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HomeMy WebLinkAbout03849 ORD - 08/25/1954AC:6/15/54 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT AND LEASE AGREEMENT WITH BILLY PUGH LEASING TO SAID BILLY PUGH 5,45U SQUARE FEET OF THE MUNICIPAL WHARF, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND 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, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT WITH BILLY PUGH, LEASING TO SAID BILLY PUGH 5,450 SQUARE FEET OF THE MUNICIPAL WHARF, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR DERIVING REVENUE FOR THE UPKEEP OF BAY FRONT IMPROVEMENTS CREATES A 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, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED 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 d- DAY OFAUGUST 1954. M AY P. THE CITY OF CORPUS CHRISTI, ERAS ATT T: CITY R ARY AP PR VED AS TO LEGAL FORM: CITY 'T TO Y 116:ELa; 7/26/54 CCEMTRACT AND LEASE AGREEMENT T14E STATE Of TEXAS ON ALL MEN NY TIC PktMNTS t C"TY OF NUECES TNi• CONTRACT AIM LEASE AGREEMENT MADE AM 9NttRLD ONTO THIS 1sT DAY OF SE►TCHRIER, 1 BY AM* BETWEEN life. CITY Of CORPUS CNRt3T11 TE,'XAS, A MUHICtPAC COSPOIIATIOII, ACTING NY AM THROUON ITS OULY AUTHORIZED CITY *&*AGEIl, RUSSELL R. MCCLURt, HEREINAFTER CALLED PARTY OF THE FIRST PART, AND OF NWtCEs COUNTY, T[xAS, HEREINAFTER CALLED PARTY Of THE SECOND PART. W I T NE11k T Id: TMAT FOO AHD IN COHEIOERATION OF THE COVENANTS AND ASOCCOENTS H9100 CONTAINER AOO SUSJLCT TO THt PROVISIONS HEREOF, TUC PARTY OF INC FIR`jT PART Sots HERESY LEASE AND 691413E UNTO INC PARTY OF INC StGDN© PART THE FOLLOWING LANDS AND PNENIS9SI BEGINNING AT A POINT, THE INT9ASECTION OF THE CENTER LINE OF TNt STEEL SWEET PtLIWS ON INC SOUTH SLOE OF THE MU*IEtPAL W#IART MW TNt EAST FACE OF 1N9 BOTTOM STEP OF THE SEA WALL; 7btEliCE 5. ^I11 " - E. AI.00t THE CENTER LINE OF INC STEEL SWEET PtLING ON INC SOUTH $10E OF TOX MUNiCiPAL WHARF A DISTANCE OF 80 FEET TO [A 001NT; E. THEK H. 1('` -18' .80" E. A Ds#TAtset of w F9ET TO A POINT', TOME N. 73' -411 40' W. PARALLEL TO AMD � FEET SOUTH �� OF T149 SOUTR WALL OF INC ROAD RAMP, A DiSTANC v L OF FEET TO A POINT OR THE EAST FACE OF THE SOTTOM STEP OP THE SEA WALLx THENCE S. 42" -00' -'D" W. A DISTANCE OF 66.2 Fttt To THE PLACE OF EN 410ING. C04T410I406 5,h50 SGUAOE FELT. WITH THE AtSMT OF INONESS AND EGRESS FOR IRA USES OF INC PNOPCRTT HERESY DEMISES AS 490EiN PROM @9B, "I iT IS EXPRESSLY STIFU£ATED THAT SUCH RIGHT OF INGRESS ANO EGRESS SMALL NOT INC41JDE THE RIOWT YO OBSTRUCT TUC USE ST THE GENERAL PUSLIC FOR PASSAOEWAT OVER AND ACROSS THE LAMB AND PREMISES ASJACEMY TO INC ABOVE 09SE11404ED TRACT OF LAND AM SUCH ►ASSASCWAY SNAIL At ALL TIMES OE KEPT U006STRUCTED NY PARTY OF THE SECOND PAST, iYS AOENTS, SERYANTR, EMPLOYit$, ANN PATRONS. .I- 106 -FLA: 7/26!54 THE RENTAL FOR SAID PROPERTY SMALL RE i10LLAIIS i ) PER MONTH PAYABLE 0M OR OCFORE THE FIRST DAY OF EACH MDNTN IN ADVAMtE. I!. THE TERM OF TNIS LE W SMALL BE THREE (3) YEARS TO COMMENCE AND 9ESI411 ON UPTEMDER I, t90 AND END .SEPTtIgER {, 1957. THAT SAIO PROPERTY IS TV SE IiSEO FOR TUt OPERATION OF A BOAT SERVICE tOMSISTIH6 OF PHRFORMIIa6 SERVICES FOR SMALLER SOATS SUCIi AS WASNiND DOWN, CLEANING, CARE AND 1NSPEC.TIgN AND NAKIN4 MINOR REPAIRS, PBOVIOI NS CREWS FOR BOAT} 400 PCR— FORMING fNERCENCY WORK THEREON AUD FOR No OTHER FI3RPOSE. III. THAT TUC PARTY BF THE SECOND PART SMALL NAVE THE *1 MY TO ERECT 'AP'ROVCItERTS ON SAID PREMISES,. WHICH IMPROVEMENT$ SHALL BE IN OESIQM AND QUALITY IN KfC PINS WITH THE SAY FRONT AREA AND THE PLANS AHD SPECIFICATIONS, BEFORE THr, ERE:TION AICREOF, MUST BE SUBMITTED TO THE PARK AND RECREATION BOARD, AND IT$ APPROVAL OBTAINED SEFORC THE 'ERLCTION AND +CON314VCTION OF ANY SUCH tNPROVEMENTS. THE BII €LO€NA CONSTRUCTED OF CONCRETE BLOCKS, NOW LOCATED ON THE PREMISES, IF LEFT ON THE PREMISES, $HALL BE CONSIDERED AS HAVING O2'EN £RE..:TED UNDER THE PROV1510M*a OF THIS COiiTNACT. ALL CONSTRUCTION Of EVERY KIND SMALL AT THE TERMIMAT40N Of THIS LEASE BECOME TUC PROPERTY Of THE CITY 00 AT THE OPTION Of THE CITY THE CITY MAY REQUIRE THAI ALL IMPROVE- MENTS SE RCHOVED FROM THE PRCMtSES AT THE EXPENSE SF THE LESSEE. IV, THAT PARTY Si TUC SECONB PART SMALL PROVIDE SViIYABLE SIAM$ 11191- CATIMS THAT THE PREMISES ARE OPERATED BY THE PARTY Of TAX SECOND PART AS HIV OWN DUSFIMESS AND HOT SE THE PARTY Of THE FIRST PART. V. THAT TAX PARTY OF TUC SCCONO PART SMALL POOWYLY EXECUTE ANO FULFILL ALL THE ORDINANCES OF THE CITY Of CORPUS CHRISTI APPLICABLE TO SAID PREMISES AND ALL ORDERS AND REQW*MENERTS IM"SED BY THE HEALTH DEPARTMENT, SANITARY DEPARTMENT, AMR POLICE DEPARTMENT VON THE CORRECTION, PRECENTION AND ABATEMENT Of NUISANCES IN,, YPON, OR CONNECTED WITH SAID PREMISES OUBINO THE TERM OF THIS LEASE AT HIS OwW EXPENSE. -2- Vt. THAT IT IS UNDERSTOOD AND ARR£ED BY AND BETWEEN THE PARTIES HERETO THAT THIS CONTRACT ASO LEASE is NOT ASSIGNABLE IN WHOLE OR PART AMD THAT THE PARTY of THE SE,CONO PART SMALL HAVE HO RIGHT OR AUTHORITY TO SWB- LET..:THE "14; AES OR ANY PART THEREON AHD THAT ANY ATTEMPT TD SO WILL BE GtROUMOS FOR TERMtMATION OF THIS LEASE BY PARTY Of THE FIRST PART. Vol. J TNATJT**,' v -gW'IT 4111' YIIE °UtOKO PART 404" tt1ElEP SAIO PREMISES IN A 44,EA* AHII RCAT 90%00 0% ^410 S*Att TA04 G>1IO0 wAR#:. Of THE PROPERTY KEEP - INS, THE IMPROVEMENTS AND BUILDINGS IN REPAIR AND PkilltiO AHD SUFFER NO WASTE DORiHS THE TERM OF THIS LEASE AND AT THE -END OR POTHER EXPIRATION Of THE TERM SMALL OELITER UP THE OENtSET+ POCUtSES IN GI:OD ORDER ANN COHOI- TION, NATURAL WEAR AND YEAR AND DAMAGES BY FIRE AND ELEMfHTS OkL.Y, tAt EPTtiO. Vitt. THAT PANTY of THE 'SECOND PART STIPULATES AND AGREES TO HOLD THE PARTY OF THE FIRST PART HARMLESS fOR ANY HURT, IHJUMY OR DAMAGE TO PENSOM$ ON PROPERTY CAUSED OV PARTY Of THE SECOND PART'S OPERATION Of SAID BUSINESS ASO AORE£S TO CARRY PUBLIC LIABILITY tffSUkAHCE UPPON TM%�SAIO BUSINESS 10 THE AMOUNT Of F'IFYY THOUSAND DOLLARS ($50,01W-00). Ix. THAT PARTY of THE $CCONO FART STIPULATES ASO AGREES THAT ME WILL INCUR HO DEBTS ANO OBLIGATIONS ON THE CREDIT Of THE PARTY OF THE FIRST PAST in THE OPERATION Of SAID BUSINESS NO* SMALL THIS AGREEMENT EVER BE CONSTRUED A8 GtYING PARTY OF THE 'SECOND PART IRE NIGHT TO DO SO- X. THAT IN CASE Of DEFAULT IN ANY OF THE AfORCSAID COVENANTS# TH[ PARTY Of Tot FIRST PART MAY ENFORCE A PERFORMANCE TNEBLOf aN ANY MOVE PNO- VIDEO SY LAY AND MAY DECLARE THE LEASE YORT99VE0 AT ITS DISCRETION# AND PARTY Of THE FIRST PART, ITS ANENT, CM►LDV£C OR ATTORNEY SHALL MAVC THE *IMMT WITHOUT FURTHER NOTICE OR DEMAND TO RE -EHTK9 AND REMOVE ALL PERSONS THEREFROM WITHOUT BEIRS GUILTY OP ANY HAMN£R Of TRESPASS AMD WIT14OUT PRE - .SUOI CE TO ANY REMEDY f** ARREARS Of RENT OR BREACH Of COYESANT# OR THE PARTY Of THE FIRST PART, ITS AGENTS AND ENNLOYEES MAT N£SuME POSSESStOM Of THE PREMISES AND RE -LET TM>C SAME FOR THE REMAINOE* Of THE TERM AT THE BESt *EMT THEY MAY GBTAtO AND POLO THE PARTY Of TIME SECOHO PART FOR ANY DEf ICItNCIESj ANO THE PARTY Of THE FIRST PART SHALL HAVE A Lit.M AS SECURITY FOR THE RENT AKOMESAIO UPOM THE #VitVIk4$, CMATTLLSI INPLCMEMT$, TOOLS ANO OTMER PERSONAL PROPERTY WHICH AMC, OR MAY MC PUT, OM THE D#NISCO PREN15[S. A TNELSSUH THE HANGS Of THE PARTIES HERETO YHIS THE OAT' of , I915k,. ATTEST: CITY SECRETARY APPROVED AS TO LLGAL TORM. CITY AllOMMtY THE CITY OF CORKS CMRIST1, TEXAS By RUS$F:LL E. 1ICCLUR[, CITY 14AMAOZR PANTY Of THE FIRST PART PARTY of TNt SECOMUPART -11- Corpus Christi, Texas L 1954. !F t, TO THE MEMBERS OF THE CITY COUNCIL Corpus Ch.rid,%I, Texas Gentlemen. For the seasons set forth in the emergency clause of the foregoing ordinance, a vublic emergency and imperative necessity exist for the suspension af.the Charter rule oze 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 requzn 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, 26 MAYOR CITY OF CORPU CHRISTI, T The Charter rule was suspended by the following vote. P. C. Callaway EElrey King James S. Naismith W. James Brace F. P. Peterson, Jr The above ordinance was passed by the following vote.` P. C. Callaway Ellroy Kiang James S. Naismith W. James Braced _ F, P, Peterson, Jr��,�`�` o' G: •