HomeMy WebLinkAbout02879 ORD - 09/19/1950AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
FOR AND ON BEHALF OF Z E CITY OF CORPUS
CHRISTI TO EXECUTE A CONTRACT WITH WAYNE
WARD, Jr., FOR THE LEASE OF APPROXIMATELY
231 ACRES OF LAND AT CUDDIHY FIELD, NUECES
COUNTY, TEXAS, FOR AGRICULTURAL PURPOSES
FOR A PERIOD OF ONE YEAR FOR THE CONSIDERA-
TION OF 1/3 GROSS GRAIN YIELD AND 1A GROSS
COTTON YIELD AS HEREINAFTER SET OUT, UNDER
THE TERMS AND CONDITIONS SET FORTH IN SAID
CONTRACT, A COPY CF WHICH IS ATTACHED HERE-
TO AND MADE A PART HEREOF; 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
Qorpus Christi, Texas, be, and he is hereby, atthorized and
directed for and on behalf of the City to execute a contract
with Wayne Ward, Jr. of Corpus Christi, Texas, leasing to the
said Wayne Ward, Jr. certain land at Cuddihy Field to be used
for agricultural purposes only, a copy of said contract being
attached hereto and made a part hereof, and reads as follows,
to -wit;
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teONMoempsamrgp
9/19/50(5)
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This 1grooment, ride and entered into this the
day of September, A.D. 1954, by and between the City
of Corpus Christi, Taxes, a Wadelpal corporation, hereinafter
called "City' and Wayne, Ward., Jr, of Nuaces County, Texas, here-
inafter called sSublessamP,
IITA5SSNTHt
The City of Corpus Christi, Texas, does by
these presents lease and demise unto the said anyus Ward, Jre,
Sublessee, the following described promises, to -wit:
The land between and surrounding the runways,
concrete aprons and roadways at Cuddihy Field
in NuecesCounty, Texas, containing approximate-
lY 213 acres. The actual acreage shall be do-
tesmined by the measurment of that part of
Cuddihy Field which is tho.area upon which is
located the runways and which is unoccupied by
buildings and subtracting from said acreage
the acreage occupied by runways, conorsta aprons,
and roadways and the marginal lands thereof as
designated by the Airport Manager of the City
of Corpus y`hristi, Texas.
In than ewest such ]ands exceed 231 acres, the
rental shall be calculated upon the actual "re-
age so determined,
for the term of one year beginning September 1, 1950 and end-
ing August 31, 1950.
The Sublessee is to pay therefor as rental
ones- fourth (1A) gross yield of all cotton and cotton seed,
and one-third (1/3) gross yield of all {seed and other trope
raised upon such premises herein described during the tern of
this lease, which shall be delivered free of all cost at the
market of Corpus Christi, Texas. It is understood that when
the crops are harvested on the premises herein described that
Subleases will give notice to the Airport Manager of the City
that such crops are being harvested.
This lease is subject to the following sor,
ditions and covenants
1. It is understood and agreed that the leased
Promises are to be used for agricultural purposes only, and that
Promises are aot to be used for say other purposa than these
herein specified unless consented to by the City in writing.
2. It is further understood that Subleases
shall keep a true and accurate book of accounts regarding all
business matters pertaining to the above described cultivation
of the promises hereby leased, and such said books shall be
Open to inspection by the City, represented by the City manager
and/or its Airport manager.
3. It is especially understood and agreed
that the City mw at any time by written notice repossess all
or any part of the above leased premises for use as a airport
or in cormection with the operation of an airport, and it is
further understood and agreed that the City, in the event of
such repossessions shall be authorised after mailing such said
written notice by registered mail,to eater upon and take posses-
sion of such premises as described herein, or any portion of
such premises, and described in said notice. It is, further,
understood and agreed that Sublassssss damages in the event
Of such repossession shall be limited to the actual expenses
of Sublessor in putting said promses in shape for planting;
the labsrl seed, if agyl and tractor expenses, used in the
cultivation of said land and no damages shall be paid other
than those herein enumerated.
4Stassee agrees to pay for any and all damages
to any utility lines or equipment located on said land which msf
be incurred by his farming or agricultural operations or to rs-
place all of such lines injured or destroyed as a result of his
operations.
Sub
S. /Lessee agrees not to sub lst the b ssed
premises or any portion thereof without the consent of the City
in writing.
Sub
6* Ths/L,esses agrees that he will take good
care of the property and its appurtenances, and suffer no vasto,
and shall keep the said premises in good repair at his ova as-
pens*, and at the end or other expiration of the tern of this
leaso, shall deliver u} the dmisod prod on in good order and
condition, as sane are now in, natural wear and tear and damage
from the element* only excepted.
7. The Sublessee agrees to pay for all
utilities used at the promises lamed by him.
8. The City reserves the right to enter the
said promises at any time during the existence of this lease
for the purpose of inspecting the same in order to determine
wbother the terms of said lease are being observed and carried
out*
9. Sublessee agrees not to use said promises
for any illegal or immoral purposes and agrees to oon£ors to
all of the laws of the State, the United States, and all rales
set out by the City Manager of the City of Corpus Christi, Texas,
for the operation of the leased prises.
10. The Sublessee shall not permit malt, vinous
or alcoholic beverages in the demised premisssj and will not per-
mit smoking in any place where such would be a fire hasard and
will at all times display "Uo Smoking" signs where designated
by the Airport Manager or City Fire Department.
11. the Sublessee shall promptly execute
and fulfill all the ordinances of the City of Corpus Christi ap-
plicable to said presiap , and all orders and rsquireme�ts im-
posed by the Board of Health, Sanitary and Police Deparbsenta,
i
for theeorreetion, prev4Iution and abatement of ssisane in,
I
upon, or connected with aid premises during the term b' this
lease at his own expsns
12. The Subleases is to have the option to
renes this lease at the expiration of said lease for such terms
and considerations as sap be agreed upon by the City, it be-
ing understood that this option is subject to and contingent
upon theterma and conditions as set out in said lease from the
United States of America to the City under which the City is
operating Cuddihy Field.
13. Sublessee 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 per 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 !, erefrom, 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 room* possession of the
premises and rep -let the same for the remainder of the term at
the best rent it say obtain, for the account of the Subleases
herein, who shall make good any deficianeyj and the City shall
have a lien as security for the rental aforesaid, or any rent
due and unpaid under said lease, upon all amps, geode, wares,
chattels, implements, fixtures, furniture. tools, and other
personal property which are now locatedon said premises or which
may be placed on said promises by said Subleases, which lien
shall be cumulative of the statutory lien created by law and
in addition thereto.
14* The 9thlossee 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 Losses shall at all timba use the premises in such a manner
as not to endanger the pro Pl a tr leased.
15. �Jlsssoi agrees that in the event that
I�
1
II
death or injury occurs to say person or less, destruction or
damage ",curs to aw property in connection with the maintenr
anga, operations or repair of the leased premises and the
facilities covered hereunder, occasioned by the act or oais-
sions'of the Sublessee herein,his agents or employees, the
Su4ftsea agrees to indemnify and save harmless 'tie City from
Against any loss, expense, claims or demands to which the
City may be subj:ct as the result of such demands, loss, des.
trbction or damage.
"j 16. The City shall not be responsible for
i
damages to property or
J ;' Ij injury to persons which may arias inci—
dent to the exercise of the rights and privileges herein grant.,
ad.
/ I 17. It is aspress]y understood and agreed
by the parties hereto, that this lease is subject to a lease
<1
by the United States of America to the City of Corpus Christi,
/1
Texas, permitting the use of U. S. Naval Auxiliary Air Statim,
Cuddihy Field , Co rpvs Christi , Buecaa Cvunt ys Texas ,
or a
i
Portion thereof, thereby, and said lease is contingent on
such lease with the United States of America and the terms
thereof, and all rights of the Lessee are subject to the terse
Of said lease with the United States of America, and it is
further agreed that the City is not to be liable, in axes manner
for damages of aqy nature, for say termination of this lease
or changes of the rights of the Sublessee, by virtue of asy action
taken by the United States of America or their agents by virtue
of aforesaid lease,
Aub
18. /Lasses further agrees to keep and main..
tain in full force during the term of this lease and in companies
acceptable to the Cityg Liability insurance policies with limits
for Bodily Injury of
Dollars and limits for Property Damage of
Dollars. Such policies shall specifically insure the oblige-
(
Lion undertaken in Paragraph 3$ hereof and shall not contain
a subrogation clause which could in wW oaf'` encumber the said
City or the United Stag of Ameriowa.
19. It is further understood and agreed
that should the lease held by the City from the United Status
of America, covering the property hereby subleased, be terain-
ated or surrendered by the City back to the United States of
America, then, in such even, 'his lease shall terminate and
the City is not to be liable, in any manner for damagesof W
nature by reason of the City's surrender of its lease to the
United States of America or the termination of same. However,
it is understood and agreed that '.,Liars is to be no manner of
liability on the part of the City for the termination of this
lease for such reason*
20. This contract contains provisions agreed
upon by the parties hereto and displaces all previ us verbal
or oral, agreements.
EXECUTED IN THIMMATE, This the day
of A.D. 1950.
ATTEST:
y 38crotary
AFFROVED AS ',0 LEGAL ONKs
r
THE STATE OF TEXAS
COUNTY OF NURCES
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
�$$E3
W& M, r.
BErCRE 99, the undersigned aw.hority, on this
day personally appeared Way" beard, Jr., known to ms to be the
person ihoss name is subscribed to the foregoing instruaemt and
acknowledged to as that he e*scuted the some for the purposes
and consideration therein'expressed.
GIM UWW4 MY HAND AND SEAL OF oIr CM, This
the day of September, A.D. 1950.
NOT= PUBLIC in and uscas
County, Tex"
l
TBB STATA OF TEUS
Corr of NUICYS
BBFORB ME, The undersigned authority, on
this day personally appeared N. B. Collier, City Manager of
the City of Corpus Christi, Texas, laagw to as to be the per-
son whose name is subscribed to the foregoing instrument and
acknowledged to se that he executed the same for the purposes
and consideration tlaeriia expressed, in the capacity therein
stated and as the act and deed of said City.
OIM UNM Kr HAND AHD SM OF OFFICE, This
the day of September, A. D. 195%
NOTAHr iUBLIC in and for kusces County,
Tesae
SECTION 20 The necessity for deriving revenue
from the herein described lands creates a public emergency
and a 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 resolution shall be read at three several meet-
ings of the City Councils and the Mayor having declared such
emergency and necessity to exists having requested the sus-
pension of the Charter rule above mentioned and that 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 passages IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, This the 19th day of Septem-
bers A.D. 1950,
MAYOR
The City of Corpus Christi, Texas
Ts
City Secre ary
APPROVED AS TO LEGAL FORM:
Adis an Ci At rno ey
C pus Christi, Texas
, 1950
TO THE "1MMERS OF THE CITY COUNCIL
Corpus Christi, 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 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 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.
Respectfully,
YAYOR
City of Corpus Christi, Texas
The Charter rule vas suspended by the follrnving vote:
Leslie Wasserman
Jack DeForrest�`�'
Barney Cott
Sydney E. Herndont�
George L. Lowman
The above ordinance was passed by the
follotring vote:
Leslie h4-assenaau
Jack ]JeForrest
n "
Barney Cott
Sydney E. Herndon
w.y�
George L. Lowman
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