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HomeMy WebLinkAbout03527 ORD - 08/05/1953AN ORDINANCE AUTHORIZING- AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, 170 EXECUTE FOR AND ON BEHALF OF THE CITY A CONTRACT WITH WAYNE WARD, JR., LEASING CERTAIN LAND AT CUDDIHY 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. 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 WAYNE WARD, JR. OF THE CITY OF CORPUS CHRISTI, TEXAS, LEASING CERTAIN LAND AT CUDDEPIY FIELD TO BE USED FOR AGRICULTURAL PUR- POSES, 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 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 RESO- LUTION 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 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 rJ /J 7 DAY OF AUGUST, 1953• MAYOR mac_ THE CITY OF CORPUS CHRISTI, TEXAS ATTEST' r C1 Y ECR ARRY APP �.EAS. =EGAL M: CITY A ORNEY L -'15 2 -7 TSE STATE OF TEE COUNTY OF NUECES This Agreement made and entered into this the 28 day of _&J X_, A. D. i95S , by and between the City of Corpus Christi, Tsxaa,a municipal corporation, hereinafter called "City" and KWe ward, Jr. of Nuaces County, Texas hereinafter called "Sublessee ", WITiIESSElat The City of Corpus Christi, Texas does by these presents lease and demise unto the said Wavne Ward, Jr. , Sublessee, the following described premises, to-witt The land betweenand aurrounding the runways, concrete aprons and roadways at Cuddi y Field in Nueces County, Texas, container approximately 273 acres. The actual acreage shall be determined by the measurement of that hart of Cuddiby Field which is the area upon which is located the run- ways and which is unoccupied by buildim -s and subtracting from said acreage the acreage occupied by runways, concrete aprons, and roadways and the marginal lands thereof as designated by the Airport Msnager of the City of Corpus Christi, Texas. In the event such lands exceed 231 acres, the rental shall be calculated upon the actual acre- age so determined# for the term of 4.,m- yearg beginning A W4 . j ! 13Z_ and ending 32At�r l The Subleases is to pay therefore as rental one-fourth ( -J) gross yield of all cotton and cotton seed, and one -third 1113) gross yield of all seed and other crops raised upon such premises herein described during the terms of this lease, which shall be delivered free of all cost at the market of Corpus Christi, Texas. It is understood that when the crops are harvested on the premises herein described that Sublessee will give notice to the Airport Manager of the City that such crops are being harvested. This lease is subject to the following e - ditions and oovenantst 1. It is understood and agreed that the leased premises are to be used for agricultural purposes only$ and that premises are not to be used for any other purpose than these herein specified unless oorsented to by the City in writing. 2. It is rather understood that Sublessee shall keep a true and accurate book of accounts regarding all business matters pertaining to the 'above described cultivation of the premises hereby leased$ and such said books shall be open to inspection by the City, represented by the City Manager and/ or its Airport Mmager. 3. It is especially understood and Wood that the City may at any time by written notice repossess all or any part of the above leased premises for use as a airport or in connection with the operation of an airports and it is further understood and agreed that the City$ in the event of such repossessions shall be authorised after mailing such said writ- ten notice by registered mail$ to enter upon and take possess - ion of such premises as described in said notice. It is$ furthers understood and agreed that Sublessees damages in the gent of such repossession shall be limited to the actual expenses of Sub- lessee in putting said premises in shape for planting) the labor; seeds if any) and tractor expenses$ used in the cultivation of said land and no damages aha71 be paid other than those here- in enumerated. 4. Sublessee agrees to pay for any and all damages to any utility lines or equipment located on said land which may be incurred by farming or agricultural operations or to replace all of such lines injured or destroyed as a result of his operations. 5. Subleases agrees not to sub -let the lease premises or any portion thereof without the consent of the City In writing. 6.- The Sublessee agrees that he will take good care of the property and its appurtenances, and suffer no wastes and shall keep the said premises in good repair and at his own expense, and at the end or other expiration of the term of this is e, shall de7iv -a�r up the demised premises in good order and condition„ as same are now in. natural wear and tear and damage from elements Only excepted. 7. The Sublessee agrees to pay for all utilities used at the premises leaser by him. 8. The City reserves the right to enter the said premises at any time during the existonco of t'ais lease for the purpose of inspecting the same in order to determine whether the terms of said lease are being observed and carried out. 9. Sublessee agrees not to use said premises for any illegal or immoral purposes and agrees to conform to all of the laws of the State, the Unitedestates, and all rules set out by the City Manager of the City of Corpus Christi, Texas, for the operation of the leaa•.d premises. 10. The Sublessee shell not permit malt, vinous, or alcoholic beverages in the demised premises; and will not per- mit smoking on 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 Department. 11. The Sublessee shall promptly execute aril fulfill all the ordinances of the City of Corpus Christi ap- plicable to said premises, and all orders and requirements im- posed by the Board of Health, Sanitary and Police Departments, for correction, prevention and abatement of nuisances in, upon, or connected with said premises during the term of this lease at his own expense. " The Sublessee is to have the option to renew this lease at the expiration of said lease for such terms and condiserations as may be agreed upon by the City, it be- ing understood that this option is subject to and oontJAp ent upon the terms and conditions as set out in said lease fron the United States of America to the City under which the City is operating Cuddihy field. 13. Sublessee further agrees that in ease of any default in any of the covenants and conditions of this lease, the City may enforce the performance thereof in any modes or manner provided by law, and may declare the leas:: flrfeited at its desertion, and it, its aeats, or attorney, shall have the right, without further notice or demand, to re- enter and remove all persons therefrom, without being deemed guilty of any manner of trespass and without prejudice to any remedies and re —let the same for the remainder of the term at the best rant it may ;btainz for the account of the Sublessee herein, who seall make good any deficiency' and the City shall have a lien as security for the rental aforesaid, or -my rent due and unpaid under said lease, upon all crops, good, wares, chattels, implements, fixtures, furniture, tools, and other personal property ;rhich are now located on said premises or which may be placed on said premises b�- said Sublessee, which lien shall be m=7ative of the statutory lien created by law and in addition thereto. 14. The Sublessee shall store no materials or supplies in or about the said premises whicdi will increase the fire hazard or institute and unusual risk in that connection and lessee shall at all times use the premises in such a manner as not to endanger the property leased. 15. Sublessee agrees that in the event death or injury occurs to any person or loss, destruction or damage occurs to any property in connection ,.rith the maintenance, operations or repair of th:: leased premises and the facilities covered hereu- ndtir, oc;:a8ioncd by the act or omissions of the Sublessee herein, his agents or cmployas, the Sa�u saao agrees to indemnify and save harmless toe City ikon and against any loss, expenso, claims or r "_errands to which the vi.$y may be subject as the result of such dema As, loss, des. truction or damage. 16. The City shall not be responsible for damages to property or injury to persons which may arise inci- dent to the exercise of the rights and privileves herein grant- ed. 17, It is expressly understood and agreed by the parties hereto, that this lease is subject to a lease by the United States of America to the City of Corpus Christi, Texts, permitting the use of U. S. Nav,,J Auxiliary Air Station, Cuddihy Field, Cor_nas Christi, idu ces CMMty, Texas, or _; port- ion thereof, thereby, and s: : Id lease is contiruont on such lease with tho United States of America end the terms there- of, and all rights of the lessee are subject to the terms of said lease with the Unit ^d States of AnLrica, _L24 it, is further agreed that the City is not to be leable , in any manner for damages of any nature, for sexy tei airation of this lease or Changes of the rights of the Sublessee, by virtue of any action taken by the United States of America or their agents by virtue of aforesaid lease.. 18, Sublessee further agrees to keep and main- tain in fall force during the term of this lease and in companies acceptable to the Cityt PUBLIC LVOILITY INSURANC1; IY7 THE AMUNT OF FIFTY THOUSAND AIM O/100 ($501000) DOLLARS. Such polici-s shall specitieul y insure the obliga- tion undertaken in Para_,raph 19 hereof and shall not contain a subrogation clause which could in nn way encwn:er the said City or the United States of A;:,erica. 19. It is further understood ind agreed that should the lease held by the City from the Un3.t6d States of America, coverine, the prihperty hereby subleased, the terrin- ated or Surrenelered by the City back to the United States of r�, riea, then, in such c+ean, hiz lease shall terdnate and the City is not to be leable, in any manner for damages of any nature by reason of the Oit;,}s surrender of its leaso to the United States of America or the termination of same. However„ it is understood and, a,,rooLl ' 3:at there is to be no manner of liability on the part of the City for the termination of this leaso for such reason. 20. This contract contains provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreement. EsXWUT'LD IN 'FRIPLICAT -, This the day of A.D. 1953, ATTESTt CITY O:' CJRPM CEiR STI, T�,20 City Secretary APPROV-D AS TO LEGAL F kt iS City Attorney THE STATE OF TEXAS COUI+PPY OF UMCIZ By City 14w alter SUBiF5 " , 's j� way— ' , Jr. BIt:F R-w IE, the undersigned authority, on this day persor,0My appeared Yr. 6dayae ?lard, Jr., known to no to be the person whose name is subscribed to the foregoing instrumeizt and acknowledged to me that he executed the same for the purposes and consideration therein expresz -xu. GIVE! WMER W HAND AIID S. AL OF O &'FICE, This theday oi�,A.D. 1953. NOTARY PIMLIC in and for Ikoces County, Toxas Ta, STATE OF Ti? & COUM of NUECES IMF RE IE, The uniersi�,;ned authority, on this day personany appeareu Russell E. moClure, city manacer of the City of Corpus Christi, Temws known to me to be the person wr_ ?oW a name is Tubscrilbeu to the forogoing instrument and ao$nowledged to me that he a wcuted the sane for the purposes and coasidoration theream exprossod, in the capacity therein stated and as the act and deed of said City. GIVFM L' P971' DIY MUM M) Si::AL OF 051-4E' This the day of .A. D. 1953 NOTARY PUBLIC in and for Nneces County, Teas CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 1953 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION 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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR u" -7�- CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY O JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 3 5 ;��