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 ;��