HomeMy WebLinkAbout03536 ORD - 08/19/1953AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH
JOE H. BAKER LEASING TO HIM SUCH TRACT OF LAND CONTAIN-
ING 70.00 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM
AND GARDEN TRACTS FOR AGRICULTURAL AND FARMING PURPOSES
FOR THE TERM OF ONE YEAR FOR AND IN CONSIDERATION OF ONE
FOURTH GROSS YIELD OF ALL COTTON AND ONE -THIRD GROSS YIELD
OF ALL OTHER CROPS RAISED THEREON, UNDER THE PROVISIONS
OF SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERE-
TO 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 BE AND HE 15 HEREBY AUTHORIZED FOR
AND ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH JOE H. BAKER
LEASING TO HIM SUCH TRACT OF LAND CONTAINING 70.00 ACRES OUT OF THE FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS FOR AGRICULTURAL AND FARMING PUR-
POSES FOR THE TERM OF ONE YEAR FOR AND IN CONSIDERATION OF ONE- FOURTH GROSS
YIELD OF ALL COTTON, AND ONE-THIRD GROSS YIELD OF ALL OTHER CROPS RAISED
THEREON, UNDER THE PROVISIONS OF SAID LEASE AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF.
SECTION Z. THAT THE NECESSITY OF DERIVING REVENUE FROM CITY OWNED
PROPERTY IMMEDIATELY AND UNTIL SAME MAY BE USED, IN THIS INSTANCE, FOR PARK
PURPOSES TO THE BENEFIT OF PERMANENT PARK IMPROVEMENTS OF THE CITY OF CORPUS
CHRISTI, TEXAS, 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 "i HREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING RE-
QUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED
FINALLY ON THE DATE OF ITS INTRODUCTION, AND THAT SUCH ORDINANCE OR RESOLUTION
SHALL BE READ AT THREE SEVERAL MEETINGS, AND THE MAYOR, HAVING DECLARED SUCH
EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID
CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS IN-
TRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED,,, HIS HE 19TH DAY OF AUGUST, 1953•
ATTEST /% MAYOR
CITY F CORPUS CHRISTI
CITY SECRETARY,',"! �
APPROVED AS 4 LEGAL FORM: l/
6 MAM 4�
FOF CITY ATTORNEY/
"LWWY or, ".i ens,,
11M �C1.EMFI made and aastand Into this t ploy of
August. Ir-L. by 406 bstsaean UW City of "orpas Christi, TOM. a mulci-
Pat cvxporatton OrPsisOd 444 eexlst;.aV raader oaad 4y rirtiDe of ilia lows
Of tbo ,Mato o$ TQxas, actiev herein by am throuqu its duly Osi"Ori
�'°It,y 'for, t'rassell L. M4cluvo' hereinafter called "'(.,Ity ". and sae 31.
tl&k t. Of NaOaes rAiUOLy, :races. hereinafter Called "JASSeO ".
Abe -'Ity of f4rpus Claristi. Tolls, do" " these present#
lease and dmiso uvtia the $ari JOe :d. P30ker. rAssoe. the follaecing rcrib-
irroais4S. Ioaated Brut b+etag sitraatod In '%tires O"at t, Texas,, t"It:
A tract of land +5ottatainim; 7�. W acres, situated
In 1Awoces "Aunty, Toms. an the mate" of K .
an Inlet or am of t "pus Chrtsti %Y. about G "sides
S 250 E from the f4unty Gounboose. 1,414 70.00 nacres
tract is in the Piman del Oze Arent to Eart(lue
Villarreal. Abstract 1. and ore mcees a scrap portion of
that nOrtb corner of Eat 1. In Fractional -ioction 29. and
all of [At$ 6. 7. and 1% the awmb aorst Portions of Lots
19.:x, OW 21, and tiro amt lot lyiaag northeast
of loot 0 sad southeast of Lot l". In Fractional !Action
17. all to the Floor Muff and ractual Fam and Nrdon
Tract, all as acre particularly described in that car.
taro dead from l.. C. RAmireus, Trustee to ilia City of
Corpus "Tnrlati. tutored to Volume ."2. page 532, tired
Records of 'h+*m reannty. 'fans as. to which referoam is
hereby wade for all parttaeatt purposes.
for the terra of awe your, begivaing 5eptembar 1, M. and soling August
:11. l9 ".,4.
The LAStOO Is to pay tlaeerefor as rental onaa- foorth (1/4) gross
Yield of all cotton and Comm Bond. and aaao-tklxd 11/3) gress yield of all
SOOd and *that crops raised up" such promises hearOiu described during the
ter+, of this lasso, Which shall be doliverod fraa of all Crest at the market
of Corpus rhrlaati, TOW. The rite's pro rata portion of all Craps sold shall
b* paid to the rAty Immediately upon male of such crops by payruaat to the City
Controller. it Is understood that whom the craps are ha v aced an the prresism
herels described that the Lessee shall give notice to the City anger of the
City that such Crops are being hsrv**W.
-I-
This tease is subject to the felltmdaa€g ceaaditions god eaveo.
ants$
I. It is understood and agrood that the le*asd pra*alses are
to be used for ar$ricultural parposes only. and that px tiaas are not
to be used for any eater purpose there these hareju specified unless Me-
aaaut*d to by the City in writing.
4. It is further understood beat lesas*e *boll keep at truao and
wrate boo of accounts ratriardinq all ,sines latter$ pertaining to she
lie detscrihaad cultivation of titer pnv dsos heresy loosed. and such sold
books shall, btu atpe$a to Inspection by the city. represented by the Qt}
31to wor a0vor its t.oatroliar,
Z- It Is Mac of ly amlOrstood taut a g rood that the -pity may
at any time by written notice "Passoss all or any part of the above Inosed
prelises for ;a$Q 45 a park or for park purpose's at it connection tbeetwit4r.
aud it is furtuer understood and a that the city in the event or such to-
paase&slatn sttsll 's. 10 outhoriase;a, after zxaailawl sucer, aai vrrittou notlm by tregla3-
tared mail to censer upvo and take %$session of such preaalses as desorlbod here-
to or ataag portion of such pre - tines. and a`oc rik3aa err soies raatice. it is fur -
t6er eaatdasstood and &$item,$ that erssov's fdwta", s in the event of such reposses-
siaan shall be limited so the actual expenses of losses In putting sold promises
In shape for pl*atir.r7, the labor. sfta d. if rang, W trsattor expenses usel In
1149 carltivaati oi said land, and ao a3 teas shall be ysW ether trans. these"
face Ono o ntaaerated; su6t asaount of alstw,-Vl to be deteraiaaad by three sorsisers.
cane Of rdaom is to tae appointed by the ''8 kg, one by Lessee, and the third to
be appointed by ilia first two appulsors. sad the seam arrived at by these
ap-
pxoism shall be t }Sr r,: "a cite parties toreto.
1. Leaasft &grades& to pad for any one all danages to any utility
,tines or eWipkawt, located an sold lead whit& may be incurred by his farmiag
at agricultural spmmHoas or to replace all of such lJoe s Injured or destroy-
ed as a result of his eperatloaes.
Lessee wjrMW not to sublet the leased pre asses or any portion
tbarsaf Ulthout the consent of that Pity in writing.
6. The losssee spew that he will taiga+ good tore of the property
and its appuxteu*aacos. and sutfor ear waste. *sal &!tell kW the sold promises
. ..
in good tvaAir at his anises expense. sane, at the ead or other eviration of the
t of this base. shall dolimr up the doMeed pt4aises is ;wed osier and
condition. as son are ago in. natural war and tear and damage fun the elee
its Only eptr -
7vo® lesson agsooa to lr for all utilities :aced at the pxeeaises
loosed tT bia.
r TW .City reserves tho rl -lit, to cater tho saki promises at
8ny t -Scat cgvinn, the ' "Xfi3tence o tail lcxse -Zoo iho pti ,'",v of iaaalat Unc U*
s In order to deter -tine ad at'rar the + e of tiAs lw,.o are `vin�j obsorwd
sax' asarried out.
4. Lessee agrees not to noes said pmIsts for wV illegal or i
Mral eases and awns to co.jfor4 to 2 .J of t lws -It t'v 7tate of 'reams.
the l nital °^w ftt,es, vxl, all =10,0 sz*l *v !ry t e a , la ,Var of the %it° of
=:otvoa 11rl.sti for the operstl:ra oP the leases', ptsralscts.
1, - 7,1* lessee, 01011 Mt pmnft ;,1t, ;s-ws or aloobolic 1�evemov
Flu.n tim doat sa;a3 pra.31 sos; as d .x 111 = par:d', 5:�7:"i".3 M"' :ir "0,a :110ce NYove rt"rh
ssoaald be a fire harm:: awd will at all tivz display 'Mi 1r140klaj' signs share
desionatod avv to -ty kiaji tr or ilea u : 13 fl"satFC;si2#
11. :ho Tassea will praam'.1, ax onute avaf aalxili all tlw erdi-
nano" of taco City Of r,,$rwe r,hristf applicable to said prwises. and all
orders and retpl2aa.=ts NafW by that :)swath, 34uita.1$3 and tanl;ae tom..
amts. for the aaaxvaaiioa. prevention. easel ;Auatoawt of nuizanew In. upon,
Or OS tad With said : VMjSeS dar ng tho teia of this lease eat his $ens a*-
ponse.
12. The Lease* is to h*vo the opti$s to renew this loss$ of the
OViretiou of said leans* 'as assc:l tares and ateasideraatloo as M7 be woroOd
upon by tw —Ity.
13. L saae Y arthcr agrees that iw easo of w default as any of the
toveuauls Sad condition of this lease, the city .say enforce this petrel ace
them ,r In assay .as des -or manor providW by Ira, sand any declare the lease
forfeited of Its Jiscraat oo. aW it, its Masts or attorneys. shall have
tires rfalr., arltisaaat farthasr natico or daraxand. to re -enter and rowovo all
persons thor$fto a. arithont being deal Tillty of any wanner of trespass
and vithout ko udice to any raarawraci os for aarrrears of sent o7e'are+>rsrch of eavesaaat
or the City. Its a rgoats or ottearAWs, max, resume possession of The praaisea
and to -lot the saran for the remainder of the teem at the beast rent It my ob-
toiaa, for the court of tPsc i,oseee herertr, sba shall make good er, clefideeacy;
rants the ;it1a s° °:aI1 hm-C as lien as security for the rc"atai aforesaid. or my rest
Oue a:nO supMMd surer sell lem+se, sappn all traps. joals. tram. chattels, fopte-
aeuMs. f ixturea. iuxat.ure, twig. and *that personal prsytersty vhleb are area
i`fleetod an laic „ *mi>;sez or'wbieh tray' i,n plea:cd tap auld, r3*_'aalses ha said
imsee, €bleb lien shall L ;aa raa"datiue of LI& statutory lie" createsi kv
lay ftmi In it: €Ittiml thomto,
lei. ana *,.aassme sisail store ao exateariaals or lies in or about
th.e s4id prmises which will tatatreaese the fire hamd at institute as un-
usual rw to that mawetion a we see stall at a*l? tins osae the paLeraisee
in sae,`: =asw na sent to emw�inn r tree prwewtq lens*ss3.
.i,, l-,A�tsseo a- Yjraes w at io t r eveat loath or latpxaa- ec'mrs to
any pars, car loss, destrruetion or raaaam ,3er oa u s to stay property i", tS m aot-
Lim ultw : %as niatownco, ra, ratisaaes sat ar~ajaaU +a" tlae Item Prod os awl
the facilitios emvcatm3 heteasaeaier. srreasz a 4y Tbo art or omissiou of the
lAs3ft 'rororu, a: agents or mploymes, "I'm t.ars,.+arr va Vma to 9izjd mlfy aru"
save liaralosa tLo a ft; irea .nay ;ajuiaast says less. v.Vcaases, clzi= or 1erasands
to w'.aictk the �4ty tae su'blett, as tine result of smh 40uaWd. less. sieStrauc-
Lion at 44m;o.
16. The L'Jts Shall snot !to ae -3pV3 LAv for domnpeas to pr "arty
or isjuzy to porssna w3t:f -s`:t vvy asiser I'tiol est to the exercise of the riubtsa
are; privfltr�ss taeia: xaxater?,
17. TUS caaa read asoataius paroviiOAM aVOW UPOU by tba iaaaaea.iea$
Wrs<ato and displam all previous vOrb l m4 oral a OMUts.
1 T IN cscta ari'tb the fmti,,o of an original, 0149 the
s; of -tas l tat, 2'-' .
T11, CM OF MKS MR15,01
ATT-
Russell E. Lao , ate. City Maagee'
City 5+ueareetaar7
APPWM AS Trt MXAL %ids
�LN" - LtSSEE
MY "Attolw BY
C
CORPUS CHRISTIy TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
1953
FOR THE REASONS SET FORTH 1N 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 15
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 TH15
ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT
MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
CITY OF CORP CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES A. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY �' l
JAMES A. NAISMITH
W. JAMES BRACED
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