster Center", containing approximately 4005 acres of land, and the buildings located thereon; and desires to lease the same to the Texas I;fational Guard Armory Board, to be used as a Pational Guard Armory by the National Guard unit (or units) hereinafter named, and said Armory Board desires to obtain the use of said property on the terms and con - ditions and for the consideration hereinafter set out: MiL-ia uat.G , jaso.j AL:� UixE I BY I dl;E L a'"taaSNTL,. That this agreements made tTais lut day of September, A. D. 19471 by and between the said undersigned as Lessor, and the Texas National Guard Armory Board (created by an Act of Legislature of the :Mate of Texas,) as Lessee, acting locally by and through the oomr.nanding officer or comcrxanding officers of the unit or units hereinafter named, and subject to the final approval of said Board to be subscribed hereto; "'ITNESSE, TS s That the said Lessor does by these presents lease and demise unto said Lessee the above described property ibr the term of One (1) year, ending 31 August, 19480 to be used by the following named National Guard unit (or units), to -wits Hq & Hq Co 2d Bn 141st Inf Co E 141st Inf Hq & Hq & Sv Tr 112th Mo oz Cav Non sq Mod Dot 112th Moox Gov Ran Sq (or such other or others as may be placed therein), as an armory, and for such incidental purposes as may be proper or usual under the regulations or customs of the service governipg such units. The Lessee, in consideration of the use of the above describ- ed property, agrees to pay to Lessor out of funds ap ropriated`by - 1 - the Legislature of the State of Texas, a monthly rental of $ 50.00, such rental to be paid on or before the 15th day of the following month duria_g the life of this contract. ' The Losses kgrees to make ordinary, usual and customary re- pairs and to maintain the property in good state of repair; however, it is understood that extraordinary repairs due to storms, fires, or unforeseeable extraordinary events are not to be an obligatio of the Lessee. The Lessor further agrees tiiat the unit or units so occupying said promises may, at its or their own expense, at the termination of this lease, remove all installations made in the building at the expense of such units or at the expense of the Texas national Guard Armory Board. The terra "installations" as used herein shall include shelving, sharer baths, lookers, parti- tions and all other fixtures installed by said unit or units or by Vie 'Texas national Guard Armory Board in or upon the leased property, The Lessor further agrees that in the event the above -named military or„an.izations, or any one or more of them, now occupying or to occupy said leased premises as an armory, are called into active service by authority of the Government of the United States, or of the State of Texas, the Texas National Guard Armory Board may terminate this lease upon giving the Lessor thirty days no- tioe in writing. In toe event the state of Texas, or the United States, (or both jointly) or any other Governmental entity or agent, or any other agency, should construct an armory fbr said above -named occupants of said leaned premises, or in tree event such or anization or organizations are roistered out of tale serv- ice, Lessor agrees that this lease may be terminated upon thirty days written rotioe to Lessor. The State of Texas is net and shall not be responsible for W damage or injury to said leased property regardless of how the same may occur during the existence of t.i s lease. This contract is entered into by and between the Lessor and the Lessee upon the express condition and understanding that the same - 2 - shall not be bindi-g on either party until approved by the Texas National 3uard Armory Board and that neither the said National Guard units, nor their officers, nor any member of the Armory Board shall be In anywise personally liable hereunder oui,! that Lessor shall be entitled to payment only out of State applopria- tiotLs lawfully applicable to paymeat of tL,,,; reaLal stipulated in tbts lease. Both Lesaoi° aLdd Lessee agree Uat V, 12 lease & iall be- come bindine upon '.Iiam and each of them. when approved by said Board. The lassee affirms the fact tlaat the Legislature of the State of Texas has ap:i,ropriated funds for Armory rentals in suf- ficient amount to cover Vja contract durin,--', the current biennium ending 31 Aueust, 1949. This contract is executed Ja triplicate, any fully executed and approved one of which s'lall liave tae force aiA effect of an ori;xInal. WMM6s: ATU.ST: Cltv Secretary AP, iWVBD A3 'Tf� I, GAL 11UW: ;S: City Morney As3t. CITY C-T C-VU;M, I.:M4.S BY City Vanager ssor Rame Of 7ilitary unit BY TOe- ai4 a:ank of C omdg. Officer AE,-'-. for Lessee AP�IROVED 3 day of 9 19_. M" TIQLA3 NATUOIAL GU.;OZ ARMORY BOAZID, W ATT21ST: rman Secretary. SECTIOII 2. The necessity for securing a national guard unit for Corpus Christi and its vicinity 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 Yayor 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 tare effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY 30 ORDAI12D. PASSED VID APPROVED this 23rd day of September, A. D. 1947- P 'f� City of Corpus Christi, Texas ATTEST; G` Corpus Christi, Texas September 23, 190 TO THE 11,2,iBERS OF THE CI'CY 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, ghTiAYOR —�f- City of Corpus Christi, Texas The Charter rule was suspended by the following vote: iesley '3. Seale George 1. Clark, Jr. L. Seale John A. Ferris George R. R. henry (q'W Joe T. Dawson Ferris The above ordinance was passed by the following vote: besley L. Seale George R. Clark, Jr. (q'W John A. Ferris R. R. henry Joe T. Dawson