HomeMy WebLinkAbout03339 ORD - 10/28/1952' r
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH
JOE McNAIR AND W. T. McNAIR, THE McNAIR BROTHERS, COVER -
ING 174.5 ACRES OF LAND AT CLIFF MAUS MUNICIPAL AIRPORT
FOR FARMING AND AGRICULTURAL_ PURPOSES, FOR A TERM OF FIVE
YEARS FOR AND IN CONSIDERATION OF%ONE- FOURTH GROSS YIELD
ON ALL COTTON AND COTTON SEED AND ONE -THIRD GROSS YIELD
ON ALL OTHER SEED AND CROPS RAISED ON SAID PREMISES, PLUS
A CASH BONUS TO BE PAID AS AN'ANNUAL RENTAL, TO -WIT: $1,767.50,
$546 TO BE PAID THE CITY AND $1,221.50 THEREOF TO BE PAID
ALVIN McNAIR FOR WORK DONE,_FOR THE FIRST YEAR; $546, THE
SECOND YEAR AND EACH SUCCEEDING YEAR THEREAFTER DURING THE
TERM OF SAID LEASE, UNDER THE TERMS AND CONDITIONS OF SUCH
LEASE AGREEMENT, A COPY OF WHICH 13 ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS
SECTION 1. THAT THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A
LEASE AGREEMENT WITH .JOE McNAIR AND W. T. MCNAIR, THE McNAIR BROTHERS,COVER-
ING 174.5 ACRES OF LAND AT CLIFF MAUS MUNICIPAL AIRPORT FOR FARMING AND AGRI-
CULTURAL PURPOSES, FOR A TERM OF FIVE YEARS, FOR AND IN CONSIDERATION OF ONE—
FOURTH GROSS YIELD ON ALL COTTON AND COTTON SEED AND ONE —THIRD GROSS YIELD
ON ALL OTHER SEED AND CROPS RAISED ON SAID PREMISES, PLUS A CASH BONUS TO
BE PAID AS AN ANNUAL RENTAL, TO —WIT: $1,767.50, $546 OF WHICH IS TO BE PAID
THE CITY AND THE BALANCE THEREOF TO BE PAID ALVIN McNAIR FOR WORK DONE; $546
FOR THE SECOND YEAR AND EACH SUCCEEDING YEAR THEREAFTER DURING THE TERM OF
THIS LEASE AGREEMENT, IN ACCORDANCE WITH THE BID OF SAID McNAIR BROTHERS,
SUCH BID BEING THE LOWEST AND MOST ADVANTAGEOUS BID TO THE CITY OF CORPUS
CHRISTI, ALL AS MORE FULLY SET OUT AND UNDER THE TERMS AND CONDITIONS OF SUCH
LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY OF DERIVING REVENUE FROM CITY LANDS
FOR THE UPKEEP THEREOF AT ALL TIMES, NECESSITATING THE IMMEDIATE EXECUTION
OF SUCH LEASE, CREATES A PUBLIC EMERGENCY AND AN 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 ORDI-
NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST,
HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE
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3 33 9
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BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE
IN FULL FORCE AND EFFECT jFROM
(�•AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED
AND APPROVED; THIS THE..? _- DAY OF OCTOBER, A.D. 1952.
UV
MAYOR
THE CITY OF CORPUS CHRIST(
t-KTEST--
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY AT RN Y `
_2_
Corpus Christi, Texas
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.
Respectfully,
MA OR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. HerndonC
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
3369
TIE STATE OF TEW
COUNTY OF NUECES
THIS AGWMM BADE AND ENTERED INTO THIS THE DAT OF OCTOBER,
,±.D. 1952, DT AND BETWEEN TH£ CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL
CORPORATIOR, HEREINAFTER CALLED "CITY ", AND JOE W-RAIR AND W. T. McNAtR,
OF NUECES COUNTY, TEXAS# HENEINA►TER CALLED `McNAiR BROTHEN3" ON Lessee/
WiTideSSETMt
THE CITY OF CORPUS CHRISTI, DOES OY THESE PRESENTS LEASE AND DEMISE
UNTO THE SAID ,,,HAIR BROTHERS THE FOLLOWINO DESCRiBED �REMISESi TO-WITS
APPROXtNATELY 174.5 ACRES OF LARD LOCATED BETWEEN RUNWAYS
AND ADJOINING CONCRETE APRONS AT CLIFF IMWS MUNICIPAL AIR-
PORT IN NUECES COUNTY/ TEXAS,
FOR THE TERN OF FIVE (5) YEARS, BEGINNING AS OF THE DATE OF EXECUTION OF
THIS -LEASE AGREENERTk AND ENDtN4 OCTOBER 1/ 1957, SUBJECT TO THE FOLLOW-
ING COMSIDERATIONS COVENANTS, AND CONDITtOHSA TO••WITt
1, THE LESSEE IS TO 'PAY THEREFOR THE FOLLOWING RENTAL AND CASH
BONUS TO BE PAID AS FOLLOW31
(A) 4 RENTAL PATNEMT OF ONE- ►OURT" (1/4) SItSs TiELD OF ALL COTTON
AND COTTON 3EED, AND ORE -THIRD i1 /3i GROSS YtBLD OF ALL SEED AND OTHER CROPS
RA13E0 UPON SAID PREMISES HERE 111 DESCRIBED DURIRO THE YEAH Or THIS-LEASE
SMALL SE O$LIVER= FREE OF ALL CO3T AT THE NARX£T OF CORPUS CHRISTI, TEXAS,
TO THE CITT OF CORPUS CHN13Tt SY Lessee# McNAtR BROTHERS. IT Is UHDERs om
THAT WHEN THE CROPS ARE HARVESTED ON THE PAC413E3 HEREIN OESCRISEO THAT SUCH
LESSEE WILL GIVE NOTICE TO THE AIRPORT MANAGER OF THE CITY THAT SUCH CROPS
ARE BEING HARVESTED.
(0) IN ADDITION THERETO, LESSEE AGREES TO PAY AS A CAB" *ONUS# THE
FOLLOWING ANNUAL RENTALS SCHEDULED AS FOLLOWSI
FIRST YEAR! $1,757.50, OF WNICtt AMOUNT $546 is TD BE MAID TO THE
CITY AND THE SALANCF. ($10221.50) TO ALVIN
WHAIR FOR WORN DONE.
SECOND YEAR# AND EACH SUCCESSIVE YEAR THEREAFTER DURING THE TERM
OF THIS LEASEI $546.00,
SUCH ANNUAL RENTAL FOR THE FIRST YEAR TO BE PAID ON OR BEFORE THE 157H DAY
OP OCTOBER, A.D. 1952, AND EACH SUCCEEDING YEARS R"NUAL RENTAL TO BE PAID ON THE ,.
ANNIVERSARY DATE OF THIS LEASE' DURING THE TER" OF SAID LEASE.
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2. IT It UNDERSTOOO AND AGREED THAT THE LEASED PREMISES ARE TO
BE USCO POR AGRICULTURAL PURPOSES ONLY. THAT SAID PREMISES ARE NOT TO Be
USED FOR ANY OTHER PURPOSE THAN THESE HEREIN SPCCIPIED UNLESS CONSENTED
TD BY THE CITY IN WRITING.
3. LESSEE AGREES NOT TO SUBLET THL LEASED PREMISES 09 AHY Volt.
TION THEREOF WITHOUT THE CONSENT OF THE CITY IH WRITING.
I1. IT IS PURTHER UNDERSTOOD THAT LESaEii $HALL 19CE! A TRUE AND AC-
CURATE BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS P$RTAINING TO THE
ABOVE DESCRIBED CULTIVATION OF THE PREMI5E6 HEREBY LEASED, AND THAT SUCH
"WKS SHALL BE OPEN TO INSPECTION BY THE CITYp REPRESENTED BY THE CITY•691WA—
9ER AND/OR ITS AIRPORT MANAGER.
rj. IT 13 ESPECIALLY UNDERSTOOD AND AGREED THA T THE CITY MAY 47 ANY
TIME BY WRITTEN NOTICE RE►OSSM ALL OR ANY PART OF THE A50VE LEASED PREMISES
FOR USE AS AN AIRPORT OR !M CONNECTION WITH THE OPERATION OF AN AIRPORT, IN.
CLUDIMG THE iMPROYEwENT THEREOF AND CONSTRUCTION OF IMPROVEMENTS THEREON, LO-
CATION OR RELOCATION OF RUNWAYS AMD OTHER INSTALLATIONSI AND it 18 FURTHER
UNDERSTOOD AND AGREED THAT THE CITY, IH THE EVENT OP SUCH REPOSSESSION, SMALL
BE AUTHORIZED AFTER HAILING SUCH $AID WRITTEN NOTICE BY REOISTERED MAIL, TO
CUTER UPON AND TAKE POSSESSION Of SUCH PREMISES AS OESCRIOCO HEREIN, OR AMY POM
TtOta OF SUCH pREMiSEa, REQUIRED AND DESCRIBED in SAID NOTICE. IT 15 FURTHER
UNDERSTOOD AND AGREED THAT L63aEE'S DAMAGES IN THE EVERT OF SUCH REPOSSESSION
SHALL BE LIMITED TO THE ACTUAL EXPENSES OF' LESSEE IN PUTTING 6A1D PREMISES
in SHAPE FOR PLANTING; THE LABOR, SEED, IF ANY, AND TRACTOR EXPENSES, USED IN THE
CULTIVATION OF SAID LAND, AND NO DAMAGES SMALL BE PAID OTHER THAN THOSE "Cat-
IN ENUMERATED.
�. THE LESSEE AORE£S THAT HE WILL PAT FOR ANY AND ALL DAMAGE$ 70
ANY UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURREO
BY HIS FARMING DR AGRICULTURAL OPERATIONS OR TO REPLACE ALL SUCH LINES IN-
JURED OR DESTROYED AS A RESULT OF HIS AORI•0" "URAL OPERATIONS.
7.• THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
BEING LEASED BY "IN.
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S. THE LLS$IM AGREES THAT THEY WILL TAME GOOD CARE Of THE PROPERTY
AND ITS APPURTENANCES, AHD SUFFER NO WASTE, AND SHALL KEEP THE 8AID PREMISES
114 GOOD REPAIR AT THEIR OWN EXPENSE, AND AT THE END Of OTHER EXPIRATION OF
T14L" TERM OF THIS LEASE, SHALL DELIVEII 4P THE DEMISES PREMISES IN GOOD ORDER
AND COIIDITtON, AS SANE ARE NOW IN, HATURAL WEAR AND TEAR AND OAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
9. THE LC$SC£ AGREES'NOT TO USE 3AiD PREMISES FOR ANY ILLEGAL OR
IMMORAL PURPOSES AND ACRECS TO CONFORM TO ALL THE LAWS OF THE STATE OF TEXAS,
THE UNITED STATtS, AND ALL RULER SET OUT BY THE CITY MIAt1AGER OF THE CITY Of
CORPUS CHRISTt, TEXAS, FOR THE OPERATION Of THE LEASED PREMISES.
10. THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES
ON THE DEMISED PREMISES; AND WILL NOT PERMIT 890NINO IN ANY PLACE WHERE
SUCH WOULD BE A VIRE HAZARD AND WILL AT ALL TIMES DISPLAY TWO SMOKING" SIGNS
WHERE 090 GRATED BY THE AIRPORT,ISANAarmr OF THE CITY OF THE CITY FIRE DEPART-
MENT.
11. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES
OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL ORDERS AIM
REGUIRENCUTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DCPARTMEIITO OF THE
CITY, FOR THE CORRZCT►ON, PREVENTION AND ABATEMENT Of NUISANCES IN, UPON, OR
CONNECTED WITH SAID PREMISES DUR►HO THE TERM OF THIS LEASE AT HIS OWN CXPENSCO
1E. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PIMHIStS AT ANY
TIME SUR►HO THE EXISTENCE OF THIS LEASE ran THE PURPOSE OF INSPCCTIND THt
BAMC IN ORDER TO DETERMINE WNETHER THE TERNS OF SAID LEASE ARE OttNO OBSERVED
AND CARRIED OUT.
13. THE LtBs£C FURTHER•AGREES THAT IN CASE Of ANY DEFAULT IN ANY Of
THE COVENANTS AND CONDITIONS OF THIS LEASC, THE CITY MAY ENFORCE THE PtR-
FORMANCC THERSOT IN ANV t3ODES OR MANNER PROVIDED Be LAW; AND MAY DECLARE THE
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I9A3E FOAfCITEO AT ITS DISCRETION, AND IT, ITS AGENTS, OR ATTORNEY SHALL HAVE
THE RIGHT, WITHOUT FURTHER NOTICE OR OEMAWD, TO RE -ENTER AND REMOVE ALL PER•'
SONS YNEREFROM, WITHOUT BEING OCE14EO GUILTY OF ANY MANNER Of TRESPASS AND '
WITHOUT PREJUDICE TO ANY RENEOICS FOR ARREARS Of AZHT OR BREACH OF COVENANT,
OR THE CITY, ITS ATTORNEYS OR AGEMTS,NAY RESUME POSSESSION OF THE PREMISES
=1
A" RE-LET THE BANE FOR THE REMAINDER OF THE TERN OF THIS LEASE AT THE
BEST RENT THEY MAY *STAINS FOR THE ACCOUNT OF THE LESSEE, WHO WILL MAKE
GOOD ANY DEFICIENCY$ AND THE CITY (LESSOR) SHALL HAVE A LIEN AS SECURITY
FOR THE RENT AFORESAID, OR ANY RENT DUE JOAO UNPAID UNOCR SAID LEASES UPON
ALL CROP'S, GOODSp WARES' CHATTELS► IMPLENENTSp FIXTURESS FURN►TUREY TOGLSj
AND OTHER PERSONALL PROP ERTY WHICH ARE HOW LOCATED ON SAID PREMISES OR
WHICH MAY BE PLACED ON SAID PREMISES BT THE LESSEE, WHICH LIEN SHALL OE
CUMULATIVE of THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO.
14. LESSEE AGREES TO SAVE AND REED HARMLESS THE CITY OF CORPUS
CHaaST►, TEXAS (LESSOR) FROM ANY AMO ALL CLAIMS OR DAMAGES OF ANY NATURE
WHATSOEVER DUC TO AIRY UEGL#GCNCE OF L&SSiE OR THEIR EMPLOY &ES IN'THE OPERA-
TION OF THE LEASED PREMISES.
15. THE CITY SHALL HAVE THE RIGHT AT ANY AND ALL TINES OF #NORM,
EGRESS AND REGRE" ON AND OVER SAID PREMISES FOR THE PURPOSE OF CONDUCTING
AUo CARRYING on AHY BUSINESS INCIDENT TO SAID AIRPORT OR ANT OTHER ACTIVITIES
OF THE SAID CITY.
WITNESS THE EXECUTION HEREOF IM TRIPLICATE ORIOINALS, &ACH OF W01CN
15 TO BE CONSIDERED AN ORIGINAL, THIS THE DAY OF
A.D. 1952.
THE CITY OF CORPUS CHRISTI, TEXAS
AkTTESTi By
W: . MtLiEX, CITY NARER
LESSOR
CITY TECPFTARV
:+PPFIOVW AS TO LEG%L FM:
CITY ATTorIEY
0
11CNAIR SROTHERS
H WrA IR
W. T. WHAIR
LESSEE