HomeMy WebLinkAbout02249 ORD - 03/30/1948AN ORDINANCE No. 2249
AUTHORIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE
FOR AND ON BEHALF OF SAID CITY A LEASE CONTRACT
WITH W. S. MARSHALL, d/b/a ROYAL CROHN BOTTLING
COMPANY, ACTING HEREIN BY AND THROUGH BERTHA A.
ANDREW, HIS AGENT AND ATTORNEY IN FACT, COVERING
PROPERTY LOCATED AT CUDDIBY FIELD, NUECES COUNTY,
TEXAS, 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 sid he is hereby authorised and direoted to execute for and on
behalf of said City a lease contract with W. S. Marshall, d/b/a Royal
Crown Bottling Company, acting herein by and through Bertha A. Andrew,
his agent and attorney in faot, covering property looated at Cuddiby
Field, Nuecea County, Texas, a copy of which lease ...tract is attached
hereto and made a part hereof and made as follows, to -wit:
RUTH Q Tau 1
00UM or RUNMM
This agreement made and entered into this the ...._ day of
, A. D. 1411 by and between th. City of Corpus Christi,
Tsras, a m nioipal. corporation, . hereinafter salledlCitys, and A. S. Marshall,
d/h/a Royal Cram Bottling Company, eating herein by and through Barths As
kNk", his avast and Attorney In Fact, hereinafter called sLemseewh
W I T N R B E R T H
The City of Corpus Christi, Terse, does by thous presents
lease and demise unto the said Royal Crown Bottling Compsiny, Sasses, the
following described promises, to -wits
Th. building Imwn as the 8=11 Arms Magazine, seem being
&wilding A -10, lsawted at Caddihq Meld. Mweese County,
Tezas.
for the term of am (1) year, said lease beginning the day of
. A. D. 194 . and ending the _ day of
A.D. IA —1 the lasses is to pay therefor the sum of T2iree Wndred ($300.00)
Dollars for the year. same to be paid in monthly installments of Twent9-five
025.00) Dollars, acid monthly installments to be paid each &wnch in advance.
the first to be paid on the first effective date of this lease and a like
installment an the acme day of each assoceading v=th thereafter during the
term of said lease, subject to the following conditions and oovensntat
1. It is understood and agreed that the leased promises are
to be used for the following proposes only, to-wits for the storing of
bottles and bottle cues.
2. Lessee agrees not to sub -let the leased premises or say
portion thereof.
3. as additions or wlterattans shall be cads to the preataes
without the consent of the City in writingi cad any and all Saprovwasnta
plwod on said premises which are movable my be moved by the loseae at
the expiration of this lease, subject to paragraph numbered A hereof.
4. The Losses agrees that it will tab good care of the
property, its appurtsmanosa and all personal property furnished is connea-
tion therewith, and suffer no swats. and &hall keep the said premises,
appvrtenenoes and personal property in good repair at its own ezpenms,
and at the and or other expiration of the term of this lease. shall
deliver up the damised promises, appurtenances sad personal property
-in good order and condition, as sarm are now in, natural war and
tear end damage fram the elements only excepted. In eonneotion with
the personal property or removable f1whava Lasses egress that the
saw my be reduced to an inventory at a later date which will be
atteahe8 hwurte for all pertinent purpose..
5. Zhe ieasee agrees to jay for sal utilities -zead at the
pr.ases leased by it.
6. Ths City reserves tao right to enter t':m said premises
at any time during t:.o existence of sUs lasso Par the yurpose of
impacting the aase in order to detarwina whether the tames of said
lease are being observed and uarried out. -
7. losses agrees not to use said premises for or illegal
or i-Rl purposes and agrees to couform to all the lava of the State,
the united states, and all rules set out by the City %,pager of the
City of Corpus Christi, Texas, for the operation of the leased Twertues.
B. Mniless otborsise provided for under paragraph numbered 1
hereof, the Lessee shall not permit malt, vinous or alcoholic beverages
In the demiwd pramissal and will not permit smoking in axy place .Sere
such would be a fire hazard and will at all tics display "Ho .. imoking"
signs where designated by the Airport Manager or City Fire Department.
9. The ao*aoe shall promptly executo and fulfill all the
ordinances of the City of Corpus Christi applicable to said premises am
if a" was located in the City limits a! the City of Corpus Christi,
and all orders and requirements imposed by the Board of Health, Sanitary
and poliao Departments, for the correction, prevention and abatement of
nuisamos, in, upw4 or commoted with said premises during the term of
this lease at its own expense.
10. Iamme is to be" the option to renew this lease st the
expiration thereof for such terms and considerations as my be agreed
Wou by the City.
11. the LOSS" further agrees that in Case of auy default ilk
any or the covenants and conditions of this Iota*, the City, my enforce
the performance tnereof in asy wadsa or manor provided by law, and may
dealers J. lease lorfeitad at its discretion, and it, its agants or
attorney shall have tas right, witiout further notice or der.and, to re-
enter sad remove all persona therefrom, wlthwut Wine deemCd ;uilty of
aby matwor of trespass and without prejudice to any remediss for arrears
of rent or breach of covenant. or the Citys its agents or attorney, mqy
awsame possession of the pramiess end re-lot the same for the remainder
Of the taro at the best rant tyey aqy obtain, for account of the leases,
who ahaall sate good any deficianayi end the Lacsor (the City) ahail have
a lien as security for the rent aforesaid, ar ..w rent duo and unpaid
wider said lease. upon all goads, wares, ohattols, ;mplownts, fixtures.
furniture. tools and other pereonal property which are now located on
said presdass or which my be placed on said prewiaea by the losses,
which lien shall be cumulative of the statutory lien oreated by law and
in addition t4uroto.
12. The Losses shall stare no materials or auppl_es in or
about tho said premises which mill increase the lire hasard or iu U'� to
ea uaasual risk la that amnnactiou and isssss :+h.11 at :all limas use
the promises in suah a manner as not to ondenger the property leaved.
IN i.deses agrees that in tas event that death or injury
occurs to say poraon or loans deetrliatlon or daaaga occurs to any property
in Connection with the maintenance, operations or repair oi' the leased
premises and the fssilitisa covered hereunder, occasimed by the act
or omissions of the lssses, its agents or eagtloysos, the Losses agrees
to ladsssaify sad saw harnless the City frog sad against wW loss, expeoss.
claims Cr dew to w!doh the City may be subject as the result of such
demands# loss& destruction or dasabs.
14. The City shall not be responsible for damnps to,property,
or injury to persons unioh may arias incident to ttw ersroise of tha
right* and privileges herein Granted.
15, lasses further awes to keep and maintain in full totes
during the terms of this lease liability insuranos yoliniea in the case
of (t ) Dollars and property
damage in the sum of (� ) Dollars
-3-
to indemnify and save harmless the City and the United States Oever'tment
against any expends, claims or dssmads for the death or injury of say
person or loss, destruction or damage to Goverment property ocoasiaaed
by the operation of the loomed property for the use and occupancy of
uses, which policies shall not contain a subordination clause which could
in any way encumber the said City or the United states of Anarioa.
16. However, it is expressly understood and agreed by the
parties hereto that this lease is subject to the loans between the United
States of America, represented by the Chief of the Burnam of Yards and
Docks, acting under direction of the Secretary of the Navy* and the City
of Corpus Christi, permitting the use of United States Naval 4wdlia17
Air Station. Cuddiby Field, Corpus Christi. Texas, or a portion thereof
and this lease is contingent m such lease frame the Governme t and the
terns tiearsof, and all rights of ,the Losses herein ors subject to the
terms of said lease from the United States Oover ment, and it is further
agreed that the City is not to be liable in any manor, for dessess of
41W —tore. for may termination of thin lease or any changes of the rights
of this Lessee by virtue of any action taken by the United States of
America or their agents under aforesaid lease.
17. And in the event for any reason said lease between the
United States of America and the City of Corpus Christi in terminated
In any manner or in the event said leaned promises am turned book war
to the United States of America by the City of Corpus Christi, than this
lease is to terminate u between the parties hereto and the City is not
to be liable in airy manner for damages of saw —tyre for such termi nation
of thin loan by virtue of the termination of the lease between the City
and the united States of America or by virtue of the surrender of the
leased prenIASS to the United States of America by the City of Corpus Christi.
CITY OF CORPUS CHRISTI. TRUS
AZ'=s By
city er
city or s
AMOM AS TO INGAL FCWi
alty Attorney
ROYA -L Caown 9MLIN CCWAVY
IV
Attorney In fast Fo—raw—nr,
i(r. w. S. Marshall.
D4An ar =A8 p
CGvM or ffm= Q
UPME IM. the uadsraigned authority, on this day personally
appeared 2. H.:11au. City ltunae;or of the ;:ity of Coren.s fexas,
known to as to be the person whom nsme is subscribed to the foregoing
instrument and aaknowledged to no that he snouted the some for the
purposes and oonaideration therein expressed, in the capacity therein
stated and as t ?m act and Reed of said City.
Given under uy hand and seal of office this the day of
e A. D. 194
erp, Public in and for Mosses
County. roxaa.
SRAFB OF TUAS
COUNTY OF BIT=
BHFM W, the undermigasd authority, on this day pereonally
appeared Dertba A. Andrew, Attorney in toot for ar. ?i. S. Marshall, owner,
of Royal Crown bottling CompwW, known to sow to be the person whose now
is subscribed to the foregoing instrument and aaknowledged to ins that she
executed the same for the purposes and consideration therein expressed,
in the capacity therein stated and as the mot and woad of said CompwW,
alyen under q hand and meal of office this tas _ day of
e A. D. 194
Notary o in a or wore
County, Texam.
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 impera-
tive necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall be passed finally on the date it is intro-
duced 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 _�?2_ day of ,
A. D. 1948.
1/
F
City of Corpus Christi, Texas.
ATTEST:
r ry
APPROVED AS TO LEGAL FORMS
orney
fabistant Cly Attorney
Corpus Christi, Texas
1948
TO THE 1MERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons net forth in the emergency clause of the
foregoing ordinance, a public emergency and imperative necessity
.xi me
st for the suspension of the Charter rule or requirement that no•
ordinance or resolution shall be pealed 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,
i,
City of Corpus Christi, Texas
The Charter rule was suspended by the following votes
Wesley E. Seale ///_//// /
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordinance was passed by following vote:
Wesley E. Seale /_J
George R. Clark, Jr. LI
John A. Ferria �4w
R. R. Henry
Joe T. Dawson
a�49