HomeMy WebLinkAbout02562 ORD - 07/26/1949AN ORDINANCE
AUTHORIZING AND DIRECTIAG THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECOTH
FOR AND ON BEHALF OF SAID CITY A LEASE CONTRACT
WITH W. A. PEIIJJPS, _DMW BUSINESS AS, PHILLIPS
TRAINING SCHOOLS, COVERING PROPERTY BEING BUILD-
ING N0. 659 LOCATED AT CUDDIHY FIELD, NDECES
COUNTY, TEXAS, AND DECLARING AN EMERGENCY.
BE IT ORDEINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager of the City of Corpus
Christi, Texae, be and he is hereby authorised and directed to execute
for and on behalf of said City a lease contract with W. A. Phillip.,
doing business as, Phillips Training Schools, covering property being
Building No. 659 located at Cuddiby Field, Nuecss County, Texas, a
copy of which contract is attached hereto and made a part hbrecf and
reads as follows, to -pits
a5(.o -;-
STATE OF TEXAS
COUNTY OF NUECES
This agreement made and entered into this the lst.day of
July , A. D. 1949, by and between the City of Corpus
Christi, Texas, a municipal corporation, hereinafter called "City" and
W. A. Phillips, dba Phillips Training Schools
of Nueces County, Texas, hereinafter called "Lessee ".
W I T N E S S E T H
The City of Corpus Christi, Texas, does by these presents
lease and demise unto the said W. A. Phillips, dba Phillips Training
Schools
Lessee, the following described premises, to -wit:
Funding No. 659 located at guddihy Field, Nueces County,
Texas
for the tern of one year, said lease beginning thelat, day of
July A. D. 1949, and ending the 30th day of
June A. D. 1950; the Lessee is to pay therefor
the sum of TWENTY EIGHT HUNDRED AND THIRTY TWO DOLLARS (82,832.00)
for a year, same to be paid in monthly installments of $236.00
per month, said monthly installment 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 same day of each succeeding month thereafter
during the term of said lease, subject to the following conditions
• and covenants:
1. It is understood and agreed that the leased premises
are to be used for the following purposes only, to -wit: for vocational
training school and the things incident thereto.
Said premises are not to be used for any other purpose than these
herein specified unless consented to by the City in writing.
2. Lessee agrees not to sub -let the leased premises or
any portion thereof.
3. No additions or alterations shall be made to the
premises without the consent of the City in writing; and any and
all improvements placed on said premises which are movable may be
moved by the Lessee at the expiration of this lease, subject to
paragraph numbered 4 hereof.
4. The Lessee agrees that it will take 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 its
own expense, and at the end or other expiration of the term of this
lease, shall deliver up the demised premises, appurtenances and
personal property in good order and condition, as same are now in,
natural wear and tear and damage from the elements only excepted.
In connection with the personal property or removable fixtures
Lessee agrees that the same may be reduced to an inventory at a
later date which will be attached hereto for all pertinent purposes.
5. The Lessee agrees to pay for all utilities used at the
premises leased by it.
b. The City reserves the right to enter the said premi-
ses at any time during the existence of this lease for the purpose
of inspecting the same in order to determine whether the terms of
said lease are being observed and carried out.
7. Lessee agrees not to use said premises for any illegal
or immoral purposes and agrees to oonform to all the laws of the
State, the United States, and all rules set out by the City Manager
of the City of Corpus Christi, Texas, for the operation of the
leased premises. _
B. Unless otherwise provided for under paragraph num-
bered 1 hereof, the Lessee shall not permit malt, vinous or alco-
holic beverages in the demised premises; and will not permit
smoking in any place where such would be a fire hazard and will at
all times display "Yo Smoking" signs where designated by the Air-
port Manager or City Fire Department.
9. The Lessee shall promptly execute and fulfill all the
ordinances of the City of Corpus Christi applicable to said premi-
ses as if same was located in the City limits of the City of Corpus
Christi, and all orders and requirements imposed by the Board of
_ -" Health, Sanitary and Police Departmenta, for the correction, pre-
vention and abatement of nuisances in, upon, or connected with said
premises during the term of this lease at its own expense.
10. Lessee is to have the option to renew this lease at
the expiration thereof for such terms and considerations as may be
agreed upon by the City.
11. The Lessee further agrees that in case of any default
in any of the covenants and conditions of this lease, the City may
enforce the performance thereof in any modes or manner provided by
law, and may declare 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 remove 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, may resume possession of the premises
and re -let the acme for the remainder of the term at the beat rent
they may obtain, for account of the Lbasee, who shall make good any
deficiency; and the Lessor (the City) shall have a lien as security
for the rent aforesaid, or any rent due and unpaid under said lease,
upon all goods, wares, chattels, implements, fixtures, furniture,
tools and other personal property which are now located on said
promisee or which may be placed on said premises by the losses, -
which lien shall be cumulative of the statutory lien created by
law and in addition thereto.
12. The Lessee shall store no materials or supplies in
or about the said premises which will increase the fire hazard or
institute an unusual risk in that connection and Lessee shall at
all times use the premises in such a manner as not to.endanger the
property leased.
13. Lessee agrees that in the event that death or in-
jury occurs to any person or loss, destruction or damage occurs
to any property in connection with the maintenance, operations or
repair of the leased premises and the facilities covered hereunder,
occasioned by the act or omissions of the Lessee, its agents or em-
ployees, the Lessee agrees to indemnify and save harmless the City
from and against any lose, expense, claims or demands to which the City
may be subject as the result of such demands, loss, destruction or damage.
14, The City shall not be responsible for damages to property
or injury to parsons which may ariso incident to the exercise of the
rights and privileges herein granted.
15. Lessee further agrees to keep and maintain in full force
during the terms of this loose liability insurance policies in the sum
of - - (n,npn Cq Dollars and
property damage in the am of �.nnn,.n ") 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 same,
which policies shall not contain a subrogation clause which could in any
way encumber the said City or the United States of i=rica.
16. However, it is expressly understood and agreed by the
parties hereto that this lease is subject to the lease betwoen the
United States of 1,merica, represented by the Chief of the Bureau 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 luxiliary .iir Station, Cuddihy Field, Corpus Christi, Texas,
or a portion thereof and this lease is contingent on such lease from
the Govornmont and the terms thereof, and all rights of the Lessee
herein are subject to the terms of said lease from the United States
Government, and it is further agreed that the City is not to be
liable in any manner, for damages of any nature, for any termination
of this 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 is
terminated 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
psrEieo hereto emd the City it not to be li" is soy aua— for damgm
of aeg. nature for Bush tsrXiAltim of Ibis law by virtu of the tends.
stun Of to leave bstpsaa the City and Us gaited Ytste! of Asgrl" or
by virtue of VAS surrsoadsr of the hsesed prssisos to tho FBaited gtotss of
Asgripa by the City of Cespue Christi.
186 Notwithstrneting aT provision hereof regarding the tong of
this 1iw it is Agreed that Upon ndye#y (90) .days Witten notion, enter
Us hoses m the 1*88se soy teradaats this agreement upm the 401ivw7
of said noting is oosp]3s110e with all the other prorisiase and eb%i&tims
Of this,costraoi. gpan the szpiMUcIft of 8Wileriod of niowty (90) dye
sfbr lWh notim this lease obeli be dessod terminated and of no further
foram, and affect.
CITY OF Game CMMI, TIM
By
UMSEMW
AMSTe
n
'i' oro
APP, OTO A8 To 18 on Fml
sun CF Ta" J
00mr or MIICW)I
li8FCL8 Wo the undersigned authorltya on this day porsousUr
appeared X. W. Csnbraty City Ysnager of the City of Cerra Christi, Tema.
known, to ss to be the teem -vbe" nags is subseribod to the faregeisg
�s i�n�l d to that he e�mouted the as= for the pur+
1m, expressed, An the aaposity therein stated
said as the got mad deed of said City.
Given under atp hand and goal of offieg this ths�dW of
. A. D. 19W.
Votary FmIs. .
Tem"
ar" of TSM j
ooum OF Imms i
u. tbA
#pp fl HDr9pE Div" 3 v. e s tus h* 7 pw*mY
s tUt h* —. 1464 for thea Sn .14 i t�
piapesn mid cmmid*rntias tha*in
rxpr-804
4iv*n msd*r zF hand and seai of office thu dq of
A. D. 1919.
*rY
SECTION 2. The necessity for establishing air facilities
at Cuddiby Field and the necessity for receiving, revenue to be used for
the upkeep of said field, creates a public emergency and publis 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 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 an
the date of its introduction and take effect and be in full force and
effect frem and after its passage. jT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this 2S day ofA. D. 1919.
A.
-2
City of Corpus Christi, Texas
AT�TESTT:�Q,��_ /� /���
city secretary
APPROVED AS TO FBMt
Corpus Christi, Texas
July 2/,, 1949
TO THE leF.MM OF THE CITY COUNCIL
CITY OF CORPUS CHRISTI, TEAS
Gentlemen:
For the reasons set forth in the?wergeuoy 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 date it is
introduced, and that such ordinance or resolution shall be read at
three several meetings of the City Council] I, therefore, hereby re-
quest 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,
L�fA+Yil+un"'.�
City of Corpus Christi, Texas
The Charter rule was suspended by the following "tat
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above ordinance was passed
by the following votes
Leslie Wasserman
Jack DeForrest
Barney Cott
OVAL
Sydney E. Herndon
George L. Lowman