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