HomeMy WebLinkAbout04321 ORD - 08/24/1955` em:8/22/55
SECTION 1. That the City Manager of the City of Corpus Christi,
Texas, be and he is hereby authorized and directed to execute for andon
behalf of the City of Corpus Christi, a contract with Wayne Ward, Jr.of
the City of Corpus Christi, Texas, leasing certain land at Cuddihy Field
to be used for agricultural purposes, a copy of which contract is attached
hereto and made a part of this ordinance.
SECTION 2. The necessity of obtaining revenue from farm lands
at Cuddihy Field immediately creates a public emergency and imperative
public necessity requiring the suspension of the Charter rule that no or-
dinance or resolution shall be passed finally on the date of its intro-
duction and that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared that
such public emergency and imperative necessity exist, and having requested
the suspension of the 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 SO ORDAINED,
PASSED AND APPROVED, This theday of August, 195,5.
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�f =CiTY �F CORPUS CHRISTI, TEXAS
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APPROVED AS PTO, LEGAL FORM AUGUST "� -, 1955.
111 ity Attorney
4321
ACO/12/55
THE STATE OF TEXAS
COUNM OF NUECES
Tools AssetwoT MADE AND EHTtwo INTO THIS THE DAY or AUGUST,
A. D. 1955, BY AND BETWEEN THE CITY OF CORPUS CHRISTI# TEIIAs, A WMICIPAL COR-
PORATION, HentINArTER CALLED "CITY" AND WAYNE WARD, JR., Or NUECES COUNTY,
TEXAS, HEREINAFTER CALLED "31181,E83EEd,
4lzii 5 E T H.I
THE CITY OF Campus CHRIsTI, TEXAS, DOES BY THESE PRESENTS LEASE
AND DENISE UNTO THE SAID WAYNE WARD, JR., SUBLEDSCC, THE FOLLOWING DESCRIBED
PREMISES, TO+WITC
THE LAND SeTWEEN AND SURROUHbINa THE RUNWAYS, CaN-
cwc Aroons AND ROADWAYS AT CUODIHY FIELD IM NUECES
COUNTY, TEXAS, CONTAINING APPROXIMATELY 231 ACRES.
THE ACTUAL ACREAGE SHALL BE DETERMINES BY THE MEASURE-
MENT OF THAT PART Or CUDDINY FIELD WHICH IS THE AREA
UPON WHICH IS LOCATED THE RUNWAYS AND WHICH IS UNOCCUPIED
BY BUILDINGS AND SUSTRACT*xo room SAID ACREAGC TNt ACReAsC
OCCUPIED BY RUNWAYS, CONCRETE APRONS, AND ROADWAYS AND THE
MARGINAL LANDS THEREOF AD Dts1aNATED BY THE Alo"ItT MANAGER
OF THE CITY Or CORPUS CHRISTI, TexAS,
IN THE EVENT SUCH LANDS EXCEED 231 ACRES, THt RENTAL
SHALL BE CALCULATED UPON THE ACTUAL ACREAGE SO DETtAII1NED,
FOR THE TERM OF TWO (2) YEARS DtaiHNING AUGUST 31, 1955, AND ENDING SEPTEMBER
Is 1191'57.
THE SUSL£SSEC IS TO PAT THEREFOR AS RENTAL: A YEARLY CASH SONG PER
ACRE or six DOLLARS AND FIFTT CtMTS (66-50), SEING A TOTAL YEARLY CASH DONUS
or ONE THOUsmo FIVE NUHDREO AND ONE DOLLARS AND FIFTY CENTS ($1,501.50), PAYABLE
IN ADVANCE, THE FIRST PAYMENT OF $1,5501.50 REINS DUE AND PAYABLE ON OR BEFORE
THE 10TH DAY Or AUGUST, 1955, AND THE SECOND PAYMENT Or $lp.501.50 BEING DUE AND
PAYABLE ON OR strORE THE 10TH DAY or AUGUST, 1956. THE SUDLEDSCE IS ALSO TO
PAT AS PART OF THE REHYAL ONt+foURTH (1/4) owes YIELD of ALL COTTON AND COTTON
BUD, AND 0119-THIRD, (1 %3) GROSS YIELD or ALL seem AND aTNER Coops RAISED UPON
SUCH PREMISES HEREIN DCSCRIOCD DURING THE TCRMS Or THIS LEASE, WHICH SHALL be
Dtl.1VERE0 rate of ALL COST AT THE MARKET OF CORPUS CHRISTI, TEXAS. IT Is UNDER-
STOOD THAT WHEN THE CROPS ABC HARVESTED ON TUC PREMISES HEREIN DESCRIBED THAT
SUSLtSSCE WILL GIVE NoTICt To THE AIRPORT MANAGER or THE CITY THAT SUCH CROPS
AMC BEING HARVESTED. SUBLESSEE .SHALL 9tAR THE EXPENSE OF COHBININA 10A1N, BUY
COSTS OF CiNN14C COTTON AUD COSTS OF HAKI NG GRAIN SHALL BE SOMME PROPORTIONATELY
BY CITY AND SUN- LESSEE.
THIS LEASE IS SUBJECT TO TIIE FOLLOWING CONDITIONS AND COYEHANTSS
1. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO
BE USED FOR AGRICULTURAL PURPOSES ONLY# AND THAT PREMISES ARE NOT TO BE USED
FOR ANY OTHER PURPOSE THAN THESE HEREIN SPECIFIED UNLESS CONSENTED TO aY THE
CITY IN WRITING.
2. IT IS FURTHER UNDERSTOOD THAT SUBLESSEE SMALL KEEP A TRUL AND
ACCURATE BOOR OF ACCOUNTS RCOARDINO ALL BUSINESS MATTERS PERTAINING TO THE
ABOVE DESCRIBED CULTIVATION OF THE PREMIS95 HEREBY LEASED, AND SUCH SAID
BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY, REPRESENTED BY THE CITY MANAGER
ANO/OR its AIRPORT MANAGER.
3. IT IS ESPECIALLY UNDERSTOOD ANN AGREED THAT THE ,CiTY MAY AT
ANY TIME BY WRITTEN NOTICE REPOSSESS ALL ON ANY PART OF THE ABOVE LEASED PRE-
MISES FOR USE AS AN AIRPORT OR IN CONNECTION WITH THE OPCRATIOPI OF AN AIRPORT#
AND IT IS FURTHER UNDERSTOOD AND AGREED THAT THC CITY, IN THE EVENT OF SUCH
REPOSSESSION, SMALL BE AUTHORIZED AFTER HAILING SUCH SAID WRITTEN NOTICE BY
REGISTERED NAIL, TO ENTER UPON AND TAKE POSSESSION OF SUCH PREMISES AS DESCRIBED
IN SAID NOTICE. IT IS, FURTHER, UNDERSTOOD AND AGREED THAT 3U6LESS:C15 DAMAGES
IN THE EVENT OF SUCH REPOSSESSION SMALL BE LIMITED TO THE ACTUAL EXPENSES OF
SUBLESSEE IN PUTTING SAID PREMISES IN SHAPE FOR PLANTING; THE LABOR; SEED, IF
ANY; AND TRACTOR EXPENSES, USED IN THE CULTIVATION OF $AID LANG AND NO DAMAGES
SHALL BE PAID OTHER THAN THOSE HEREIN ENUMERATED.
4. SUBLESSEE AGREES TO PAY FOR ANY AND ALL DAMAGES TO ANY UTILITY
LINES OR EOUIPMER!T LOCATED ON SAID LAND WHICH MAY BE INCURRED BY FARMING OR
AGRICULTURAL OPERATIONS OR TO REPLACE ALL OF SUCH LINES INJURED OR DESTROYED
AS A RESULT OF HIS OPERATIONS.
5• SUBLESSEE AGREES NOT TO SUB -I.ET THE LEASED PREMISES OR ANY
PORTION THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING*
6. THE SUBLESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTE, AND SMALL KEEP THE SAID PREMISES
IN GOOD REPAIR AND AT HIS OWN EXPENSE, AND AT THE END OR OTHER EXPIRATION OF
THE TERM OF THIS LEASE, SMALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND
CONDITION, AS SAME ARE NOW IN$ NATURAL WEAR AND TEAR AND DAMAGE FROM ELEMENTS
ONLY EXCEPTED.
i. THE SUBLESSEE AGREES TO PAY FOR -ALL UtILA TIES USED AT THE PRE-
MISES LEASED BY HIM.
.2-
8. 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 BEING QBSERVED
AND CARRIED OUT.
g. 5U9LESSEE AGREES NOT TO USE SAID PREMISES FOR ANY ILLEGAL
OR IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL OF THE LAWS OF THE STATE,
THE UNITED STATES, AND ILL RULES $ET OUT 13Y THE CITY MANAGER OF THE CITY
OF CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES.
10. THE SUBLESSEE SHALL NOT PERMIT MALTA VINOUS, OR ALCOHOLIC
BEVERAGES IN THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING ON ANY PLACE
WHERE SUCH WOULD BE A FIRE HAZARD AND WILL AT ALL TIMES DISPLAY "NO SMOKING„
SIGNS WHERE DESIGNATED BY THE AIRPORT MANAGER OR CITY FIRE ;EPARTMENT.
11. THE SUBLESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE
ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND
ALL ORDERS AND REQUIREMENT$ IMPOSED BY THE BOARD OF HEALTH, SANITARY AND POLICE
DEPARTHENTS, FOR CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN, UPON,
OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE.
12. SUBLESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY
OF THE COVENANTS AND CONDITIONS OF THIS LEASE, THE CITY MAY ENFORCE THE PER+
FORMANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAW, AND MAY DECLARE THE
LEASE FORFEITED AT ITS DISCRETION, AND IT, ITS AGENTS, OR ATTORNEY, SHALL HAVE
THE RIGHT, WITHOUT FURTHER NOTICE OR OEMAND, TO REENTER AND REMOVE ALL PERSONS
THEREFROM, WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT
PREJUDICE TO ANY REMEDIES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM AT
THE BEST RENT IT MAY OBTAIN, FOR THE ACCOUNT OF THE SUBLESSEE HEREIR, WHO SHALL
MAKE (1000 ANY DEFICIENCY, AND THE CITY SHALL HAVE A LIEN AS SECURITY FOR THE
RENTAL AFORESAID, OR ANY RENT DUE ANDUNPAIG UNDER SAID LEASE, UPON ALL CROPS,
GOODS, WARES, CHATTELS, 114PLEMENTS, FIXTURES, FURNITURE, TOOLS, AND OTHER PER-
SONAL PROPERTY WHICH ARE NOW LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED
ON SAID PREMISES BY SAID SUBLESSEE, WHICH LIEN SHALL BE CUMULATIVE OF THE
STATUTORY LIEN CREATED 3Y LAW AND IN ADDITION THERETO.
13. THE SUBLESSEE SHALL STORE NO MATERIALS OR SUPPLIES IN OR
ABOUT THE SAID PREMISES WHICH WILL INCREASE THE FIRE HAZARD OR INSTITUTE AN
UNUSUAL RISK IN THAT CONNECTION AND LESSEE SHALL AT ALL TIMES USE THE PREMISES
IN SUCH A HARMER AS NOT TO ENDANGER THE PROPERTY LEASED.=
14. SUBLESSEE AGREES THAT IM THE EVENT DEATH OR INJURY OCCURS TO
ANY PERSON 00 LOSs, DESTRUCTION OR DAMAOC OCCURS TO ANY PROPERTY 10 CONNECTION
WITH INC MAINTENANCE, OPERATIONS OR REPAIR OF THE LEASEO PREMISES AND THE
FACILITIES COVERED NEREUNOtR, OCCASIONED BY THE ACT OR OMISSIONS OF TUC
SU$LESSCE HEREIN, HIS AGENTS OR EMPLOYEE$, THE SUSLESSEE AGRCCS TO INDEMNIFY
AND SAVE HARMLESS THE CITY FROM AND AGAINST ANY LOBS, CXPEN$E, CLAIMS OR
DEMANDS TO WHICH THtCITV MAY BE SUBJECT AS TUC RESULT Of SUCH DEMAMOS, LOSS,
DESTRUCTION OR DAMAGE.
155. THE CITY SHALL NOT BE RESPONs18LE FOR DAMAGES TO PROPERTY OR
INJURY TO PERSONS WHICH MAY ARISE INCIDENT TO INC EXERCISE Of THE RIGHTS AND
PRIVILEGES HEREIN GRANTED.
16. IT i$ EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES NERCTO,
THAT THIS LEASE IS SU€3JECT Ttl A LEASE BY THE UNITED STATES OF AMERICA TO THE
CITY Of CORPUS CHRISTI, TEXAS, PERMITTING THE USE or U. S. NAVAL AuxILIARY
AIR STATION, CUOOIHY FI£LON CORPUS CHRISTI, NUECES COUNTY, TExAs, OR A PORTION
THEREOF, TNEREBY, AND SAID LEASE IS CONTINGENT ON SUCH LEASE. WITH THE UNITED
STATES OF AMERICA AND THE TERMS THEREOF, AND ALL RIGHTS OF THE LESSEE ARE
SUBJECT TO THE TEAM& OF SAID LCABC WITH THE UNITED STATES OF AMERICA, AND IT
I$ FURTHER AGREED THAT THE CITY IS NOT TO BE LIABLE, IN ANY MANNER FOR DAMAGES
OF ANY M.AYuRE, FOR ANY TERMINATION OF THIS LEA4t OR CHANGES OF TNC RIGHTS Of
THE SUaLESSZCy BY VIRTUE Of ANY ACTION TAKCN BY THE UNITED STATES OF AMERICA
OR TNCIR AGENTS 8Y VIRTUE Of AFORESAID LEASE.
17. SUBLEASEC FURTHER ACRESS TO KEEP AND MAINTAIN IN FULL FORCE
DURING THE TERM OF ?"Is LEASE AND IN COMPANIES ACCEPTABLE TO THE CITY: PUBLIC
LIABILITY INSURANCE IN THE AmouNT CIF FIFTY Tmous Nb AND mo /100 ($50,0w,m)
DOLLAn. SUCH POLICIES STALL SPECIFICALLY INSURE THE OBLIGATION UNDCRTAKCN IN
PARAGRAPH 18 HEREOF AND SHALL NOT CONTAIN A SUBROGATION CLAUSE WHICH COULD IN
ANY WAY ENCUM13CR THE SAID CITY OR THE UNITED STATES OF AMERICA.'
18. IT IS PURTMER UNDERSTOOD AND AGREED THAT SHOULP INC LEASE
HELD sy THE CITY FROM INC UNITED STATES or AMERICA, COVERING THE PROPERTY MEREST
SUBLEASED, INC TC041HATEO OR SURRCHOERCD BY THE CITY BACK TO Inc UNITED STATES
or AMERICA, THEN, IN SUCH EVENT, W13 LEASE SMALL TERMINATE AND THE CITY IS
NOT TO DE LIABLE, IN ANY MANNER FOR DAMAGES or AMT NATURE BY REASON Of TUE
CITY'S SURRENDER Of ITS LEASE TO TOR UNITED STATES O► AMERICA OR INC TERMINATION
Or SAME. MDWEVER, IT 13 UNDERSTOOD AND AGREED THAT THERE 15 TO BE NO MANHCA
Of LIABILITY ON THE PART Of THE CITY FOR THETERMINATION OF THIS LEASE FOR
SUCH REASON.
19. THIS CONTRACT CONTAINS PROVISIONS AGREED UPON BY THE PARTIES
HERETO AND DISPLACES ALL PREVIOUS VERBAL OR ORAL AGREEMENT.
EXECUTED IN TRIPLICATE, THIS THE DAY of , 1955-
CITY OF CORPUS CHRISTI, TEXAS
BY
ATTSSTa CITY MANAGER
ITV SECRETARY
APPROVED AS TO LLGAL FU M AUGUST 195;-:
CITY ATTORNEY
AYNE WARD, R., SUSL£SSEE
THE STATE If TEXAS }
COUNTY OF NIECES }
BUORL ME, THE UiDERSIGIIED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO
NE TO BE THE PERSONN WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLC�+rED 1`0 ME THAT HE EX €CUTER THE SAME FOR THE PURPOSES AND CONSIOERATION
THEREIN EXPRCS$", IN THE CAPACITY THEREIN STATED AND AS THE ACT AND C^EEL) OF
SAID CITY.
GIVEN UN : W HAND AND SCAL Lf OFFICL, THIS THE DAY Of AUGUST, 1955.
NOTARY PUBLIC IN AND FOR 14UECES QUOTV, TEXAS
THE STATE OF T AAS
COUNTY OF NIECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
WAYNE WAR;), Jii., KHOWN TO HE TO BE THE PERSON WHOSE NAME I$ $UUSCRIBCO TO THE
FOREGOING INSTRUMENT Aiiu ACKNOWLEDGED TO MC THAT HE EXECUTED THE SAME FOR THE
PURPOSES AND COtUSIOZRAT1ON THEREIN EXPACSSCO.
GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE DAY OF AUGUST, 1955-
[VOTARY PUBLIC IN AND FOR SfUECES COUNTY, TexAs
CORPUS CHRISTI, TFXAC,
955
TO THE MEEISERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREG"11;'1
0. @DIN,q N10Ey A PUBLIC EMERGENCY A110 IMPERATIVE NECESSITY EXIST FOR THE SUSPEPi --
SIO.N OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
DE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE -OR
RESOLUTION SHALL EE READ AT THREE MEETINSS 'IF THE CITY COUNCI!_; 1, THEREFORE,
NEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQ'JIREHENT A:'!D PASS
T IiIS CRDi NA ^ICE FINALLY ON THE DATE IT IS INTRODUCED, 0'3 AT THE PRESEPIT MEETIP-'
OF THE CITY COUNCIL.
RESPECTFUL' Y,
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER PULE 41A5 SUSPENDED EY THE FOL.L0IJING VOTE:
FARREI_I_ D. SMITH ,1
41 NOR CULL
W. J. ROUERTS.
B. E. BIGL ER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE'
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALD'ONIADO
q 3z i