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HomeMy WebLinkAbout02781 ORD - 05/23/1950tma�n�n� err 5/50 ( i� AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE A CONTRACT AND LEASE WITH GUY A. THOMPSON, TRR$TEE',SAN ANTONIO UVALDE ANDS, DEBTOR, (MISSOURI BY AND THR STRI" DEPELOPMENT, COVERING APPROXIMATELY 28,000 SQUARE FEET IN TWO PARCELS GENERALLY LOCATED IN THE VICINITY OF SAN RANKIN AND BELLY STREETS IN THE CITYOCHFUS CHRISTI, TEXAS, TO BE USED BY THE STREET DIVISION FOR THE STORING OF ASPHALT AND STREET MATERIALS AND FOR USE OF THE RAILROAD SPUR AT THE LOCATION OF THE LEASE, FOR THE CONSIDERATION OF $90 PER YEAR FOR TEE PERIOD OF ONE YEAR, UNDER THE TERMS AND CONDITIONS OF SAID LEASE WHICH IS TO SUPERSEDE THE EXISTING LEASING DATED MARCH 26, 1947, COVERING APPROXIMATELY 12,000 SQUARE FEET OF THE ABOVE PARCELS, A COPY OF SUCH LEASE BEING MADE A PART HEREOF AND ATTACH- ED HERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASr SECTION I. That the City Manager be and he is hereby authorized and directed to execute a lease with Guy A. Thompson, Trustee, San Antonio Uvalde and Gulf RR, Debtor, (Missouri Pacific RR Co.) acting by and through the Director of Industrial Development, covering approximately 28,000 square feet in two parcels generally located in the vicinity of San Rankin and Kelly Streets in the City of Corpus Christi, Texas, to be used by the Street Division for the storage of asphalt and street materials and for use of the railroad spur at the location of the lease, for the consideration of $90 per year for the period of one year, under the terms and conditions of said lease which is to supersede the existing lease dated March 26, 1947, covering approximately 12,000 square feet of the above parcels, a copy of such lease being made a part hereof and attached hereto, to -wits ��Bl 110.T ;EASE THIS AGREEMENT, executed in di plicate ftraW7 2 19 j . Witnesseth: . The - undersigned Carrier hereby lets, and the undersigned Lessee (aby of GOWXB egramoagn of tim `t"S cc Tam ), to be addressed at f3e�' Yom+ i hereby leases, on solely the herein expressed terms and conditions, for the term to begin withy - unless sooner concluded as herein provided to end with 19 �, and condition e omanu, r,eaid term as herein provided, the following described property, herein c$Iled Premises and located substantially ■wh@e�re �shown enclosed in ysl7,pr on Exhibit A attached hereto as part hereof, situate in ".12'�"�'_' Wages coney fi I" , to-wit; (Comity ar Pariah) (state) a'tgtis -,of Aftwnvum- ofi the gwIry its of BU Roun Soso Ifth us = 10123F *6937& ft ' p� 9 � +� 8aUy Strom at Xk� ,)"ArA Leo 41" tar a auto ate of Us male tree, a die - W, St adl , a ftstane of 2W fA to a p"j r, at M4311 aisl e, a die of 275 feet to a point In the SuathoW &, SFiaeatj - km i + t tar7,913ue p$ ,gam Bla9larL, a ate of 5E SO4 to 6*0" feet,, Mrs or loam• m at a P01a $13" S SWtb1 7 JIM Of $lam d CQnQ# GbXbtlo ! 440 , babig 7W.5 fact,.. at right a t as, UWQW3V 9ft a is oftwifm a of 042" !`tufts �!" &' t &Umg the 8cnt*rly Ste of &M >34a �i a dl of 15 bast b► a w2 r, at vi*t psi a difteme of 225 t"t to a 9"i i At sm�, a distemoe of 15 teat to a , at *#a 0%%", a � of 3z f"t to a p in the Swthelc r LIAO 08 0 $alyolc$eftt� , or the 'p" of beVA 00 eiZBSl�ffia. e,�eeO�a1; lessees and licensees, to maintain, operate end renew, on, beneath or above surface of Premises any,telephone, telegraph, power and signal lines and poles, tracks roadways, pipe lines, and facilities of like character, as now or as hereafter may be located; the Lessee hereby - releasing Carrier, its lessees and licensees, from all loss or damage which Lessee may sustain by reason thereof. . and for this 11bo Shce AO�t o$+lx ,es a It, gravel, oalloho, street mater - ta]s, ato,' x) ,,. yL,esse.0 shall pay, d Carri+egr+�shalll aceeA'� ifr equal install ments, each in advance, rental computed at rate o:'m.- "'a'_� +rw'�'+'!1.+Y1 - - _ . _ .. _ 11 saavpay- au -=as on zessee-arm eaY, for water and electricity used on Premisea anti- all assessments for street Wrinkling, eweeping and oiling. , U 319 =W=bW 44d SSMN that 1040 as by serf betW= QW A.. T"*Uep San , UMUS &GUt Rid.UVad y Dobtpr, +a qty of QWM QVISU 'arch), doIA4 tbla* 26, m, ei[1 wave oatow 4 xgi4 aomimg the eau of 32,x! square foob of 0>i Asr!s pt does in aerpa @hr3at3., ameg dmOtyr Toos,.-at a MW Of PAW 1 iWS � as a Haase toldby old and saps by the s> tt= of tda Of sd t hare=Of= an SdA' may oontro7. or �a the adjustleft or settIAMIA 2, Yf, by eaptess provision in para&raph 1 hereof, Ymssee ie pormitted to And shall use Premises for storage or hsp- dlin$ of petroleum or its products, or witthh written permission of Carrier store or handle on Premises any geode of an ex- plosive, dangerous or inflammable aetnre the lighting of Premises shall be bq electricity, at the cost of Lessee, and Lessee,' at Lessee's coat, shall complq with all Flederal, State and Muaicipa1 orders, reg¢latioae and ordinances, and with all rega- lations and recommendations Ptom time to time prescrIhed or Pnbliahed by any public authority having inrisdiction, by the National Board oP Fire Underwriters or any bureau or board exercising similar functions, or by the Carrier relating to the loading, unloading storage and handling thereof and the installation, maiatenanee or use of any elecirlc lighting equipment or appliances, or oP any safeguard or safety device, and o4 any loading or unloading appaxatne and an pipe lice provided by Lessee on Carrier's adjacent ]ands with the consent of Carrier's 9¢perlatendent, Por use in loading or unloading said petroleum and its ptodnete and any inflammable liquids into or from any Yank car. 2 pages —page 1 Farm 110 -T B. Laeaee agieeat (p) to keen Promises and all buildings and atraotmee therm t. a ocnditl ®. and panted whenever rKolred In a Wlm. satfetmtory to Carrlar - and tfl�preveat ea well as refrain from (let) the cummlttieg of say .Wawful Rot an mda reapest to Proud— and (End) the creation ar malutecoam of acv obstruction, at a height lees than .y ! twenty --- feet, above the top of the halls, or at a dlcb— lees, them Ma w w eight and one-half feet f cdn the center-line, of a" track to dpi on or a1f. —nt to Premixes (e�pti min— cremate between env loading platform and rmmt —Han of nav Industry track may be al► a seven feet role® pmhiblied by competent Public amharlty). and to IndenmFPy and hold harmless the (larder against any a® which Carrier muv be rpgolrai to pay a the we,, of damages, face, penalties. Weta. atmrney'e fees and other 'eapenees by reaean of I_.. fWluro to ob_. the cearenrea as hernia provided; (b) to waive all right to que9Gom the validity of this lease a say of the terms or movbdand hcrmf, or the right w power of tae Carder fti execute and enforce the muse, and to waive all right to claim damages In the event the Leases shall lm nievted firm or repntred' to surrender, pm me aI- of the Premises by reason o1 the failure of title of Carries, or far ether canes; (a) to raids all shipments to and from Premises. the ra.thag whereof may be controlled W L wa . over Carriers lines of railroad and Its _ meie'red aonaeeW"' whenever the rat® charged fur tranxpmttng any of such shipments do act exceed the rates eP.1kc is over say ether mote or rest® by rail : (d) to asxome all dais of lase, Injm9 or damage of any kind or nature to any building ar other .truce or appurtannumn thereto, belcb*ng m. Laeees, or to othea. which may be now or, hereafter placed on Premises, and all rleim of lose. In,Juiles or damages of my kind or nature to the mutsum Of mob buildings, er atrnaterea a to any go.". inuit,andise, eha le, or any other proper-ty now ar that may Lereixiter be nPan 'Promises' whehe 6elan91n9 to Y.eaeW or to .tb-% when each loos, Wary or damage reunite from fire or flood, whether the same be mmaed by the .oegLgem4e of Carder. its agents. servants or ompleyce, or otherwise, and to pmt eat• Indemnify and sum barmlesa the Carrier from all sauna or demmde ur at or eatiom growing out of ao9 mob lose 1nNry or damage; (a) to save and keep ha®l— the Carne, from an coup growing at of iris ddesit of I— here ®da,; (f) to ladaimify ,-0 hold harmless Carrie against all claims demands, ae ts''or actions arleina out of IIWary to ar death of any Person, or lop o! er damage to any, Property. while on or 'about Promisee, when each Inlay; death, Icas ''or damage results from say de, or antimlca of Leame, ar of Lessee'. agents.: servants' or ®playas i and if my clad. or liability due to some other could than the or Coca. .ball result from, the Joint. m• e erring negligence of both' parliks buret. It shall be burns, by them equally; and (g) to o—.tis remove- any, line, flle(1 m .any premises or Improvements of Caller on a ® ®t of any, work done. labor performed W mebmlale furnished der bt an account of Lessee and, falling W to 'do. Carrie may pay _the- amamt of mob Has or dlecmrge the same by depoatt•,. aid the . amount W paid or dep.slted shall be deemed additional rent hereunder and payable with Interest from the date of -cash payment or dey®IL L, ` T.F. hereof shall be &.cud' terminated by (a)' Lessee fefline for i y. ' �• tap days to ems default s4,tat ws4tlen'natim thereof.' (b) Leaeee'a non -Weer of Pro" for say ''xM: - elm Wneeoutive' months or (a) Garner, at our time daring term beenf w 1Asece. e.hscgnnet to aforesaid 'diked tem; mmIng at leapt aFF �: �- Hhlrts deer' written notlee of such being the Intention. Any notice of Carlo, ehdp: 1» deemed curved when per. on'Prparleea -oc -when aapov4a i. U. e. map addressed to Lem at the above emir®. Cerrler.le, herby gel - a'prior'and eaperlor, pas on Leaeee'a. bupdt.ga•' Improvomehtr• machinery. equfp.ent, 'trade flxtere, and- appm�mn ®a thmad (for eommotema' hartha ilter,'referred to as Leased. Pr.pertF),'lmated as Premieea. whether exempt or not from Is or a ..Wine and attachment. to secure the entl6featioa of all of Lessee'. liabilities under this lease said lien to be without impalommt of but in addktoa to any, right which Carrier may have o ffar.�s,:lsting laws. Lamse shell have the ,right to remove, on or before mmolualaa hew— 'of this lambs the Ieeeee. FropertF provided the Leesea. prior'tp amnmendag' mob Koval. ref li have � -Ifm an of 1 e '. llabllities to *a carder under this lease' If I— chap :fail to sati sfy said 114111, ties sits t-,­. remove I-mes. Property, the Leo- re's Freyerty. or -6 thereof es, -�stmll no be bF -Lessee W removed, mall by sad .become the Win property or the Carrier. Upen 'romocng any of I®ea'e Prop ty. the Lessee asap recters I imus s; to relative), t7refr -Woel WndM— Thin lease is mblep4 to mob orders and regulations of each and every department or bees n of any St ate, - Federal m Mmldtml government as may be epppaaWe froso lAme to time: U premises be In Sg1n 1 ,, term hirerd shall not extend beyond a period of five stare and may be terminated at ana than by the -:: Indio Commerce Com..a --loo If, In Its dpWon, public Interest or convordmee requires. This lease and all of its Ora dalons shall faire to m bled each party'.. hefre, logs) represmtRthu, .ucoesam'e and's®Igm I'P —Wed; tans of Premises eWI be enblat, and na right of 1W -bell be transferred or malgn4 slider.volgntarpy or tavolont.11Y,, extent by P.Priem agreement es, =table to Carrie. Carrier ar I— may waive say defrak at ens _ time of r the other without effecd . or Imnalclyg' my right 'ya.ifid.gdfrom. any eabseenmt default. A�-,� it i/y1R41F p m Beethin 77 of -,! the F�aptal, Act. approved March. 8, 1088. I. mad In prx' of r-rimTamiA and Is being operated by the undersigned Trades under JmimDddan of the Ualtad States District Court, Fastmv Division. Eastern District of Missouri. and, upon the dam that ownership or control of the tells, -d vroperty of said rap �+�' pany by said Trust. or his saeaexeor troctee or trustees, shall acme, Tide atReement shall lima facto turro late, mlere• pmauAat� w�f said court, mid agreemWt shall be ai=med In effect by the party soeasedlag to daub ownership it Control. Att.0 Secretary for Trustee Attest, '(Aftl>rSae7) —y 9earatmy - 00M WAX"It-O&F *Una III A. Grier an cp la Approved es, to Form Approved h Apprandi .. Aner.vedt General AG--. Chief Engineer Preizht Traffic Manager General Manager, - 2 pages —page 2 SECTION II. The necessity of obtaining additional needed area for storage and the use of the railroad spur in order that materials can be shipped in in carload lots to Save re-handling coste,by the saeoution of the aforesaid lease, creates a public emergency and imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the day it is intro- duced and that such ordinance or resolution shall be read at three several meetings of the City Council, andthe Mayor, hav- ing declared such emergency and necessity to exist, request- ing that said Charter rule be suspended and this ordinance be passed finally on the day it is introduced and take effect and be in full force and effect from and after its execution and passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, This the; 23rd day of May, A.D. 1950- j ESTa MAYOR The City of Corpus Christi, Texas City Seore APPROVED AS TO LEGAL FORM: city crney - Corpus Christi, Texas .190 TO THE MMERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency olause of the fore- going 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 meetings of the City 0buncill 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 Couaoil. Respectfully, /0 L 61 MAYOR City of Corpus Christi, JTexas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon �J g George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman Form 6537-TI � 1148 lm RESOLUT "BE IT RESOLVED, by the dttr 40w2di o of the Qf ty at , a nuddPa'ampmaum of the st4o of Taney tut said corporation's NOW be and he is hereby duly authorized and fully empowered to enter into and execute, for and in the name of said corporation, one certain wrWAm agreement, dated 20' 3, IM, betn = eadd carpWatfoa and Okay b " + — — _ �. r .., — - — — ., , herein called Carrier, respecting among certain things 2911 aquuw ftStl' awe, iis�sy job' 4Wgti"911 P`IldAM laoated in due dpiat3, yila M QaalttY, Tem, at a raaW Of 09440 -IM7 x © MG -1IAnit and aapeaead$ng ]cuss dated. gat h 26, 1947, aYfestars Oaf 10 1916, aU as more particularly ,set out in said agrsement, to which reference 9s made the same as if fully set out herein." I, - �tY s'e °f` said corperatiop, do hereby certify that the above an4 foM." g 79.$ t> ss,,cgBg e. Sao vtioe duly passed, approved and adopted, u bylaw pre,.aMbed, by and on be- half, of said corporation by, its �q� 65004 on ,19 , IN TESTIMONY WHEREOF, witness , . . my. seal and signature hereto affixed 19 r ■ aity ­f'r8'. I ", v, .�ioq r. q� y , 'j, 7 1., lllilk-t,.�tI,��,� 1�'� ", � 4 T 090 on Tot I;mpg t pp llot son ran A 7 r. . . . . . . . . . . . . 77 Ile Olt Vol ! 2Y Rat 1 Jul vow Wary; 1 Row! M no to 03:1'i, ^ y 1 lot 0 HBO" Y+ e ;�.,,rrS2P�t',l,a�uFY'A'i !1!,� {r.�.�'r. :1 1� p s,!,,:. :r:�� lui'a,�? ..:.Y�'r��!, I,.r' ?- ?". ,N. ')� .,i 1,4,;1.8° ' . 3�: .C�r' tl ..: t:� i, ':� _r.. ,. ' � i,.: �. xr • :'. �,,t...'.,� {..