HomeMy WebLinkAbout03878 ORD - 09/22/1954AC:9/20/54
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
OR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A LEASE
AGREEMENT WITH J. S. JOHNSON COVERING 19.849 ACRES OF
ND CLIFF MAUS MUNICIPAL AIRPORT FOR FARMING AND
AGRICULTURAL PURPOSES, IN ACCORDANCE WITH THE TERMS
AND PROVISIONS OF SAID LEASE AGREEMENT, A COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF; SAID LEASE
AGREEMENT TO BE IN LIEU OF LEASE AGREEMENT AUTHORIZED
BY THE CITY COUNCIL ON THE 11TH DAY OF AUGUST, 1957,—BY
N NCE NO. 33; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY COUNCIL, BY ORDINANCE NO. 3833, PASSED AND
APPROVED�ON THE 11TH DAY OF AUGUST, 1954, AUTHORIZED THE EXECUTION OF A
LEASE AGREEMENT WITH J. S. JOHNSON COVERING 19.849 ACRES OF FARMING LAND AT
CLIFF MAUS MUNICIPAL AIRPORT, SAID AGREEMENT BEING DATED AUGUST 11, 1954, AND
IT IS AGREEABLE BY THE CITY AND J. S. JOHNSON TO CLARIFY SOME OF THE PROVISIONS
OF THE FORM OF SAID LEASE AND A LEASE HAS BEEN AGREED UPON IN FORM AND SUBSTANCE
AS HERETO ATTACHED.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY 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, IN ACCORDANCE WITH
THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF;SAID LEASE AGREEMENT TO BE IN LIEU OF LEASE
AGREEMENT AUTHORIZED BY THE CITY COUNCIL ON THE 11TH DAY OF AUGUST, 1954, BY
ORDINANCE No. 3333•
SECTION 2. THE NECESSITY FOR EXECUTING THE ABOVEMENTIONED LEASE
AGREEMENT IN LIEU OF THAT CERTAIN LEASE AGREEMENT DATED AUGUST 117 1954, CREATES
A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL HE 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, DE-
CLARING 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 IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF
SEPTEMBERI 1954-
Y �
rqA oR
THE CITY OF CORPUS CHRISTI EXAS
ATTEST:
CITY SECRETARIY�
t..
APPROVED AS 70 L GAL FORM:
CITY ATT RN Y
I MSS AC 1912064
THE STATE OF TEXAS t
COUNTY OF NIECES
THIS AGREEMENT, MADE AND ENTtRED INTO THIS THE DAY OF
. 1954, DY ADD BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS,
A MUNICIPAL CORPORATION, NEREINAFTER CALLED ''CITY, AND J. S. JOHNSON, OF
NUtCEB COUNTY, TEXAS, NEREINAFTER CALLED LESSEE,
W I T N E 5 ETH
THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE
UNTO THE SAID J. S. JOHNSON THE FOLLOW /RG DC$CRIBED PREMISES, TO -WITS
APPROXIMATELY 19.8118 ACRES OF LAND IN THE FORM OF A
TRIANGLE LOCATED AT THE CLIFF MAYS MUNICIPAL AIRPORT
AT THE CORNER OF HORN ROAD AND RABBIT RUN ROAD, AND
BEING THE SAME 19.89 ACRES MERtTOFORE LEASED TO
LESSEE BY YN£ CITY BY AGREEMENT OF SEPTEMBER 11 1954 „
FOR A TERM OF ONE (1) YEAR, BEGINNING SEPTEMBER 16, 1954 AND ENDING SEPTEMBER 15,
1955, SUBJECT TO THE FOLLOWING CONSIDERATION, COVENANTS, AND CONDITIONS, TO -NITS
1. THE LESSEE IS TO PAY THEREFOR THE FOLLOWING RENTAL AND CASH
BONUS TO HE PAID AS FOLLOWSI
(A) THE CONSIDERATION FOR THIS LEASE, TO BE PAID
BY LESSEE, 14 CHC- FOURTH OF ALL COTTON NAISCO ON SAID LAND,
OF WHICH LESSEE AGREES TO PAY THREE.FQURTM$ OF THE GINNING
CHARGE$ ON ALL COTTON GINNED AND CITY AGREES TO PAY ONE -
FOURTH Of SUCH GINNING CHARGES. TUC SECOND PARTY AGNEts
THAT IN THE EVENT ANY COTTON CROP ON ANY PORTION THEREOF
IS SOLD IN THE FIELD- WITNOUT HARVESTING COST TO NIM, TUC
RENT WILL $t ON[+THIND OF THE PROCEEDS OF SUCN SALE INSTEAD
OF ONE- FOURYN.
FOR All ACRES TO BE PLANTED IN FttD, LESSEE AGREES TO PAY
A SHARE RENTAL OF ONE -THIRD (1/3) of THE VALUE OF SUCH FEED,
AND SHOULD LESSEE PLANT ANY PART OF SAID LEASED PREMISES
IN SUDAN, RHODES GRASS OR ANY OTHER FEE AND RETAIN THE $ANC
FORHOME USE HE SHALL PAY **REV RENT THEREFOR ON THE BASIS
OF WHAT THE OTHER FEED GROWN ON SAID LEASED PREMISES AVERAGED
PER ACRE ON THE MARKET. IT I$ AGREED THAT CITY $HALL PAY ONE -
THIRD OF "t COMBINING AND MAULING EXPENSE FOR HARVESTING ALL
SORGHUM DRAIN COO", AND SAID LESSEE SHALL PAT TWO - THIRDS OF
SUCH COMBINING AND HAULING EXPENSE.
(B) IN ADDITION TMCRETO/ LESSEE AGREES TO PAY AS A CASH
BONUS, A RENTAL Of TNREL DOLLARS 03.00) PER ACRE FOR THE
SIETEEN (16) TILLABLE ACRES IN SAID TRACT BEING AND AMOUNTING
TO FORTY+EIGNY..'IiOLLARI (44$.00),
SUCH ANNUAL RENTAL TO Be PAID ON OR BEFORE THE 15TH DAY OF OCTOBER, 1954.
2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO
Be USED FOR AGRICULTURAL PURPOSES ONLY. THAT SAID PREMISES ARE NOT TO DE
USED FOR ANY OTHER PURPOSE THAN THESE HEREIN SPECIFIED UNLESS COMSENTED
TO By THE CITY IN WRITING.
3• LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY POR-
TION THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING.
h. IT IS FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND
ACCURATE SOON OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE
ABOVE DESCRIBED CULTIVATION OF THE PREMISES HERESY LEASED, AND THAT SUCH
-- BOOKS SHALL 3C OPEN TO INSPECTION BY THE CITY, REPRESENTED BY THE CITY
MANAGER AND/OR ITS AIRPORT MAMAGER.
j. IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO
SELL OR LEASE FOR A USE DIFFERENT FROM THE PRESENT USE,
ALL OR ANY PART OF THE HEREIN LEASED LAND AT ANY TIME DURING
THE TERM OF THIS LEASE. SHOULD THE PROPER4Y Be SOLD ON
LEASED BEFORE THE EXPIRATION DATE HEREOF AND THE PURCHASER
OR LE #SEE NOT BE WILLINT TO TAKE THE SAM£ SUBJECT TO THIS
LEASE AND DEMANDS IINIEDiATE POSSESSION, THEN THE LE39CE AGREES
TO VACATE AND GIVE POSSESSION AT ANY TIME WtTHIN FIFTEEN t15)
DAYS AFTER R6Ce1PT OF NOTICE TO VACATE. SHOULD IT BECOME
NECCSSARY FOR LESSEE TO VACATE IN CASE OF A SALE OR LEASE,
THEN THE CITY SMALL PAY Lessee FOR THE LAND OR PORTION THEREOF
30 VACATED, THE FOLLOWING AMOUNTS, TOrWtTt
IF THE LAND HAS BEEN PLOWED AND PREPARED FOR A NEW CROP,
BUT BEFORE THE CRAP "AS BEEN PLANTED' THE ACTUAL EXPENSE OF
WORKING THE ACREAGE VACATED, PLUS A BONUS OF $5.00 PER ACRE,
IF AFTER THERE IS A GROWING CROP, THEN THE AVERAGE
RETURN ON AN AGRCEGE BASIS THAT LIKE CROPS BRING ON UNSOLD
LAND CONVERED MY THIS LEASE, OR IF NO UNSOLD LAND COVERED
BY THIS LEASEp OR IF NO UNSOLD LAND TREK ON SIMILAR LAND
IN THE IMMEDIATE VICINITY. ANY PAVOCNTS SO MADE SHALL OE
-2�
IN PROPORTION TO THE TENANT'S SNARE Of THE CROP UNDER
THIS LEASER LOSS NARVCSTINO COSTS.
E1. THE LES3E6 AGREES THAT NE W14L PAY FOR ANY AND ALL DAMAGES TO
ANY UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURRED
BY HIS FARMING OR AGRICULTURAL OPERATIONS OR TO REPLACE ALL SUCH LINES INJURED
09 DESTROYED AS A RESULT Of HIS AGRICULTURAL OPERATIONS.
7. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
BEING LEASED UY HIM.
8. THE LESSEE AGREES THAT HE WILL TAKE 4060 CARE Of THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTER AND SHALL KEEP THE SAID PREMISES
IN 4600 REPAIR AT HIS OWN EKPENSER AND AT THE END OF THE EXPIRATION OF THE TERM
OF THIS LEASES SHALL DELIVER UP THE DENISED PREMISES IN 0000 ORDER AND CONDITION,
AS SANE ARE NOW IN, NATURAL WEAR AND YEAR AND OAMA4E FROM THE ELEMENTS ONLY
EXCEPTED.
g. THE LESSEE AGREES NOT TO UBE SAID PREMISES FOR ANY ILLEGAL OR
IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS OF THE STATE OF Tex ►s,
THE UNITED STATES, AND ALL RULES SET OUT BY THE CITY MANAGER OF THE CITY OF
CORPUS CHRISTI, TEXAS, FOR THE OPERATIO14 OF THE LEASED PREMISES.
10. THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES
ON THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE SUCH
WOULD OE A FIRE HAEARO AND WILL AT ALL TINES DISPLAY "No SHORING" SIGNS WNERE
DESIGNATED BY THE AIRPORT MANAGER OF THE CITY ON THE CITY FIRE DEPARTMENT.
11. THE LESSEE SMALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES
OF THE CITY OF COP!PUS CHRISTI APPLICABLE TO SAID PREMISES; AND ALL ORDERS AND
REQUIREIFENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPARTMENTS OF THE
CITY, F'OR THE CORRECTION, PREVENTION AND ABATEMENT Of NUISANCES IN, UPON, OR
CONNECTED WITH SAID PREMISES OURINGTHE TERM Of THIS LEASE AT HIS OWN EXPENSE.
12. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY
TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE Of INSPECTING THE SAME
IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID LEASE ARE SEtHG 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
-3-
`+\ THEREOF IN ANY MODES 04 MANNER PROVIDED SY LAW) AND MAY DECLARE THE LEASE FOR-
FEITED AT ITS DISCRETION, AND IT, ITS AGENTS, OR ATTORNEY SMALL HAVE THE RIGHT,
WITHOUT FURTHER UOTIC£ OR DEMAND, TO RE -ENTER AND AC140YE ALL PERSONS THEREFROM,
WITHOUT BEINQ DEEMED GUILTY OF ANY MANNER Of TRESPASS AND WITHOUT PREJUDICE TO
ANY REMEDIES FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE CITY, ITS ATTORNEYS
OR AGENTS, MAY RESUME POSSESSION OF THE PREMISES AND RE -LET THE SAME FOR THE
REMAINDER OF THE TERM OF THIS LEASE AT THE BEST RENT THEY NAY OBTAIN, 'FOR
THE ACCOUNT t1F THE L[SSECS 14HO IXILL HAKE 3000 ANY OEFICICNCY; AND THE CITY
(LESSOR) WtALL HAYL 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 WHii:H
ARE NOW LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED ON SAID PREMISES 3Y
THE LESSEE, :WHICH LIEN SHALL BE CUMULATIVE OF T14£ STATUTORY LIEN CREATED '�Y
LAW AP101 971 AfJalTiol; THEPCTO.
14. LEsSEt AGRCES TO SAYE AND KEtP HARMLESS THE CITY OF CORPUS
CHRISTI, TEXAS (LESSOR), FROM ANY APJ i) ALL CLAIMS OR DAMAGES OF ANY NATURE
WHATSOEVER bUP TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERATIOM
OF THE LEAKED PREMISES.
15. THE CITY SHALL 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 BUSINESS INCIDENT TO SAID AIRPORT OR ANY OTHER ACTIVITIES
OF YHE SAID CITY.
WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH of WHICH
IS TO BE CONSIDERCD AS AN ORIGINAL, THIS THE DAY OF , Ig.-)4.
ATTEST:
CITY SECRETARY
AP?ROVE� AS TO LEGAL FORM-
CITY ATTONINEY
THE cITY or CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
LESSOR
U71. JOHNS
LESSEE
Gorpus Christi, Texas
19540
TO THE MMERS W THE CITY COUNCIL
Corpus Chi!,-ti, Texas
Gentlemen:
For the znasins sTt farth an t'at clnuse of the
foregoing ordinance, a puLlir Ind Arri[peritivL necessity exist
for the su pension of ¢B,re r1l�sTtez e; requirement that ne ordinance
or resolution shalR i e ',=-Sed f 1' anlky ira the 4atL it As introduced,
and that such ordinance or be zead at three meetings
of the City Council' I, therefore, tt'xtby requ— that you 4 Lz,-'Ferd a 4J
Charter rule or requirement and p:ss tMs finally on the date
it is introduced, or at the preseza meeting of the City Council,
He"spez;tfutly'
ZAO—I&a�
r—ITY CF CORPUS CHRISTI, TEXAS /
The Charter rule was suspended by vie f@I'lawing vote.
p" C, Callaway
E 210 King
J'arnes S. Naismith
W. James Braze
F. P. Peterson, Jr
The abevr by tte fa,7�1*wjng vote,
V. C, Callaway
Ellroy King
James 5, Naismith
.,V. James Brace
F. P ner3,a;a, jr
3g -7T