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Home My WebLink About03207 ORD - 02/13/1952J'02 a7 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT WITH BILLY PUGH IN CONNECTION WITH SERVICES AND BUSINESS TO BE OPERATED BY LESSEE, PROVIDING FOR A RENTAL, ALL ACCORDING TO -RiE TERMS, PRO- VISIONS AND CONDITIONS CONTAINED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO 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 BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT WITH BILLY PUGH IN CONNECTION WITH SERVICES AND BUSINESS TO BE OPERATED BY LESSEE, FOR A TERM BEGINNING MARCH 1, 1952, AND ENDING MARCH 1, 1957, FORA RENTAL OF THIRTY DOLLARS ($30.00) PER MONTH, ALL ACCORDING TO THE PROVISIONS AND CONDITIONS CON- TAINED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, READING AS FOLLOWS: A CONTRACT & LEASE AGREEMENT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF •NUECES j THIS CONTRACT AND LEASE AGREEMENT MADE AND ENTERED INTO THIS 9TH DAY OF FEBRUARY, 1952, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION ACTING THROUGH ITS DULY AUTHORIZED CITY MANAGER, W. B. COLLIER, HEREINAFTER CALLED THE CITY, AND BILLY PUGH OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED LESSEE. W I T N E S S E T H: THAT FOR AND IN CONSIDERATION OF THE LANDS HEREIN PRO- VIDED AND THE AGREEMENT HEREIN STATED AND SUBJECT TO THE PROVISIONS HEREOF, THE CITY DOES HEREBY LEASE TO LESSEE THE FOLLOWING DESCRIBED LAND AND PREMISES: A PORTION OF THE L -HEAD PROPERTY SITUATED EAST OF SHORELINE DRIVE AND BEING A PART OF THE NORTH OF SAID L -HEAD ADJACENT TO THE SEAWALL AND BEING APPROXIMATELY 701 X 801, IN THE CITY OF CORPUS CHRISTI, TEXAS, I THE RENTAL FOR SAID IPRbP£RTl SHALL Be THIRTY DOLLARS ($30.00) PER MONTH, PAYABLE ON OR BEFORE THE FIRST DAY OF EACH MONTH IN ADVANCE. it THE TERM OF THIS LEASE SHALL BE FIVE (5) YEARS, BEGINNIING MARCH 1, 1952, AND ENDING FEBRUARY 28, 1957. III THE LESSEE SMALL BE PERMITTED TO ERECT IMPROVEMENTS ON SAID PREMISES WHICH IMPROVEMENTS SHALL BE IN DESIGN AND QUALITY FOR KEEPING WITH THE BAYFRONT AREA AND THE PLANS AND SPECIFICATIONS SHALL BE SUB- MITTED TO THE DIRECTOR OF PUBLIC WORKS AND HIS APPROVAL OBTAINED BEFORE CONSTRUCTION, IT J3 CONTEMPLATED BY THE PARTIES THAT SAID BUILDING SHALL BE USED IN CONNECTION WITH THE SERVICES AND SU31NESS OPERATED BY LESSEE UNDER THE TERMS OF THE CONTRACT DATED OCTOBER 93 1951, BETWEEN LESSEE AND THE CITY OF CORPUS CHRISTI, AND THE USES TO BE MADE OF SAID PREMISES SHALL BE ONLY THE USES STATED IN SAID CON- TRACT DATED OCTOBER 9, 1951, AND SHOULD SAID CONTRACT BE CANCELLED OR TERMINATED FOR ANY CAUSE, THIS LEASE SHALL AUTOMATICALLY TERMINATE AND THE CITY OF CORPUS CHRISTI SHALL HAVE THE RIGHT TO RESUME POSSESSION OF SAID PREMISES AND THROUGH ITS AGENTS, SERVANTS OR EMPLOYEES TO EJECT ALL PERSONS THEREFROM WITHOUT BEING LIABLE TO DAMAGES TO PERSONS BY REASON OF SUCH RESUMPTION OF POSSESSION. LESSEE SHALL KEEP SAID PREMISES IN A CLEAN AND NEAT CONDITION AND SHALL RESTORE THE SAME TO THE CITY OF CORPUS CHRISTI AT THE END OR TERMINATION OF THIS LEASE, AS IN GOOD CONDITION AS WAS RECEIVED. UPON SUCH TERMINATION, LESSEE MAY AT HIS OWN EXPENSE REMOVE IMPROVEMENTS PLACED ON SAID PREMISES BY HIM. IV LESSEE SHALL PROVIDE SUITABLE SIGNS INDICATING THAT THE PREMISES ARE OPERATED BY LESSEE AT HIS OWN BUSINESS AND THE CITY OF CORPUS CHRISTI DOES NOT OPERATE THE SAME. LESSEE AGREES THAT IN THE OPERATION AND USES OF :,f.t SAID PREMISES HE WILL OPERATE THE SAME IN ACCORDANCE WITH ALL THE LAWS OF THE UNITED STATES, STATE OF TEXAS AND THE ORDINANCES OF. THE CITY OF CORPUS CHRISTI, AND SHALL CARRY PUBLIC LIABILITY INSURANCE COVERING THE OPERATION OF THE PREMISES AND HOLD THE CITY OF CORPUS CHRISTI HARMLESS FOR ANY HURT, INJURY OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY LESSEES USE OF OR OPERATION ON THE PREMISES. V THE RENTALS HEREIN PROVIDED SHALL BE EXCLUSIVE OF AND IN ADDITION TO THE THREE PERCENT (3%) GROSS RECEIPTS AGREED TO BE PAID TO THE CITY OF CORPUS CHRISTI IN SAID CONTRACT OF OCTOBER 91 1951. VI IT IS UNDERSTOOD AND AGREED THAT THIS CONTRACT IS NOT ASSIGNABLE IN WHOLE OR IN PART AND LESSEE SMALL HAVE NO RIGHT OR AUTHORITY TO SUBLET THE PREMISES OR ANY PART THEREOF, AND ANY ATTEMPT TO DO SO WILL BE GROUNDS FOR TERMINATION OF THIS LEASE BY THE CITY. W17NESSETH THE HANDS OF THE PARTtES HERETO THIS THE DAY OF A. D. 1952. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY: W. S. COLLIER, C17Y MANAGER C. W. VETTER$, CITY SECRETARY APPROVED AS TO LEGAL FORM: SECOND PARTY: I. M. SINGER, CITY ATTORNEY BILLY PtfGH SECTION 2: THAT THE NECESSITY FOR DERIVING REVENUE FOR THE UPKEEP OF BAY FRONT IMPROVEMENTS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE - READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THEAY O C�jL/t( A. D. 1952. MA OR THE CITY OF CORPUS CHRISTI, TEXAS ' ST: SiNI� CITY SECRETARY APPROVED AS LEGAL FORM: CITY TTO NEY Corpus Christi, Texas �-3 19SZ TO THE MEMBERS OF THE CITY COUNCIL P Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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. Respectfu y, MA OR City of Corpus Christi, Texas x., The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest C.irf� V Sydney E. Herndon ° George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon George L, Lowman ' Frank E. Williamson