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