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HomeMy WebLinkAbout04281 ORD - 07/20/1955A-7/15/55 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 12,376 SQUARE FEET OF THE MUNICIPAL WHARF, FOR AND IN CONSIDERATION OF THE TERMS AND CON- DITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF: DECLARING Aid E14LRGE44CY.- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOP, AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE pA CONTRACT AND LEASE AGREEMENT WITH BILLY PUGH, LEASING TO SAID BILLY PUGH 12,378 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 IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR DERIVING REVENUE FOR THE UPKEEP OF 3AY FRONT IMPROVEMENTS CREATES A PUBLIC NECESSITY REQUIRING THE SUSPENSION dF 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 INTRO- DUCTION 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 DAY OF JULY, 1955• MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTE" . CITY SF CiiVrA RY r L APPROVED AS TO LEGAL FORM: JULY Ac , 1955 CITY 'sTTORNEY ' yogi CiiM�TRACI ANTE L41S A9r..+►7L#.MMEiIT M :M TL Cf T€ r -S 0 0 KNOW ALL HIM BY THESC 1IRLUNTS: LJtkTV it WELLS 0 THIS COMPACT ANV L4�SL %+GHCCIILAiT IMARt AND CMTERt.O INTO Ti1Ms 71�Y of . 1955. Nr AND NETWMI THE CITY Of CORPUS CHRISTI. lk -XAS. A NUNICIPkL. CORPORATION, ACTIIIO MIY AND THROUGH ITS RULV AUTHORIZED C;IV kANAUCA. &USSid.LL L. 40CLIRt, NERE11FAfTER CALLED PARTY ✓3f TN! a IRST M'A*T. AND 6iLI.V I'V414 of Nuke EA COUNTY, TExAS, HEREINAFTER CALLED PARTY OF THE. 44COND PART. �' ITN 15S!TH THAT FOR AND MR cONsi O&TIATION or TNG COVENANTED ARO AGRCCHCNTs HCRCMN CONTAINED AND sINIJECT TB TN& PROVISIONS HLRCOY. THE PA07V OF THE TMNST MART 0015 NEREDV LEASE AND DEMISE UNTO THE PARTY OF THE SECOND PART THE fOLLows"l LANDS AND PRLHISES: BEGINNING AT A POINT. THE INTCRSCCTION Of TUC CENTEN LINE Of THE STM $MEET PILING ON THE SOUTH s116 Of THE MUNI- SIPAL 4kARS AND THE EAST VACt Of THE DOTTON STEP Of TUC $CAWALL: THENCE N. 730 - 41• - 40° W.. 11 FEET TO A POINT; THCMCE K. 190 - 101 - 201' L.. 71.3 fSAT TO A POINT ON TN& SOUTH FACE Or TUC SOUTH WALL Of THE NOAD RAMP. TMMCNCS 9. 730 - 410 - GOP L.., ALONG TNC SOUTH FACE Of THE $00700 §MALL Of THE ROAD RAHP, 137 FELT TO A POINT. $A M POINT BEING TUC COO OF TUC SOUTH WALL Of SAID ROAD 11AMP, THCRCC S. 300 - $99 - 400 L., 83 FEET TO A POINTS TMCMC& S. 16D - 180 - 20" W.. 15 F&&T TO A FO1MT ON TNC CENTER LINE OF THE $TCCL SMELT PILING ON TMC SOUTH 0104 Of INC MNNIICIPAL WHARF= 1fNERcC M. 130 - 419 - 40- W., ALONS TNC CCNTCR LINE Of THE STLCL s1/6&T PILING ON TUC SOUTH 51O& Of TUC MUNICIPAL WW"f. 167 FELT TO THE PLACL Of OLS1101". (411TAINING 12.378 $OMAN& FCCT. WITH 7N& 014,111 Of 1N4RCS0. AND CORL$S FOR TUC USES Of INC PROPLNTV HCRCOY DCMMMOCG As NCNCiN PROVIDCO. OUT IT IS []NRCs$LY STIPULATED THAT SUCH A141IT —1- OR IMORCSS AND EORESS SHALL NOT INCLUbt THE RIGHT TO OBSTRUCT INC USE !Y THE 6E0ERAL PUBLIC FOR PASSASEYAY OVER AND ACROSS THE LAND AND PIIENI5ES ADJACENT TO THE ABOVE DESCRIBED TRACT OF LAND AND SUCH PASSASEWAY SHALL AT ALL TIMER BE KEPT UMOBSTRIICTE;D BY PARTY OF THE S*COM IF PART, ITS AIi EMT%. ftRVANTS. ENPLDVEES. AND PATNONS. THE RENTAL FI14` %AID PNOPE"xTY $WALL DG Two H#Rf}NED WLLAR9 ($200.00) PER MONTH PAYAGLE 001 €DR $&FOAL THE FIRST DAV OF E9CII 0404TH IH ADVANCE. II THE TERM Of T1415 LEASE. SHALL S£ Two (2) WARS TO COMMENCE AHD OB14N OH SSPTEMBER 1, 19,55 AND EHO UPTEmaut 1. 19ST. THAT SAtb AROIPENTY 46 TO !S USED VON THE OPSRATFON Of A BOAT SERVICE CONSI$TI106 Of PtLILFOIIH- INS SERVICES FOR SMALL&K %*AT% SUCH AS WASHING DOWN, CLEARING. ChIIE� AMU INSPECTION AND MARINO MINOR REPAIRSo PROVMOINO CRCWS rOR BRATS AND P&RFORN+ IRS tNEBOtiM;Y YORK THERCON AND FOR NO *THCR PUBPQSC. III THAT THE. WARTY OF THE SECOND PART $HALL HAVA,THE 0416MT TO ERECT IMPRDVE1ItMT5 ON SAID PREMISES, YN4EH IMPROVEMENTS SMALL BE IN DESIGN AND QUALITY IM REEP4111 YITH THE (JAY GROMT AREA AND THE PLANS AND SPEtITICATIOMS, 6064E INC ERECTION THEREOF, NOISY 6E SIjMITTEQ TO THE FARK AND RECRIATIQM (BOARD. AND ITS APPROVAL OOTAIMLO GCFORE THE ERECTIQM A!0 COMSTMYCVIQR Of AMY StoCM IMPROVEHtNTS. THE 6111404006 CQMSTRUCTC0 OF CONCRETE OLOCRS, NOW LOCATE® ON THE PRtNISES, IF LEFT 00 THE "CMISEI, .SHALL $C CONSIDERED AS MAVIRB *CEO ERECTED APNEA INC PROVIOIOlS Of IRIS COMTNACT. ALL CONSTRUC+ T1OM Of CVCRY KIND SMALL AT THE TERMINATION OF T1111 LEASE IECOHE THE PROPERTY or THE CITY OR AT INC OPTION OF THE CITY THE CITY MAW RSQUINt THAT ALL IN- PNOYEMEMTS RE. REMOVED FROM THE PREMISES AT THE ERPEMSE of THE LES6EB. IV THAT FARTV or THE SECOND FART SMALL PROVIDE SUITABLE SINN$ IN- OICATINO TNAt INE PREH4SES AEI% OPERATED ST THE PARTY OF THE SECOND PART AS HIS ONM MOIRE" AND NOT !r TMR PARTV OF THE !"IIIST PART. .7. I v YNAT THE PARTY OF THE $it40110 PART SMALL PNOMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES Of THE CITY OF CORPUS CNRISTI APPLICABLE TO SAID PREMISES AND ALL ORDERS AMD REOUINENENVS IMPOSED DV TUE HEALTH DE- PARTMENT, 24NITANV OCPARTWAT. AND POLICE 09PART111E11T FOR 1I1E CORRECTION. PREVENTION AND ABATENEIIT OF NUISANCES 10. WON. DR CONNECTED WITH SAID PREMISES DURING THE TERN OF THIS LEASE AT HIS ONN EXPENSE. YI tKAT 11 IS UNDERSTOOS AND &BAKER BY AND SETWELM THE FARTIES ULNETO THAT THIS CONTRACT AND LEASE IS GOT ASSIGNABLE IN MMOLE OR PART AND THAT THE PANTT OF THE UtOWO PART SMALL RAVE NO RIOHT OR AWTMONITV TO 3US —LCT THE PRENNSES OR ANY PANT THEREON AND THAT ANY ATTEMPT TO Sao a* MILL BE ORDUI/B3 VON TENHIMATIOH or THIS LEASE BY PARTY OF THE FIRST PANT. V!T THAT THE PARTY Or THE 'SECOND PART SMALL KE9P SAID PRENISCS iN a CLEAN ANO NEAT CONDITION AND $HALL TAKE 0000 CARE 4F INC. PROPERTY XEEPIRG TUC 1XIPPOYEHENTS ^100 DUILOINIS 10 REPAIR AND PAINTF0 AND SUFFER NO WASTE BUR- IN'S THE TERM OF THIS LEASE ANO AT THE E.MD ON OTHER EXPJRATIOW Cf THE TERM SMALL DELIVER UP THE OEMISCD PNEW SES 10 QDOD ORDER AND GONDITION, NATURAL NEAR AND TRAM AND DAMAGE* BY FINE AND ELCnENT& ONLY. EACLPTED. will "THAT PARTV OF THE :kCOMO CART STIPULATES AND AGREES TO HOLD THE WARTY OF TW 6 JOIST }'ART HAWHLESS FOR ANY HURT„ INJURY OR Oi•MAGE TO PERSONS OR PROPERTV CAUSED BY P'ARTT OF TMa SLcoma PART °5 OPEPATioN OF °sAiD BU'klNE.Sl3 AND AGHLES TO CARRY PL41LIC LIASILITV INSURANCE WON THL SAID DUSIMEaS IN THE AMOUNT OF FIFTY TMOUSAND DOLLARS (00.000.00). IX )HAT FARTY OF THE SECOND P'AR'T STIPULATES AND AGREES THAT HL WILL INCUR HD DEBTS AND OBLIGATIONS OM THE CREONT OF THE TARTY D► THE FIRST TART JR THE OPERATION Of "$AID *Noallw n NOR SMALL THIS AGRECNENT EVER iL COMSTRUf.G AS GIVING UARYY GF INC SBCDRD PART THL MIGHT TO 00 SD. x TMAT in CASE Of DEFAULT 40 ANY OF THE AFORESAID COVENANTS. THE PAOTV 001 INK F IwST PART MAY taftqgg A plEptreaRAMCC TH&Rjor IN pMy 0001E pin. VIDEO By LAW AN& MAY OtCkAlllt 7019 LEAST. PONFEITLO AT 179 DISCRETION. AND PARTY OF THE f INAT PART, ITS AGENT. EWLQVEE OR ATTOPN&Y SHALL HAVE 7HE RMOT WITHOUT TURIN" NOTICE an optw4job TO *E_jNTap AND IIENOVg ALL ptokIWAS THEREFROM WITHOUT BEING CUILTV OF ANY MANNER OF TRISPAS3 AND WfINVUT 009- OVOICE TO ANY RtfltbV FOR ARREARS QV RENT ON BREACH OF r�OVENAXT# OR THE F$'ARTV Of THE f JUST rAftlf, ITS AOCHIS mo EMPLOYEES MAY RE5Uw' POSSESSION " THE PlItNISCIi kNO ME-LET THE SAME fO* THE R9MAlNOkR Of THE TERM AT THE ISL5T RVAY THEY MAY OBTAIN AND HOLD THIS �ARTVI*r THE :;ECOND PART FOR ANY OmclEntic%; AND "L PARTY of THE IIRST PART *"ALL "we A Lot* As st- CURITY FOR THE *CRT 4r04E6AIO UPC* T14L RUILD11466* CIIIATTEL16 INFLLNENTi" TOOLS ANO 01"ItIll PERSONAL PROPERTY W141CII ARE. OR MAY BE PVT, ON THE Ge- Histo PACHISLs. WI TOT L'SlUt" 71119 H"b# 00' THE PAJITIL5 K"V.70 THIS THE DAY of , IS55. i'7TilT% CITY kutirAitv APMAD AS TO LLCAL IORN: CITY AwTosviv .4— THL (ITV PLW! uwus cit I ST 1. TEXAS uv kvssKLL L. RcCLumi. CITY fliAmAisce PARTY of volt stgono PART CORPUS STI, TF XAs 1 555 f= TO THE MEMDERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SfON OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION ShALL. DE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDIfIAIICE -OR RESOlUTIOH SHALL BE READ AT THREE :4EF_TI N-S OF THE CITY C6.Ui`JC11_, 1, THEF,'F -.RE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RU'.E OR REQUIREMENT A "ID PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESEt'.T MEETIV'G OF T71E CITY COUNCIL. RESP:_CTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED FY THE FOLLO'dI NG VOTE: FARRELL D. SMITH MINOR CULLI W. J. RDOERT$ D. E. BI GLER NIANUEL P. 111ALDONADO (_�(:� -( � THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: `fzg� FARRELL D. SMITH ---r`" a -'-i -- MINOR CULLI W. U. ROBERTS 6. E. BIGLER MANUEL P. MALDONADO C1_.'1L7 `fzg�