HomeMy WebLinkAbout02345 ORD - 08/10/1948AN ORDINANCE %0 . 0-3 `f
AUTHORIZING AND DIRECTING TM CITY
MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, TO EXECUTE A LEASE FOR AND ON
BEHALF OF THE CITY WITH ACNE CONCRETE
PIPE CO., LTD. COVERING A STRIP OF
LAND IN TEN BRMAN ADDITION, CONTAIN-
ING 12,000 S@. FT., AND DECLARING AN
EMERGENCY.
BE IT ORflA= BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS.
SECTION 1. That the City Manager of the City of Corpus Christi,
Texas, is hereby authorised and direoted to execute a Lease Contract for
end on behalf of the City with H. H. Diokehut and C. C. Balmy, a 00-
partnership, doing business as Acme Conorete Pipe Co., Ltd. for the
leasing of a traot of land ooateining approximately 12,000 sq. ft. located
in the Brennan Addition to the City of Corpus Christi, Texas, a copy of
Said Lease being attached hereto and made a part of this Ordinance for all
pertinent purposes.
ON3
MATH OP T
mon op VOSOS 1
This Agreement made and entered into this the 60 of
Augu t, A. D. 1948. by and between the City of Corpse Christi, Toma,
a esmieipal oarporation, hereinafter'oalled °Cit1 end B. B. Dickehut
and 0. a. Emwar. a c perbsarahtp. doing business e.s Aeme Concrete Pipe
de.. Ltd. of /faeces County, Texan. hereinafter called .Lessee.
SITBSSSETB
The City of Corpus Christi, Tomas, does by these presents lease
and demise unto the said E. 2. Biakehut and C. 0. Bonny, a ce"partn p.
d/b /a Acme Conorete ripe Co., Ltd., Lou*, s® the following desortbed premi-
Bed, 6o tt
Being a tract of lend approximately 218 ft. x 501 lying
lathe Wesb Portion of Brcmasn Addition to the City of
Corpus Christi, Texas, and more particularly desoribed
as follows.
Beenndng at the intoraeotion of the Bast property
Line of the Missouri IstproTesant Traot sad the South
Lime of Brennan Street extended far the northwest oor-
aer of this tract.
Thence in =easterly direotiam 57.17 goat with
the east line of Brennan to a point for the northeast
corner of this treat.
Thome in a southwesterly direction a distance of
216.71 ft. with a line that ie east of and parallel
with the east property line of the Missouri Improvement
Co. to a point for the southeast Corner of this tract.
Thence in a southwesterly direction 61.97 feat to
a point in the soot property line of Missouri improve-
ment Co. Tract, ahi.oh point is 222.15 it. southwest of
Us point of begino5,g sad is the eouthweet corner of
this traot.
Thane in a northeasterly direction with the east
property laa of the Missouri Improvement Co. Tract to
the place of beec,ingi aid a tract
2..Wmrd'ag at the . southwest ooraer of Lob 1, B12. h.,
Oremntn mow= to the City of Corpus Cbrieti, Tones.
Thence in a northerly direction with the *seat property
line of Lot 1, Block 16 Brennan Addition a distanoa of .
)40 ft.
Thence in a westerly direction with a lino that ie
140 ft. north of sad parallel to the north line of Bronnan
Addition a distance of 37.36 ft. to a point in the east
proporLy line of the B3ssotwi Maprovement Co.
Thence in a southeasterly direction with the oast
�line of Missouri Improvement Co. a distance of
. to the intersection .ith the north property line
of Bremen 8t. extended.
Thextee in an easterly direction with the oabanaioa
Of the north property line at 'rem Addition to the
place of h0gan„4eg,
for the term of one year, said Lease begianiag the dqq at August,
A. a 1y 8, acid ending the day of fit, A. D, 19491 the leasea
is to pap therefor the sun of Pile .&mired Dollars 0500.00) per year.
sense to be paid in quarterly insta of 0125.00 each, in advance,
the first install= to be paid an the first effective date of this
Loeae, and a like installment ea the i`irat dap of each suooaeding quarter
of a year thereafter during tbo term of said leas% subject to the follor
ins conditions and oovaaaanbae
1. That the lessee shall pay the rest in advance as aforo®aid,
as the same shall fall due.
2. It is understood and agreed that the leased premises are
to be used for the follan ag purposes only, to•®ita for storing, oaring
and yarding concrete pips, Said premises are not to be used for may
Other purposes than these heroin specified, unbent the consent of the
City in waiting.
3. That the Lessee agrees net to sub -let the leased premises
or any portion thereof without the consent of the City in writing.
4. That Lessee is to have the right to clear the strip of
land leased and to cover it with naadehelli and it is expressly agreed
that all permanent improvements placed on the promisee by the Lessee
shall become the property of the City.
5. The Leaner, agrees that be will take good care or the
property and ite appurtenances, and auger no wsate, and shall keep
the said praxises in good repair at his own expense, and at the end
or other expiration of the term of tbis lease, shall deliver up the
demised premise's in rood order and condition, sr, .some are nos in,
natural uaar and tear and damage frog tier elements only excepted.
6. The City reserves the right to enter the said premises at
any time during the aatatcnoe of this lease for the purpose of inspecting
the ease in order to Caterndn, whether the terse of said lean, are being
Observed an carried oat.
7. The Lessee pholl promptly execute and fulfill all the
ordinances of the Oity of Corpus Christi applicable to said premises,
and e11 orders and requirements imposed by the Hoard of Health. Sanitary
and Police Departments, for the correction, proventicn -and abatement of
nuisances in, um, ar oanaeoled with said premises during the term of
this lease at his oraa eapsatu<e.
8, YGe Loses AWOL' egress that is vase of f4y default in
amy of tho oareaapbs and conditions of this least, eat City air =%s')
the parlomaaco thereof La any teens or ram,er provldod try lw sod soy
decline the lease forfeited at its diooretion, and it, its agenbe or
attorney stall hags the right, istithout farther notice or derand, to re-
eater sadnesses all persons tberafrogy without being dossed guilty of
a: arms of trespass wad without prejudice to any remedies for arrears
of rent or brooch of ovrenmt, or the City, its agents or attorneys ray
roans possession of the provisos and rs*1eb too save for the rosindlopet
the tarn at the boat rent it:termer obtain, for account of the Lessee,. eta
shall noise good any dofialere f and the leaser (the City) shall have a lien
as security for the an aforesoldy or warrant doe sad unpaid orohr maid louse,
aeon all geode, tapes, ettted.% itipianenta, fis1seee, furniture, tools and
other personal property taLOh are now Located an said promises or whimh aw
be p2aaed aaa said prmaiava brute Lessors, obioh lint shall be ummslativa
of tam statutory lists created by law and in addition tboreto%
9, T$ is ibrtborarstood and mood that the Lessee shall
ammo od koor harmless the a id City from any and ell claims or doh
that night be esijudieated splash the said City b' bream of said Leodoeao
use of said leased promises.
ruin uantraot is to be binding upon the parties hoseto, their
heirs, s emoseore and esaigas.
Eaoocted lLo deplioaio this the dam' of moat, G. D. 1916.
AMOCO Xi TO LSE. FORM
MY OF CC$FUS CHR!OTI, TEXAS
City lactecer
AMC CONCRETE ME Co., LTD.
sg,
City 1411or3207 Camaral Port on
issistaat City Atcarnoy
MU OP VOW
same op mots
=PORE M®, the umdersigzn,d authority, on this day appeared
N. N. Allen. Oityrandiger of the City of Corpus Ohrieti, Texas, lam=
to me to be the ream= ahem name tore¢becribod to the foregoing instru-
ment end aelause1adged to re that he exaonted the Same for the purposes
and consideration therein eaprenoed, in the capacity therein stated
and as the ant andded of said City.
August, A.
Given under Syr hand and eea.l of office this the day of
D.
notary Public in and for Moose
County, Texas
STATE On 'XMAS
co00IY OF MIMES
BEM hE, the 'undersigned authority, a Notary Public in and
for Moles County, Taws, on this dag personally appeared
,
no to me to be the person wises nacre is
subscribed to the foregoing inatromoat and acknowledged to me that he
executed the same a 'or the purposes and ovusidoratioa therein greased
as a general partner of Brno Concrete pipe Co., Ltd., in the oapasity
therein abated and as the act and dead of the said Mons Concrete Pipe
Co., Ltd.
inmost, A. Gi my band end seal of office this day of
Notary Public' in end for Steam
County, Texas
S€CTION 2. The fact that excess land not being used by the City
oan be leased and bring in needed revenue at this time °routes a publio
emergenoy and publio 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 auoh ordinance or resolution shall be
read at three several meetings of the City Council, and the Wayor having
declared that auoh public emergeaoy and imperative neoeesity exist, and
having requested that suoh Charter rule be suspended, and that this
ordinance be passed finally on the date of its introduction and take
effect and be in full foroe and effect from and after its passage, IT
IS ACCORDINGLY So ORDAINED.
PASSED AND APPROVED this /Q day of August, A. D. 1948.
ATTEST:
APPROVED AS TO LEGAL FORM:
City of Corpus Christi, Texas
Corpus Christi, Texas
August /O . 19bB
TO THE 1ERS OF THE CITY COUNCIL
Corpus Christi, Texas
Geatlemena
For the reasons set forth in the emergency clause of the
foregoing ordinanoe, a public emergency end 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 abnl1 be read at
throe meetings of the City Council: I, therefore, hereby request that
you suspend said Charter Rule or requirement and pass this CrMMnnnoe
finally on the date it is introduced, or at the present meeting of
the City Council.
Respectfully,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley E. Seale
George R. Clark, Jr. ®L.i_ 7L
John A. Ferris
R. R. henry
Joe T. Dawson
The above ordinance was passed the following vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
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