HomeMy WebLinkAbout04796 ORD - 05/08/1957AN ORDINANCE e 7 9G
AUTHORIZING AND DIRECTING THE CITY CHRISTI TO MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS C EXECUTE
A LEASE CONTRACT BY AND BETWEEN THE CITY OF�ARUS
CHRISTI AND FORS. DELLA FILIP, JOINED BY HER HUSBAND
JERDME E. FILIP, AS LESSEE, OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, LEASING APPROXIMATELY 912
SOU__ FEET OF CLIFF FtAUS MUNI IPAL AIRPORT TERMINAL
BUILDING TO BE USED AS A OFF£ESNOP, IN ACCORDAN £
WITH THE TERMS AND PROVISIONS OF SAID LEASE CONTRACT,
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, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIR-
ECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LEASE CON-
TRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND MRS. DELLA FILIP, JOIN-
ED BY HER HUSBAND JEROME E. FILIP, AS LESSEE, OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, LEASING APPROXIMATELY 912 SQUARE FEET OF CLIFF MAUS MUNICIPAL
AIRPORT TERMINAL BUILDING TO BE USED AS A COFFEE SHIP, IN ACCORDANCE WITH THE
TERMS AND PROVISIONS OF SAID LEASE CONTRACT, A COPY OF WHICH IS ATTACHED HERE-
TO AND MADE A PART HEREOF. '
SECTION 2. THE NECESSITY FOR PROVIDING ADEQUATE COFFEE SHW
FACILITIES AT CLIFF MAUS MUNICIPAL AIRPORT IN THE CITY OF CORPUS CHRISTI, TEXAS,
CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUS-
PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE BATE 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 PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND
HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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.
l
PASSED AND APPROVED. THIS THE DAY pOF� f�, 195Q7.
MA
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETA
l
APPROVED AS TO LEGAL FORM
APRItL 1957: r
,,CITY
ATTORNEY
THE STATE OF TEXAS 0
0 '
COUNTY OF NUCES Q
THIS LEASE CONTRACT. MADE AND ENTERED INTO THIS DAY OF
. 1957. BY ARC BETWEEN THE CITY OF CORPUS CHRIsTI. TEXAS,
A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER AHD BV VIRTUE OF THE LAWS
OF THE STATE OF TEXAS. HEREINAFTER CALLED ALESSORw, AND MRS. DELLA FILIP,
JOINED HEREIN BY FIER HUSBAND JEROME E. FILIP, OF CORPUS CHRISTI. hiUECE5 COUNTY.
TEXAS, HEREINAFTER CALLED •LE55EE".
W I TN L'5S ETH
THAT SAID LESSOR DOES BY THESE PRESENTS LEASE AND CEM15E UNTO
THE SAID LE55EE THE FOLLOWING DESCRIBED PROPERTY, TO -WIT:
APPROXIMATELY 912 SCUARE FEET USABLE SPACE ON SECOND
FLOOR OF CLIFF MAUS MUNICIPAL AIRPORT TERMINAL BUILDING.
DESIGNATED ON THE PLANS OF SAID BUILDING A5 -COFFEE AREA,
SAID BUILDING BEING LOCATED IN CORPUS CHRISTI, \UECE5
COUNTY, TEXAS,
SAID LEASE BEING ON A MONTH TO NOHTH BASIS FOR A TERM OF TWO (2) YEARS
BEGINNING APRIL 1, 1957, AND ENDING HARCH 31, 1959, THE CONSIDERATION FOR
WHICH LESSEE AGREES TO PAY LESSOR THE FOLLO -4114G RE'4TAL5:
(A) A FLAT RATE RENTAL OF UNE FSUNDREU ($1UC.U0) UOLLARS
PER NONTH, WHICH 15 To INCLUDE ALL 'UTILITIES, EXCEPTING
ELECTRICITY.
(B) FIFTEEN (15).) PERCENT OF LE55EL'5 PROFITS FROM VENDING
MACHINES. NET PROFITS ONLY.
TH15 LEASE IS MADE SUBJECT TO AND CONDITIONED UPON THE FOLLOWING
PROVISIONS AND COVENANTS:
I.
PAYMENT OF RENTAL5 HEREIN PROVIDED, WITH THE PAYMENT OF ALL MONTHLY
BASIS RENTAL, PAYABLE IN ADVANCE FOR EACH CALENDAR IAONTH CN OR BEFORE THE FIRST
DAY Of THE RESPECTIVE MONTH. LTILITIES (WATER, GAS, GARBAGE AND SEWER SERVICE)
SHALL BE FURNISHED BY THE LESSOR.
2.
ELECTRICITY SHALL BE METERED THROUGH THE EXISTING METER ANP BILLED
TO THE LESSEE MONTHLY BY THE AIRPORT OFFICE. ALL OTHER NECESSARY METER DEPOSITS
FOR OTHER SERVICES, EXCEPT THOSE LISTED IN PARAGRAPH 1 ABOVE, SHALL BE MADE BY
THE LESSEE. ,
3•
SPECIAL ELECTRIC WIRINGS OUTLETS* SWITCHES, CONNECTIONS WHICH
LESSEE MAY REQUIRE OVER AND ABOVE THAT INCLUDED DURING THE CONSTRUCTION OF THE
BUILDING/ SHALL BE FURNISHED AND INSTALLED AT THE EXPENSE OF LESSEE. WHEN $0
INSTALLED THEY SHALL BE CONSIDERED PART OF THE PERMANENT STRUCTURE AND SHALL
NOT BE REMOVED BY LESSEE UPON TERMINATION OF THE LEASE.
4.
LESSEE AND /OR OPERATOR OF THE COFFEE SHOP SHALL MAINTAIN REGULAR
SERVICE AT LEAST FRGS 7 A. M. TO U P. M, , MONDAY THROUGH SUNDAYS INCLUSIVE,, TO
ACCOMMODATE AND SERVE FOOD ANO :EVERAGES TO AIRLINE PASSEIIGERS, AIRPORT EMPLOYECS
AND THE GENERAL PUBLIC. HOURS OF OPENIN_ AND CLOSING It AY BE MODIFIED UPON
WRITTEN APPLICATION TO AND APPROVAL BY THE AIRPORT MARAa ER•
J•
LESSEE SHALL FURN15H ALL EQUIPMENT USED IN THE OPERATION OF THE
COFFEE 5'HOP$ INCLUDING COUNTERS, STOOLSS TAULLSS CHAIRS,, AIR CONDITIONI; <G UNITS,,
FANS, REFRIGCRA7101'`, ICE CREAM CABIHETS, ETC. ALL EQUIPMENT SHALL EE NEW OR
11 A CONDITION SATISFACTORY TO THE AIRPORT HANAGER AT THE TIME OF INSTALLATION,
OF MODERN DE51UN AND FIRST QUALITY MATERIALS AND WORKMANSkIPS SUFFICIENT IN
QUANTITY TC ADEQUA7ELY SERVE PATROLS OF THE LOFFEE SHOP. FOODS BEVERAGE AND
TODACCC VENDIN3 MACHINES 14AY BE INSTALLED IN GOTH THE COFFEE SHOP AREA AND
OTHER AVAILABLE SFACL IN THE TERMINAL BUILDING. THE NUMDER OF MACHINES PER-
MITTED I;I ANY GIVEN AREA WILL DE DETERMINED BY THE ,IRPORY MANAGER.
6.
LE55EE SHALL CARRY PUBLIC LIA316ITY INSURAtICC FOR THE PROTECTION
DF THE PUBLIC AGAINST PERSONAL INJURY AND PROPERTY DAMAGE AND BY SUCH INSURANCE
TO INDEMNIFY THE CiTYS AND KEEP CEP..TIFICATES OF INSURANCE ON FILE WITH THE CITY.
7•
LESSEE SHALL KEEP THE AREA COVERED BY THIS PROPOSAL IN A CLEAN
AND SANITARY CONDITION AT ALL TIMES, AND AFTER THE CLOSE OF EACH DAY15 BUSINESS,
SHALL IMMEDIATELY CLEAN THE PREMISES, DISPCSE OF WATER FROM BOTTLE COOLERS,
GARBAGE, REFUSE OF ANY KIND A14D GENERALLY LEAVE THE COFFEE SHOP AREA IN A
GLEAN, SANITARY AND ORDERLY CONDITION WITH GAR3AGE,, EMPTIES AND REFUSE TO
BE KEPT IN ENCLOSED AREA. FAILURE TO CORRECT DEFICIENCIES WITHIN TWENTY -FOUR
(24) HOURS AFTER NOTICE SHALL BE CAUSE FOR CANCELLATION.
.2-
d.
ALL SALESS EXCEPT THOSE MADE FROM AUTOMATIC VENDING MACHINES,
SHALL LL MADE WITHIN THE COFFEE SHOP AT 'IS COUNTER AND /OR TABLES. ALL' ACTIVi.
TIES RELATING TO THE SALE OF FOOD AND DRINK SHALL BE IN ACCORDANCE WITH
THE RE- ULATIONS OF THE CITY - COUNTY HEALTH UNITS FOOD HANDLERS DIVISION. COFFEE
SHOP PERSONNEL SHALL NEAR UNIFORMS WHILE ON DUTY.
Fl SCHEDULE OF PRICES TO BE CHARCED IN THE COFFLE SHOF SHALL �_
FURNISHCD TO THE i ',IRPO;:T MANAGER AI'.D KEPT CJRRENT. A SCHEDULE OF PRICES APPROVED
By THE A-PORT ih ANAGER AND THE CITY MANAGER SHALL UE POSTED IN A CO!JSPiLIOUS
PLACE TO INFORM THE PUeLI' OF PRICES TO :E CHARGED FOR ITEMS SOLD AND/OR SERVED
IN THE COFFEE SHOP. ALL - COMMODITIES St LD FOR HUMAN CONSUMPTION SHALL �E OF
A QUALITY EQUAL TO OR ABOVE: THAT SERVED 11' THE CITY BY SIM!LAR TYPE P4ACES OF
6USINESS.
10.
THE Less EE SHALL NOT ASS1 =N THIS CONTRACT OR APIY PART THEREOF
EXCEPT UPON THE CONSENT OF THE LESSOR lit 41RITING FIRST HAVING SEEN OBTAIIED.
11.
LESSEE SHALL PROMPTLY EXECUTE A![D FULFILL ALL OF THE ORDINANCES
AND RESOLUTI GNS OF THE Ci TY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES AHD
SHALL OJEY ALL ORDERS AND REQUIREMENTS IMPOSED 3V THE HEALTH, FIRE, SANITARY
AND POLICE DEPART11E.TS FOti THE CORRECTIONS PREVENTION AIJD ABATEMENT OF NUISANCES
IN, UPON OR CONNECTED WITH THE PREMISES DURING THE SAID TERM, AT LESSEE'S EXPENSE,
12.
IN THE EVENT THE AIRPORT IS MOVED FROI1 RIFF FiiAUS FIELD TO THE NEW
AIRPORT SITE THIS CONTRACT SHALL TERMINATE AND BE OF NO FURTHER FQtCE OR EFFECT.
13.
IN THE CASE OF DEFAULT OF A14Y OF THE ABOVE COVENANTS THE LESSOR
MAY ENFORCE THE PERFORMANCE THEREOF IN ANY OF THE MODES PROVIDED 'Y LAW AND
MAY DECLARE THIS LEASE FORFEITED AT LESSOR'S DISCRETION AND THE LESSORS OR
LESSOR'S AGENT, OR ATTORNEYSSHALL HAVE THE RIGHT WITHOUT FURTHER NOTICE OR
DEMAND, TO RC –ENTER AND REMDVE ALL PERSONS THEREFROM WITHOUT BEING DEEMED
GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDIES FOR
ARREARS OF RENT OR BREACH OF COVENANTSS OR LESSOR OR LESSOR'S AGENT, OR ATTORNEY,
MAY RESUME POSSESSION OF THE PREMISES AND RELET THE SAME FOR THE REMAINDER OF
�3-
THE TERN AT THE BEST RENT IT MAY OBTAIN FOR ACCOUNT OF THE LESSEE,
WHO SHALL HAKE DO— ANY DEFICIENCY; AND THE LESSOR $HALL HAVE A LIEN
AS SECURITY FOR THE RENT AFORESAIB OPON AL! GOODS. EAR £S. CHf TTCLS.
IMPLEML;TS, A: :i, 3TI�ER PERSONA-, P.R3 ERTY WHICH ARE OR MAY GE PUT ON THE
OEMISED PREM15E5.
;ii 'd 1TIJLyb WT?tuT C', THE PAP.TIE5 HERETO HAVE EXECUTED THIS
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;,FP EAR EE ;;GcLWtL, �1.ITY i;ANAGER OF 7H ".::.1TY OF 1CRPU5 11,91ST1.
!EX S TO Il[ 1� T�- PE!; ,; I:HCSL l!,:1- ,S bLL� I:: Li, TO THE TCRE-
COIN(' IN: TRUh:E!:T AI:D AC{:.: r}IL LDC E. TC LL THAT � "E EXLCUTEL THE SAME YOR THE
PURPOSES Ai'G CGN510ERATICN YKEREIN IN THE C'AFACITY THEREIN
STATLt., A:1� AS 'FHE ACT ANF. LEEO Lt ZA: -,
. L,.L E11;' L. TH13 THG LAV GF
:vTAAY JGL IC 1,r Afw FOR I.UECES U—ITY.
TLxA5.
TL: 'one. I.L. THE Ui"0 Efi 51C IlGL^ AUTFCF11Y, ON THIS DAY PERSONALLY
APPEARED JEROHE L. FILIP AND DELLA FILIP, H15 WIFE. BOTH KNOWN TO ME TO
BE THE FER5t NS WHOSE NAAVES ARE �UESCRIBED Ti) TVL FOREGOING INSTRL'�LENT, AND
ACKNOWLEDGES TC lit THAT THEY EACH EXECVTEO THE SAidE FOR THE PURPOSES AND CDN-
SIDEP.ATI_: THERLIN EXFRES5EF, AND THE 5AIC DELLA FILIP, NIF_ GF THE SAID
JEROME L , "ILIP, HAVING SEEN EXAMINLD EY NE FRiVILY ANY APART FROM HER HUS-
BAND, AND HAVING THE OANE FULLY C %PLAI::EC TO HER, S`IE, 1'1iE SAID DELLA FILIP
ACKNOWLEDGED SUCH INSTRUMENT TO 6E HER ACT AND DEED. AND DECLARED THAT SHE HAD
WILLINGLY SIGNED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED,
AND THAT SHE G D NOT W1_SH TO RETRACT IT
GIVEN UNDEH NY HAND AND SLAL OF OFFICE . THIS —DAY OF
COR US CHRISTI, TEXAS
1
c� ,1957
I;
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
COUNCIL: I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
YOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
-�•Z��
-fir'
MANUEL P. MALDONADO,
.- ,�f-
CHARLIE J. AILLS
ARTHUR R. JAMES
/
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
FARRELL 0. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
-
ODELL INGLE�
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