HomeMy WebLinkAbout02201 ORD - 12/23/1947AN ORDINZll CE
02HOI IZIN(z ATM LIRECTI115 ' 11T. CTTY LW- iWai OF
TiiL CITY OF CORPUS C ZIf'T , TLL'iS, TO Z CUTE
FOR AidD 011 3JIU.LF OF $A D (,;il'Y A LEASE CONTRACT
+Mi 1,12S. 1Aay ,)OsOi sR 'd"D i'U�13AiD, J" J.
DOSC.IER, GUVL.Mi G PROil —IRTY LOCATED AT CUDDIHY
a'IELD, NUECES CM -ATY, 2—k-AS, 11D DLCL( JLG A14
E,'1J' �G 2CY.
liE IT ON,DAIRh:D 13Y Tz1P CITY COUNCIL OF T lr; CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City ?',anager of the City of Corpus.
Christi, 'texas, be and he is hereby authorized and directed to execute
for osid on behalf of said City a lease contract rith Frs. Iviary 6.
Doscher and husband, A. J. Doscher, covering property located at Cuddihy
Yield, 1Nueces County, Texas, a copy of which contract is attached 'hereto
and made a part hereof and reads as follows, to -wit:
2-20/
STATE OF TEW
COUNTY of NUN=
This agreamsnt made and entered into this the 'LAI day of
Gtr4ebsF, A. D. 1947, by and between the City of Corpus Christi, Texas,
a municipal corporation, hereinafter called *City" and Mrs. Mary H.
Washer and husband. A. J. Doachor, hereinafter called "Lessees ".
11TNES$STS
The City of Corpus Christi, Texas, does by these presents
lease and domino unto the said Mrs. nary B. Dosohsr and husband, A. J.
Doscher, Lessees, the following described promises, to -sits
The Balding known as the Idalnistration Building,
some being Building no. boo, located at Ouddiby
Field , unease County, Tons,
for the tam of one (1) year, said lease beginning the day of
, A. 0. 1947, and ending the day of ,
19411 the Lessees are to pay therefor the sus; of helve hundred Dollars
($1200.W) for the year, sane to be paid in monthly installments of
$100.00, 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 Sams day of each succeeding month thereafter
during the term of said lease, subject to the following conditions end
covenants=
1. It is understood and agreed that the leased premises are -
to be used for the following purposes only, to-wits for use as a
oonvalesesnt rest home.
2. Lessees agree not to sub -let the leaned promises or any
portion thereof.
3. No additions ar alteratico shall be node to the premises
without the consent or the City in writings and cep. and all improvement*
placed an said promises which are movable may be moved by the Lessees at
the expiration of this lease, subject to paragraph numbered b hereof.
4. She Lessees agree that they will tale good care of the
property, its appurtenances and all personal property furnished in
connection therewith, and suffer no waste, and shall keep the said premises,.
appurtenances and personal property in good repair at their own expense,
and at the salt or other expiration of the term of this lease, shall
deliver up the demised premises, appurtenances and persahal property
in good order and conditions, ss sales are now in. natural wear and
tear and damage from the elements only excepted. in connection with
the personal property or removable fixtures Lassoes agree, that the
same may be reduced to an inventory at a later date which will be
attached hereto for all pertinent purposes.
5• The Lessees agree to pay for all utilities used at the
premises leased by them.
6. The City reserves the right to enter the said premises
at mW time during the sxistelme of this lease for the purpose of
inspecting the same in order to determine %%ether the terms of said
lease are .being observed and carried out.
7. Further, the Lessor (the City) reserves to itself that
portion of .the Administration i#ailding now occupied ley, the telephone
switchboard and the right of ingress end agrees to such portion of
said building for the City or City directed personnel.
d. Lessees agree not to use said promises for any illegal
or Immoral purposes and agree to conform to all the laws of the State,
the United States, and all rules not out by the City Manager of the
City of Corpus Christi. Texas. for the operation of the leased promises.
9. Unless otherwise provided for under paragraph nlaobsred 1
hereof, the Lessees shall not permit malt. vinous or aleoholie
beverages in the demised premises= and will not permit smoking in ary
place whore such would be a fire hazard and will at all times display
"Bo Smoking" signs where designated by the Airport M%nager or City mire
Department.
10. The Loans" shall promptly exeouts and fulfill all the
ordinaumas of the City of Corpus Christi applicable to said promises as
if same was located in the City limits or #ho City of Cbvpua Christi,
end all orders and requirements imposed by the Board of Haalth, Sanitary
and pollee Dspartsaents, for the correction, provemtIon and abatement of
nuisances £n* upono oar oonncoted with said promises during the term of
this lease at their awn expense..
-2-
11. Lessees are to have the option to renew this I" at the
expiration thereof For such terms and considerations as way be agreed
upon by the City.
12. The Lessass further agree that in ease of atV default in
any of the covenants and conditions of this lease, the City may enforce
the performance thereof in say modes or manner provided by law, and my
deal=,* the lease forfeited at its discretion, and it, its agents or
attorney shall have the right, without further notice or demand, to re-
enter and ramose all persons therefrom, without being deemed guilty of
any manner of trespass and without prejudice to any remedies for arrears
of rent or breach of covenant, or the City, its agents or attorney, W
resume possession of the promises and re -lot the sane for the remainder
of the term at the best rent they may obtain, for account of the Lessees,
who shall make good any deficiencyl and the Lessor (the City) shall have
a lion as security for the rout aforesaid, or aqr rent due and unpaid
under said lease, upon all goods, wares, chattels, implements, fixtures.
furniture, tools and other personal property whish are now located on
said promises or which may be placed on said premises by the Losses,
which lion shall be cumulative of the statutory lion created by law and
in addition thereto.
13. The lssseos shall store no materials or supplies in or
about the said premises which will increase the fire hazard or institute
an uuusuial risk in that connection and Lsseees shall at all tin" use
the premises in such a manner as not to andanggor the property leased.
Lessees agree that in the event that math or injury
aacurs to any person or loss, destruction or daw o occurs to any property
in connection with the maintenance, operations or repair of the leased
premiums and the facilities covered hereunder, occasioned by the act
or emissions of the Lassoes, their agents or employees, the Lessees
agree to indemnify and save harmless the City from and against any
leas, eapenae, claims or demands to which the City may be subject as
the result of such demands, loss„ destruction or damage.
-3-
15. The City shell not be responsible for damages to property
or injury to persons which my arise incident to the exercise of the
rights and privileges herein granted.
16. Lessees further agree to keep and maintain in full farce
during the terms of this lease liability insurance policies in the sum
Of (8 ) Dollars and property
damage in the sumo 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
cams, which policies shall not contain a subordination clause which could
in any way encumber the said City or the United States of America.
17. dow®ver, it is expressly understood and agreed by the
parties hereto that this lease is subject to the lease between the United
:states of America, represented by the Chief of the Aureau of Yards and
Docks, acting muter direction of the Secretary of the Navy, and the City
of Corpus Christi, permitting the use of United States Naval Auxiliary
Air Station, Guddiby Field, Corpus Christi, Texas, or a portion thereof
and this lease is contingent on such lease from the ( aovernmant and the
terms thereof, and all rights of the Lassoes herein are subject to the
terms of said Iease from the IDiited States Goverzamont. and it is further
agreed that the City is not to be liable in wW manner, for damages of
&V nature, for any termination of this lease or wW changes of the rights
of this Losses by virtue of aqy action taken by the United States of
America or their agents under aforesaid lease.
18. dad in the event for any reason said lease between the
United States of America and the City of Corpus Christi is terainated
in any manner or in the event said leased premises are turned back over
to the United States of America by the City of Corpus Christi, then this
lease is to terminate as between the parties hereto and the City is not
to be liable in any manner for damages of any nature for such termination
of this lease W virtue of the termination of the lease between the City
sad the United States of America or by virtue of the surrender of the
leased premisea to the United States of America by the City of Corpus ':hristi.
LUCUTED in duplicate this the day of ,
A. D. 1917.
CITY OF CWUS CHRISTI, TRW
AV
ATUM city ger
CRY 3aore
APPROVED AS TO LEGAL FORM:
A ar-y
awn
STATE OF TEXAS
COUNTY or E!UBM
BEFORE We the undersigned authority, an this day personally
appeared A. J. Dosaber, known to me to be the pars whose name is sub-
scribed to the foregoing instrument, and acknowle me that be
executed the some for the purposes and consideration therein expressed.
GIVEN under my hand and seal of offioe this the day of
, A. D.1947.
Notary Pubile. In M for musess
County, lkzas.
STATE OF TEXAS
COUNTY OF NUAVES 4
Naponz Ms. the undersigned authority, an this day personally
appeared Mrs. Mary x. Doscher. wife of A. J. Dosoher, known to we to be
the person whose name is subscribed to the foregoing instrument, and,
rowing been examined by me privily and &part from her husband, and hav=
ing the some fully explained to her, she. the said Mrs. MU7 E. Doseher,
acknowledged such instr%vant to be her sat and deed, and declared that
she had willingly signed the same for the purposes and consideration
therein expressed. and that she did not wish to retract it.
0iven under any hand and seal of offioe this day of
. A. D. 1947.
c rn end for ueees
Bounty, Texas.
-5-
STATE OF TEXAS ¢
COUNTY or NUNCIS
BVMZ !R, the undersigned authority, on this day personally
appeared zH H. Allen, City Manager of the City of Corpus Christi, Texas,
known to ma to be the person whose name is subsoribed to the foregoing
instrument and aoknowledged to ms that he executed the same for the
purposes and oonsideration therein expressed, iZ the capacity therein
stated and as the sot and deed of said City.
(liven under xv hand and seal or office this the clay of
A. D. 1947.
JFOTART Puma. ueoss
Taxa a.
SECTION 2. The necessity for establishing air facilities
at Cuddihy Field and the necessityy for receiving revenue to be used
for the upkeep of said field, creates a public emergency and public
imperative necessity requirin 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 Lhat such public emergency and imperative necessity exist,
and having requested that such ,;iiarter rule be suspended, and tnat
this ordinance be passed finally .n the date of its introduction and
take effect and be in full force and effect -from and after its passage,
IT IS ACCO.tDI;JULY a0 ut;DAIIJ:�:D.
PASSED IU,D APPhCUD this ,fL day of
i
A. D. 194
DRY R
City of Corpus Ohristi, Texas.
ATTEST:
`4*�IL
cretary
AYPROVr,D AS TO LLGAL Orla:
� City Attorney
Assistant City Attorney
Corpus Christi, Texas
4!5i �� . , 1944
TO TE' IrJ'!!BERS OF Tfg CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For tie reasons set forth in tine emergency clause of the
foreoinG 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 s'ach ordinance or resolution shall oe read at
three meetinbs of the City Council; 1, therefore, hereby request that
you suspend said Charter rule or requirement and pass this oruinance
finally on the date it is introduced, or ut the present meetinr of
the Ci V Uouncil.
ate s pe etf ul ly,
MfiY R —
City of Corpus Christi, Texas
Tne Charter rule was suspended by the folleclh,, vote:
liesley v. ( Seale
George R. Clark, Jr.
John A. Ferris
R. R. 1lenry
Joe T. Dawson
The above ordinance was passed by e following vote:
'a'iesley Seale
Ueorge K. (:lark, Jr.
John A. Ferris V
IC. 11. denry
Joe 'P. Lawson
ZZO f