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Home My WebLink About04404 ORD - 11/30/1955GGP:AC:11/30/55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY .JITH MRS. MARGARET J. BABE, A X112�jdj LEASING TO THE SAID MRS. MARGARET J. BABB ALL OF LOT T . BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PRO- VIDING FOR All EFFECTIVE DATE; AND DECLARING AN EMERGENCY. 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 FOR APID ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT, WHICH SHALL CONSTITUTE A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY, WITH, MRS. MARGARET J. BABB, A WIDOW, LEASING TO THE SAID MRS. MARGARET J. BABB ALL OF LOT 101 BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ACCORDANCE WITH THE TEEMS AND CONDITIONS SET FORTH IN THE CONTRACT AIiD LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT AND LEASE AGREEMENT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PRO- VIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RLSOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE P °IAYOR,HAVING DECLARED SUCH EMER- GENCY AND NECESSITY TO EXIST, AND 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 DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF NOVEMDER, 1955- MAYOR Pr �+ ATTEST:-" 9 THE CITY OF CORPUS CHRISTI, TEXAS . "Lich CITY SLC',ItTIkiZY APPROVED AS TO LEGAL FORM 4OVEMBER '�0, 105 : CITY r;TT02NEY f qo► / CONTRACT AND LEASE AGREEMENT THE STATE: OF TEXAS 0 0 KNOW ALL MEN BY THESE PRESENTSt COUNTY OF NULCLS 0 THIS CONTRACT AND LEASE AGREEMENT MADE AND ENTERED INTO THIS DAY OF NOVEMBER, 1955, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, RUSSELL E. MCCLURE. HEREINAFTER CALLED PARTY OF THE FIRST PART, AND MRS. MARGARET J. P�ABB, A WIDOW, OF NUFCES COUNTY, TEXAS, HERE- INAFTER CALLED PARTY OF THE SECOND PART, W i T N E S S E T H: THAT FOR AND IN f/ONStDERATION OF THE COVENANTS AND AGREE- MENTS HEREIN CONTAINED AND SUBJECT TO THE PROVISIONS HEREBY, THE PARTY OF THE FIRST PART DOES HEREBY LEASE AND DEMISE UNTO THE PARTY OF THE SECOND PART THE FOLLOWING LANDS AND PREMI5ES: ALL OF LOT 11), BLOCK 93, REACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. AS THE SAME 15 SHOWN ON A PLAT RECORDED IN VOLUME 10, PAGE 38 TO 41 OF THE OFFfC1AL MAP AND PLAT RECORDS RETAINED IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, CON- TAINING 7,300 SQUARE FEET. THE RENTAL FOR SAID PROPERTY SHALL BE ONE HUNDRED DOLLARS ($100.00) PER YEAR PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS OF EIGHT DOLLARS AND THIRTY -THREE CENTS ($8.33) EACH PAYABLE ON OR BEFORE THE FIRST DAY OF EACH MONTH IN ADVANCE. THE TERM OF THIS LEASE SHALL BE FOR ONE (1) YEAR TO COMMENCE AND BEGIN ON DECEMBER 1, 1955, AND END DECEMBER 1, 1956, AND SHALL BE RENEWABLE J ON A YEAR TO YEAR SA$tS TIlCREAtTER BY THE MUTUAL AGREEHCNY Oi T146 PARTIES HERETO. 111 IT IS FURTHER CXPRES$lY COVEHANTtt) AND AORECi JY AND aETWEEN THE PARTIES N' _'RE:TO THAT THt: PARTY OF THE FIRST PART SHALL HAVC THE PRIVILkGF. :AktO RIONT TO TE:R&7 NA'.'¢ THIS LCA1s. AT AizY TIM` DUAIS3w IT$ -'0404 Uw GIVING THE WARTY OF THE SECONI& PART THIRTY (30) OAY9 WRITTEN NOTICE TO VACATE SAID LEASED PRC- i$l5tS AND ^7N THE EXPIRATION tW S.A40 TIW-TY 6Jj JAY PCRIrsU THL NATY OF THE: FIRST PART SHALL TWL itl;VHT TO LiS!E.,a IPiTV ANO UPOA AW) RLFO:>`3 -: 35 4Ati7 ,02C'AISE5 Tw TYJC a:.,:I'LC- -'"E i�2';LJ fiJsi e,V 'IRK i`,ARTi' UP TR,'L w1ECOMo PAiIT AMD SAID WARTY rr)F 7`14 -, > "'%t. ilC r�AFT 5IIai.L -WA F ;iL. €'J.�T:lf =k 0_141 -',) sii;. :_LAI'l 01` AW j�IsSU A(`.All3T THzC ',aARiY 3F TME. FIRST PAi7T gC5sILT3i7,r FiKN4 OR if' THC TCR4S '1F THr , {:_':^ S: ,iTlS 4F THIu "_'AsL it Tw r.r "'Y L:_...+ ,Ci3'wlt. I 'NC r,4 i, I'; Cif" 1 IL PA0 IS TO ,X VSE7 FOR V01- :4, *,O 401 'TG ANN FOR TH£ LaNE 63A.'.. I.40TZLr •,1HICA !.OTEL iz� OWINE:, A: ;D OFLOATC�.t wY TH PARTY Of' THE SCCOND PART. TW PAiITY OF THL. `iE OtiH7 'r°A4CT wr'ista 91111 x.RLC17 :,P.t' 9.T4aU_TUkl OR IN— PROVEMENTS OF AriY #:Itii1 o," $A$0 PROI -CRTY ONLZZi5 THE WRITTEN CONSENT GF THc FAR'tY CW THL i tRSI V=ARY z:: 00TAINLU h'::i,al TO 171E 1ikGbi4R'IPoi: OF Sui, S CONSTRUCTION. ITii THE EVENT SIi:.11 w :UNSLNT L4, rx"J :'kilaL j: ) °L Ai..B 1061 G.Ui:H ;.ON4iTRUlTIUh UR fMPRCVE- NUITS MUST SL SUlso4I TTE0 7U THL 01 RCCTORs OF Puti' .I, "VK8 Cr TEL :,ITV CF CoRpU5 CHRISTI,, JZAASp VJR HIS APP&CVAL AND SUCMi COtiSTRUCTIOH OR IMP'ROVE'MENTS Wie -Li, BE ERECTEO Iu CU:CF;R9411Yp IN ALL il"PLZTS,k fO 7NL PLANS ANN SP €i.IFiCATl UR3S APPROVCJ ON %Af O ]IRE ^.TOR OF PWILI C,: WORKS. Vi IT IS FQP,PHER EXPRL35LY A';'J,C;D TNA'i ANY STRUC'TURr C 9 vil THE PANTY OF THE SECOND PART SMALL 0,Roviot sulTAatc SIGNS jmOj- IATING THAT THZ PREMi$9S ARE OPERATED BY THE PARTY Or THE SECOND PART AS A PART Or HER OWN BUSINESS AND *T BY THE PARTY Of THE FIRST PART. Vill THAT THE PARTY or THE SFCONG PART SMALL PROMPTLY EXECUTE AIJO FULFILL ALL THE ORDINANCE$ Of THE CITY or CORPUS CHRISTI APPLICABLE TO SAID PRZMiSCS AND ALL ORDERS AND RtQUIRCMCNTs IMPOSED SY THE HEALTH DEPART- MENT, SANITARY JEPARTMENTO ArtO P00CEI)CPARTMENT FOR THE = QRRCCTION, PRE- VENTION AVID AjaATZj4EtaT Of NUISANCES 19, UPON, OR C*NUECTEO WITH SAID PREMISES DURING THE TERN OF THIS LEASE AT HER OWK EXPENSE* Ix THAT F5 IS UUDERSTOOO AJIO AGREGO UY AND SETWER0 THE PA*tfFs HERETO THAT THIS CONTRACT AAD LEASE IS NOT AS'$IQRAML9 tU WHOLE OR PART AND THAT THE PARTY OF THE kCOfjD PART SHALL HAVE NO RIGHT OR AUTHORITY To sUa-LET THE PAEMISes Qf" A?TY PART THEREON AND THAT ANY ATTEMPT T,3 90 DO WILL Oc 0"UNDS FOR TCRMiUATIOtI Or THIS LEASC JY PARTY OF Tm Finsi PART. X TRY PA7&TV ,.wr T11r, St,-OADN PA-,.T SHALL XCCP SAID PRCMfSZS 1^1 A CLCAU AND ;BEAT C04DITtOW V40 SHA4,L TAKE 0.000 rARI: Or THE PROPERTY AND AT THE E"O OF THE TERM OF THIS LEASE. OR ON ITS BEf4G TERMINATED AS PROVIDED HEREIN, THE PARTY Or THE iECOND PART SMALL DELIVCR LIP THE DEMISED PqtMlsts IN GOOD ORDER AND •ONDITIOrd, NATURAL WEAN AND YEAR AND DAMAGES FIrY THE ELEMrQTS ONLY, EXCEPTED. X1 Twc PARTY OF THE SECOND PAqT STIPULATES AND AGREES TO HOLD WA;tNLESS AND Of:r6N0 THE PARTY OF THE FIRST PART AGAINST MfY HURT] fr4JURYj CLAIM OR DAMAGE TO PERSONS OR P"PCRTY WHICH OCCURS OR ARISES ON SAID DEMISED PROPERTY DURING THE TERM OF THIS LEASE AGREEMENT. Kit THE PARTY or THE SECOND PART STIPULATES AND AGREES THAT SHE WILL NOT REPIESV,17, ,704RIT OR INVOLVE IN A14YVAY SAID DEMISCO PROPERTY AS HER OWN OR AS THE UASIS of- aR SECURITY rant ANY )E=STS, LIABILITIES OR OOLIQATIONS ASSERTED AGAINST HERa, OZ3TAIMCD OR UNDFRTAKCPI IN HER OWN BEHALF. EQIT THAT IN CASE OF DEFAULT IN ANY OF THE AFORESAID COVENANTS, THE PARTY OF THE FIRST PART MAY ENFORCE A PERFORMANCE THEREOF IN ANY MANNER PROVIDED BY LAW AND MAY DECLARE THE LEASE FORFEITED AND AT ITS DISCRETION THE PARTY OF THE FIRST PARTY ITS AGENT, EMPLOYEE OR ATTORNEY SMALL HAVE THE RIGHT WITHOUT FURTHER NOTICE 011 DEMAND TO RE -ENTER SAID PREMISES AND REMOVE ALL PERSONS THEREFROM WITHOUT 0�11MG GUILTY IN ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDY FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE PARTY OF THE FIRST PART, ITS AGENTS AND EMPLOYEES MAY RESUME POSSESSION OF T11E PREMISES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENTAL THEY MAY OBTAIN ANDHOLD THE PARTY OF THE SECOND PART LIABLE FOR ANY DEFICIENCIES THAT OCCUR THEREFRON3 AND THE PARTY OF THE FIRST PART SHALL HAVE A LIEN AS SECURITY FOR THE RENTAL AFORESAID UPON ALL CHATTELS, IMPLEMENTS, TOOLS AND OTHER PERSONAL PROPERTY WHICH MAY BE PUT ON SAID DEMISED PROPERTY. xlv IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO, . THAT NOT WITHSTANDING THE TERMS, PHRASEOLDGK AND CONTENT OF THIS INSTRUMENT, THAT THIS INSTRUMENT SMALL CONSTITUTE THE GRANTING BY THE PARTY OF THE FIRST PART TO THE PARTY OF THE SECOND PART A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY. WITNESSETH THE HAMOS OF THE PARTIES HERETO THIS THE DAY of , 1955. ATTEST; CITY SECRETARY APPROVED AS TO LEGAL FORM NOVEMKR , 1955= ITV ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS BY SSELL E. qC LURE, CITY 111MAGrIt PARTY OF THE FIRST PART MRS. MARGARET J. SABS, A W DOW PARTY OF THE SECOND PART -4. CorpuyC,hristi, Texas { Q 1955 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 suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, 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`,�� M� MAYOR ,e �.,-, THE CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli_ W. J. Roberts —.'.�. B. E. Bigler 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. Maldonado y��y