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,
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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.
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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
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