HomeMy WebLinkAbout03833 ORD - 08/11/1954LMB:NP 6 -11 -54
ORIGINAL
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS TO EXECUTE
A LEASE AGREEMENT WITH J. S. JOHNSON, COVERING 19.849
ACRES OF LAND AT CLIFF MAUS MUNICIPAL AIRPORT FOR FARM-
ING AND AGRICULTURAL PURPOSES, FOR A TERM OF ONE (1)
YEAR FOR AND IN CONSIDERATION OF ONE- FOURTH (1/4) GROSS
YIELD ON ALL COTTON AND COTTON SEED AND ONE -THIRD (1/3)
GROSS YIELD ON ALL OTHER SEED AND CROPS RAISED ON SAID
PREMISES, PLUS A CASH BONUS TO BE PAID ON OR BEFORE
OCTOBER 15, 1954 AS AN ANNUAL RENTAL OF THREE DOLLARS.
($3.00) PER ACRE FOR THE SIXTEEN (16) TILLABLE ACRES
IN SAID TRACT, BEING AND AMOUNTING TO FORTY -EIGHT DOLLARS
($48.00), UNDER THE TERMS AND CONDITIONS OF SUCH LEASE
AGREEMENT, 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 I. THAT THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A LEASE
AGREEMENT WITH J. S. JOHNSON, COVERING 19.849 ACRES OF LAND AT CLIFF MAUS
MUNICIPAL AIRPORT FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF ONE (1)
YEAR, FOR AND IN CONSIDERATION OF ONE- FOURTH (1/4) GROSS YIELD ON ALL COTTON AND
COTTON SEED AND ONE -THIRD (1/3) GROSS YIELD ON ALL OTHER SEED AND CROPS RAISED
ON SAID PREMISES, PLUS A CASH BONUS TO BE PAID ON OR BEFORE OCTOBER 15, 1954
AS AN ANNUAL RENTAL OF THREE DOLLARS ($3.00) PER ACRE FOR THE SIXTEEN (16)
TILLABLE ACRES IN SAID TRACT, BEING AND AMOUNTING TO FORTY-EIGHT DOLLARS ($48.00),
ALL AS MORE FULLY SET OUT AND UNDER THE TERMS AND CONDITIONS OF SUCH LEASE, A
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY OF DERIVING REVENUE FROM CITY LANDS FOR
THE UPKEEP THEREOF AT ALL TIMES, NECESSITATING THE IMMEDIATE EXECUTION OF SUCH
LEASE, 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 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 ITS PASSAGE, IT 13
ACCORDINGLY PASSED AND APPROVED, THIS THE _DAY OF AUGUST, A. D., 1954.
AT T'
�'
MAYOR
j c� t _ THE CITY OF CORPUS CHR4T I
'GYTY SEC ET
APPROVE AS TO ..GAL FORM:(' Q s�
TOR o ��l
Corpus Christi, Texas
lqur'A
TO THE MEMBERS OF THE crry co m,1L
Corpus ChxAfxA, Texas
Gentlemen.-
For to the emergency clause of the
foregoing ordinance, ce, z public em 'r�jency Did imperative necessity exist
for the suspension of the C.artez rmle sir requirement that no ordinance
er resolution shall be passed finally ,,FT the data., rt is introduced,
and that such ordinance ex res*lLtivrA 0hall be read it three meetings
of the City Council; 1, therefore, hereby requ-1- t ' a " that you sLspend said
Charter rule or requirement and pass this ordinance finally an the date
it is introduced, or at the present mectiiig of the City Council,
Respectfully,
MAYOR
CM, CE CORPUS CHRISTI, T"
The Charter rule was suspended by the fallowing vote'.
P, C. Callaway
L.3216Y
James S. Nausmltb
W. James Brace
F. P. Pierson, Jr
The abtve by the following vote.
F, C. Callaway
Ellroy King
James S. Naismith
d. James Brace
F. P, Jr
u53
„ EWSrNP 8 -10 -54
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NULuLS
THIS AGREEMENT MADE AND ENTERED INTO THIS THE OAT OF AUGUST,
A.D., 1954, BY AND BETWEEN THE CITY OF CaRPUs CHRISTI, TEXAS, A MUNICIPAL
CORPORATION, StREINAPT_R CALLL-0 "CITY`, ANC JOHNSON, OF NUECE'.S COUNTY}
TEXAS, HEREINAFTER CALLED LESSL”,
W E T N E s 3 E T N I
THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE
UNTO THE SAID J. S. JOHNS7N THE FOLLOWING DESCRIBCD PREMISES, TO-WIT:
;,PFROXIMATELY Ig.A-4 :7 AIRES 3F LAND IN THE FORM OF A
TRIANGLL LOCATED AT THE CLIFF MAUS MUNICIPAL AIRPORT
AT THE CORNER OF HORN "!OAD ANO RABBIT RUN ROAD, AND
O .I,
BEING THE SANE 19. :,�F, 91 ;_fiE7OFGRE LEAS EU TO
LEASE€ BY THE CITY BY AGREEMENT OF SEPTEMBER 1, IM,
FOR A TERM OF ONE (I) YEAR, BEGINNING SEPTEMBER 16, 1954 AND ENDING SEPTEMBER 15,
1955, SUBJECT TO THE FOLLOWING CONSIDERATION, COVENANTS, AND CONDITIONS, TO -WIT:
I. THE LESSEE 19 TO PAY THEREFOR THE FOLLOWING RENTAL AND CASH BONUS
TO AF PAID AS FOLLOWS:
(A) A RENTAL PAYMENT Of ONE- FOURTH (1/4) GROSS YIELD Of ALL
COTTON AND COTTON SEED, AND 'ONE -THIRD (1/7) GROSS YIELD OF ALL
SEED AND OTHER CROPS RAIDED UPON SAID PREMISES HEREIN D ESCRIBED
DURING THE TERM OF THIS LEASE SHALL BE DELIVERED FREE OF ALL
COST AT THE MARKET Of CORPUS CHRISTI, TEXAS, TO THE CITY Of CORPUS
CHRISTI BY LESSEE, J. S, JOHNSON. IT IS UNDERSTOOD THAT WHEN THE
CROPS ARE HARVESTED ON THE PREMISES HEREIN DESCRIBED THAT SUCH
LESSEE WILL GIVE NOTICE TO THE AIRPORT MANAGER OF THE CITY THAT
SUCH CROPS ARE BEING HARVESTEO.
16/ IN ADDITION THERETO, LESSEE AGREES TO PAY AS A CASH BONUS,
A kENTAL OF THREE DOLLARS ($3.00) PER ACRE FOR THE SIXTEEN (16)
TILLABLE ACPfS IN SAID TRACT BEING AND ANOUNTIN41 TO FORTY -EIGHT
DOLLARS ($48.o0 ).
SUCH ANNUAL RENTAL TO BE PAID ON OR BEFORE: THE 15TH DAY OF OCTOBER, A.D., 1954.
2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO
OC. USED FOR AGRICULTURAL PURPOSES 17NLY. THAT SAID PREMISES ARE NOT TO BE
USED FOR ANY CTHER PURPOSE THAN THESE HcREIN 5Fr CIFIEO UNLESS CONSENTED
TO BY THE CITY IN WRITING.
3• LE55EE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY POR-
TLON THEREOF WITHOUT THE CONSENT OF THE 'CITY IN WRITING.
4. IT IS FURTHER UNDERSTOOD THAT L�SSLE SHALL KEEP A TRUE AND
ACCURATE BOOT( OF ACCDUNTS RE.GARD+NG ALL BUSINESS MATTERS PERTAINING TO THE
ABOVE OESCRIBED CULTIVATION OF THE PREMISES HEREBY LEASED, AND THAT SUCH
BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY, REPRESENTED BY THE CITY
MANAGER AND/OR ITS AIRPORT MANAGER.
.3c • IT 1;, £.SPEI;IALL.Y kINDLRSTOOD AND AGREED THAT TINE 0TY MAY AT ANY
TIME BY WRITTEN NOTICr, REPOS`ir.: i A..1. MR AN'+ "ART Of THE ABOVE LEA: -ED "REMISES
FOR USE AS AN AIRPORT OR �N CONNECTION e11TH THE OPCRATION OF AN AIRPORT, IN°
CLUOINB THE IMPROVEMENT THEREOF AND CONSTRUCTION OR IMPROVEMENTS THEREON,
LOCATION OR REi.00ATLON .sF RUNWAY3 AN-' OTHER INSTALLATIONS, AND IT' IS FURTHER
UNDERSTOOD ANL' A.SRECD THAT Tilt CITY, IN THE EVENT OF 3UCN RE'OS5r55lOH} SHALL
BE AUTHORIZED AFTER MAILING SUCH SAID WPi TTEN NOTICE BY REGISTERED MAIL, TO
ENTER UPON AND TAKE POSSESSION OF SUCH PREMISES AS DESCRIBED HEREIN, OR ANY
NORTION OF SUCH PREMISES, REQUIRED AND OF.SCRISED tM SAID NOTICE, 11 15 FURTHER
UNDERSTOOD AM:: AGREED THAT LLssi:C S DAMAGES IN THE EVENT OF SUCH REPOSSESSION
SHALL BE LIMITED TO THE ACTUAL EXPENSE5 OF LESSEE IN PUTTING SAID PREMISE$
IN aHAPE FOR PLANTING; THE LABOR, SEED,. IF ANYy AND TRACTOR EXPENSES, USED iH
THE CULTIVATION OF SAID LAND, AND NO DAMAGES SHALL BE PAID OTHER THAN THOSE HERE-
IN ENUMIERATED.
G. THE LESSEE AGREES THAT HE WILL PAY FOR ANY AND ALL DAMAGES TO
ANY UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURRED
BY MIS FARMING OR AGRICULTURAL OPRATJOMS OR TO REPLACE ALL SUCH LINES INJURED
OR DESTROYED AS A ft,SULT OF HIS AGRICULTURAL OPERATIONS,
7. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
BEING LEASED BY HIM.
_2T
8. THE LESSEE AGREES THAT HE WILL TAKE ROOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTE, AND SMALL KEEP THE SAID PREMISES
IM GOOD REPAIR AT NIS OWN EXPENSE, AMD AT THE END OF THE EXPIRATION Of THE
TERM OF YMIS LEASE, SMALL DELIVER UP THE DEMISES PREMISES IM 4000 ORDER AND
CONDITION, AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
9• THE LESSEE AGREES NOT TO USE SAID PREMISES FOR ANY ILLEGAL OR
IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS OF THE STATE OF TEXAS,
THE UNITED STATES, AND ALL RULES SET 06T BY THE CITY MANAGER OF THE CITY Of
CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES.
10. THE LESSEE SMALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES
OM THE DEMISED PREMISES! AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE SUCH
WOULD BE A FIRE HAZARD AND WILL AT ALL TIMES DISPLAY 'NO SMOKING`- SIGNS WHERE
DESIGNATED BY THE AIRPORT MANAGER OF THE CITY OR THE CITY FIRE DEPARTN'<NT.
11. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES
OF THE CITY OF CORPUS CHRISTI APPLiCABLE TO SAID PRE:MISES,, AND ALL ORDERS AND
REQUIREMENTS IMPOSED GM THE HEALTH, SANITATION AND POLICE DEPARTMENTS OF THE
CITY, FOR THE CORRECTIOM, PREVENTION AND ABATEMENT OF NUISANCES IN, UPON, OR
CONNEGTEO WITH SAID PREMISES DURING THE TERM OF TMiS LEASE AT HIS OWN EXPENSE.
12. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY
TIME DURING THE EXISTFMCE Of THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME
IM ORDER TO DETERMINE WMETMER THE TERMS OF SAID LEASE ARE BEING OBSERVED AND
CARRIED OUT.
13. THE LESSEE FURTHER AGREES THAT IN CASE Of ANY DEFAULT IN ANY Of
THE COVENANTS AND CONDITIONS Of THIS LEASE, THE CITY MAY ENFORCE THE PERFORMANCE
THEREOF IN ANY MODES OR WARMER PROVIDED BY LAY! AND MAY DECLARE THE LEASE FOR-
FEITED AT ITS DISCRETION, AND IT, ITS AGENTS, OR ATTORNEY SHALL HAVE THE RIGHT,
WITHOUT FURTHER NOTICE OR DEMANO, TO RE -ENTER AND REMOVE ALL PERSONS THEREFROM,
WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE To
ANY REMEDILS FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE CITY, ITS ATTORNEYS
OR AGENTS, MAY RESUME POSSE5510M OF THE PREMISES AND RE -LET THE SAME FOR THE
REMAINDER OF THE TERM Of THIS LEASE AT THE BEST RENT THEY MAT OBTAIN, FOR
THE ACCOUNT OF THE LESSEE, WHO WILL MAKE GOOD ANY DEFICI tq..& AND THE CITY
(LESSOR) SMALL HAVE A LIEN AS SECURITY FOR THE RENT AFORESAID, OR ANY RENT
DUE AND UNPAID UNDER SAID LEASE, UPON ALL CROPS, GOODS, WARES, CHATTELS,
IMPLEMENTS, FIXTURES, FURNITURE, TOOLS, AND OTHER PERSONAL PROPERTY WHICH
ARE NOW LOCATED ON SAID PREMISES OR WHICH MAV BE PLACED ON SAID PREMISES BY
THE LESSEE, WHICH LIEN SHALL BE CUMULATIVE OF THE STATUTORY LIEN CREATED BY
LAW AND IN ADDITION THERETO,
14, LESSEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF CORPUS
CHRISTI, TEXAS. (LESSOR, FROM ANY AND ALL CLAIMS OR DAMAGES OF ANY NATURE
WHATSOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERATION
OF THE LEASED PREMISES.
15. THE CITY ,SMALL HAVE THE RIGHT AT ANY AND ALL TIMES OF INGRESS,
EGRESS AND REGRESS ON AND OVER SAID PREMISES FOR THE PURPOSE OF CONDUCTING
AND CARRYING ON ANY BUSIHc.SS INCIDENT TO SAID AIRPORT OR ANY OTHER ACTIVITIES
OF THE SAID CITY.
WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHICH
IS TO BE CONSIDERED AN ORIGINAL, THIS THE DAY OF ,
A. O., 1954.
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
-4.
THE CITY OF CORPUS CHRISTI, TEXAS
BY
RUSSELL E. MICCLURE, CITY MANAGER
L E S 5 fl R
J. S, JOHNSON
L E S 5 E E