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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; Z.8'7q teONMoempsamrgp 9/19/50(5) TU STITB OF Tz"S COUNTr OF NUB= 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 25 -7 q