HomeMy WebLinkAbout03552 ORD - 09/23/1953AN ORDINANCE NO. 3552
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH J. D. SPARKS
COVERING 420 SQUARE FEET OF LAND SOUTHWEST OF BRANIFF AIRLINES'
CREW CHIEF'S OFFICE AT THE CLIFF MAUS AIRPORT AS MORE PARTICULARLY
DESCRIBED HEREIN FOR AND IN CONSIDERATION OF RENT IN AN AMOUNT
EQUAL TO THREE PER CENT OF THE GROSS RECEIPT INCOME RECEIVED
DURING EACH MONTH, SAID AMOUNT BEING PAYABLE ON THE FIFTH DAY
OF EACH AND EVERY MONTH NEXT SUCCEEDING DURING THE TERM OF THE
LEASE RUNNING FOR A PERIOD OF ONE YEAR IN CONNECTION WITH THE
AIRLINE COMMISSARY SERVICE CONDUCTED IN THE CUISINE BUILDING
LOCATED ON SAID PREMISES AND OWNED BY SAID J. D. SPARKS, UNDER
THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF WHICH IS
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 BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A LEASE AGREEMENT WITH
J. D. SPARKS COVERING 420 SQUARE FEET OF LAND SOUTHWEST OF BRANIFF AIRLINES'
CREW CHIEF'S OFFICE AT THE CLIFF MAUS AIRPORT AS MORE PARTICULARLY DESCRIBED
HEREIN FOR AND IN CONSIDERATION OF RENT IN AN AMOUNT EQUAL TO THREE PER CENT
OF THE GROSS RECEIPT INCOME RECEIVED DURING EACH MONTH, SAID AMOUNT BEING PAYABLE
ON THE FIFTH DAY OF EACH AND EVERY MONTH NEXT SUCCEEDING DURING THE TERM OF THE
LEASE RUNNING FOR A PERIOD OF ONE YEAR IN CONNECTION WITH THE AIRLINE COMMISSARY
SERVICE CONDUCTED IN THE CUISINE BUILDING LOCATED ON SAID PREMISES AND OWNED
BY SAID J. D. SPARKS, UNDER THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE PUBLIC IMPORTANCE OF PROVIDING AFORESAID FACILITIES
AT THE MUNICIPAL AIRPORT AND OF DERIVING REVENUE FOR THE UPKEEP OF SAID FIELD
AT ALL TIMES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE-
QUIRING 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, DECLARING 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 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT
FROM AND AFTER THE DATE OF ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED
THIS THE DAY OF SEPTEMBER, 1953•
ATTESTS %/�
CITY $EGRET AR
APPRK ED AS S0 LEGAL FORM:
i
CITY ATTORNEY
MAYOR, CITY OF--CORPUS CHRISTI, TEXAS
3552
THE STATE OF TEXAS � KNOW ALL MEN BY TW-SE PRESEN15:
CdUNTV OF cEs
THIS LEASE CONTRACT, MAO£ AND ENTERED INTO THIS DAY OF
SEPTEMBER, 1953, SETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL [DR-
PORAT1Oh, HEREINAFTER CALLED LESSOR, AND J. U. SPARKS, A RESIDENT OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, MEREINAFTER CALLED LESSEE.
WITNE5SETN:
THAT LESSORSY THESE PRESENTS DOES HERESY LEASE AND DEMISE UNTO
Lessee THE FOLLOWING DE13CRISED PREMISES AT CLIFF MAUS FIELD, CORPUS CHRISTI,
TEXAS, TO -WIT:
8E1NG AN tRRE6ULAR PLAT OF GROUND LOCATED 10 FEET SOUTHWEST
OF BRANIFF "ARLINES' CREW Cmi EF'S OFFICE AT THE MUNICIPAL
AIRPORT, CORPUS CHRISTI, TEXAS, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWEST PROPERTY LINE DF THE
MUNICIPAL AIRPORT, SAME BEING THE SOUTHEAST 80UNDARY OF THE OLD
$RDWN9YiLtE ROAD. FROM WHENCE THE SOUTHWEST PROPERTY CORNER OF
THE AIRPORT SEARS SOUTH 43 DEG- 05 MIN. WEST, A DISTANCE OF
4646.13 FEET;
THENCE SOUTH 46 aria. 55 MIM• EAST, A DISTANCE OF 75.7 FEET
TO THE NORTHWEST CORNER OF THIS LEASE AND THE SEGINNING OF
THIS SURVEY;
THENCE SOUTH 46 DEG- 55 MIN. EAST, A DISTANCE OF 12 FEET TO
A CORNER;
THENCE SOUTH 43 DEG. 05 MIN. WEST, A DISTANCE OF S FEET FOR
A CORNER;
THENCE SOUTH 46 DEG. 55 i11N. EAST, A DISTANCE OF 17 FEET
FOR A CORNER;
THENCE NORTH 46 DEG. 53 MIN. WEST, A DISTANCE OF 29 FEET FOR
A CORNEA,
THENCE NORTH 43 OED. 055 MIN. EAST, A DISTANCE OF 18 FEET TO
THE PLACE OF SEGINNING;
CONTAINING 420 SQUARE FEET OF LAND,
UPON THE FOLLOWING CONDITIONS AND COVENANTS, TO -WIT;
FIRSTa THIS BU1LOiN0 AND FIXTURES THEREON SMALL REMAIN THE PROPERTY
OF THE LESSEE AND SHALL BE REMOVED BY THE LESSEE AT HIS OWN EXPENSE UPON TERMI-
NATION OF THE LEASE AGREENEMT CONTAINED HEREIN.
LESSEE, SMALL AT HIS OWN EXPENSE, PROVIDE ADEQUATE SEWAGE FACILITIES
AND OTHER UTILITIES NECESSARY FOR USE.
SECOND: THE TERM OF THIS LEASE SMALL BE FOR A PERIOD OF ONE (1)
YEAR, COMMENCING AUGUST I, 953 AND ENDING JULY 31, 1954, AND AS CONSIDERATION
THEREFOR, LESSEE AGREES TO PAY TO LESSOR NOT LATER THAN THE FIFTH (5TM) CLAY
OF EACH AND EVERY MONTH, RENT IN AM AMOUNT EQUAL TO THREE PER CENT (3%) Of
THE OR005 RECEIPT INCOME RECEIVED SURING THE PRECEDING MONTH IN CONNECTION
WITH THE AIR LINE COMMISSARY SERVICE CONDUCTED IN THE SAID CUISINE BUILDING
THIRD, SHOULD, THERE, AT ANY TIME, BE ANY DEFAULT IN THE PAYMENT
OF ANY RENT, OR IN ANY Of THE COVENANTS HEREIN CONTAINED, THEN IT SHALL BE
LAWFUL FOR THE LESSOR TO DECLARE THIS LEASE CONTRACT CANCELLED AND TERMINATED,
AND TO RE -ENTER SAID PREMISES AND REMOVE ALL PERSONS THEREFROM WITHOUT PREJUDICE
TO ANY LEGAL REMEDIES WHICH MAY BE USED FOR THE COLLECTION OF RENT, ALL AND EVERY
CLAIM FOR DAMAGES, FOR OR BY REASON OF SAID RE -ENTRY BEING NERE&Y EXPRESSLY
WAIVED.
FOURTHC AT THE EXPIRATION OF THIS LEASE, LESSEE AGREES TO QUIT AND
SURRENDER THE SAID PREMISES IN AS GOOD STATE AND CONDITION AS A REASONABLE USE
AND WEAR THEREOF WILL PERMIT.
FIFTH: LESSEE IS HOT TO SUBLET THE SAID PREMISES, OR ANY PART THEREOF,
WITHOUT WRITTEN PERMISSION FROM LESSOR.
51XTHT IT IS EXPRESSLY AGREED AND UNDERSTOOD BY AND BETWEEN THE
PARTIES MERETD, THAT THE LESSOR SHALL HAVE, AND BY THIS CONTRACT HAS A VALID
FIRST LIEN UPON ANY AND ALL OF THE 600050 FURNITURE, CHATTELS OR PROPERTY OF ANY
DESCRIPTION BELONGING TO THE LESSEE AS A SECURITY FOR THE PAYMENT OF ALL RENT
DUE OR TO BECOME DUE, AND AMY AND ALL EXEMPTION LAWS IN FORCE IN THIS STATE BY
WHICH SAID PROPERTY NIGHT at HELD, ARE HERESY EXPRESSLY WAIVED.
SEVENTHI IT 15 EXPRESSLY AGREED AND UNDERSTOOD THAT THE BUSINESS CON -
DU{TE0 ON THE HEREIN DESCRIBED PREMISES SHALL BE THAT OF OPERATINM AN AIR LIME
iN
COMMISSARY SERVICE AND LESSEE AGREES. NOT TO ERGAOE/ANY OTHER TYPE Of BUSINESS OR
INDUSTRY ON SAID LEASED PREMISES, PROVIDED, HOWEVER, THAT IN THE EVENT ANY OTHER
PERSON, FIRM OR BUSINESS OPERATING UNDER CONTRACT WITH THE CITY SHALL ENGAGE IN
IN COMPETITION WITH THE LESSEE,, THEN AND IN THAT EVENT, LESSEE SHALL BE PRIVILEGED
AND IS HEREBY GIVEN EXPRESS PERMISSION TO OPERATE AND CONDUCT A RESTAURANT OR
CAFE ON SAID PREMISES.
-2-
EXECUM Ix DUPLICATE ORIQIMAL AT CORPUS CHRI$T1, TEXAS, ?MIS
RAY OF SEPTENaER, 1953,
CITY OF CORKIS CHRISTI, LESSOR
By
ATTESTi EITY WrWAGER
CITY SCCRETARY
APPMED AS TO LEGAL FORK:
CITY ATT9RRtM
.3-
J. . SPARICS
CORPUS CHRISTI, TEXAS
r,
1953
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
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 THIS
ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT
MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
CITY OF CeRPUS CHRISTI, TEXAS
r
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 L
ELLROY KING
/.
P. C. CALLAWAY L \
JAMES A. NAISMITH
W. JAMES BRACE
r
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