HomeMy WebLinkAbout03250 ORD - 04/15/1952,
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY
OF CORPUS CHRISTI, TEXAS, TO EXCUTE FOR AND ON BEHALF
OF THE CITY A CONTRACT WITH WAYNE WARD, JR., LEASING
CERTAIN LAND AT CUDD(HY FIELD TO BE USED FOR AGRICULTURAL
PURPOSES, AS MORE PARTICULARLY DESCRIBED IN THE COPY OF
THE CONTRACT ATTACHED HERETO AND MADE A PART OF THIS
ORDINANCE; AND DECLARING AN EMERGENCY.
NOW THEREFORE, BE [T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1: THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, BE
AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, A CONTRACT WITH WAYNE WARD, JR. OF THE CITY OF CORPUS C]HRISTI, TEXAS,
LEASING CERTAIN LAND AT CUDDIHY FIELD TO BE USED FOR AGRICULTURAL PURPOSES, A COPY
OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE.
SECTION 2: THE NECESSITY OF OBTAINING REVENUE FROM FARM LANDS AT CUDDIHY
FIELD IMMEDIATELY CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIR-
ING 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING
REQUESTED THE SUSPEN5ION OF THE 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 �a DAY A. D. 1952.
MA OR
CITY OF CORPUS CHRISTI
si��"--
CITY SECRETARY
M VEDAS TO LEGAL FORM:
CITY ATTdR9EY
THE STATE OF TMW
CDOTY OF WM ES
This Aunt mde and esnterod into, WS the
Iat dl► of April, Ji•D• 19%, br arAd betvssn Us Cttq Ot
Carpus Christi# Texas, a snnicripal corporation, berwinsfter
called achy" and Wayns Ward, Jr,, of HWOOS CounitFo Taxas, herew
it called "Sub3038001'a
11119.41 ILIA
The City of Carpus Outiet3" Tema does bg
tbess presents lerisso and deism unto the eaid ifitrpw Ward, Jr.,
Subleaaeo, the £ollWIM described preldvaa, to+%lti
The land bet man and eurromiaim the ruawynt
eonarots aprons vnft roadrreys at Ouddiby MeM
in Mwsesas County, Taxes, Containins sPp=x'Mt*- 3,v 233 acres. the e,QtUA1 mc:roago Aball bs de-
toftl ed by the ant of that pat ofOWdihq
z' GM Ubj& is the on upon Ai ch ielocated Us
r+xnueys m6 which is unoccupied by bsildiugra and
aubtraotins i`rw amid acreage tier ae~rMP oocUaied
by runm7s, ooMrste aprans,and voaaclwsya and the
y oP the C3� CdrA Cbrtetii, T=w.
in es avant euab 1wris exeecd 231 across the
rental stall be calculated upon the actual eentw
age so dotermizod,
for the tern of one year beginning April 1# 1952 and 6=1125
Merck 31, 1933.
The Sublessee is to pay thrarofore as rental
one- fourth (J) gross yield of all cotters and cotton sew.#
anti onewtbira(V3) gMs yWd of all need and other CMG
rained upon snacb pre mines baroin described during the tOM of
th►3es lease, vbiob ®hall be deUvore3d free Of call cast At the
msrkot of Corpus Christi# Tmes. it, is understood that when
the mope are harvested on the prosisdo heroin described that
Sublerssao will give notice to thur Airport MMU96 r of the City
that such crops are beft harvested..
This lease in Subject to the follosU8 oar -
ditlov and Covenantal
1. 7't Is wderetood and agreed that tone lensed
preadees area to be used for agricultural purposes oa'iyy and that
premises am not to be used for MW other puripose than tfse
herein spoci£iarl unless oonsented to by the City' JA writing. e
S. It In further tndorstood that Sublessee
sisal] keep a true and w6usate book of aiMUatn MAALIM all
business matt,-re pertaining to the above described cultivation
of the prenlaos hereby leased' mud such,wdd books shall be
open to inspection by the City# reprasenW by the City der
and/or its Airport Amager.
3. It is wpoolwUy understood and agreed
that the City My at W" tiM bV Written notice repossess all
or aay pact of the above lowed Pro deal foil use as 'a airport
or in Connectdon U th the operations, of ens airports end it is
further understood and ajrood that the Utyo in the event of
such repossession, shall be autboriSe:d after Ma lIM9 such Said
written notice by registered ro.Us, to outer upon and take posses-
sion of much promiseo as described herein$ or mfr portion of
such promisees; and described in said notice. It let fnurthers
understood rand agreed that Subleases's danagoo in the event
of ouch repossossion ahsll be limited to the aotual eVenoes
of Subleases In punting Said ;pMMOO in oboe for plentingj
the labor; asedp if an ana tractor oaepewasr used in the
cultivation of w4h load and aao na=cres shall be paid other
than those heroin enumratodt
4. Sublessee agrees to pay for azW and ell
de=ps to any utility lines or egaipmmt located on said land
which may ba Incurred �V farentM or agrieultAk operationS ear
to replace an of Such linen injured or destroyed as a result
of his operations.
5. Sublauee agrees not to subolat the lewd
premises or any portion thorof witbout the consent of the City
in tszitiug.
6. The Sublasa" 63ftes that he will talcs good
care of the Property and Ito rappurtasances, and wiffer no vast *#
and shall keep the said prildses in good repeSr and at bin Win
ompame•,, and at the end or otbar expiration of the tare of this
lorasa, aba3" deliver up the demisvd prwdaso in good order and
cordWon, as same are now in, natuaal war and toad and damage
n mm the elements only excepted.
7. The Subloodaa aVws to pa for all
utilities used at the presdoes leased by bin.
S. 'Silo City reserves the right to enter the
said premises at any time dudM the existence of this Iowa
for the purpose of impacting the sane in order to determine
whothor the terms of aW lame are biros observe -d end oarried
out.
9. Sublessee apeas net to use sW premises
for any illegal. or Iworal purposes and agreas to conform to
an of the Sews of the State, the United Stature, anti all ruloss
sat out by the City Manager of the City of Corpus Christi# Taxsa,
for the operation of the lowed premises.
20. The SuWasea aball not parsai't malt, viam
or aloohalic bararaM In the demised premises; and will not per-
mit smoking on any place sRsere such would be a fire haaeurl. and
will at all timras display "H4 SssoklW oign;s where designated
by the, Airport Maegssr or City Fire Departm=t.
11. The fublasse s shall promptly execute
and ftlilHiS all the orainances of the City of capus Christi PP-
plicable to said premises, and all orders and requirezmts im-
posed by the Hoard of Health, Sanitary and Policy Departments,
for the correaticas, preventilan and abatement of nalsences in,
, or aomeated with Said.promioes during the tam of this
lease at his can expanse.
22. The Subloseese is to bave the optical to
renew this lows at the expiaation of said lance for ssob terms
and condiiarations as MW be agrMd upon by the City, it be.
irk understood that this option is subject to and ftWMent
upaaa tbs terms And conditions as set out iri maid lanes from tbm
united States of America to the City vender wbloh the City U
operating CuvdIby Field;
13. Subleance .further agree ttmt in case
Of MW default In sing of the o mnanU aW oonflitions of this
lease, the City r4w wfoxtite the' perfo rmtsn 6 Uuwoof San ear
wades or manner provided by law, sand may declares the Iowa
forfeited at Its descrotlon, end: it, its agents, or attorney,
shat,]. have the 44 without ftrthar notice or da wnnd, to rep.
outer and remove all persons tbamtrom, vithout being deaomod
guUty of W Mannar of trespass and witbout, prejudice to wW
rewdies for arrmn of rent or treaeh of aovanaa% or,the
Gity, its asentsr or attorney, m' Mauve possession of the
preen soa anal rem lot;the sam for tbs remainder or the term at
the beat rout It may obtain, for the account, or tbo Sublessw
herein, who shall make good any cierieieanay; and the City aha72
have a liens as security for the rental aforesaid# or any rent
due and unpaid under said lctasep upon all crops, goods ,
chattous imlemsnts, fixtures, furniture, finals, and othesr
personal property which arm nw locatod on said p ea _tom
=7 ba placed on ssM promoes by said Subleaaeoi uhiob Um
shall, be a mwlsstIv a of the statutory lion created by law w!d
in addition thereto.
14' Me 3ubUsses shah store no natorlals
or supplies in or about the said prealoes which will increase
the fire haaa.+rxi or Institute and umw al riss in that, comctiun
and Lessee shall at all times use thoprmadaess In such azwmer
as not to eruiangar the property lensed,
15. Bablossao agrees that In the avant that
death or injury occurs to acv person or loss, doetructiun or
dozq%ge occurs to wW property in connection with the maintasti.
once, operations or % -.pair of tho loaso4 preXAses and the
facilities eov6ied hereunder' occasioned by the act or omte-
sioms of tho Subleases ha3roiut his atgants or amaloyeas' the
Sublessee agrees to indeMAP- r and Oyar�tiat�aleae the City from
mad against any loon, expenao, elal or demands to which the
City may bo subject as the result of such demaiula, loss, des+
truotion or damage.
16: The City shall not be responsible For
damZus to propaar y or WW t}j� which m' arise ism#•
dent to the oxeraiso of the rights at*4 privileges bersin gMt-
ed.
17. it is' Wcprrassly understood and agreed
by the parties hereto, that this lease is subject to a leaso
by the United States of Amovica to the City of Corpus MxIOU,
TMS, poinitting the vao of U. S. NMI Auxilie;ry Air Station,
Coney FidUp Corpus Christiop tacos County,_ Tname, or a
portion than al thereby, wra said lease is contingent on
m,wh lease with the United Str es of Ama!rim and the Terns
thersof, ml all rights of the logos* am oubjeet to the torms
of said levo:D with the United States of bmot+eiea, and it is
further agrread that tho City is not to be biablo, in exam
for damages of caW nature, for mzr termination of t him loess
or changes of the rights of the 3ubIfts*o, by virtue of oW action
taiten by the United States of Amsriea or their agents by virtue
of aforesaid lease.,
18. Subleases .fnrthsr agrees to ka6p +and ma3s-
train in full force during the term of this lease and in oompanles
acceptable to the Citys PUBLIC LUBILITY MURANC2 lid MC AA?J' M
OF FIM TWUSW AND NQ1IW (050 000)
DOLLAR&. Such policies shall specifically insure the obllgs-
Lion undertaken in Paragraph 19 her*a end. shell not conUin
a subrogation clause which could in any weyr encumber the said .
City ce tbo United States of AtwAca...
19. It is farther underatoo4l iyct` ag7rved
that should the le'aeae hold by the City from th6 Balked States '
of America, covasing the property hereby subleased, W t d,11 ". .
atad or Surranderod by tho City hack to the United States of
America, then, in such ,even, his lase ahall terminate and
the City is not to be liable,. in anyt naanauer for damsgee of any
nature by .;o£, the Cityas ,surrender of, its Uwe to the '
United States of America or the termination of same, Hoorover,
it Is understooA at4 agreed that theta In to be no manner of
lisbility'on the part of the City for the taraination of this
lease for dumb neasen.
20. This contract contains provisions agreed
ufaon by tho parties hereto and 4115p7atees all pr�lviws verbal
or oral agreement.
EXECUTED IS TRIPLICAT$, `fibs th s�.,,, djq
of A•i3„ 1952.
ATTZSTz CITY Cf CDEPUS CDRIaii, TEXAS
70
City Secretary - -- - - -- City Roger
A"R7 3 AS 20 LUIAL Fla SUULE39eaMz
City Attorney [ i +4w wayno 4ia �
THE STATE =3F TF
COUNTr OF
B 'ORB W, the un4craigned authority, on this
day personally Wired firs, 'Wayna Uard, &., known to me to be
the person whace aMaao Is subscened to the foregoing instrumeett
andsakaowledgad to ae that he executed the arses for •the purposes
and oonsideration therein expressed.
GIVEN UNDER MY SAND AND SEAL OF OPME, This
tie of ,A.D# 2952.
NWAHY PUBLIC in and for Nueoes
County, Toxins
THE STATE OF TFMS
COM= OF N=E3
BMRE FZ, The undersigned authority, on
this day
�starsonally appeared W. R, Collie, City Manager of the
City of Corpus Chrixtii Taxes,, known to as to be the person
uhoss Aare is subscribe$ to the Foregoing iwtru =t and
acknovledgsd to = that he exeoated the saw For the purposes
and consideration therein expressed, in the capacity therein
stated and as tho act and dead of said CitvM
OIVSX UNDER MY HAND AIM RFAL OF iDMCE, This
the day oP -pA.L. 1952.
NOTARY ?USLIC in G-d for NWOOS CaUnty,
Texas
�f
&r'7:
3a5o
Corpus Christi, Texas
.,
TO TUE 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,
MAYOR
City of Corpus Christi, Texas
. s
The Charter rule was suspended by the
following vote:
Leslie Wasserman
*
Jack DeForrest
Sydney E. Herndon
/,•_ -a
George L. Lowman
Frank E; Williamson
s
The above ordinance was passed by the
following vote:
Leslie Wasserman
.`
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
&r'7:
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