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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: 3a5o