HomeMy WebLinkAbout02639 ORD - 11/22/1949;631
AN ORDINANCE
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 JOSEPH ADAMS, COVERING
PROPERTY BEING THE NE 1 /4, HANGAR #3, LOCATED
AT CUDDIHY 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 said City a lease contract with Joseph Adams covering property being the
NE 1/4 of Hangar #3, located at Cuddihy Field, Nueces County, Texas, a copy
of which contract is attached hereto and made a part hereof and reads as
follows, to wit:
9IP39
-
» aF Taxes
Dawn or susses
U" air m,mt NO" sad eatered into this the _ dep or
A. &. 1949, hr sad between tb. City of Carpus tlhristi,
Tercas. a smesaipal oaayoratiou, hereinafter called ealtye mad
Joseph Adams
of Noes" County. Yeses, hereinafter termed °iaasee'.
A l! 8 R ffi S S T 9
The City of Corpus Christi. Tama, does by thaw prasaoto
lease sad demieo oa$a the Said Jererph Adana, looms. the follaring daaoribed
premises. to-its
a st Atsagar No- 3. loestod at Cuddow rlsld,
In I-- CaUshr, Year. together with aoassete .arxgpa
"J t acid adfaisi.ng sher#toe _
for the tare of nim wootbs. said leap 6ogiosinffi the 10 day of
A. D. 1949, and sndiag ties Tn—at der of Ja171 A. D. i95iir the lesson, is to
.pr therefor the eve of SRatrteM Moody" h1 v Doll-* (Ma-M) for tar
farm •f this leer. same to be paid in monthly inatellmemts of US, '0W6
aai4= -tbly iaatallrm&ts to be paid eseh month yy adnme, the first to
a raid, oa the first erfeatiwe date of the lrp, sad n lih► instatlmemt
an the same -day of each emeeseding nsnth thsresttar during the term at
said lease. SW4-t to the fallasing acnditteru and ceveaemtss
1. that the lemons, aball pq the rout in aftenee se
afers 14 as the sues "Ali fall am.
R. It is Understood and agreed that the isem d pru{sas
am to be seed fie the fellsmiag pmpows salt'. ts,oits for aivereft
starsfis. oohs. maims akwoo operations* schools end siwilor &Motion
aetivitiea in asmeatim with sad portimmat to the sbeva stated Uosga4
tnd,:seid pramtsss are met tobs uaad fsa Any otter pas%isss them those
be-is opeaified, without the cmassn# of the City sa wrstiwg.
'}. It the Ls"" sells iwaolimo at leased promised in
` aamMetiae with we or sari- than in owa lk Epp► acttses M llq' tbo
Ci1w aaw cam of tie gnat% (l.CB) par ca11am for tb first it- d ,
NOOi 5;llnam at gaeellas Mid am the leased prowl" imd it ++ 6
4.14) gar Gallas far emah 591146 Casa nvo tdeenaWA sstlmr aA" on the
P^ramissa. sass to be payable as tab labs Aq at sash m-ath foil -Imo the
-. sale. daring the tees of this Is ass. it being MUCalkoed that tbMd. s*mtel
based an the ants of gaaslime is to be in atdditiza to the raaiml.al 90
heretofore memtianp in this sgreeman%
L. it is further understood and %greed that is t1w a+mA
a porU. of the promises hernia leased use aab- lommod by the Ims"s to
be mod es atfies spaoa. than and in smelt . the Lasses agrees is pp
the City the rot of 16¢ at the grass amwmt ro aaisad from mach ssblssae
for, the sublease, said ammunt . to be in addition to the rants" hore-
aitsea man %Sazbsd.
5. Leases across net to Sob -lot the lessed prssdees amp
OW psrU m thermal, asoopt as ender the tons of this amtrast far the
purposes sat out, without the Consent of the ally is writing.
6. NO additions or alterations shall be made to the
promises without the consent of the City is writings and it is m0proSsly
agreed that all pirmommmt aiditims or alterations made by the lass"
Sbsil besose the property of the Char.
7. The Lessee agrass that they will tab goad care Of the
property and ib appurtsnamooss and surf" no waste. and shall " the
acid pradsos in gourd repair at their cam expun# and at the and or *that
s9pirstion or the two of thin lira%, shall "liver up tb demissi Prods"
in goad order and omtditiaa. as same ass now in. mtmvl wear and tsar
and damp fres t he slants cm ly amespted.
8. Me lssaea across to pow for all utilities used at the
premise leaned by thou
9. it is further understood and agreed that the ri&t or
IMWPW end *great is raaarred b the Lessor (the 4117) hamnity f* the
w at 1*9 saga" "s sad tlr Vzoral pwb1le,r to anew tutor to r an-
VAN $ fer she pnepeg► of Visiting the ®tides of the Au7wt ammor :Ma
the emt al, toes:.
l0. sa. 411 reserves the right to g&tw the odd promises
at saw time dwyag tba GaUtYaw or this ire for the P of u0pating
the seas 16 order to determine tahethor the tern of aid Ieses era baisg
cbeeraed and carried cat.
ll. The atw of the aprons aleeg saes aides adshowma to
hid hampyer iaalndol is tbs totes of taaa ]sw shall net has, MV An-
StallAUqW. e91 iprtat or Rash plawd tbAMM of a Paraaseat aahu+ ►
- mmr ad' each a mature a to imbuftre with the posnge wet sa4 areas at
Peisoas► aireratt or whiolsS haeigg the right to Use the theiiities of
�' P1ald.
M The priess charged for to ings acid em the pranRess by
"s Tassase shall at all times be reaeamahly sad net ebitsmd► mod aea-
psaatle with prigs: oh#agad ter the same arbiclas at similar plasma, in
the amw at carpus Christi.
$3. MW lwases agrees to take goad earn at all movable
0qu4 a fiatmw asd PrbprY Of any she► fu aishgd by the di*# ad
Will kwP gams is good repair at their men ampasa► and at the sapirettee,
et tbs dean at t!m lease Per may aen»► shall deliver to the ai$p all of
suck movable equipment, ft0krea. and all prol—W at aqr aatare► in geed
erdsr mad condition, as sum is sae in► reasonable sago and team only as-
osPUC !ha losses farther agrese, to be rospomeible fee. mey of sash ■saab]a
aw4Pagatr fixter" and preparw, we in arremt same :w a part thcrest L
last► stslaa er dsatr% wed, Leases is t'e raplaae said PraPWW& is its sag
atata,an' caaditien► w eaum WAS in wba tu%Od Sorer to Lasses. An.iaeambq
of all personal preperts s and oquipmewt tmrasebed by the aitr to posses
U is be 10660 at a later data and sigmed by passes sad the Airpawt merger
" rw idea City, some to 80 out a dmriptien of the property MA
and t0m, oaaditiea of aaab, it being momarsteed a aw of sans is to be
stbadW to thin leans agreement and Is to become a park thenrMt tar 4311
- partisan purpose*.
llr. Leowa Soetber .goon that he and all his GIqIapses"
,bail *bids by all rules and rogrla#lamr se amt out by the Airport Xm"w
and the My of Corpus Chriotis end the amid amployeas shall r'saain an this
premises of the Lasses at all times. wigs their offiodal doors re%AM
*thsrdsr. and trmt tbmy will tats ally the toilets and machrraw designed
for the laws" and Ka wplap•w.
]5. floe Lsmase shall amt per44 Volt. 'riaaas or 01600116
in the dsmdsod prndsmal and will net permit smoking is sop'
plane +bas+ such would be a tiro hasard and will at all Eisen UWAV *50
_ 800hine sigts d— "sign— by the argor$ Manager or CiiX Fire De-
porosmsbs Lseaaa igrthar agars to Paint. dopos Mbar+ i&U*Mlh3o Materials,
•aka.: or awry nor now activity that bright be a fire haserd, only in them
plaaao 6"Ignated by tbo C11*1 Fire Marshal,
16. The Laease shall pemit aceoato m d foltill all the.
of the City of Corpus Christi &"Unable to amid praises. and
all orders and reqArammans imposed by the Board of Beelth, SasituY and
Palle* DOFU b m". tar the earreetioN4 provmtisa and abatement of
aadssmsea iao npwv or eosnsated adth amid prasds" during the tun Of
this Lase at their am expanse.
IT. Losses Partbor agrNS 'to keep owed maintain is tall
farce during the toasts of this losse liubilaty inanraoo pa111440 is the
am of 4= abAmood __-_ -- . {4iifyBflElj 4wa 000) Dollars
and property dsege is the sea or - MaeowmmrL(fiAsMai Sollars
to iffimsify and momma haraleas the City and the Unit" states Baoera0aat
sgai t4i any exposure. aialVS or demands for the death or inj9ey at algr
person or loos. dostrualSm or dm" to Ceoersmta6 property ***mimed
by the oporation of the leaned property for the use 914 01,04POSIV Of smmo.
mask psliaiaa shoal art santaft a Leo claim wMeh crtlt is
SAW ca the add div ar fhs >gottsd SW" of .
ld. Imo ar, ii is owwwbsd ad eve" tr aw
Partin birth that Ueir Uwe it t to Mo laasa trtaaed "a bolt"
spates of .,roils. rtprraw3tai W cha Olrf of tbo aaaaa or _era
Dicks. wLtas eadw aireaMan of the &Mwtwy of tie UV, ell Mo Ci%y
of Garpos on -Lou, paadttiaa thO m. of mdtad states saTe1 lavdllcry
Air Sbs� aid OW n" Carpaa Christi. sway or a pestiaa Moreef
.ad this us" is oaasiagaat as cash 1osso rrm the Q..n rat cad the
totew ,. tbareaf, ad all .rigtts of flee dosser hor"a air oddeft to the
sags of ..aid hies lice U& meted sbrbs off"Waas% ad it is. fw*Jw
apeasd that tbs Briar in aA %* bs U&MA is saw an"ar, for dowager of
my actors. for MW twe3Mtim of tbfs lean or a® aboopo of the
rigktd or the L-soe by .irtur of MW aotian ticae by 0. Baitrd gtates
of lswriea or Hoch agratc coder aforand d teen.
19. The Lame farther agrom that In aau of air W
fault is SAW of the oovraunts and ewditicas of tM& lain. ths' city 384
sores- the parfar3838ns -th~ is any aadsa ar swear prrridsd by law.
cad ryr daelare Us loan DOW It'" cat its disn»tiao. and it. its aparts
n atian'asy =ball hap the rid&, •itbrut farihn MwU" or 40MA a ie n._
motor and s'omV all p— t]rrehm, mobs* being dsowd pUAV of wW
aasen of trsapan and v Lum* pnjwam to aw randive Par w"wo or
rout or broach at ea7raact. or the City, its agents er attera17, s4 re,
OVM psae scion of the pndrss nd xw4at the aural fw the rowl"w of
U10 tam at for brat rant th17 3817 obtains for a oa%s . of the decoke* 166
abed aria go" gay &Ci*3oaeary tad tin ±rant (tss Bit77) chess hen a
Um as sccurity far the rant afw%sai4 or aW rant due and tepid MAW
Mid loan, upac ail goods. wares. obatbls. xupl.ewta. rigors. foiaLtwra.
tads and wwwr peraaoal propettq Wdeh are am lnabd as said prestns
sr ebtda 3817 bs placid oa salA praaf.aes by the Xaaass. whl" llaa shall
Lr oattltw at ttr rtr�sttasg ?;,em mwated by Tar ani isi #aii l�sbs.
206 Amd In the - fW say reason said Imam bebmem 00
Mlted of Arlsm and *6 My or Carpus Christi is tondusted to
NW ma®er ar in the avast sedd leoeed premiss we turned hat over to tin
meted States of , Us by the City of Corpse Ohriwt th+ot this lases is
to tetmlrmte as betoeu the parties hamto mad the City is not b be liable
iu aw ma mer fat dmsgga of saw aatare Per sash termiaetion of this lease
by virtue or the termination or the lust between the City and the tbiitsd
StOss or Amrriaa or by virtue of the msrremder or the lammed pates to
the United Stabse of America by the City of Oorpses Christi.
21. Tbts assaraot an d agrees oaamtiWm a merger of
all previous ooatractm Mild agreaerate or a>p end evemy astum ewletiag
against the City and TAps". mad it is agreed as other agrearatt, state-
most or pravisian relating to the rights of the lessee ether then u
awrtalmd ierain is effective..
M gotwithwlimdiag any prevision barest regarding the
term of this lamas it is agr»d that upon nisety (90) days arittma nodes
either the Lasser or the low" may tarminats this agreement upon the
dellrery of said notice in eampliamos with all the ahhrr provisions and
ehligatisws or Chia catUwt6 Upon the aWLfE1ttd4a of raid period of
RUWW - .(90) &We after such notice this lease Abell be deemed - terminated
Red of 30 further rare and effort.
CITY of COMW CERMI. Tun
i1T'PrpTt
Sri
ma As To Lm, nu
,l
ar ma f
0(ON" of tip
sue& 39e t1r 1*. m tun aw
el0j appe+rmd .OWN aeon, ksem i to rte to be tie peram rise rsee to
�mted tdaesemA Purpose ad eoruddmratL t� ==reamed.
s
4iVen Weiler IF hood and seal or aPflae this the 4p.
6
Csmsly. Texan
dTl op TRW
goorr Oi
•aesi7l oppear*1a$W. E. Usl� • MY �6ht�city of Oe
Ohtlatit taxae, know to me to be the perem wboo state ie subacribet
is the forage3xg imft m* and as]msslodged to m. that be exnmi+lL
Us Net far the gorpaaes =4 eoauidaratUR tmtreia apreeae4 is the
oapa6ltpr t9ereft stated and as She act and dee4 of said CiV.
Given NOW jW haa4 in 4 soma of affiea this tir . _ -
ss
ms's T
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 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
much ordinance or resolution shall be read at three several meetings of the
City Council, and the Mayor having declared that such public emergency end
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 end effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this ;_X day of .bu�..�i_y A. D.
1949-
City of Corpus Christi, Texas
eoretary
APPROVED AS TO LEGAL FORM:
ty 6 orney
Corpus Christi, Texas
nj" .2'1--' , 1949
TO THE L® ®E&4 OF TE CITY COUNCIL
Corpus Chriati, Texas
Gentlemen_
For the reasons set forth in the emergency clause of the fore-
going ordinance, a - public emergency and imperative necessity exist for
the e.penaion of the Charter rule or requirement that no ordinance or
resolution shall be passed finally on the date it is introduced, end
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.
&asps ZiLl'y
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
n
Sydney E. Herndon
George L. Lowman
The above ordinance was passed by the following vote:
Leslie Wasserman t411
Jack De Forrest
Barney R. H
Sydney E. Herndon
George L. Lowman
AV 39