HomeMy WebLinkAbout03929 ORD - 11/03/1954AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A LEASE of land
AGREEMENT WITH JOE H. BAKER, COVERING 70.00 ACRFSrsITUAT-
ED IN NNECES COUNTY, TEXAS, ON THE WATERS OF THE OSO
BAY, ABOUT 8 MILES SOUTH 250 EAST FROM THE COUNTY COURT -
HOUSE FOR FARMING AND AGRICULTURAL PURPOSES, IN ACCORDANCE
WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT,
SAID AGREEM= BEGINNING NOVEMBER, 15, 1954 AND ENDING
NOVENBER 14, 19%; AND DECLARING AN FMERGENCY.
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 authorised and directed for and on behalf of the City to execute
a Lease agreement with Joe H. Baker, covering 70.00 acres of land situated
in Unseen County, Texas on the waters of the OSO Bay, about 8 miles South
250 East from the County Courthouse 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.
SECTION 2. The necessity for executing the abovementioned Lease
Agreement creates a public emergency and an imperative public necessity re-
quiring the suspension of the Charter rule providing that no ordinance or
resolution sbn11 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 east,
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
fall force and effect from and after its passage, IT IS ACCORDINGLY PASSED
AND APPROVED, This the - :- day of November, 1954•
MAYOR
THE CITY OF CORPUS CHRISTI, TEXA
City Secretary /
APPROVED AST LEGAL FORM:. l
City Attorney
Lug AMUNMENT
r�
Tn STATE OF ZEUS
r Cain aF NoEDW
TUB AORBD:H'7'f made and entered into this the day of
November, 1954, by and between the City of Corpus Chsiati, Terse, a
municipal corporation organised and existing under and by virtue of the
lave of the State of Teae, acting herein by and through its duly author-
ised City Manager, Russell H. McClure, hereinafter called aCitya, and
Joe H. Bakers of Nasces County, Teas, hereinafter called aLossesa.
iiITNE388THs
The City of Corpus Christi, Twms, does, by these presents
lease and demise into the said Joe H. Baker, Lose", the ffiloxing de-
scribed premises, located and being situated in Nueces County, Teuo,e,
to-vit:
A tract of land containing 70.00 agree, situated
in Scenes County, Tame, an the waters of the Quo
Bay, an inlet or arc of Corpus Christi Bay, about
8 miles B 250 E from the County Courthouse. Said
70.00 acres treat is In the Rincon del Des grant
to Eoriqua Villarreal, Abstract 1, and embraces a
small portion of the north corner of Lot 1, in
Fractional Section 29, and all of Lots 6, 7,and 8,
the northeast portions of Lots 19, 20, and 21, and
the — cumbered lot lying northeast of Lot 8 and
southeast of Lot 5, in Fractional Section 17, all in
the Flour Bluff and Ecoinal. Farm and Garden Tract,
all as more particularly described in that certain
deed from L. 0. Andrews, Trustee to the City of
Cargos Christi, recorded in volume 522, page 582, Deed
Records of Nueces County, Taws, to which reference
is hereby made for all pertinent purposes,
for the term of one year, beginning Noyamb ®rr15 1954, and emAin November
14, 1955.
The Les9N is to pay therefor the following rental and cash
bonus to be paid as follows:
The consideration for this lease, to be paid
by Losses, is me- fourth of all cotton raised on
said land, of which Losses agrees to pay tbreo- fourths
of the ginn , charges on all cotton ginned and City
agrees to pay one- fourth of such ginning charges. The
Second Party agrees that in the event any cotton crop
or any portion thereof is sold in the field without
harvesting cost to his, the rent rill be one -third
of the prooeads of such sale instead of one- fourth.
For all acres to be planted in feed, Losses agrees
to pay a share rental of one -third (l13) of the value
of such feed, and should Lessee plant may part of said
leased prsaioes in 9ndia, Rhodes gross or any other
fee and retain the use for home use he shall pay money
rant therefor on the basis of what the other feed grow
on said leased premises averaged per acre on the market.
It is agreed that City shall pay one-third of the con-
signing end hauling expense for harvesting all Sorgha
grain crops, " said Lessee shall pay two- thirds of
each combining and hauling expense,
much annual rental to be paid on or before the 15thday of Hovember;,
1954. The Cityvs pro rata portion of all crops cold -ball be paid to
the City +smed+ately upon sale of such crops by payment to the City
Controller. It is understood that when the crops are harvested on the
premises herein described that the Lessee shall give notice to the City
Manager of the City that such crops are being harvested.
This lease is subject to the following conditions and conven-
antss `
1. It is a derstocd and agreed that the leased praises are to be
used for agricultural purposes only, and that promises are not to be used
for any other purposs than them* herein specified unless consented to
by the City in writing.
2. It is further understood that Lessee aball keep a true and
accurate book of accounts regarding all business matters pertaining to the
above described cultivation of the promises hereby leased, and such esid
books shall be open to inspection by the City, represented by the City
Manager and/or its Cantrolller.
3. It is especially understood and eased that the City may
at any time by written notice repossess all or any part of the above leased
promises for use as a park or for park purposes or in coenention therewith,
and it is further understood and agreed that the City in the event of such
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repossession shall be authorised aftor W1ing such said written notion
by registered sasl to enter upon and tetra possession of such promises as
described heroin or any portion of such presdssss and described in said
notice. St is further —A stood and agreed that Lessests damages in the
avant of such repogesaaion shall be limited to the actual expenses of
Lessee in putting "said promises in shape for planting; the labor, need,
if ate, and tractor expengea used in the cultivation of. said land, and
no damagos shall be paid other than those herein enumorated; such amount
of damages to be determined by three appraisers, one of whom is to be
appointed by the City, ona by Lessee, and the third to be appointed by
the first two appraisers, and the eum arrived at by these appraisers ®ball
be binding upon the parties hereto.
k
A,. Lessee agrees to pay for ary and all damages to any utility
lines or equipment located on said land which may be incurred by big farm-
ing or agricultural operations or to replace all of such lines injured or
destroyed as a result of his operations.
5. Lessee agrees not to sublet the leaned pr6miacs or =7
portion thereof without the consent of the City in writing.
6. The Lessee egress that he will take good Care of the property
and its appurtanances, and suffer no waste, and shall keep the said promises
in good repair at his Own expense, and at the and or other expiration of the
tars of this loam, -ball deliver up the demised promises in good order and
condition, as same arc now in, natural woar and tear and damage from the
elements only excepted.
7. The Lessee agrees to pay for all utilities used at the premises
leased by him.
S. The City reserves the right to enter the said promises at
any time during the existence of this lease for the purpose of inspecting
the one in order to determine whether the tors* of this lease are being
observed and carried out.
9. Lessee agrees not to use said premises for any illegal or
immoral purposes and agrees to conform to all of the laws of the State Of
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Teas, the United States, end all rules met cat by the City Manager of
the City of Corpus Christi for the operation of the lased premises.
10. The Less" shall not permit salt, vinous or alcoholic '
beverages on the demisad preatassl and will not permit noldag in our
place whew each would be a fire hazard and will at all time display
110 use signs where designated by the City Manager or the City Firs
Dspartaent.
11. The Louse will prromptly execute and fulfiU all the ordi-
nances of the City of Corpus Christi applicable to said premises, and
all orders and requirements imposed by the Health, Sanitation and Police
Departments, for the correction, prevention, and abatement of Women in,
upon, or connected with said premises during the terms of this lease at
his Own expense.
12. The Lessee is to have the option to renew this lease at
the expiration of said lease for =6 tams and consideration as may be
agreed upon by the City.
. - 13. Lessee further agrees that in case of any default in any of
the covenants and conditions of this lease, the City may enforce the per -
foram& thereof in any soft& or manner provided by law, and may declare
the leaao forfeited at its discretion, and it, its agents or attorneys,
Abell have the right, without further notice or demand, to re-enter and
remove all persons therefrom, without being deemed guilty of any manner
Of trespass and without prejudice to sty remedies for arrears of rent or
breach of covenant or the City, its agents or attorneys, may resume possession
of the praises and re-lat the sale for the remainder of the term at the
bast rent it mW obtain, for the account of the Lassa herein, who oh-11
male Hood any deficiena77 and the City shall have a lion as security for
the rental aforesaid, or any rent due and unpaid tinder said lease, upon
all crops, goods, wares, Chattels, impreaants, fixtures, furniture, toola,
and other personal property which are now located on said premises or which
my be placed on said praises by said Less ", which lie, shall be
oanlative of the statutory lion created by law and in add, Ica thereto.
ll,. The Lessee shall store no materials or supplies in or
r
about the said premises which sill increase the fire hazard or institute
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an unusual risk in that connection and Leases shall at all time use
the promises in suoh calmer as not to endanger the property l eased.
15. Less" agrees that in the event death or injured occurs
to soy person or loss, destruction or damage occurs to any property in
cotlnection with the maiatenanca, operations or repair of the leased
premises and the facilities covered hereunder, occasioned by the act or
cmission of the Lessee herein, his agents or employees, the Lessee agrees
to indemnify and save barmiess the City from and against any loss, ex-
Posse, claims or demands to which the City W be subject as the result
of such demand, loss, destruction or damage.
16. The City shall not be responsible for damages to property
or inja27 to persons which may arise incident to the examine of the
rights and privileges heroin granted.
17. This contract contains provisions agreed upon by the parties
hereto and displaces all previous verbal or oral agreements.
EfECUTED IN DUPLICATE, each with the force of an original, this
the day of November, 1954.
THE CITY CF CORPUS CMMI
_. Russell H. McClure, City Manager
ATTB9Tt LESS
City Secretary
APPRUM AS TO t-TAAL FOWs
City attorney
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JOB H. DAM - LHS8R8
Nr
Joe H. Baker
:T
1� .
CORPUS CHRISTI, TEXAS
A, If ,T954
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
nENTLEMEN;
FOR THE REASONS SET FORTH IN 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 ORD NANCE
08 RESOLUTION SMALL BE PASSED FINALLY ON THE DATE IT IS INTROOUCEDf
AND THAT SUCH OPDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS
Of THE CITY COUNL'ILj I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID
CHAPTEP PULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE
IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
R///// ///RESPECTFULLY.
MAYOR
CITY OF CORPUS CHRISTI, TE XAS
THE CHARTER RULC WAS SUSPENDED BY THE FOLLOWING VOTE:
P. C. CALLAWAY a.
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE.j( /�-
F. P. PETERSON, JR
THE AOOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
J P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE 1��
F. P. PETERSON, JR. 411(
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