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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 35. -z