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HomeMy WebLinkAbout03255 ORD - 04/15/1952a s __ AN ORDINANCE AUTHORIZING AND DIRECTING-THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY A CONTRACT WITH ALBERT H. BUCKELS FOR THE USE OF THE BACHELOR OFFICERS' QUARTERS, BEING BUILDING NO. 655, CUDDIHY FIELD, TO BE USED AS A CON- VALESCENT HOME, ACCORDING TO TERMS AND CONDITIONS OF A COPY OF THE CONTRACT 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 WITH ALBERT H. BUCKELS OF THE CITY OF CORPUS CHRISTI, TEXAS, LEASING TO SAID ALBERT H. BUCKELS THE BACHELOR OFFICERS' QUARTERS, BEING BUILDING NO. 655, CUDDIHY FIELD, TO BE USED AS A CONVALESCENT HOME, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE. SECTION 2: THE NECESSITY OF OBTAINING REVENUE FROM BUILDINGS LOCATED AT CUDDIHY FIELD IMMEDIATELY CREATES A PUBLIC EMERGENCY AND 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 PUBLIC EMERGENCY AND IMPERATIVE NECESSITY TO 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 THE �� oAY F ' A. D. 1952. MAYOR CITY OF CORPUS CHRISTI A TEST: -- TY SECRETARY APP OVED AS LEGAL FORM: CITY ATTORNEY March 8, 1950 ® B STATE OF TF= COUNTY OF NUECM Q This agreement made and entered into this the 30 0day of 1M, r AoDo 19%'� by and between the City of Corpus Christie Texas, a municipal corporation, hereinafter called -City- and A 8. fit$ AM tom, HYa a F. Fes' ,,�t;i of Nueces County, texas, hereinafter called - Lessee -. XITNESSETH& The City of Corpus Christi, Texas, does by these presents lease and demise unto the said Lessee, the following described premises, to -Witt lbo tallaft Izem,ow biwboorr afflows, now 8 WINWy for the term oft IN we 'a said lease -beginning the Wit, day of Jjd* , AoDo 19% and ending the day of Jkm , A.D. 19!JL the Lessee is to pay therefoiethe sum of AM SNOW Y .€VIII bOu" for the term of this lease, same to be paid in monthly installments of MW per month, said monthly installment to be paid each month in advance, the first to be paid on the first effective date of this lease and a like installment on the same day of each succeeding month thereafter during the term of said•lease,"subject to the'follo*ing conditions and covenants, l.o It is understood and agreed that the leased pr6nises are to be used for the following purposes only, mo -wits • 3bn' Qro srs $ � ' Said premises are not to be used for any other purpose than these herein apecified unless consented to by the City in writing. 20 Lessee agrees not to sub-let the leased premises or any portion thereof, or permit the use thereof by any independent contractor, except with the written consent of the City and upon such consent being given the Lessee agrees to pay the City 10% of the gross, amount received,from such sublease or permissive use in addition to the other rental herein provided. lurch 8, 1950 m H 3o No additions or alterations shall be made to the premises without the consent of the City in writing, and any and all improvements placed on said premises which are movable may be moved by the Lessee at the expiration of this lease, subject to paragraph numbered & hereof. 4. The Lessee agrees that they will take good care of the property end its appurtenances, and suffer no waste, and shall keep the said premises n good repair at their 6wn expense., and at the end, OX, other expiration of the term of this lease, shall deliver up the demised premises in good order and conditions as same are now in, 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 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 re}laoe 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 furnished by the City to Lessee is to be signed by Lessee and the Airport Yanageii for the City, same to set out a description of the property and equipment and the condition of such, it being v-iderstood a copy of same is to be paced on file in the airport manager's office and will become a part of this lease agreement for all pertinent purposeso 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 same in order to determine whether the terms of said lease are being observed and carried out. a® I March 88 1950 , Reviseds 10 /30/;3. The prioes charged for things sold on the premises by the lessee shall at all time be reseonableD and not ezhorbitantD and comparable with prices charged for the same articles at similar places in the City of Corpus Christi. 7o lessee Wees not to ume maid premises for any Magal or •imsiral purposes and agrees to conform to all the lams of the State® the United States, city ordinances, and all rules set out by the City Manager of the City of Corpus ChristiD Texass, for the operation of the leased premises, and will abide by all rules and regulations as set out by the Airport Managero 8o The lessee shall not permit malt, 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 Manufacturerae Cauftiner•, but under no conditions shall the package be opened on the premises or consumed on the premiseso lessee will not permit smoking in any place where such mould be a fire hazard and will at al]. times display "No Smokinga signs where designated by the Airport Manager or City Fire Departmentg Lessee further agrees to paint, dopeD store inflarm ble materials, meld or carry on any activity that might be a fire ha Ada oY4 in those places designated by the City Fire Marahalo qo The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises as if same was bated in the City limits of the City of Corpus Christi, and all orders and requirements Imposed by the Board of Health, Sanitary, Fire and Police Departments, for the corrections, prevention and abst-&wnt of misaneea widjoa iffia upon, or connected with said premises during the term of't°xde lea" at its own eapensso loo Lessee is to have the option to renew this lease at the expira- tion thereof for such term 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 lease, the City may enforce the performance thereof in aW modes or manner provided by,lsw, and may declare the lease forfeited at its discretion, and it, its agents or attorney shall have the right, without further notice or demand, to re—enter and remove allIpersons therefrom, without —3- karch° 8, 1$5fD B Revised, 20130M being deemed guilty of any manner of trespass and without prejudice to azV remedie,s for arrears of rent or breach of covenants or the City., its agents or attorneys may resume possession of the premises and re-let the same for the remainder of the taro at the best rent they may obtain, for account of the lasses, who shall make good any deficiency, and the City shall have a lien as security for the rent aforesa*g or any rent due and unpaid under said leaae, upon all goods., wares., chattels, lmpletsate, fixtures., furniture, 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 bm cumulative of the statutory lien created by law and in addition thereto. 32. 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 nut to endanger the property leasedo 13o Lasses agrees that in the event that death or injury occurs to any person or lose., destruction or damage occurs to any property in conneotion with the maintenance, operations or repair of the leased premises and the facilities covered hereunder,, occasioned by the act or omissions of the Lessee, its agents or employees, the Leases agrees to indemnity and save harmless the City from and against any leaaq expense, claims or demands to which the City may be subject as the result of such demands, loss, destruction or damage. 34* 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 privilegee•horein granted. 15o The Lessee shall indemnify and onve and hold harmless the goverament and the City of Corpus Christi, their respective officera, agents and employees'of and from any and all liability incurred as a result of any breach by the lasses or the City or the agents, servante, employees, invitees or licensees of any Lessee or as result of any breach of any covenant or condition of this Lease or as a result of lasseega occupancy or use of the Facilities and whether or not occasioned by the negligence or lack of diligence of the Lessee, its agents, officera, servants or employeeso 0 March B, 1950 — B 16o• However, it is 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 Bureau 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, Cuddiby Field, Corpus Christi, Texas, or a pardon 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 ary termination of this lease or any changes of the rights of this Imssee by virtue of srW action taken by the United States of America or their agents under aforesaid lease. 1 7o 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 Christi, 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 ar 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. I& Notwithstanding any provision hereof regarding the terns of this lease it is agreed that upon rizaty (90) dazes written n sick either the City or toe iassee 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— 1larch 8, 1950 m B ATTESTs y eeretary APPROVED AS TO LEGAL FORKs tY Atto CITY OF CORPUS CHRISTI, Texas By my— STATE OF TEXAS v i.essnen COUNTY OF NUECESS- II BEFORE ME, the undersigned authority., on this day personally appeared City Manager of the City of Corpus Christi., Texas, (mown to me to e 19 person one .,game is subscribed to the foregoing instrument and ackadaledged tome -that he executed the same for the purposes and consideration therein expressed, in the.capaeity therein stated and as the act and deed of said Citya Given..undar_,iW.-band and.-meal-of office this day of :. o Ao Do• 195 0 H&Eiry blic in and ror ce ty., Texan STATE OF TEXAS COUNTY OF BEFORE R(E., the undersigned authority., on this day personally appetwed ,known to me to be the person whose name is subscribed to the oregoing instrument, and acknowledged to me that he executed the Same for thh purposes and consideration therein expressed. Given under my hand and seal of office this day of � Ao Do 19S b otary Public in and for neces un ye Texas Corpus Christi, Texas 9,5 —2 TO THE 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. Respectf lly, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman 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 (/ Frank E. Williamson 9