HomeMy WebLinkAbout04091 ORD - 01/26/1955AN ORDINANCE
,AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI,
TEXAS, AN AGREEMENT WITH HUMBLE OIL
& REFINING COMPANY TO LOCATE AT:CLIFF MAUS AIRPORT
AND MAINTAIN A SERVICE STATION AND
ALL INCIDENTAL EQUIPMENT FOR THE
STORAGE, SALE AND HANDLING OF GASOLINE,
MOTOR FUEL, LUBRICANTS AND PETROLEUM
PRODUCTS, FOR A TERM OF FIVE (5) YEARS,
FOR AND IN CONSIDERATION OF THIRTY
($30.00) DOLLARS PER YEAR ACCORDING
TO THE TERMS SET OUT IN SAID AGREEMENT,
A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS THE OWNER
OF FOUR PLOTS OF GROUND LOCATED WITHIN THE BOUNDARIES OF CLIFF
MAUS MUNICIPAL AIRPORT, CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND
IT IS NECESSARY THAT THE CITY, THROUGH ITS DULY AUTHORIZED CITY
MANAGER, ENTER INTO AN AGREEMENT WITH THE HUMBLE OIL & REFINING
COMPANY;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS;
SECTION 1. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY AUTHORIZED AND DIRECTED TO
ENTER INTO AN AGREEMENT WITH THE HUMBLE OIL & REFINING COMPANY, LEASING
TO SAID CORPORATION FOUR CERTAIN PLOTS OF GROUND LOCATED WITHIN THE '
BOUNDARIES OF CLIFF MAUS MUNICIPAL AIRPORT FOR THE PURPOSE OF MAIN-
TAINING OF A SERVICE STATION AND ALL INCIDENTAL EQUIPMENT FOR THE
STORAGE, SALE AND HANDLING OF GASOLINE, MOTOR FUEL, LUBRICANTS AND
t
PETROLEUM PRODUCTS, FOR A TERM OF FIVE (5) YEARS COMMENCING ON THE
FIRST DAY OF JANUARY, 1955 AND EXPIRING ON THE FIRST DAY OF JANUARY, w
1960, FOR AND IN CONSIDERATION OF THE SUM OF THIRTY ($30.00) DOLLARS
PER YEAR, ACCORDING TO THE TERMS AND CONDITIONS SET OUT IN
SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF.-
SECTION P. THE NECESSITY OF PROVIDING FACILITIES AT
CLIFF MAUS AIRPORT FOR THE SERVICING OF AIRCRAFT OF CONTRACT
CUSTOMERS OF THE CITY AUTHORIZED BY THE CITY TO BE SO FUELED AND
SERVICED AT SAID MUNICIPAL AIRPORT 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, HAVING DECLARED SUCH EMERGENCY AND NECESSITY
TO EXIST, REQUESTING 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 JANUARY, A. D. 1955-
MAYOR
PE CITY 0• CORPUS CHR STI, TEXAS
ATTEST:
CITY SEC ETA Y
C
APPROVED AS TO LEGAL FORM:
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CITY A TORNE
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B
AGREEMENT
THE STATE OF TEXAS j
COUNTY OF NUECES
THIS AGREEMENT, THIS DAY MADE AND ENTERED INTO BY AND
BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION,
OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "LESSOR ", AND HUMBLE
OIL & REFINING COMPANY, A PRIVATE CORPORATION DOMICILED IN HARRIS
COUNTY, TEXAS, AND HEREINAFTER CALLED "LESSEE ",
W I T N E S S E T H THAT:
LESSOR HAS LEASED, LET AND DEMISED AND BY THESE PRESENTS
DOES LEASE, LET AND DEMISE UNTO LESSEE THE FOLLOWING DESCRIBED PROPERTY,
BEING FOUR PLOTS OF GROUND LOCATED WITHIN THE BOUNDARIES OF CLIFF MAUS
MUNICIPAL AIRPORT, CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FIRST PLOT:
BEGINNING AT A POINT WHICH IS AN INTERSECTION OF
THE SOUTH BOUNDARY LINE OF CLIFF MAUS MUNICIPAL
AIRPORT WITH THE CENTERLINE OF OLD BROWNSVILLE
ROAD;
THENCE ALONG THE CENTER LINE OF OLD BROWNSVILLE
ROAD A DISTANCE OF 4971.43 FEET TO A POINT;
a
THENCE, S. 46 DEG. 551 E. A DISTANCE OF 185.0
FEET FOR THE NORTH CORNER AND POINT OF BEGINNING '
OF THIS LEASE, SAID POINT BEARS S. 46 DEG. 55'
E. 3.0 FEET FROM THE SOUTH CORNER OF THE MAIN
OR LARGE HANAGER!
THENCE, ALONG THE CONTINUANCE OF THIS LINE S.
46 DEG. 551 E. A DISTANCE OF 35 FEET TO A POINT
FOR THE EAST CORNER OF THIS LEASE; '
THENCE, S. 43 DEG. 05' W. A DISTANCE OF 107 FEET
TO A POINT FOR THE SOUTH CORNER OF THIS LEASE!
.i_
THENCE, N. 4G DEG. 55' W. A DISTANCE OF 35 FEET
TO A POINT FOR THE WEST CORNER OF THIS LEASE;
THENCE N. 43 DEG. 05' E. A DISTANCE OF 107 FEET
TO THE PLACE OF BEGINNING.
CONTAINING 3745 SQUARE FEET OF LAND.
SECOND PLOT:
BEGINNING AT A POINT WHICH IS AN INTERSECTION OF
THE SOUTH BOUNDARY LINE OF CLIFF MAUS MUNICIPAL
AIRPORT WITH THE CENTERLINE OF OLD BROWNSVILLE `
ROAD A DISTANCE OF 4859.43 FEET TO A POINT;
THENCE'S. 46 DEG. 55' E. A DISTANCE OF 272 FEET
TO A POINT FOR THE NORTH CORNER AND POINT OF
BEGINNING OF THIS LEASE; �
THENCE CONTINUING S. 46 DEG. 55' E. A DISTANCE
OF 15 FEET TO A POINT FOR THE EAST CORNER OF THIS '
LEASE;
THENCE, S. 43 DEG. 05' W. A DISTANCE OF 28 FEET
TO A POINT FOR THE SOUTH CORNER OF THIS LEASE;
THENCE N. 46 DEG. 55' W. A DISTANCE OF 15 FEET TO
A POINT FOR THE WEST CORNER OF THIS LEASE;
THENCE, N. 43 DEG. 05' E. A DISTANCE OF 28 FEET TO
THE PLACE OF BEGINNING;
CONTAINING 420 SQUARE FEET OF LAND.
THIRD PLOT:
BEGINNING AT A POINT WHICH IS AN INTERSECTION OF THE
SOUTH BOUNDARY LINE OF CLIFF MAUS MUNICIPAL AIRPORT
WITH THE CENTERLINE OF OLD BROWNSVILLE ROAD; +
THENCE, ALONG THE CENTERLINE OF OLD BROWNSVILLE
ROAD A DISTANCE OF 4732.43 FEET TO A POINT;
THENCE, S. 46 DEG. 55' E. A DISTANCE OF 278 FEET
TO A POINT FOR THE NORTH CORNER AND BEGINNING POINT
OF THIS LEASE;
THENCE, CONTINUING S. 46 DEG. 55' E. A DISTANCE OF
10 FEET TO A POINT FOR THE EAST CORNER OF THIS LEASE;
THENCE, S. 43 DEG. 05' W. A DISTANCE OF 10 FEET TO A
POINT FOR THE SOUTH CORNER OF THIS LEASE;
THENCE N. 46 DEG. 55' W. A DISTANCE OF 10 FEET TO
A POINT FOR THE WEST CORNER OF THIS LEASE;
THENCE, N. 43 DEG. 05' E. A DISTANCE OF 10 FEET
TO THE PLACE OF BEGINNING;
CONTAINING 100 SQUARE FEET OF LAND.
FOURTH PLOT:
BEGINNING AT A 'POINT WHICH IS AN INTERSECTION OF THE
SOUTH BOUNDARY LINE OF CLIFF MAUS MUNICIPAL AIRPORT
WITH THE CENTERLINE OF OLD BROWNSVILLE ROAD;
THENCE, ALONG THE CENTERLINE OF OLD BROWNSVILLE
ROAD A DISTANCE OF 5083.43 FEET TO A POINT;
THENCE S. 46 DEG. 55' E. A DISTANCE OF 247 FEET
FOR THE NORTH CORNER AND POINT OF BEGINNING OF
THIS LEASE, SAID POINT BEARS S.46 DEG. 55' E. 64.6
FEET FROM THE EAST CORNER OF THE MAIN OR LARGE
HANGER;
THENCE, ALONG THE CONTINUANCE OF THIS LINE S.
46 DEG. 55' E. A DISTANCE OF 10 FEET TO A POINT
FOR THE EAST CORNER OF THIS LEASE;
THENCE, S. 43 DEG. 05' W. A DISTANCE OF 14 FEET
TO A POINT FOR THE SOUTH CORNER OF THIS LEASE;
THENCE, N. 46 DEG. 55' W. A DISTANCE OF 10 FEET
TO A POINT FOR THE WEST CORNER OF THIS LEASE;
THENCE, N. 43 DEG. 05' E. A DISTANCE OF 14 FEET
TO THE PLACE OF BEGINNING;
CONTAINING 140 SQUARE FEET OF LAND.
FOR A TERM OF FIVE (5) YEARS COMMENCING ON THE FIRST DAY OF JANUARY,
1955, AND EXPIRING ON THE FIRST DAY OF JANUARY, 1960, FOR THE PURPOSE
OF ENABLING LESSEE TO LOCATE THEREON, AND SUBJECT TO THE FURTHER
PROVISIONS HEREOF, TO MAINTAIN A SERVICE STATION AND ALL `INCIDENTAL
EQUIPMENT FOR THE STORAGE, SALE AND HANDLING OF GASOLINE, MOTOR FUEL,
LUBRICANTS AND PETROLEUM PRODUCTS TO CONTRACT CUSTOMERS, AUTHORIZED
BY LESSOR TO FUEL AND' SERVICE ITS AIRCRAFT. THE TERM HEREOF 15 SUB-
JECT TO THE PROVISIONS OF PARAGRAPH VIII.
IN ADDITION TO THE LEASE OF THE PREMISES ABOVE DESCRIBED,
LESSEE IS GRANTED AN EASEMENT OVER THE ADJOINING PROPERTY AND OVER
PROPERTY ADJACENT THERETO FOR THE PURPOSE OF ENABLING IT TO EXERCISE
THE RIGHTS SECURED BY IT HEREUNDER AND TO MOVE NECESSARY SUPPLIES TO
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AND FROM SUCH LEASED PREMISES.
IN CONSIDERATION WHEREOF, THE PARTIES HERETO AGREE
AS FOLLOWS:
LESSEE AGREES TOPAY TO LESSOR AT ITS OFFICE AT CORPUS
CHRISTI, TEXAS THE SUM OF THIRTY ($30.00) DOLLARS PER YEAR DURI,NQ 11
THE TERM HEREOF, SUCH PAYMENT BEING DUE AND PAYABLE ON THE FIFTH 15TH)
DAY OF JANUARY OF EACH SUCH YEAR.
IT
LESSEE AGREES TO KEEP ITS EQUIPMENT ON SAID LEASED
PREMISES IN GOOD REPAIR DURING SUCH TERM. FAILURE TO KEEP THE
EQUIPMENT IN GOOD REPAIR, SMALL PERMIT LESSOR TO CANCEL THIS LEASE
IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH V HEREOF.
im
LESSEE MAY MAKE SUCH ALTERATIONS OR AODITONS TO THE IM-
PROVEMENTS NOW ON THE PREMISES DEEMED NECESSARY BY IT FOR THE CONDUCT
OF ITS BUSINESS, AND SHALL HAVE THE RIGHT AT ANY TIME DURING THE TERM
OR ANY RENEWAL THEREOF ON- EXTENSION THEREOF, OR WITHIN THIRTY (30)
DAYS AFTER THE EXPIRATION OF THE TERM OR ANY RENEWAL OR EXTENSION
THEREOF, OR IMMEDIATELY UPON THE EARLIER TERMINATION THEREOF, TO
REMOVE FROM THE PREMISES ALL IMPROVEMENTS, TRADE FIXTURES AND EQUIP -
RENT PLACED THEREON BY IT, PROVIDED THE PREMISES BE PUT IN THE SAME
CONDITION AS THEY WERE IN PRIOR TO PLACING SUCH PROPERTY OR IMPROVE-
MENTS ON THE PREMISES. IN THE EVENT OF FAILURE OF THE LESSEE SO
TO REMOVE ITS IMPROVEMENTS, TRADE FIXTURES AND EQUIPMENT PLACED
THEREON BY IT, ON OR BEFORE THIRTY (30) DAYS AFTER SUCH TERMINATION,
THEN SAID PROPERTY SHALL AT THE OPTION OF THE LESSOR BECOME THE
PROPERTY OF THE LESSOR AND THE LESSOR MAY REMOVE SAME FROM THE
DEMISED PREMISES AND CHARGE THE LESSEE WITH THE COST THEREOF
WITHOUT LIABILITY ON THE PART OF THE LESSOR BY REASON DF SUCH REMOVAL.
IV
IN THE EVENT OF DAMAGE TO THE LEASED PREMISES OR TO THE
EQUIPMENT INSTALLED THEREON RESULTING FROM FIRE OR OTHER CAUSES AND
OCCASIONED BY THE FAULT OR NEGLIGENCE OF LESSEES ITS EMPLOYEES OR
REPRESENTATIVES / LESSEE SHALL REPAIR AND RESTORE SAID PREMISES AND
EQUIPMENT AT ITS OWN EXPENSE.
V
IN THE EVENT OF DEFAULT IN THE PAYMENT OF THE RENTAL
HEREIN PROVIDED TO BE PAID OR OF THE BREACH OF ANY COVENANT HEREIN
CONTAINED TO BE PERFORMED BY LESSEEt LESSOR NAY TERMINATE THIS LEASE
IF LESSEE DOES NOT COMPLY WITH THE OBLIGATIONS HEREOF WITHIN THIRTY
(30) DAYS AFTER WRITTEN NOTICE BY LESSOR OF A BREACH OF SAMEX WITHOUT
PREJUDICE TO ANY OTHER RIGHT LESSOR MAY HAVE.
VI
IN THE EVENT IT IS DEEMED ADVISABLE BY LESSOR TO PLACE
IMPROVEMENTS ON ALL OR ANY PORTION OF THE PREMISES HEREIN LEASED THE
LESSOR SHALL HAVE THE RIGHT TO MAKE SUCH IMPROVEHENTS BY PROVIDING FOR
THE CONVENIENCE OF THE LESSEEP SIMILAR AREA OF GROUND SPACE LOCATED
IN A POSITION COMPARATIVELY AS ACCESSIBLE AND RELATED TO OTHER
STRUCTURES AS THE PREMISES LEASED HEREUNDER.
Vil
THIS LEASE CONTRACT SHALL EXTEND TOE BE BINDING UPON AND
INURE TO THE BENEFIT OF THE SUCCESSORS AND ASSIGNS OF THE PARTIES
•5-
HERETO; PROVIDED, HOWEVER, THAT LESSEE MAY ASSIGN, SUBLET, OR
TRANSFER ANY OF ITS RIGHTS HEREUNDER ONLY WITH THE WRITTEN CONSENT
OF LESSOR. LESSEE MAY, HOWEVER, SUBLEASE ALL OR ANY PART OF SAID
• PREMISES TO A THIRD PARTY, LESSEE TO REMAIN RESPONSIBLE FOR PERFORMANCE
OF ALL OF THE PROVISIONS HEREOF.
V111
IN THE EVENT THAT LESSOR SHOULD DISCONTINUE THE OPERATION
OF THE AIRPORT, NOW KNOWN AS CLIFF MAUS AIRPORT, FOR USE AS A
MUNICIPAL AIRPORT, THIS LEASE SHALL TERMINATE UPON SUCH DISCONTINUANCE.
ALL'OF THE AGREEMENT OF THE PARTIES HERETO IS CONTAINED
HEREIN AND SUPERSEDES ALL PREVIOUS AGREEMENTS.
• IN TESTIMONY WHEREOF, WITNESS THE EXECUTION HEREOF IN
DUPLICATE THIS THE DAY OF A.D. 1955-
THE CITY OF CORPUS CHRISTI, TEXAS,
LESSOR
BY
CITY MANAGER
ATTEST:,
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
sa
CITY ATTORNEY
HUMBLE OIL & REFINING COMPANY,
LESSEE
ATTEST:
ASSISTANT SECRETARY
BY '
SALES MANAGER
CORPUS CHRISTI, TEXAS
'19X5
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS ^
GENTLEMEN:
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
OF RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED,
AND THAT SUCH OPDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS '
IF THE CITY COUNCILS 1, 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,
J
MAYOR
CITY F CORP S CH ISTI, T AS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: X
P. C. CALLAWAY,(
• 11
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING' #T,:,
P. C. CALLAWAY �il.^ /• /// �l�t
t
ELLROY KING '
JAMES S. NAISMITH
W. JAMES BRACE
_ F. P. PETERSON, Jk- ,
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