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Home My WebLink About04532 ORD - 05/16/1956A-5 /15/55 AN ORDINANCE AUTHORIZING AND 'DIRECTING THE CITY IMAIAGER FOB AND U' BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH J. W. HUNNICUTT, LEASING TO THE SAID J. U. HUNNICUTT THE EAST OF LOTS 11 L 12 AND ALL OF LOT 2, FLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, HUECES COUNTY, TEXAS, FOR AND III CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF '.1HICH 13 ATTACHED HERETO AND MADE A PART HEREOF; PRO- VIDING FOR AN EFFECTIVE DATE; AND DECLARING Afd EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION I. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT AND LEASE AGREEMENT, WHICH -SHALL CONSTITUTE A MDNTLY USE PRIVILEGE OF A PUBLIC FACILITY, WITH J. W. HUNNICUTT, LEASING TO THE SAID J. W. HUNNICUTT THE EAST 15' OF LOTS 11 AND 12 AND ALL OF LOT 2, :BLOCK 931 BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTHIN THE CONTRACT AND LLASE AGREEMENT, -A COP`( OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR 'ENTERING INTO THE CONTRACT AND LEASE AGREEMENT DESCR13ED 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 RESOLUTION SHALL 3E READ AT THREE SEVERAL IIEETINGS OF THE CITY COUNCIL, AND THE MAYOR, 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 BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE / DAY OF MAY, 1956. ATTEST: MAY 03 CITY SECRtTA ,/ THE CITY OF CORPUS CHRISTI, TEXAS MiAY 1'S, 1950 I i CITY ATTORIEY Alt5/14fgf TIDE STAR OF WM slrv+t or mm= 00 A 00 4Y rase 1Ma MIlit 11413 CQIITUCT AM I.EA3e AGN"W, Mu►t?t AND twuntO into TNIs � AT Or MAY, 1%6, NY AND StTV M TK CITY Or Coo*$ Cal "evi, TOM* A MUNICIPAL CORPORATIOR, ACTING BY AND THROUSM ITS DULY AUTROMIZee CITY maAas", WWLL eo WCLURTy MMINAF*TEO CALLEO OPARTY OF THE FIIWT FARTw, ANA & W. iIUBNIEUTTI Or iSI M CIVNTT, TEXAS, 11CM91NAPUR CALLED "PARTY Or TUR S£CONO FART', tillillElml THAT roe Am IN tONe#OERAT#ON OF THE I;OVCIIAMTS ANN AsaaaIIENTII mint CONTAIN= AND "DJUT TO TNt PROVISIONO *11A Y, THE PAM Or THE Fl#OT PONT" SOE$ NERCSY LEAN[ Am S£MISC UNTD Tllt PARTY Or TML SROONO NAw V110C rOLLOW#Nw LANDO AND PREIIIll"t TUC CAST 15' Or less t# & it &W ALL Or LOT $, sLetN $1.% ftk6M AWTION Te TNt CITY AW COMM CMRIsT#, waste COUNTY, TENAN, AS TMt smo; IS ww" ON A PLAT RSSeRDCt IN TNt Orr#tt OF TNC COWITT CLEAN Or NwIts COWMTY, TEItAO. i THE RERTAL FIFO SAID PROPERTY SMALL St FlI"TT INILLARN 0".W) PER YEAR PAYABLE IN TWELVE (12) NONTMLY INSTALLMEMTS Or FOUR 1NLLARS AND SEVrAV%4N GENTS (04«17) gull PATASLt ON OR BEFORE TMC FIRST DAY er EACN W M IN AOVMCt, 11 THE TERM OP TRIS LEASE SMALL SE reR ONE (1) YEAR TO OSMI ftl AND OtI;IN ON APRIL 1, 1956, A" LND MAOOM 31, 1937, on saftt NC RENEWAsLE ON A. YEAR TO YEAR BASIS TNtR£AFTtR BT THE NMTSAL ASRCCKCIIT Or TNt PAOTtn IItn". lit IT III FUNTIHCR t1p*mLY COTENANTtD AND ASRE£D By AND B£TWCCN TIM PARTIES HERETO TWAT ENE PARTY OF TMt FIRST FART SMALL HAVE THE PRIVILCSC AND RIONT TO TERMINATE THIS LEASE AT ANY T#NE OURIMS ITS T£BN ON SIV #NO TMt FART? Or THE SECOND FART TRIRTT (30) SAY& WRITTEN NOTICE TO VACATE SAID LEAO[O Pat- MISt* AND ON THE t%PIRATIOII Or SA#a THIRTY (0) DAY PERIOD THE PARTY Or THE FIRST FART SMALL HAVE THE RIONT TO ENTER INTO AND UPON ANO OtSSSSCS4 SAID OWMI$tS TO TIRE COMPLETE t1{CLUBloO or TNS PARTY Or THE SECOND PART An OAIo PARTY or THE SECOMO PART SMALL MAKE No rURTOER OLMAND 08 CLAIM Or ANY 9100 ASAIN &T THE PARTY OF THE FIRST ►ART 1194NLTIRO FROM OR SOOWIHS OUT Or THE TERMS of THE PRO - YIS19N& OF THIS LEASE A& *ZEMEMT. IV THE PROPERTY LEASED MEMtIN TO TOE PARTY Of THE SECOND FART IS TO St 41$" rM THE &OL -t 4101 EXCLUSIVE POIPOOE AS A PAMHIHO LOT. V THE PARTY Of THE ItcoHO FART SMALL HOT ERECT ANY STRUOTURE SR IN* PRBVEMEHTS OF ART KIND 00 *AID P%RpMY UNLESS THE WWOTTSO COHSEOT of THE PARTY Of TOM FIRST PART IS SSTA►NED }Rion T9 THE StoI0011Mi or DUCM COM01moCTIOR. IN THE EVENT SNCN COHStNT 14 &&TAINED PLANO tOR *WH CONOTRUCTION SR IMPI►SVE- NESTS MUST SE &NSMITTED TD THE DIRECT" OF Pu&t1C Mono. of THE CITY Or CDRPU& CHRIST►j, TEXAS, FOR *18 APPROVAL AHD SUCH COOSTNWCTIoN OM INPHSrEKNTS SMALL DE 0MCTEO IN COMPORNITY, IN ALL RE&PECTS, TO THE PLANS 00 OftCIrICI1TIORo APPROVED OY SAID 6110ma or PNDLIC WBRR&. IT IS FURTHER SOW= THAT HS rEOtt OR OTHER IMPROVEMENTS &MALL RE PLACED THEREON &Y THE CITY. wl IT 14 r#nTOtR 99POCAR LY AOREEO THAT ANY OTNlICTM OR IMPROVSIIENTS ERECTED ON SAID PREMISES, SMALL OH THE TCANOMATJ NI or TH►B LEASE folk ARV CANOE B[CONt IN ALL RESPECT& THE PROPERTY Of TH4 PARTY Or THE FIRST PART AND, Tot PARTY Of THE SECOND PAST SHALL HAVE HO CLAIM OR Rig" Of ANVNINS MAINOT THE PARTY of THE FIRST PART roll "is OTRtlCTNRW BR AMPROMENCIITS OR THE VALUE W SAHE. VII THE PARTY or THE liecom PART, *HALL PROVIDE OUITARLL $10" IIR►1. CATINO THAT THE POEMIOt& ARE SPEMATtD by THE PARTY or TMt StCNW PART AB A PART of HIS DUOIMEOO AND ROT OY THE'PARTT W THE HOST PART. VIII THAT THE PARTY SIP THE 11CCONO PART SMALL PROMPTLY CNEMYE AM rylt+ rILL ALL THE ORDINAIiCEO Of THE CITY or CORPUS CHRIIi{I APPLICABLE To SAID 01HINIIOR& AND ALL ORDERS AM RESUIRtMEHT# IMPOSED SY THE HEALTH MPARTMEOT, il"ITARV QDPAOT- NEXT' ADO POLICt OEPARTM "T FOR THE CDMMCTIOII.,, PREVWfON AND AOATXMXT Or NUISANCES I N, UPOII, OR CONVECTED WITH &AID PREMISE& DYSI ND THE TERM or THIS LEADS AT NIS OWN EXPER&t. Ix THAT NT is HND9mo" AND AGREES SY No SETWEEN Tim PARTfas MENETO THAT THIS CONTRACT AND LEASE IS MOT A$SIGNASLE IN MNOLE OR PART AND TuAT TRR PARTY OF TIE IIECOND PART SHALL NAVE NO RIGHT OR AUTHORITY TO SWS4[T THE PRE - RISES OR ANY PART THEMW AND THAT ANY ATT4MVT To SO DD WILL SE ORNill" TOR TERIINMATISR OF THIS LEAS9 BY PARTY OF THE FIRST PART• x THE PARTY OF YOE SECOND PART SMALL 9990 SAID POWIMIS 149 A CL9AN AND uEAT eOM mail Ana SHALL TARS ODOR CARE OF TN9 PRSPtRrY AND AT Tut EMD W THE YERM OF THIS LEASC OR ON ITS BEIRS TERMINATED AS PIIOVIDED R9RLIN, THE PARTY OF TNt $tCOND PART $HALL DELIVER UP Y"t DEMISES PRpUSES IN so" 6RS9R AND COMITtOaN, RATWRAL WEAR AND TEAR AND 0AWAOE6 ST THE BLtWMTS ONLY ttIGEPTtb• X1 TN9 PASTY OF TUC $EDOIO PART 1117#10WATES 00 A MM TO RELY MiMNAI M AND DEFEND THE PANTY W THE ft=T PART AGAINST Aar WIRY, IMdORY, CLAIM ON DAMASE TO PERSONS GO POOP NTY WMICM OCCOM OR ARIOSS ON SAID DWIM PWPCWY DURING THE TERM OF THIS LEASE AGREEMENT, X11 THE PARTY OF Tug iECOND PART STIPULATES A e SSRiES THAT we vl LL ROT REPNESERT, COMMIT an INMOLYIF IN AMY WAY $AID SE1Iism PNYPERTY AS NIS SWM OR AS THE BASIS W OS SECURITY FOR ANY DEOTS, LIABILITIES OR OOLISAT100 ASSERTES AGAINST HEM, OBTAINED DR UNDERTAKEN IN HIS OWN SEUALF• X111 THAT IN cASE OF mrAgLT IN ANY Or THE AFDSESAis CSYSHAIITS, THE PARTY OF THE f"iR*Y PART MAY ENFORCE A PCWORMA* t9 THENESP in AMY MANMtR PROWNSSS BY LAW AND NAY DECLARE: THE LEASE FORFE #TED AND AT ITS BISCNETION TIM$ PARTT M THE FIRST PART, ITS AGENT, tWftQYEE Olt ATTORNEY SHALL MAV'E Tilt RIGHT WITINNT FURTHER HOTICE OR OCNAMD TO RE -ERT94 SAID PORPOISE* ANO NOWL ALL MINING TNEREi'DOII VITMMY SCING GUILTY IN ANY MANNED O£ TWXOPASS AND MITNOUT PRSJIIl ICE TO ANY REMEDY F @R ARREARS BF RENT OS DREACM OF CGVENAHY, ON THE PANTY DF TTHt FIRST PART, ITS AGENTS AND 9pPLOYE94 MAY R9SWNE PODSEOSION OF THE PREAlt"S A" IM-LET THE GAME FOR THE RWAIMD9R OF THE TERM AT THE SCOT RENTAL THEY NAY OBTAIN AND MOLD YNt PARTY Of 7NE OCCOMO PART LIASLE FOIL ANY OCIPIC /'EMCEES THAT OCCUR THEREFROM) AND THE PARTY W THE FIRST PART SMALL HAVE A Lien As SECURITT FOR THE RENTAL AF011"AIO UP" ALL CMATTELS, INPLOWNTS, TOOLS AHD OTHER PURSONAL PROPCRTY WRiCN MAY DE PITT ON SAID OENISED owe "11TT4 X!V tt It HERtIY EI1"C"LY 10110,E0ITO80, AND 041110 BY THE PARTItIl 1KRETb, THAT NOT MITMRTAH01N0 ME YIRMbj, P0101AItOL00Y AIRY CONTEMT OF T1f1I IRITRpMENT, TNAT THIS 1090MUM ST S*ALL CORRmun THE aotAIITIRB IY TM[ PARTY or YNIL FIRIT PART To ut -P"TY OF THE MCOND FART A MONTHLY use PRIYILLGE OT A PUBLIC FMILITY• WIMMUM TW NAM OP THE PARTIEI HERETO TMII TNt PAY OP MAY, 1"6. AT1'6IITI 1 Tr Wt ulwl I,PI4tWW AS 14 LI6 L row PAY As, 106: ITY TTbRHEY im Gliy AF Cltti w cummI, TICItAi1 IN RVWLL E. MCL-Oft, CITY WAKASCW PARTY OF THE FIOtt PAWY 3. « Mail CUT; .F- CORPUS HRISTIP TEXAS / �a , 1956 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 ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED2 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 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, MAYOR 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 q:5 3 -2-