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HomeMy WebLinkAbout02268 ORD - 05/04/1948AN ORDINANCE �p, �_� F AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT ON BEHALF OF THE CITY WITH THE UNITED STATES OF AMERICA FOR LEASE OF SENIOR OFFICERS' QUARTERS AND MARRIED OFFICERS' QUARTERS, GARAGES AND MAIDS' QUARTERS AT CUDDIHY FIELD, AND DE- CLARING 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. Taxas, be and he is hereby authorized and directed to execute a contract on behalf of the City with the United States of America for lease of Senior Officers' Quarters and Married Officers' Quarters, garages and Maids' Quarters at Cuddihy Field, a copy of which lease contract is attached hereto and made a part hereof for all intents and purposes and reads as follows, to -wit: ADDENDUM ONE TO LEASE OF CUDDIE1Y FIELD WBEREAS, a lease was made and entered into by and between the United States of America, represented by the Chief, Bureau of Yards and Docks, acting under the direction of the Secretary of the Navy, hereinafter called the Government, and the City of Corpus Christi, located in the County of Nueces, State of Texas, hereinafter called the Lessee, under which instrument the Government granted, demised and leased to the Lessee the former Naval Auxiliary Air Station, Cuddihy Field, said instrument having been executed 15 April 1947, and being hereinafter referred to as the primary lease; and WHEREAS, said primary lease is for the period commencing 15 April 1947 and ending 11.E April 1948, unless sooner terminated; and WHEREAS, said primary lease shall be deemed renewed from year to year upon the same terms and conditions as therein specified, unless terminated by the Government, provided that no renewal shall extend the time beyond five years; and WHEREAS, the Government specifically excepted from said primary lease the two areas plus Bay 2 of Storehouse Building 60, all outlined in red on Exhibit "A ", map of Cuddihy Field, attached to and made a part of said pri- mary lease; and WHEMEAS, the Government presently does not require for its use that particular area shown in red on said Exhibit "A ", comprising the Married Officers' Quarters, together with the improvements and installations there- on and appurtenances thereunto applying, hereinafter referred to as MOq; and VEEREAS, the Government has determined that the leasing of this area under the terms and conditions of the primary lease is to the best interest of the Government; and WdEREAS, the Lessee desires to lease said MOQ from the Government under the same other terms and conditions as the primary lease; NOW THEREFORE, in consideration of the foregoing and of the covenants and agreements hereinafter mentioned, said primary lease is hereby mutually amended by this instrument as follows; (1) The Government leases to the Lessee and the Lessee leases from the Government, said MOq, as of the date of occupancy hereof, under the same terms and conditions of the primary lease, without change in the annual payment from year to year, provided that there be the further consideration of a single advance payment of one dollar ($1.00) lump sum to the Treasurer, of the United States, delivered by Lessee in care of the Commander, Naval Air Advanced Training Subordinate Command, Naval Air Station, Corpus Christi, Texas; and provided further that the duration of this amendment shall not extend beyond that of the primary lease; both parties binding themselves to the same terms and conditions of the primary lease as fully as if all such were specifically written herein. -1- (2) As stated in the primary lease nothing herein contained shall be deemed to imply any obligation on the part of the Government to furnish the Lessee with any utility services whatsoever, it being expressly understood and agreed that the Lessee shall obtain such services at the Lessee's sole cost and expense and the Lessee shall pay all water rates or rents and all charges for gas, electric light and power in addition to the rent specified in the primary lease. (3) The property covered by this amendment as indicated on Exhibit and referred to in inventories as of 31 January 1947 applicable to the pri- mary lease, is more particularly set forth in the following list: (a) Senior Officers* Quarters "O" and "p ", each complete with garage and Maids' Warters. (b) Married Officers" quarters "Ps -EE" to "I -II" inclusive. (c) Garages and Maids' Quarters numbered 664 to 668 inclusive. (d) playground appurtenances numbered 620. (e) Walks, drives, grounds and all utilities applicable to the above. (4) This instrument becomes addendum number one (1) to the primary lease. (5) IN WITNESS WHEREOF, the Navy Department, on behalf of the United States of America, has caused this addendum number one (1) to be executed this day of 1948, WITNESS: THE UNITED STATES OF AMERICA BY By direction of the Chief of the Bureau of Yards and Docks, Acting under the direction of the Secre- tary of the Navy. ` The undersigned hereby certify that they are the duly authorized repre- sentatives of the Lessee, City of Corpus Christi, Texas, and that they are empowered to acknowledge receipt of, and assume custody for, the land and appurtenances, buildings and structures listed on the above inventory. Fur- thermore, such properties are considered required for, or useful in connec- tion with, the operation and maintenance of the Naval Air Facility by the Lessee. CITY OF CORPUS CHRISTI, TEXAS ATTEST: By City Secretary City Manager -2- SECTION 2. The necessity for providing adequate living facilities for the City's lessees at Cuddihy Field and the necessity for providing funds for the upkeep of Cuddihy Field creates a publflo 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 reso- lution 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 sus- pended, 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 May, A. D. 1948. 0 City of Corpus Christi, Texas ATTEST; v Corpus Chr'ati, Texas may , 1918 TO THs moms 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 ordinanoe or resolution shall be passed finally on the date it is introduoed, and that such ordinance or solution shall be read at three meetings of the City C,unnil; 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, 7��K - 1 City of Corpus Christi, Texas The Charter rule was suspended by the following vote: wealey R. 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 George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawaca I