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HomeMy WebLinkAbout03233 ORD - 04/01/1952oz, AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI FOR AND ON BEHALF OF THE CITY TO EXECUTE A CONTRACT WITH TAYLOR REFINING COMPANY RELATIVE TO THE USE OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF HANGER NO. 653, CUDDIHY FIELD, NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, FOR A PERIOD OF ONE (1) YEAR BEGINNING THE FIRST (1ST) DAY OF . APRIL, 1952, AND ENDING MARCH 30, 1953, UNDER TERMS AND CONDITIONS OF THAT CERTAIN CONTRACT, A COPY OF WHICH IS ATTACHED AND MADE A PART OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. NOW THEREFORE, 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 TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CONTRACT WITH TAYLOR REFINING COMPANY RELATIVE TO THE USE OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF HANGER No. 653, CUDDIHY FIELD, NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, FOR A PERIOD OF ONE YEAR,BEGINNING THE FIRST (1ST) DAY OF APRIL, 1952, AND ENDING THE 30TH DAY OF MARCH, 1953, UNDER THE TERMS AND CONDITIONS OF THAT CERTAIN CONTRACT BETWEEN SAID PARTIES, A COPY OF WHICH IS ATTACHED AND MADE A PART OF THIS ORDINANCE. SECTION 2: THE FACT THAT IMMEDIATE REVENUE WILL BE DERIVED BY THE EXECUTION OF THIS CONTRACT 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 THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY 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 THE l= DAY OF , A. D. 1952. A�EST: flHETY OF C PUS CHRISTI, TEXAS CITY SECRETARY APPROVED AST LEGAL FORM: CITY A`TTOR EY THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT MADE AND ENTERED INTO THIS __ DAY OF MARCH, A. D. 1952, BY AND BETWEEN THE CITY OF CORPUS CHRISTI* TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY" AND TAYLOR F'.EFiHiNG COMPANY, A TEXAS CORPORATION, WITH PRINCIPAL OFFICES AT TAYLOR, , WILLIAMSON COUNTY, TEXAS, HEREI14AFTER CALLED OLESS£E,41, W I T N 4 S S E T H: THS CITY OF CORPUS CHRISTI, TEXAS DOES BY THESE PRESENTS LEASE AND DENISE UNTO THE SAID TAYLOR REFINING COMPANY, LESSEC, THE FOLLOWING DESCRIBED PREMISES LYING AND BEING SITUATED IN NU£CES COUNTY, TEXAS, TO -WIT: THE NoRTHwEST ONE - QUARTER (W/4) OF HANGER NO. 653, CUDDiHY FiELO, NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, FOR THE TERM OF ONE (1) YEAR, SAID LEASE DCGiNNING THE 1ST DAY OF APRIL, 1952 AND ENDING THE 30TH DAY OF MARCH, 1953, UNLESS EXTENDED AG HCREINAFTER PROVIDED; THE LESSEE 15 TO PAY THEREFOR THE SUM OF TWELVE HUNDRED ($1,200.00) DOLLARS FOR THE TERM OF THIS LEASE, SAME TO BE PAID IN MONTHLY INSTALLMENTS OF ONE HUNDRED 0100.00) DOLLARS PER MONTH, SAID MONTHLY INSTALLMENTS TO RE PAID EACH MONTH IN ADVANCE, THE FIRST TO BE PAID ON THE FIRST EFFECTIVE DATE OF THIS LEASE AND A LIKE INSTALLMENT ON THE FIRST DAY OF EACH SUCCEEDING MONTH THEREAFTER DURING THE TERM OF SAID LEASE$ SUBJECT TO THE FOLLOWING CONDITIONS AND COVENANTS. 1. THAT THE LESSEE SHALL PAT THE RENT IN ADVANCE AS AFORESAID, AS THE SAME SHALL FALL DUE. 2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE USED FOR THE FOLLOWING PURPOSES ONLY, TO »WIT¢ STORING AIRPLANES, AIRPLANE PARTS, TOOLS AND EQUIPMENT AND MAINTAINING AND REPAIRING AIRPLANES. SAID PREHISE,S ARE NOT TO BE USED FOR ANY OTHER PURPOSE THAN THESE HCREIN SPECIFIED WITHOUT THE CONSENT OF THE CITY IN WRITING. 30 LESSEE AGREES HOT TO SU8 —LET THE LEASED PREMISES OR ANY PORTION THEREOF, OR PERMIT THE USE THEREOF OY ANY INDEPENDENT CONTRACTOR# EXCEPT WITH THE WRITTEN CONSENT OF THE CITY AND UPON SUCH CONSENT 6EIR0 GIVEN THE LESSEE AGREES TO PAY THE CITY 10% OF THE GROSS AMOUNT RCC£IVED FROM SUCH 8004EASE OR PERMISSIVE USE IN ADDITION TO THE OTHER RENTAL HEREIN PROVIDED. 4. NO ADDITIONS OR ALTERATIONS SHALL BE MADE TO THE PREMISES WITHOUT THE CONSENT OF THE CITY IN WRITING; AND ANY AND ALL IMPROVEACNTS PLACED ON SAID PREMISES WHICH ARE MOVABLE MAY BE MOVED 8Y THE LESSEC AT THE EXPIRATION OF T1415 LEASES SUBJECT TO PARAGRAPH NUMBERED 8 HEREOF. g. THE LESSEE AGREES THAT 4T:-WILL TAKE GOOD CARE OF THE PROPERTY AND ITS APPURTCHANCESg AND SUFFER NO WASTE, AND SHALL KEEP THE SAID PREMISES IN 0000 REPAIR AT iTS OWN EXPCNSEs AND AT THE END OR OTHER EXPIRATION OF THE TERM OF THIS LEASE, SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND CONDITION, AS SAME ARE NOW IN, NATURAL WEAR ANO TEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. G. TfIE LESSEE AGREES TO PAY FOR ALL UTILIT /ES USED AT THE PREMISES LEASED BY 17. 7. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME iN ORDER TO OETER14INE WHETHER THE TERMS OF SAID LEASE ARE BEING OBSERVED AND CARRIED OUT,. 0. THE LESSEE AGREES TO TAKE GOOD CARE OF ALL MOVABLE EQUIPMENT# FIXTURES AND PROPERTY OF ANY NATURE, FURNISHED BY THE CITY, AND WILL KEEP SANE IN 0000 REPAIR AT ITS OWN EXPENSE, AND AT THE EXPIRATION OF THE TERM OF THE LEASE FOR ANY CAUSE# SHALL DELIVER TO THE (;fly ALL OF SUCH MOVABLE EQUIPMENT, FIXTURES AND ALL PROPERTY OF ANY NATURE* IN GOOD ORDER AND CONDITION, AS SAME IS NOW IN, REASONABLE WEAR AND TEAR ONLY EXCEPTED. THE LESSEE FURTHER AGREES TO BE RESPONSIBLE FOR ANY OF SUCH MOVABLE EQUIPMENT #.FIXTURES AND PROPERTY# AND IN EVENT SAME OR A PART THEREOF IS LOST, STOLEN OR DESTROYED, LESSEE IS TO REPLACE SAID PROPERTY, IN ITS SAME STATE AND CONDITION, -2- AS SAME WAS IN WHEN TURNED OVER TO LESSEE. AN INVENTORY OF ALL PERSONAL PROPERTIES AND EQUIPMENT FURNISHED BY THE CITY TO LESSEE IS TO BE SIGNED BY LESSEE AND THE AIRPORT MANAGER FOR THE CITY, SAME TO SET OUT A DCSCRIPTION OF THE PROPERTY AND EQUIPMENT AND THE CONDITION OF SUCH, IT BEING UNDERSTOOD A COPY OF SAME IS TO BE PLACED ON FILE IN THE AIRPORT MANAGERIS OFFICE AND WILL BECOME A PART Of IRIS LEASE AGREEMENT FOR ALL PERTINENT PURPOSES. g'. LESSEE AGREES NOT TO USE SAID' PREMISES FOR ANY ILLEGAL OR IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS Of THE STATE, THE UNITED STATES, CITY ORDINANCESS AND ALL RULES SET OUT BY THE CITY NIANAGER OF THE CITY OF CORPUS CHRIST!, TEXAS, FOR THE OPERATION OF THE LEASED PREMISESS AND WILL ABIDE BY ALL RULES AND REGULATIONS AS SET OUT BY THE AIRPORT MANAGER. 10. THE LESSEE SHALL NOT PER141•T MALT, VINOUS OR ALCOHOLIC BEVERAGES IN THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE SUCH WOULD DE A FIRE HAZARD AMD WILL AT ALL TIMES DISPLAY "NO SMOKING, SIGNS WHERE DESIGNATED BY THE AIRPORT MANAGER OR CITY FIRE DEPARTMENT; LESSEE FURTHER AGREES TO PAINT, DOPE, STORE 114FLARNABLE MATERIALS, WELD, OR CARRY ON ANY ACTIVITY THAT MIGHT BE A FIRE HAZARD, ONLY IN THOSE PLACES DESIGNATED BY THE CITY FIRE MARSHAL. 11. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISESS AND ALL ORDERS AND REQUIREMENT$ IMPOSED BY THE 80ARD OF HEALTH, SANITARY, FIRE AND POLICE DEPARTMEMTS, FOR THE CORRECTION, PREVENTION AND ABATEMENT Of NUISANCES AND/OR HAZARDS INS UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT ITS OWN EXPENSE. 12. LESSEE IS TO HAVE THE OPTION TO RENEW THIS LEASE AT THE EXPIRATION HEREOF FOR SUCH TERMS AND CONSIDERATIONS AS MAY BE AGREED UPON BY THE CITY. 13. THE LESSEE 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 LESSEE SHALL AT ALL TIMES USE THE PREMISES IN SUCH A MANNER AS NOT TO ENDANGER THE PROPERTY LEASED. 14. LESSEE AGREES THAT IN THE EVERT THAT DEATH OR INJURY OCCURS TO ANY PERSON OR LOSS, DESTRUCTION OR OAMAOE OCCURS TO ANY PROPERTY IN CONNECTION WITH THE MAiNTENANCE, OPERATIONS OR REPAIR Of THE LEASED PACHISES AND Tilt FACILITIES COVERED H£REUNOER, OCCASIONED BY THE ACV OR OMISSION$ OF THE Lessee, ITS AOEMTS 00 EMPLOYEES, THE LESSEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY FROM AND AGAINST ANY LOSS, EXPENSE, CLAIMS OR DEMANDS TO WHICH THE CITY MAY Be SUBJECT AS THE RESULT OF SUCH DEMANDS, LOSS, DESTRUCTION OR DAMAGE. 15. LESSEE FURTHER AGREES TO KCEP AND MAINTAIN IN FULL FORCE AND KEEP CONTINUOUSLY ON FILE IN THE OFFICC OF THE AIRPORT ihANAGER DURING THE TERM$ OF THIS LEASE LIABILITY INSURANCE POLICIES IN THE SUM Of ONE HUNDRED 7NOU$AND ($100,000.170) DOLLARS AND PROPERTY DAMAGE in TH£ SUN OF FIFTY THOUSAND ($50,000.00) DOLLARS TO INDEMNIFY AND SAVE HARMLESS THE CITY AND THE UNITED STATES GOVERNMENT AGAINST ANY EXPENSE, CLAIMS OR DEMANDS FOR THE DEATH OR INJURY OF ANY PERSON'OR LOSS, DESTRUCTION OR DAMAGE TO GOVERNMENT PROPERTY OCCASIONED BY THE OPERATION OF THE LEASED PROPERTY FOR THE U$E AND OCCUPANCY Of SAME, WHICH POLICIES SHALL NOT CONTAIN A SUSOOGATION CLAUSE WHICH COULD IN ANY WAY ENCUMBER THE SAID CITY OR THE UNITED STATES OF AMERICA. 16. HOWEVER, IT 15 EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THIS LEASE IS SUBJECT TO THE LEASE BETWEEN THE UNITED STATES Of AMERICA, REPRESENTED BY THE CHIEF OF THE FJUREAU Of YARDS AND DOCKS, ACTING UNDER DIRECTION Of THE SECRETARY OF THE NAVY, AND THE CITY Of CORPUS CHRISTI, PERMITTING THE USE OF UNITED STATES NAVAL AUXILIARY AIR STATION, CUDDIHY FIELD, CORPUS CNRIsTI, TEXAS, OR A PORTION THEREOF AND THIS LEASE IS CONTINGENT ON SUCH LEASE FROM THE GOVERNMENT AND THE TERMS THEREOF, AND ALL RIGHTS OF THE LESSEE HEREIN ARE SUBJECT TO THE TERMS OF SAID LEASE FROM THE UNITED STATES GOVERNMENT, AND IT 19 FURTHER AGREED THAT THE CITY 15 NOT To DE LIABLE IN ANY MANNER, FOR DAMAGES OF ANY NATURE, FOR ANY TERMINATION Of THIS LEASE OR ANY CHARGES OF TH£ RIGHTS Of THIS LESSEE BY VIRTUC OF ANY ACTION TAKEN BY THE UNITED STATES Of AMERICA OR THEIR AGENTS UNDER AFORESAID LEASE. -4- 17. THE Lessee FURTHER AGREES THAT IN CASE Of ANY DEFAULT IN ANY OF THE COVENANTS AND CONDITIONS OF THIS LEASE, THE CITY MAY ENFORCE THE PERFORMANCE YHCREOF 10 ANY MODES OR MANNER PROVIDED BY LAY, AND NAY DECLARE THE LEASE FORFEITED AT ITS OISCRETION, AND IT, ITS AGENTS OR ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, ,TO AC -ENTER AND REMOVE ALL PERSONS THEREFROM, 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 RESUME POSSESSION OF THE PREMISES AND Ae -LET THE $AMC FOR THE REMAINDCR OF THE 'TERM AT THE BEST RENT THEY MAY OBTAIH, FOR ACCOUNT OF THE LESSEE, YHO SHALL MAKE GOOD ANY OCFiCi£NCY; AND THE LesSOR (THE CITY) SHALL HAVE A LOCH AS SECURITY FOR THE RENT AtORESAID* OR ANY RENT DUE AND UNPAID UNDER SAID LEASE, UPON ALL GOODS, i WARES* CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE* TOOLS AND OTHER PERSONAL PROPCRTY WHICH ARE HOW LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED ON SAID PREMISES BY THE Lessee, WHICH LIEN SHALL BE CU14ULATIVE OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO. 18. AND IN THE EVENT FOR ANY REASON 6AID LEASE. BETWEEN THE UNITED STATES OF AmcniCA AND THE CITY OF CORPUS CHRISTI 16 TERMINATED IN ANY 'WANNER ON IN THE EVENT SAID LEASED PREMISES ARC TURNED BACK OVER TO THE UNITED STATES OF A04ERICA BY THE CITY OF CORPUS CHRIST!, THEN THIS LCASC 13 TO TERMINATE AS BETWEEN THE PARTIES HERETO AND THE CITY 13 NOT TO BE LIABLE IN ANY MANNER FOR DAMAGES OF ANY NATURE FOR SUCH TERMINATION OF THIS LEASE BY VIRTUE Of THE TERMINATION OF THE LEASE BETWEEN THE CITY AND THE UNITED STATES OF AMERICA OR BY VIRTUE OF THE SURRENDER OF THE LEASED PREMISES TO THE UNITED STATES OF AMERICA BY THE CITY Of CORPUS CHRISTI. 19. NOTWITHSTANDING ANY PROVISION HEREOF REGARDING THE TERMS OF 711I5 LEASE IT IS AGREED THAT UPON NINETY (90) DAYS WRITTEN NOTICE EITHER Tiff CITY OR THC Lessee MAY TERMINATE THIS AGREEMENT UPON THE DELIVCRY DF BA40 NOTICE IN COMPLIANCE WITH ALL THE OTHER PROVISIONS AND OBLIGATIONS OF THIS CONTRACT. UPON THE EXPIRATION OF SAID PERIOD a OF NINETY (90) DAYS AFTER SUCH NOTICE THIS LEASE SHALL BE DEEMED 4 TERMINATED AND OF NO FURTHER FORCE AND EFFECT. . 20. THIS CONTRACT CONTAINS ALL THE PROVISIONS AGREED UPON BY THE PARTIES HERETO AND DISPLACES ALL PREVIOUS VERBAL OR ORAL AORECNENTS. THE PARTIES HERETO NAVE DULY EXECUTED Tii1$ LEASE THIS DAY OF MARC", 1952. ATTEST: CITY OF CORPUS CHRISTI, TEXAS 6TY SECRETARY APPROVED AS TO LEGAL FORM: ITV TTORHEY ATTEST: ----W9ST. ECRETARY By CITY MANAGER LESSON TAYLOR REFINING COMPANY By VICE PRESIDENT LESSEE - THE SPATE: OF TEXAS COUNTY OF NUECES DcrORL ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED . CITY MANAGER OF THE CITY OF CORPUS CHRIST►, TEXAS, KNOWN TOTO FIE TOTO BE THE PERSON WHOSC NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR 'THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATCD AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY of MARCH, A. 0. 1952- PdOTARY E UUL I C IN AND FOR NUECEIS COUNTY, TEXAS. THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATC, ON THIS DAY PERSONALLY APPEARED HARRIS A. M€LASKY, KNOWN TO NE TO BE THE PERSON AP40 OFFICER WHOSE NAME IB SUDSCRIBCD TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT THE SAMC WAS THE ACT OF THE SAID TAYLOR REFINING CvOmPANY, A CORPORATION, AND THAT HE CXCCUTEO THE SANC AS THE ACT OF SUCH CORPORATION FOR THC PURPOSES AMD CONSIDERATION THEREIN EXPRCSSEO, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS BAY OF LARCH, A. D. 1952. NOTARY PUBLIC IN AND FOR WILLIAMSON COUNTY, TEXAS. a Corpus Christi, Texas TO ME MEMBERS OF THE CITY COUNCIL 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, Respectfully, e AYOR AV- ij City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Lll u/4— Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson //'`//�� � /— oar/ ' The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Sydney E. HerndonR George L. Lowman 4 , L Frank E. Williamson 3x33'