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Home My WebLink About04781 ORD - 04/17/1957AP:4/16/57 TEXAS: 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 WITH ELMER E. DAVIS LEASING TO THE SAID ELMER E. DAVIS THE WEST 2. OF THE EAST 57.7 OF LOTS 1 & 12, BLOCK 93, BEACH ADDIITION TO THE CITY OF CORPUS CHRIST, NUECES COUNTY, . TEXAS, FOR A PERIOD OF ONE (1) YEAR BEGINNING APRIL 1, 1957„ AND ENDING MARCH 31, 1958, 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; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. 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 MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY, WITH ELMER E. DAV',IS, LEASING TO THE SAID ELMER E. DAVIS THE WEST 42.78' OF THE EAST 57.78' of LOTS 11 &.12, BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A PERIOD OF ONE (1) YEAR BEGINNING APRIL 1, 1957, AND ENDING MARCH 31, 19-8, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH 1S 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 RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMER- CENCY 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 XCORDINGLY SO ORDAINED. 1' PASSED AND APPROVED, THIS THE nav of 1957• ATTEST;� MAYOR a A C. Al _.< -. THE C I TY OF' CORPUS CHRISTI, TEXAS CITY SECRETA Y I - APPROVED AS TO LEGAL FORM APRIL / '%° 1957: C1 Ty ATTORNEY AP;4/16/57 CONTRACT AND LEASl: AGREEW14-T THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AKIN LEASE AGREEMENT, MADE AND ENTERED INTO THIS DAY OF . —3 1957, aY AND BETWEEN THE CITY Or CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING 9Y AND THROUGH. ITS DULY AUTHOR,IZVD CITY MANAGER, HEREINAFTER CALLED "PARTY OF THE FIRST PART'-, AND ELMER E. DAVIS, OF NUECES COUNTY, TExAs, HEREJNAFT ER CALLEO "PARTY OF THE SECOND PART", W .1 T N E S S E T H THAT FEAR AND IN CONSIDERATiON OF THE COVENANTS AND AGREEMENTS HERE1N CD TANNED A140 SUr5jECT TO THE PROVISIONS HEREi5Y, THE PARTY OF THE FIRST PART DOES HEREUY LEASE AND DEMISE UNTO THE PARTY OF THE SECOND PART THE FOLLOWING LANDS AN[) FREHis S: THE WEST 42.78, OF THE EAST 57-78' 0F' LOTS 11 & 12, BLOCK 93, BEACH AovITIQN TO THE CITY OF CORPUS CH R I �ST I , , NUECESCOUNTY, TLXAS, As THE SAME IS SHOWN ON A PLAT RECORDED IN THE DFFI�E OF TH'i COUNTY CLERK OF NUECES COUNTY, TEXAS, THE RATAL FOR SAID PROPERTY SMALL BE ONE HUNDRED DOLLARS ($100.00) PER YEAR PAYA,.'�LE IN TWELVE (12) MONTHLY INSTALLMENTS OF FIGHT DOLLARS AND THIRTY- THREE Ctm�Ts 08.33) EACH.., PAYABLE: ON OR BEFORE THE FIRSJ DAY OF EACH MONTH IN ADVANCE. THE TERM or THIS LEASE SHALL UE FOR ONE (1) YEAR To COMMENCE AND 13EGIN ou APRIL 1, 195-(, AND END MARCH 31, 1950p AND SHALL BE RENEWABLE ON A YCAR TO YEAR BASIS THEREAFTER 13Y THE MUTUAL AGREPMENT OF THE PARTIES HERETO. IT IS FURTHER EXPRESSLY COVEkANTED AND AGREED BY AND $ETWEEN THE PARTIES HERETO THAT THE PARTY OF THE FIRST PART SHALL HAVE THE PRIVILEGE AND RIGHT TO TERMINATE THIS LEASE AT ANY TIME DURING ITS TERM ON GIVING THE PARTY OF TINE SECONQ PACT THIRTY (36) DAYS WRiTTF(� NOTICE TO VACATE SAID LEASES PRE RISES AND ON THE EXPIRATION OF SAID THIRTY (30) DAY PERIOD Tilt: PARTY Or THE FIRST PART SHALL HAVE THE RIGHT TO ENTER INTO AND UPON AND REPOSSe$S SAID PREMISES TO THE COMPLETE EXCLUSION OF THE PARTY OF THE SECOND PART ANr SAID PARTY Or THE SECOND PART SHALL MAKE NO FURTHER DEILIAND OR CLAIM OF ANY KIND AGAINST THE PARTY OF THE FIRST PART RESULTING FROM OR GROWING OUT or THE TERMS OF THE PRO- VI$IONS OF THIS LEASE AGREEMENT. IV THE PROPERTY LCASED HEREIN TO THE PARTY OF THE SECOND PART IS TO DE USED FOR THE SOLE AND EXCLUSIVE PURPOSE AS A PARKING LOT. THE PARTY Or THE SECOND PART SHALL NOT ELECT ANY STRUCTURE OR IM- PROvEmEnTS OF AUY'KING ON SAID PROPERTY UNLESS THE WRITTEN CONSENT OF THE PARTY OF THE, FIRST PART is OSTAImEO PRIOR TO THE BZ0tNNfNQ OF SUCH CONSTRUCTION. IN THE EVENT SUCK CONSENT IS •OSTAINFO PLANS FOR SUCH CONSTRUCTION OR tmPROVE- t4ZNTS MUST BE SVeWITTED TO THE DIRECTOR OF PUBLIC WORKS OF THE CITY Or CORPUS CHRISTI, TExAs, FOR HIS APPROVAL AND SUCH COKSTRur-TIOH 09 IMPROVEMENTS SHALL BE ERECTED IN CONFORMITY, IN ALL RESPECTS, TO THE PLANS AND SPECIFICATIONS APPRQVti) BY SAID DIRECTOR OF PUBLIC WORKS. IT 15 FURTHER AGREED THAT NO FENCE OR OTHER tf4PWVEW9fNT* SHALL OF PLACED TH9REON BY T141E CITY, AM IT IS FURTHER EXPRESSLY AGAEOP. 114AT ANY STRUCTURE OR IMPROVEMrNTs ERECTCD ON SAID POENfSES SMALL ON THE TERMINATION 01- THIS LEASE: FOR ANY CAUSE BECO14E IN ALL RESPECT$ THE "aOERTY Of" THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART $vALL."Av4 NO CLAIM OR RIGHT OF ANY KIND AGAINST THE PARTY Of THE FIRST PART FOR SAID STRUCTURES OR IMPROVEMENTS OR THE VALUE OF S At4t, v H THE.PARTY OF THE SECOND PART S14ALL PRW;IDE SUITABLE SIGNS IN01- GATING THAT THE PRENISES ARE OPERATED BY THE PARTY Or TINE SECOND -PART AS A PART or His ausmess AND NOT BY THE PARTY OF THE FIRST PART. Vill THAT THE PARTY OF T14E SECOND PART SHALL PROMPTLY EXECUTE ANO FUL• FILL ALL THE ORDINANCES or THE CITY OF CORPUS CHRISTI APPLiCAOLE TO SAID PREMISES IMPOSED ay T14L AND ALL ORDEQS AND REQUIntMENTS HEALTH Dr;PARTMeNT, 5AT41TARY DEpt(RT- MENT, AND POLICE DEPARTMENT FOR THE CORAECTION, PRC%FeNTi ON AND ABATEMENT QF NUISANCES IN, UPON, OR CONNECTED WITH SAID PREMISES OURINO THE TERM OF THIS LEASE AT His omkxpusr. ix THAT IT IS UNDERSTOOD AND AGREED BY AND BETWECAd 7HE PARTIES HERETO T1 AT THIS CONTRACT- ANDLEASE 98 NOT ASSIGNABLE IN WHOLE OR PART AND THAT THE PARTY, OF THE SECOND PART $HALL HAVE. NO RtQHT OR AUTHORITY TO SUS—LET THE OFIF.- M ISE$ OR ANY PART THEREOF AND THAT ANY ATTEMPT TO 30 DO WILL 89 GROU"06 root TERMINATION OF THIS LEASE BY PARTY OF THE FIRST PART. x THE PARTY OF THE SECOND PART SHALL KEEP $AID PREMISES IN A CLEAN AND MCAT CONDITION AND SHALL TAKE GOOD CARE OF THE PROPERTY A140 AT THE END OF THE TERM Of THIS LEASE OR ON ITS SEINE TERMINATED AS PROVIDED. WEREIIN, THE PARTY OF THE SECOND PART SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND CONDITION, NATURAL WEAR AND TEAR AND DAMM.ES BY THE ELf-meNTS ONLY EXCEPTED. xi THE PARTY or THE qrcomD PART STIPULATES AND Aumm TO 140-LO HARMLESS AND DEFEND THE PARTY OF THE FIRST PARTY AGAINST ANY HURT, INJURY, CLAIM On DAMAGE TO PERSONS OR PROPERTY WHICH OCCURS OR ARISE45 ON BALI! DEM#SEO PROPERTY WRING THE TERM OF THIS LEASE AGREEMENT. x1f THE PARTY OF THE $CCOND PART STIPULATES AND AGREES THAT HE WILL NOT REPRESENTp COMMIT OR INVOLVE IN ANY WAY SAID DEIMSCID PROPERTY AS HIS OWN . ORPS THE SASI$ OF OR SECVRtTV FOR ANY DEBTS, LIABILITIES OR WaLIQATIONS ASSERTED AGAINST HIM, OBTAINED OR UNDERTAKEN IN HIS OWN REHALr. xill THAT '3N CASE Of DEFAULT IN ANY OF THE AFOftr$AlO COVVERANTS, THE PARTY OF THE FIRST PART 4AY CmFonce A PERFOR14ANCE THEREOF 114 ANN MAOINER PROVIDED OY LAW AND MAY DECLARE THE LEASE PoRFriTE6 AND AT irs DISCRETION THE PARTY OF THE FIRST PART, ITS AGENT, EMPLOYEE OR ATTORNEY IIIHALL HAVE THE R16HT WITHOUT FURTHER NOTil CC OR DEMAND TO RE-ENTER SAID PREMISE'S AND REMOVE ALL PERSONS TI4f:RrFRtW WITHOUT BEING GUILTY fN ANY .44ANNER OF TRESPASS A"O WITHOUT PREJUMICE TO ANY REMEDY FOR ARREARS OF RENT OR BREACH OF COVENANT, OR THE PARTY OF THE FIRST PART, ITS AGENTS AND EMPLOY CES MAY RESUME POSSESSION Of THE PREMISES AND RE-LET THE SAME FOR THE OC14AINDER OF THE TER14 AT THE 5CST RENTAL THEY MAY OBTAIN AF40 MOLD THE PARTY Or THE $ECONO PART LIABLE FOR ANT DEFICIENCIES THAT OCCUR THEREFROM; AUD THE PARTY Or TPE FjR$T PART SHALL HAVE A. LIEN AS SECURITY FOR THE FIENTAL AFORESAID UPON ALL CHATTELS, IMPLEMENTS, TOOLS, AND OTHER PERSONAL PROPERTY WHICH MAY BE PUT 0,4 SAID DEMISED PROPERTY. x1v IT IS HERESY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HSOCTO, THAT NOTWITHSTANDiiNG THE TEAMS, PHRASEOLOGY AND CONTENT OF THIS INISTM"ENT, THAT THIS INSTRUQ F-wT $HALL CONSTITUTE Tiff GRA0 TING IBY THE PARTY OF THE FIRST PART TO THE PARTY OF THE SECOND PART A MONTHLY USE PRIVILEGE OF A PUSLiC FACILITY. WITNESSETH THE HANDS OF THE PARTIES HERETO THIS TH£, DAY OF' s 1977: THE: C 1 TY Or CORPUS CHRISTI, TEXAS BY PAReY.OF THE FIR$iT PART ATTEST: TY SECRETARY APPROVED AS TO LEGAL F004 APRIL 16, 1957: CITY ATT6RPIzY - ... . il" t s PARTY Or THE SECOND PART ply. CORPUS CHRISTI, TEXAS ,1957 j, TO THE MI±MBERS ' OFI THE CITY COUNC I L CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE R£ASONS SET FORTH IN THE EMER6ENCy CLAUSE OF THE FORE GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE (NECESSITY EXIST FOR THE SUSPENSION OF THE' CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR'RiSOLU- TION SHALL" BE PASSED FINALLY ON THE DATE IT IS I'NITRO DUCED, ANO THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL', 1, THEREIFORE, HEREBY REQUEST THAT YOU SUSP END SAID CHARTER RULE OR REQUIREMENT AMID PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, f MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER�P. P\ MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FAR'RELL D. SMITH W. J. ROBERTS B. E. BIGLER G MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES 01 r a _ w ODELL INGLE 4�aI