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HomeMy WebLinkAbout04789 ORD - 04/17/1957AP:4/30/57 AN ORDINANCE ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPT NG AND APPROVING THE PLEDGE OF SECUR IES BY S ID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AS TRUSTEE FOR SAFEKEEPING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE APPLICATION OF THE CORPUS CHRISTI STATE NATIONAL BANK, A BANKING CORPORATION HAVING ITS OFFICE AND PLACE OF BUSINESS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEARING DATE OF APRIL 24, 1957, BE AND THE SAME 15 HEREBY FORMALLY IN ALL THINGS ACCEPTED (SAID BID HAVING BEEN OPENED AND EXAMINED BY THE CITY COUNCIL AND THE CITY MANAGER ON THE 24TH DAY OF APRIL, 1957, TEN DAYS AFTER THE FIRST DAY OF ADVERTISEMENT FOR BIDS, AS PROVIDED BY THE CITY CHARTER), AND SAID BANK IS SELECTED AND DESIG- NATED AS DEPOSITORY FOR ALL FUNDS OF THE CITY OF CORPUS CHRISTI FOR THE TERM OF TWO (2) YEARS AS PROVIDED BY THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI AND BY THE LAWS OF THE STATE OF TEXAS; AND THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, IS DESIGNATED FOR THE DEPOSIT OF SECURITIES PLEDGED BY THE SAID CORPUS CHRISTI STATE NATIONAL BANK AS SECURITY FOR SUCH DEPOSITS IN LIEU OF BOND AS PROVIDED BY ARTICLE 2560 OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, AS AMENDED BY THE ACTS 1943, 48TH LEGISLATURE, PAGE 67, CHAPTER 57, PARAGRAPH 1. SECTION 2. THE SAID DEPOSITORY HAS SUBMITTED THE FOLLOWING PLEDGE OF SECURITIES IN LIEU OF BOND IN ACCORDANCE WITH ARTICLE 2560, OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS AS AMENDED BY THE ACTS OF 1943, 48TH LEGISLATURE, PAGE 67, CHAPTER 57, PARAGRAPH 1: 4] S9 LIST OF SECURITIES DEPOSITED WITH FROST NATIONAL BANK, SAN ANTONIO, TEXAS, BY CORPUS CHRISTI STATE NATIONAL BANK TO SECURE THE DEPOSITS OF THE CITY OF CORPUS CHRISTI, TEXAS U. S. Treasury Notes of 1957 2% 650,000.00 U. S. Treasury Bonds of 1960 2 -1 /8% 100,000.00 U. S. Treasury Bonds of 1960 2 -1 /8% 2,500,000.00 U. S. Treasury Bonds of 1961 2j% 10050,000.00 U. S. Treasury Bonds of 1963 2#% 200,000.00 $4,500,000.00 I certify that I have in my possession for the City of Corpus Christi, Texas duplicate Trust Receipts issued by the Frost National Bank for the above securities held for the Account of The.Corpus Christi State National Bank and the City of Corpus Christi, Texas for the purpose stipulated. Thomas B. Murphy Director of Finance May 1, 1957 SECTION 3. THAT SAID BID OF THE CORPUS CHRISTI STATE NATIONAL BANK, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AND THE CON- DITIONS AND PROVISIONS OF SAID BIDS THE PLEDGE OF SECURITIES HEREIN LISTED ARE HEREBY IN ALL THINGS ACCEPTED AND APPROVED AND MADE THE CONTRACT OF THE CITY WITH THE DEPOSITORY, SUCH PLEDGE OF SECURITIES TO BE GOVERNED BY THE PROVISIONS OF SAID ARTICLE 2560 OF THE REVISED STATUTES OF THE STATE OF TEXAS, AS AMENDED BY THE ACTS 1943, 48TH LEGISLATURE, PAGE 67, CHAPTER 57, PARAGRARI 1, WHICH BID AND PLEDGE AGREEMENT READS IN WORDS AND FIGURES AS FOLLOWS TO -WIT: CORPUS CHRISTI ,STATE NATIONAL BANK CORPUS CHRISTI, TEXAS April 24, 1957 Hon. Farrell Dee Smith and Members of the City Council City of Corpus Christi Corpus Christi, Texas Gentlement The undersigned, a national banking association, having its place of business in the City of Corpus Christi, County of Nueces, State of Texas, submits this its bid for designation as City Deposi- tory for all City finds for and during the period of time prescribed by law: 1. If selected as City Depository, the undersigned Bank agrees to handle and assume the custody and safekeeping of all City Plaids actually deposited with it as City Depository by the City or its officials and agrees that such funds will be faithfully kept and accounted for by it as provided by law. 2. If selected as City Depository, the undersigned Bank further agrees to make advancements during and for each fiscal year (a) not to exceed Four Hundred Thousand Dollars ($400,000.00) for the ordinary current running expenses of the City lawfully chargeable to and payable out of "Current Expense Fund "; and (b) not to exceed One Hundred Sixty - five Thousand Dollars ($165,000.00) for the ordinary running expenses of the City lawfully charged to and payable out of the "Street Mainten- ance Fund "; provided that such advancements shall be expressly con- ditioned and subject to the requirements and agreements as follows: (a) The advancement of either funds are to be made upon regularly issued City warrants or vouchers duly authorized by appropriate ordin- ance for valid purposes and the City warrants or vouchers shall bear interest at the rate of one per cent (1 %) per annum until paid and shall be issued from time to time as funds are needed; CORPUS CHRISTI STATE NATIONAL BANK CORPUS CHRISTI, TEXAS Hon. Farrell Dee Smith and Members of the City Council Page #2 (b) ,Advancements to either the "Current Expense Fund" or the "Street Maintenance Fund ", in the limited amounts first above specified in each case are to be made for each fiscal year between the period of August 1st (the commencement date of the fiscal year) and December 31st (of the same year) and such advancements are to be repaid in any event on or before December 31st of the same fiscal year; (c) Advancements made by the Depository to the City on account of its "Current Expense Fund" are to be repayable out of the current revenues collected from tax levies and assessments for the particular fiscal year allocated to the "Current Expense Fund "; and advancements made by the Depository to the City on account of its "Street Main- tenance Fund are likewise to be repayable out of current revenues collected from tax levies and assessments for that particular fiscal year and allocated to the "Street Maintenance Fund "; (d) At the time of the authorization and making of advancements on account of either the "Current Expense Fund" or the "Street Main- tenance Fund ", the City Council shall pass valid ordinances setting aside and appropriating in either case such amount of the current funds collected from levies and assessments for that particular year as will fully discharge the principal and interest of all warrants Issued in payment of such advancements, and thereafter, the so ap- propriated portion of such current funds shall not be used for any purpose other than to discharge said warrants; (e) Before making the advancements to either the "Current Expense Fund" or "Street Maintenance Fund", the provision is to be made in the finally approved budget for adequate appropriations and allocations to each of such funds, out of the current revenues anticipated to be col- lected as a result of tax levies for the particular fiscal year, in such amounts as are sufficient to pay the principal and interest of said warrants evidencing the advancements; (f) Before the advancements to the City are made, the assessed valuations for the fiscal year should be finally established and the tax rate fixed and levied for that particular year. CORPUS CHRISTI STATE NATIONAL BANK CORPUS CHRISTI, TEXAS Hon. Farrell Dee Smith and Members of the City Council Page #3 3. If selected, the undersigned Bank agrees to pledge bonds or securities with the City of Corpus Christi for the purpose of securing such City funds in an amount equal to the amount of said City deposits, such securities to be of the kind specified in .Article 2560 of the Re- vised Statutes of the State of Texas as amended by the Acts, 1943, 48th Legislature, page 7, with such pledge to be in accordance with said act. 4. If selected as Depository, the undersigned Bank will pay the following rues of interest on certificates of deposit of funds belong- ing to the funds of the City in the following amounts and for the follow- ing periods of time: 1% — 31 to 90 days 2 -1/4% — 90 days and over The aforegoing rates of interest to be paid by the Depository are subject to the following understanding: That at all times there shall be maintained in the aggregate total of all of the demand accounts of the City an amount at least equal to 25% of the various funds belonging to or available to the City. That, should the City desire to invest surplus funds belonging to it in time deposits, certificates of deposit, ninety day bills or other evi- dences of indebtedness during the life of this agreement, then such invest- ments shall be made by the City Depository and the City shall: (a) specify in writing the particular fund or finds and the amounts thereof which are to be and remain as time deposits in contemplation of law and the regulations promulgated by the Board of Governors of the Federal Reserve System; (b) designate in writing the period for which the fund or funds are to remain on deposit as time deposits, such period to be not less than the dates heretofore set forth herein. CORPUS CHRISTI STATE NATIONAL BANK CORPUS CHRISTI, TEXAS Hon. Farrell Dee Smith and Members of the City Council Page #4 (c) agree in writing that such designated funds are to be and remain subject to all the rules and regulations provided by law and promulgated by the Board of Governors of the Federal Reserve System and that the depositor will not, by voucher or otherwise, withdraw the whole or any part of the designated fund deposit or deposits before the end of the period specified for deposit. In your invitation for bid, you asked that the bid specify the rate of interest which will be paid on daily balances. This bank is prohibited from paying any interest on daily balances by reason of the provisions of Regulation Q, Section 2A of the Federal Reserve System. Yours very truly, CO US ISTI STATEON.AL SANK By: ' President SECTION 4. THAT THE FACT THAT THERE IS AN IMPERATIVE NEED FOR A CITY DEPOSITORY AT ALL TIMES REGARDLESS OF THE DESIGNATION AS REQUIRED BY LAW OF CERTAIN DEPOSITORIES AT CERTAIN INTERVALS, CREATES AN IMPERATIVE PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF 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 THAT SUCH EMERGENCY AND NECESSITY 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 PASSED AND APPROVED, THIS THE ` DAY OF MAY, 1957. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTE CITY SECRET y Y APPROVED AS TO LEGAL FORMC APR 30, X95 CITY ATTORNEY COYLIS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: OR THE REASONS SET FORTH IN THE EMERGENCY 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 RESOLU- TION 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' 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, 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 VOTED: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE] FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE 4,�`2)9 AP: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. D VIS LEASING TO THE SAID ELMER E. DAVIS THE WEST 2. OF THE EAST 57. OF LOTS 11 & 12, BLOCK ", "EACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUEC S 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. DAVIS, LEASING TO THE SAID ELMER E. DAVIS THE WEST 42.781 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 1EGINNING APRIL 1, 1957, AND ENDING MARCH 31, 1958, 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. 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- (£NCY 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. PASSED AND APPROVED, THIS THE �C dAY of ,X19957. ATTEST: / r f' MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETAI4Y APPROVED AS TO LEGAL FORM APRIL , 1957: CITY ATTORNE `f1 89 AP:4/16/5 I CONTRACT AND LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND LEASE AGREEMENT, MADE AND ENTERED INTO THIS DAY OF , 1957, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED. CITY MANAGER, HEREINAFTER CALLED 'PARTY OF THE FIRST PART ", AND ELMER E. DAVIS, OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "PARTY OF THE SLCOND PART ", W I T N E 5 5 L T H: THAT FOR AND IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED AND SL'SJECT TO THE PROVISIONS HERESY, THE PARTY OF THE FIRST PART DOES HEREBY LEASE AND DEMISE UNTO THE PARTY OF THE SECOND PART THE FOLLOWING LANDS AND PREMISES: THE WEST 42.78' OF THE EAST 57,78' OF LOTS 11 & 12, BLOCK �3, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS THE SAME IS SHOWN ON A PLAT RECORDED IN THE OFFICE OF THE COUNTY CLCRK OF NUECES COUNTY, TEXAS. I 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 ($8.33) EACH, PAYABLE ON OR BEFORE THE FIRST DAY OF EACH MONTH IN ADVANCE. II THE TERM OF THIS LEASE SHALL BE FOR ONE (1) YEAR TO COMMENCE AND BEGIN ON APRIL 1, 1957, AND END MARCH 311 1950, AND SHALL BE RENEWABLE ON A YEAR TO YEAR 3ASIS THEREAFTER DY THE MUTUAL AGREEMENT OF THE PARTIES HERETO. i11 i7 IS FURTHER EXPRESSLY COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE PARTY OF THE FIRST PART SHALL HAVE THE PRIVILEGE AND RIGHT TO TERMINATE THIS LEASE AT ANY TIME DURING ITS TERM ON GIVING THE PARTY OF THE SECOND PART THIRTY (30) DAYS WRITTEN NOTICE TO VACATE SAID LEASE$ PRE- MISES AND ON THE EXPIRATION OF SAID THIRTY (30) DAY PCRIOO THE PARTY OF THE FIRST PART SHALL HAVE THE RIGHT TO ENTER INTO AND UPON AND REPOSSESS SAID PREMISES TO THE COMPLETE EXCLUSION OF THE PARTY OF THE SECOND PART AND SAID PARTY OF THE SECOND PART SHALL MAKE NO FURTHER DEMAND OR CLAIM OF ANY KIND AGAINST THE PARTY OF THE FIRST PART RESULTING FROM OR GROWING OUT OF THE TERMS OF THE PRO- VISIONS OF THIS LEASE AGREEMENT. IV THE PROPERTY LEASED HEREIN TO THE PARTY OF THE SECOND PART 18 To BE USED FOR THE SOLE AND EXCLUSIVE PURPOSE AS A PARKING LOT, V THE PARTY OF THE SECOND PART SHALL NOT ERECT ANY STRUCTURE OR IM- PROVEMENTS OF ANY KIND ON SAID PROPERTY UNLESS THE WRITTEN CONSENT OF THE PARTY OF THE FIRST PART IS OBTAINED PRIOR TO THE BEGINNING OF SUCH CONSTRUCTION. IN THE EVENT SUCH CONSENT IS OBTAINED PLANS FOR SUCH CONSTRUCTION OR IMPROVE- MENTS MUST BE SUBMITTED TO THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR HIS APPROVAL AND SUCH CONSTRUCTION OR IMPROVEMENTS SHALL BE ERECTED IN CONFOR1i1TY, IN ALL RESPECTS, TO THE PLANS AND SPECIFICATIONS APPROVED BY SAID DIRECTOR OF PUBLIC WORKS. IT 18 FURTHER AGREED THAT NO FENCE OR OTHER IMPROVEMENTS SHALL BE PLACED THBREOM BY THE CITY. VI IT 13 FURTHER EXPRESSLY AGRE90 THAT ANY STRUCTURE OR IMPROVEMENTS ERECTED ON SAID PREMISES SHALL ON THE TERMINATION OF THIS LEASE FOR ANY CAUSE BECOME IN ALL RESPECTS THE PROPERTY OF THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART SHALL HAVE NO CLAIM OR RIGHT OF ANY KIND AGAINST THE PARTY OF THE FIRST PART FOR SAID STRUCTURES DR IMPROVEMENTS OR THE VALUE OF SAME. VI} THE PARTY OF THE SECOND PART SMALL PROVIDE SUITABLE SIGNS INDI- CATING THAT THE PREMISES ARE OPERATED BY THE PARTY OF THE SECOND PART AS A PART OF HIS BUSINESS AND NOT BY THE PARTY OF THE FIRST PART. VIII THAT THE PARTY OF THE SECOND PART SMALL PROMPTLY EXECUTE AND TUL- FILL ALL THE ORDINANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES AND ALL ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH DEPARTMENT, SANITARY DEPART- MENT, AND POLICE DEPARTMENT FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE. Ix THAT IT 18 UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THIS CONTRACT AND LEASE IS NOT ASSIGNABLE IN WHOLE OR PART AND THAT THE -2- PARTY OF THE SECOND PART SHALL HAVE NO RIGHT OR AUTHORITY TO SUS -LET THE PRE- MISES OR ANY PART THEREOF AND THAT ANY ATTEMPT TO $O OO WILL BE GROUNDS FOR TERMINATION OF THIS LEASE BY PARTY Of THE FIRST PART. x THE PARTY OF THE SECOND PART SHALL KEEP SAID PREMISES IN A CLEAN AND NEAT CONDITION AND SHALL TAKE GOOD CARE OF THE PROPERTY AND AT THE END OF THE TERM OF TH13 LEASE OR ON ITS BEING TERMINATED AS PROVIDED MERVIN, THE PARTY OF THE SECOND PART SHALL DELIVER UP THE DENIEEO PREMISES IN GOOD ORDER AND CONDITION, NATURAL WEAR AND TEAR AND DAMAGES BY THE ELEMENTS ONLY EXCEPTED. xl THE PARTY OF THE SECOND PART STIPULATES AND AGREES TO HOLD HARMLESS AND DEFEND THE PARTY OF THE FIRST PARTY AGAINST ANY HURT, INJURY, CLAIM OR DAMAGE TO PERSONS OR PROPERTY WHICH OCCURS OR ARISES ON SAID OEMISEO PROPERTY DURING THE TERM OF THIS LEASE AGREEMENT. x1l THE PARTY OF THE SECOHO PART STIPULATES AND AGREES THAT ME WILL NOT REPRESENT, COMMIT OR INVOLVE IN ANY WAY SAID OEMISEO PROPERTY AS HIS OWN ORUS THE BASIS OF OR SECURITY FOR ANY DEBTS, LIABILITIES OR OBLIGATIONS ASSERTED AGAINST HIM, OBTAINED OR UNDERTAKEN IN MIS OWN BEHALF. xill 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 PART, ITS AGENT, EMPLOYEE OR ATTORNEY *HALL NAVE THE RIGHT WITHOUT FURTHER NOTICE OR DEMAND TO RE -ENTER SAID PREMISES AND REMOVE ALL PERSONS THEREFROM WITHOUT BEING 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 THE PREMISES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENTAL THEY MAY OBTAIN AND HOLD THE PARTY OF THE SECOND PART LIABLE FOR ANY DEFICIENCIES THAT OCCUR THEREFROM; AND THE PARTY OF THE FIRST PART SHALL HAVE A LIEN AS SECURITY FOR THE FENTAL AFORESAID UPON ALL CHATTELS, IMPLEMENTS, TOOLS AND OTHER PERSONAL PROPERTY WHICH MAY BE PUT ON SAID DEMISED PROPERTY. xry IT 13 HERESY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO, THAT NOTWITHSTANDING THE TERMS, PHRASEOLOGY AND CONTENT OF THIS INSTRUMENT, _3- THAT THIS INSTRUMENT /HALL 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 HANDS OF THE PARTIES HERETO THIS THE DAY OF s 1957• ATTEST; ITV SECRETARY APPROVED AS TO LEGAL FORM APRIL 16, 19571 ITV ATTORNEY THE CITY OF CORPUS CHRISTI, TEXASt BY I TY WANAOER �tk. PARTY OF THE FIRST PART LMER E. DAVIS PARTY OF THE SECOND PART CORPUS CHRISTI, TEXAS n i ,1957 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY 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 RESOLU- TION 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 COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND 5410 CHARTER RULE OR REQU1REMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, 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 VOTED: 'FARRELL D. SMITH W. J. ROBERTS :4� B. E. BIGLER MANUEL P. MALDONADO,� 7 CHARLIE J. AILLS ARTHUR R. JAMES 3 ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. B I ER MA MANUEL P. MAL DONA DO CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE 'f1f59