HomeMy WebLinkAbout02251 ORD - 03/30/1948AN ORDINANCE 2251
AUTHORIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND
ON BEHALF OF SAID CITY A LEASE CONTRACT WITH
R. S. MORE AND F. A. HALL, JR. COMING PROPERTY
LOCATED AT CUDDIRY 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 and he is hereby authorized and directed to execute for and on
behalf of the City a lease contract with R. S. More and F. A. Hall, Jr.
covering property located at Cuddihy Field, Nueoes County, Texas, a copy
of which lease contract is attached hereto amd made a, part hereof and
reads as follows, towritt
C��i
STATE OF TEXAS
coUrr of $4RCR8
This agreement made And entered into this the _ day of
January, A. A. 1946, by and between the City of Corpus Christi, Tom",
and F.A.Hall, Jr,
a municipal corporation, hereinafter called "Citeand R. S. goy. of
xumoes wunty, Texas, hereinaftar termed "lessee ",
w 1 T X s S e E T a
The City of Corpus Christi, 8bxas, does by these presents
d F. A. Hall, Jr.
less* aid demise unto the said R. 6. Roreeniessee, the following des-
oribed premises, to -wit*
SR one -half of hangar Ho. 651, located at Cuddihy
Field in Nueces County. Texas, together ooacreie
sprees adjacent and adjoining thereto dsscri'wd ae
followas
Hein& roatw4ular in shape
Beginning at the center dividing line at the m'g
and of said hangar, tame* UE 130 feet for .....r; thence
.i 190 feet to end of accurate apron} t:.eece :. 1,85 feet
for oorneri ttonae R'S 1y0 feet for cornerl t:,enoe ;�a 150
fast to dividing line of said hangar at the in end of
same
for the tors of owe year, said lease beginning the let day of Januery,
A. D. 1,j4b. and ending the 31st day of �— *mbar, A. L. 19163 the lasses
is to pay therefor the am of Three Thousand Six Hundred i.,ollars ($3,600.00)
per year, seem to be paid in monthly installsents of $300.00, said monthly
icatallments to be paid each tenth in adveaos, the first to be paid, ou
the first effective date of the lease. and a like installment on the same
day of each suoueeding month thereafter during the term of said lease,
subject to the £olloeing conditions and oevenantas
1. That the Leases shall pay the rant in advance as aforesaid,
as the same shall fall duo.
p. It is understood mad agreed that the leased premises are to be
used for the following purposes only, to -wits for aircraft storage, s¢les,
mainteeance, operations. schools and similar aviation aotivitl.. in conaec-
-tion with sad pertinent to the above stated usage. Said premises are not
to be used for any other purposes then times herein specified, without the
consent of the City in writing.
3. It Lessee engages in flying training# charter service or
operating ocaweroially for hire, reward or profit, he agrees to pay to
the City in addition to the annual rental of $3600.00 not out above* an
operation charge which shall be paid as folloss; $150.00 for each six
months period for one airplane; if second airplane is used, it may be
operated froa of ortra charge to esaeet and $5.00 Par month is to be
charged for each additional airplane over two# the operational charges
for the first plane to be paid each wiz months in advance; the charge
or .00 pun pl -no for each plane over too is number fa to I— paid
monthly +n LLa-Ja1Ca.
4. if t+w ossaa aeliz vasoliuw at :eased prunisea in oon-
auction with use of aana. tiou in such diem Losseo agroea _o pay the
City the sum of tuo cents ($.02) per gallon for the first five thousand
(5.000) gallons of gasoline sold on the leased promises; and one cent
0.011 per gallon for each gallon over five thousand gallons sold on the
premises, same to be payable on the I'.th lay of each month following the
sale, during the term of this lease, it being understood that this rental
based on the sale of Gasoline is to be in addition to the rental charge
heretofore mentioned in this agreement.
5. It is further understood sun agreed that in the event a
portion of the premises herein leased are nub- leased oy the Lessee to be
used as office space, then and in such event, the less" agrees to pay
the City the sum of 10% of the gross amount received from such sub- lesese
for the nub- lease, said amrnmt to be in addition to the rental. hsrein-
above set out.
6. Lessee agrees not to sub -let the leased premises.or any por-
tion thereof& except as under the terms of this contract for the purposes
set out, rithout the consent of the City in writing.
7. No additions or alterations shall be made to the premises
without the consent of the City in writings and it is expressly agreed
that all permanent additions or alterations made by the Lessee shall become
the property of tae City.
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8, The !.""a agrees that he will take good sere of the pro-
perty and its appurtenances, and suffer no Waste, and shall keep the
said promisee in food repair at his cas expeaee. and at the and or other
.zpiration of the tern of this loans. shall deliver up the deai.ed pra-
nines in good order and condition, as saes are now in, natural Wear and
tear and damage from the elements only excepted.
9. The Lessee agrees to pay for all utilities used at the
premises leased by him.
10. .t is further understood en: agood that tie right of in-
greas wid uprose is reserved by the Le-or (the City) herain, for the
use of its employees and the gonernl public, to allow t'iem to.enter hangar
Yo. 651 for the purpose of vieitirz t!ia office of the ' rport uanager
and the control toter.
11. The City reaerves the right to enter the said premiaee
at ay tirm during the existence of this lass. for the purpose of
inapectin,, tho anie in order to deto dno whsthcr the terra of said
lease ere being, observed and carried out.
12. The price. charged for things sold on the premises by the
S.easao shall at all times be rwasamable, and not exhorbitant, and com-
parable with prices charged for the same articles at similar places in
the City of Corpus Christi.
13- The :asses sLr..s.to take good care of all movable equip -
anta fixtures and property of say nature, furnished by the +,'ity, and
will keep sane in good repair at his own expanse, and at the expiration
of the term of the lease for any cause, shall - deliver to the City all
of such movable eq.ipiaant. fixturoa and x11 goparty of aqv nature. is
goad order and condition, as same is now in, reasonable wear end tear
only excepted. The Losses further agreed to be responsible for wW of
au-.h movable equipment, fixtures and property, and in event same or a
part thereof is lost, stolen or destroyed, Lea." I. to replace Wald
property. in its same state and condition, as same was in when turned
over to Latest. An inventory of all personal properties and equipment
furnished by the City to saes" is to be made at a later deft and oigaed
by Losses and the Airport Manager 8r the City, acme to set out a deserip-
tion of the property and equipment and the condition of much, it being
understood a copy of aams is to be attached to this lease agreement and
is to become a part thereof for all pertinent purposes.
Ili. lasses further agrees that he mad all his employees &hall
abide by all rulem and regulations as set out by the Airport Manager
and the City of Corpus Christi, and the maid employees shall remain on
the pramiaes of the Lassos at ell times, unless their offioiml duties
require utlwrwioc, uad that they rill use only the toilets u•.d washrooms
designated for ! ;he Les... and him cmployecs.
1;. the Lessee shell not permit melt, vinous or alcoholio
bevera-es in tho damised premises; and will not ;wrmit emokine in any
plaoa whore such would be a fire hazard u:_,: will at all tine display
"90 3 —king" sign w re do.ibnatad by tho irport :5P=Ler or City Fire
Department; Lessee Further a&ress to paints dope, store inflammable
materialm, weld, or oarry on auy activity tiuct ui"ht be a :ire hazard.
only is too— places designated by the Ji.y Fire 'Marshal.
16. The Lean.. .hall promptly esacute end fulfill all the
ordinances of the City of Corpus Christi applicable to said premises,
and all orders ano requirements imposed by the ;ioard of dealth, Sanitary
and Polio* Departments, for the correction, prevention and abatement of
nuisances in, upon, or oonnooted with said premises during; the tam of
this loss@ at his own expense.
17. lessee: further agrosm to keep and maintain in full force
during the terma of this lease liability insurance policies in the aura
or ($ ) Dollars and property
damage in the am of (q ) Dollars
to indemnify and nave 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 oeossioned by
the operation of the leased property for the use and occupancy of same,
whioh policies shall not contains subordination clause which could in
an may encumber the said City or the United states of Amerioa.
18. However, it is es:pressly understood and agreed by the parties
hereto that this lease is subject to the lease between the United States
of America, re »resented by the Chief of the Bureau of Yards and Jocks
acting under direction of the Aeerotsry of the Wavy, and the City of Cor-
pus Christi, permitting the use of United ^tubes Naval uxiliary Air
Ration, niddihy °Said, ::.rpus Christi, Tex", or a portion thereof and
this lease is cortin;ent on such lease from the 3 sernment and the terms
thereof, and all rights of the Lessee herein arm subject to the terms of
said leas. fr., the ''nit.d "test.. f:overn..3ut, and it is :'urt'ii agreed
that the: Oi -,y to not to be liable in any mnner, for dan. ros of any nature,
for any tsrtination of this leaso or an y o_' tLo ri„hcs of this
; oaseo by 71 ttie of m-t action ta!:cn s, : -eo Tzi itod %Ltss o_" :`,aorioa or
their ¢dents under aforesnid loss..
lie. 'fho Sessee further agrees that in case of amp default in
any of the covenants and conditions of this lease, the City my enforce
the n.rf.mince thereof in aepr ;sodas or ,- provided by la:a, uu! may
declare the leas. forfeited at its discretion, =d it, its rgenta or
attorney &hall have the right , without further notice or dem d, to re-
enter and ronove all persons therefrom, without being deemed guilty of
any manner of trespass and without projudi.ce to any remedies for arraare
of rent or breach of oovenant, or the City, its agents or attorney, may
"Bum possession of the premises and rs -lot the gems for the remainder
Of the term at the best rent they may obtain, for account of the Lessee,
who shell make good any deficionoyl and the Lessor (the CiV) shall heve
n lien as security for the rent aforesaid, or any rent due and unpaid under
said lease, upon all goods# wares, chattels, implements, fixtures, furui-
tune, tools and other personal property which are now located on said
premises or which may be placed on said premises by the Lessee, ahioh lien
shall be cumulative of the statutory lien oreated by law and in addition
thereto.
20. And in the event for any reason said lease between the
United States of 'meriea and the City of Corpus Christi is terminated
in any manner or In the event said leased promises are turned back over
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to the United state- of Amsriea 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 daseagea of m:y astute for such termination
of this lease by virtue of the termination of the lease between the City
and the United C3tates of I—rica or by virtue of the surrender of the
leased precisos to t w 'Ihited "ta`,ss of imrioa by the City of Corpus
Christi.
CITY cr, CORPT;� C'RffsTI, TFjasi
13Y
ATTliliT:
City Manager
City Soomtary
�yZy ;1 +. arney
Assistant City A torney
;masse
STATS 0 TI=6
COUNTY OF NUNES Q
Before me, the undersigned authority, an this day personally
appeared 5. S. More, Swam to me to be the person. whose name is subscribed
to the Pore,oing instrumont and .:.he- aokamaledged xo me that he executed
the same for the purposes and consideration therein expressed.
Given under nV hand and seal of office this the ` day of
A. D. 1948.
Notary Public, aces County. T exas
STATE OF TEXAS Q
COUNTY OF NUECHS Q
Before me, the undersigned authority, on this day personally
appeared F. H. Allen* City .Manager of the City of Corpus Christi, Texas,
known to ma to be the person whose name is subscribed to the foregoing
instrument and acknowledged to sew that he executed the mama for the pur-
poses and consideration therein expreased., in the capacity therein stated
said se the act end deed of said City.
Ghee under ny hand and veal of office t,lm the ` day of
D. 1948.
Notary Publio. ueees County. T exa2
STATE OF TUAS 2
CMNTY OF HUICSS f
Before soo the undereignad authority* on this day personally
appeared 9. A. Hall. Jr, known to ss to be the person whose rise is
subscribed to the foregoing instrusent and acknowledged to me that he
executed the sass for the purposes and consideration therein expressed.
(;two under my hand and Beal or office this the _ day of
A. N 1948.
cry Mile in end for ,--a
County, Texas.
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 ..� day of
A. D. 190.
City of Corpus Christi, T� zas.
ATTESTi
y ao erg
APPROVED AS TO LEGAL FORMi
a s r—y y
Attorney
Corpus Christi, Texas
1948
TO THE AeOMERS 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 data 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.
Respeotfully,
?J ,J
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley E. Seale _
George R. Clark, Jr.
John A. Farris
R. R. Hoary
Joe T. Dawson
The above ordinance was passed the following vote;
Wesley E. Seale
George R. Clark, Jr.
John d. Ferris
R. R. Henry
Jos T. Lawson
as51