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HomeMy WebLinkAbout03254 ORD - 04/15/1952Joe )7� AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH F. E. BOWMAN FOR THE USE OF THE SMALL SWIMMING POOL, BEING NO. 612, LOCATED AT CUDDIHY FIELD AND THE LARGE SWIMMING POOL, BEING NO. 693, LOCATED AT CUDDIHY FIELD, NUECES COUNTY, TEXAS, FOR A TERM OF ONE YEAR, SUBJECT TO THE TERMS AND CONDITIONS OF THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO 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 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, FOR A TERM OF ONE (1) YEAR, WITH F• E. BOWMAN, LEASING THE SMALL SWIMMING POOL, BEING N0. 612, LOCATED AT CUDDIHY FIELD AND THE LARGE SWIMMING POOL, BEING No. 693, LOCATED AT CUDDIHY FIELD, IN ACCORDANCE WITH ALL TERMS AND CONDITIONS OF THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE. SECTION 2: THE NECESSITY OF OBTAINING REVENUE FROM PROPERTY LOCATED AT CUDDIHY FIELD IMMEDIATELY CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLtC 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 RESOLU- TION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE C17Y COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND,IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION 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 7HE�d DAY of , A. D. 1952• I MAY ?R4 CITY OF CORPUS CHRISTI, TEXAS A �ST: CITY SECRETARY APPROVED AS T)j LEGAL FORM: CITY AT O NEY ` t airc� fir-• . STATE OF TEXAS � GMM OF MMM Ttie agrasmsnt made and entered into this the . dAW of , J6D, 1952= by and between the City at Corpus Christi, Texas, a nmicipal carporrttion, hereinafter mlled eClty" and F. E. DDwRil9Pi of ftsoes County, Tawas, hereinafter called Qlosses ". WITHESSLTHs s The City of Corpus Christi, Texas, does by these presents Issas and demise unto the said F. E. By men, lessee, the following described premises, to -rlts The Mau svimeixg pool, bearing go. 612, located at Cnddihy ,-vUW, Rams Cow Texas; also, The 1MV swining poolr bearing to. 693, located at Cudd9W Field,, thwoes County, Terri, Car the term of one year, said lease beginning the _ULday of B.D. 195P, and ending the = OW of ftmb , A.D. 1951;- the Leases is to pay therefore the sum of ans Thmwwd Six MWred Dollars ($19,600.00) for a year, same to be paid in monthly installments as followss X400.00 to be paid on June .1j, 1952= $400.00 to be paid an July 1, 1952; x,00.00 to be paid on August 1, 1952; and UW*00 to be paid on September 1, 1952, subjoct to the following conditions and covenantas 1. It is umierstood and agreed that the leased premises are to be used for the following purposes only, to -wlts For bathing aW swismiag activities for the general public, it being understood and agreed that In connection with such wAmming pools Lessee is to have the right to sell soft drinks, sandwiches and confectio=4 said pren;lecs are not to be used for any lther purpose than these herein specified unless consented to by the City in writing. 2. Lessee agrees not to sublet the lorsed promises or my portion thereoe, or permit the use thereof by ow independent contractor, except with the written consent or the City and upon such eonsac'A being given the Losses agrees ID pay* the City 10 per cent of the gross amount received from such aublease or permissive use In addition to the other rental herein provided. March 8, 1950 m B 3. No additions or alterations shall be made to the premises without the consent of the City in writingg and any and all improvements placed on said Promises which are movable may be moved by the Lessee at the expiration of this lease, subject to paragraph numbered 4 hereof. 4. The Lessee agrees that they will take good care of the property and its appurtenances, aqd suffer no waste, and shall keep the said premises �n good repair at their own expense, 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 i<n, natural wear and tear and damage from the elements only excepted, and the Lessee agrees to take good care of all movable equipment, fixtures and property of any nature, furnished by the City, and will keep same in good repair at their own expense, and at the expiration of the term of the lease` for any cause, shall deliver to the City all of such movable equipment, fixtures and all property of any nature, in good order and condition, as same is not 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 re�laoe t said property, in its same state and condition, as same was in when turned over to Lessee. An inventory of all personal properties and equipment tt<rnished by the City to Lessee is to be sigded by Lessee and the Airport Manager for the City, same to set out a description of the property and equipment apd the condition of such, it being suderstood a copy of same is to be placed'on file, in the airport manager's office and will become a part of this lease agreement for all pertinent purposes. 5. The Lessee agrees to pay for all utilities used at the premises leased by it. 6. 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 dame in order to deteraine whether the terms of said lease are being observed and carried out. m2= March 8, 195C -B Reviseds 10/9052 The prices charged for thugs sold on the premises by the Lessee shall at an times be reasonable,) and not exhorbitants and comparable with prices charged for the same articles at similar places in the City of Corpus Christi. 7o lose" !green not to use said premises for any illegal or 1woral purposes and agrees to conform to all the laws of the States the United Statesa city ordinances,, and all rules set out by the City Manager of the City of Corpus,, Christi,) Tema for the operation of the leased premises, and will abide by all roles and regulations as set out by the Airport Itansgero 8o The Lessee shall not permit malty vinous or alcoholic beverages In or on the demised premises,) except that with the permission of the Airport Manager beer or other packaged articles may be sold in the Manifacturer °a Coaft1ner, but under no conditions shall the package be opened on the premises or consumed on the premises. Lessee will not permit smoking in any place where such would be a fire hazard and will at all. times display "No Smoking" signs where designated by the Airport Manager or City Fire Departmgntg Lessee further agrees to paint,) dopes store inf anm fte materially weld or carry on any activity that sight be a firs hazard,) only in those places designated by the City Fire Marshalo 90 The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises as if same was located in the City limits of the City of Corpus Christie and all orders and requirement& Imposed by the Board of Health& Sanitary& Fire and Police Departmentse,for the .correction, prevention ' and abatwnnt of nuiasnaas md/o-s h" ;'ST -r?s ins upon,) or connected with said premises during the term of this lease at its own expense. 140 Lessee is to have the option to renew this lease at the expira- tion thereof for such terms and considerations as may be agreed upon by the City* U. The Lessee further agrees that in case of any default in any of the covenants and conditions of this leases the City may enforce the performance thereof in any modes or manner provided by law,, and may declare the lease forfeited at its discretion, and its, its agents or attorney shall have the rights, without further notice or demand, to re-enter and remove all persons therefrom, without March 8, 1950 o B Revised& 3O130M being deemed guilty of any manner of treapass 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 re-let the same for the remainder of the tern at the beat rent they may obtain, for account of the Lease®, who shall make good any deficienayl and the City shall have a lien as security for the rent aforeaa$dg or any rent due and unpaid under said lease, upon all goods, wares, chattels, impletenta, fixtures, fhrniture, tools and other personal property which are now located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 1.2,, The Lessee shall store no materials or supplies in or about the said premises which will increase the fire hazard or institute an unusual t-ink in that connection and Lessee shall -at all times use the premises in sabh a manner as not to 0ndanger the property leasedo 13,, Lessee agrees that in the event that death or injury ocamro to any person or loses destruction or damage occurs to any property in connection with the mai.atenance, operations or repair of the leased premises and 4s facilities covered hereunder, occasioned by the act or omisaions of the Lewes, its agents or employees, the Lessee agrees to indemnify and cave harmless the City from and against sap leas, expense, claims or demands to which the City may be subject as the result of each demands, lase, destruction or damage,, 1160 The City shall not be responsible for damages to property or injury to persons which may arise incident to the exercise of the rights and privileges herein grantede 150 The Lessee shall indemnii�r and eave -ad hold handeas -the government and the City of Corpus Christi, their respective officers, agents and empleyees'of and from any and all liability incurred as a result of any breach by the lessee or the City or the agents, servants, employees, invitees or licensees of any Lessee or as as result of any breach of any covenant or condition of this Lease or as a result of LessWs occupancy or use of the Facilities and whether or not occasioned by the negligence or lack of diligence of the Lessee, its agents, officers, servants or employesso Parch S, 1950 - B 16. However, it is expressly understood and agreed by the parties hereto that this lease.is subject to the ]ease between the United States of Americas, represented by the Chief of the Bureau of Yards and Docks, acting under direction of the Secretary of the Navyp and the City of Corpus Christi, permitting the use of United States Naval Auxiliary Air Station, Cuddiby Field, Corpus Christi, Texas., or a partion 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 is further agreed that the City is not to be liable in any manner, for damages of any nature, for any termination of this lease or any changes of the rights of this Lessee by virtue of any action taken by the United States of America or their agents under aforesaid lease. 17o And in the event for any reason said lease between the United States of America and the City of Corpus Christi is terminated in any manner or in the event said leased premises are turned back over to the United States of America by the City of Corpus Christip then this lease is to terminate as between the parties hereto and the City is not to be liable in any manner for damages of iaW 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. 2B. Notwithstanding any provision hereof regarding the terne'of this lease it is agreed that upon ninety (90) days written notice either the City or the Lessee may terminate this agreement upon the delivery of said notice in compliance with all the other provisions and obligations of this contract. Upon the expiration of said period of ninety (90) days after such notice this lease shall be deemed terminated and of no further force and effect. 190 This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. -5- March 8, 1950 m H CITY OF CORPUS CHRISTI, Texas ATTESTS ty er 7 retary APPROVED AS TO LEGAL FONKs STATE OF TEXAS COUNTY OF NUECFS_ j BEFORE IR, the undersigned authority, on this day persona23y appeared City Manager of the City of Corpus Christi, Texas, known to me _ e t e person whose sums is subscribed to the foregoing instrugent and - ackamdedged to.me..that he executed the same for the purposes and consideration therein expressed,, in the .capacity therein stated and as the act and deed of said City* Wen_under.w.hand and.-seal-,of office this day of n Ao D* 295L. ry lie in and for.IZ-cev Mgt—y, Texas STATE OF TEXAS COUNTY OF BEFORE MBp the undersigned authority, on this day peraonauy'appeared -known to me to be the person whose naam is subscribed to the foregoing ins rumeat, sad acknowledged to me that he executed the same for tha purposes and consideration therein expressed* Given under my hand And seal of office this day of „ A. D. 191mb otarg Public in and for Naeces CREW Texas 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, W00AMAA, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman OIL— Jack DeForrest 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 /U Frank E. Williamson