HomeMy WebLinkAbout04876 ORD - 09/25/1957IMS :EB :9/25/57
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY
OF CORPUS CHR STI, TEXAS, TO EM ME AND ON BEHALF
OF THE CITY A CONTRACT WITI_C._R_.7ffHMAN LEASING CER-
TAIN LAND AT CUDDIHY FIELD TO BE USED FOR AMTMOURUL
PURPOSES AS P RTICULARLY DESCRIB D N THE COPY
OF THE CONTRACT ATTACHED HERETO AND MADE A PART OF THIS
ORDINANCE; REPEALING ORDINANCE NO. 4838; AND DECLARING
AN EMERGENCT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BE-
HALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH C. R. LEHMAN, OF THE CITY
OF CORPUS CHRISTI, TEXAS, LEASING CERTAIN LAND AT CUDDIHY FIELD TO BE USED FOR
AGRICULTURAL PURPOSES, A COPY OF WHICH CONTRACT 15 ATTACHED HERETO AND MADE A
PART OF THIS ORDINANCE.
SECTION 2. THAT ORDINANCE N0. 4838, PASSED AND APPROVED BY THE
CITY COUNCIL ON THE 14TH DAY OF AUGUST, 1957, IS HEREBY REPEALED.
SECTION 3. THE NECESSITY OF OBTAINING REVENUE FROM FARM LANDS AT
CUDDIHY FIELD IMMEDIATELY CREATES A PUBLIC EMERGENCY AND 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 PUBLIC EMERGENCY AND
IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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 .- J DAY OF SEPTEMBER, 1957.
MAY�t'F
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECRET Y
G `
APPROVED AS TO LEGAL FORM THIS
THE .j DAY OF SEPTEMBER, 1957:
CITY ATTORNEY
THE ;TAT[ OP TOO
CINNRT of meco +
THIS AGREEMENT IWE AMD ENTEIED IHTB rNIS THE _may or SEPTEMBER,
A. D. 19-57, BY Am BETWEEN THE CITY N Come CIMIISTI, TEXAB, A MUNICIPAL COR+
PIMATION, HEREINAFTER CALLED "CITY', AND C. R. 14MMAN, Or NUECES CWMTY, TEXAS,
MEREINAFTSR CALLED "lGBLESAEE ",
MITNFyalli I
TBE CITY or Come CHRISTI, TEXAS, DO" BY THEN PREOEMTS LEASE AMD
DEM"llm UOTO TOE SAID C. R. LEW"o SWLEOBEE, THE FOLLOWING DESCRIBED PREMISES,
TO -WITS
TOE LAND BETWEEN AND NHWGUND WIG TIE RUNWAYS, CONCRETE
APRONS AI® OGABWAYS AT CWBBIMY FIE,�LD IN NOECES COWITY,
TEXAB, COMTAINIRG APPRG TE
X /MALY W ASTS. THE ACTUAL
ACREAGE SMALL BE DETERMINED BY THE MEASIMEINNT SF THAT
PART M CIIBo1NY F /ELo WIC" IS rut AREA UPON WHICM It
LOCATED THE RUWAYS AND WHICH IO UIGCcUPNEp BY BUILDINGS
AND SU/TRACTEMS FROM SAID ACREAGE THE ACREAGE OCCUPIED
SY RUNWAYS, CONCRETE APRONS, AND ROADWAYS AND THE WAR -
GINAL LANG! THEREBr AO DESIGNATED RY THE AIRPORT MANAGER
OF THE CITY or CORPUS CHRISTI, TEXAS.
IM THE EVENT SUCH LAMps EXCEED FM ACRES, THE RENTAL SMALL
BE CALCULATED ON `UP THE ACTUAL ACREAGE to 09TCOMINEo,
FOR THE TERM of OE (1) YEAR GEGINNING SCPTEMBEO 1, •lll, MIS ENDING AUGUST
31, 1918-
TIE SUGLESSEE IS TO PAY THEAEFDR AS RENTAL A TEARLY CASH SONWS PER
ACRE or THREE NO 25 /M+ GOLLAIIS (13.25), BEING A TOTAL YEARLY CASH BOIRIB
or NINE HUNDRED THREE AND -5D11W DOLLARS (1903..-50), PAYABLE IN ADVANCE UPON
THE EXECUTION Or THIS LEAK. THE 8WBLEsSEE 18 ALSO to PAY AS PART Or THE
RENTAL OME -FWRtH (1A) GROSS YIELD OF ALL COTTON ARM COTTON OEEB, AND ONE"
THIRD (1/3) =*SO YIELD ON ALL FEED AM OTHER CROPS RAISED UPON SUCH PREMISES
HEREIN DESCRIBED DURING THE TEN/ OF THIS LEASE, WHICH SMALL BE OCLIVERED FREE
OF ALL COST AT THE "MET OF CORPUS CHRISTI, TERAS. IT IS UNDEROTSOD THAT
WHEN THE CROPS AME HARVESTED ON THE PREMISES REOEIN DESd11BED THAT SUB -
LESSEE WILL GIVE NOTICE To THE AIRPORT MANAOEII Or THE CITY THAT SUCH CROPS
ARE BEING NARYESTEG. SUSLEOSEE SMALL BENZ THE EXPENSE W COMIMIMG GRAIN,
BUT COOTS OF GINNING COTTON AND COSTS N MAULING GRAIN SHALL K BRINE OMO-
POOTIONATELY BY CITY AND SUOLEOSEE.
THIS LAW NS sv&"CT TO THE rSLLOwtNO COHITISOI AMO awmAHTSI
1. IT t0 [URYEISATOM AMD A11MEO THAT THE LEASES PNEM /SES ANC TO
SE USER rOR ABNICULTVRAL PDRP*RE* ON.YS A"S THAT PKMISER An NOT TO OR USED
FOR ARY OTHER PUMPOSE THAN THESE HENS /N SPEtirtED URLtRO CAMOCNTES TS SY THE
CITY IN WRNTi NO.
$. {T IN rURTWO BMBCSSTOOR THAT SMSLCRSCE SNAy.L KEEP A TRIM No
A"URArt SOON Or ACCSDOYS ""Mine ALL 6"1"tt MAT"" PCOTAIMING TO THE
ABOVE OESCRIMEO CULTIVATION Of THE PREMISES HEREBY LEASED, AND SUCH SAID
&WAS SHALL OE OPEN TO INSPECTION BY THE CITY? REPRESENTED 8V THE CITY MANARCR
AIW /OR ITS At RPORT MANAGER.
3. ►T is ISPCCIALLY U10E€NIT000 ANO AGIIEEO THAT THE CITY MAT AT
ASY TIIIC RY AMITTEN NSTICR REPSO.. ALL GO ANY PART Or THE ABOVE LEASED PREI/+
IDES FOR USE AS AN AIRPORT ON IN CONNECTION WITH THE OPERATION OF AN AIRPORTS
AIR) IT I$ FURTHER UNDERSTOOD AND ADAM THAT THE CITYT IN THE EVENT or SUCH
REPOGSESSIONj ONALL eE AUTI€ONIIIEQ AFTER MAILINC. SUCH SAID WRITTEN NOTICE PY
Rr& €STEREO HAILS TO ENTER UP" AND TARE POSSESSION Or SUCH PREMISES AS OESCR€DEO
IN SAID UOTICE. IT is, FURTMERS WMRSTOOD AND AOHECO THAT SUMUS11404 OAMAGES
IN THE EVENT Or SUCH NCPBS698SION SMALL OE LIMITED TO THE ACTUAL CXPEHSE8 Or
SISLESSE€ IN PUTTING SAID P01E041$CS IN SHAPE FOR PLANTIMS,' THE LASORJ SEEDS IF
ANY; AM TRACTOR EXPENDER, "CO IR THE CULTIVATION OF SAID LAND AMD RO OMGRES
SMALL BE PAID OTHER TOM THOSE MCREtH CMIRICRATCD•
h. SUINLIt"At AOHCES TO PAY FOR SHAY AM ALL OAMAGES TO ANY UTILIn
LANES OR EOWIPIONY LOCATED ON SAID LAM WMICH MAY SE IMCItNDED MY FASMINS ON
AGRICULTURAL OPERATi OUE OR TO REPLACE ALL OT OUCH LINE* INJURED BR DESTROYED
AM A RLIWLT Or 010 DPCRATIONR.
5. SUfticsSCE A*REES MOT TD E,10 -ACT THE LEAAEN PREMI*Es ON ANY
PORTION TNEHCOr WITHOUT TRE CONREHT Or TIM CITY IN WRITING.
E. THE SUBLESSEE ADAM TMAT HE WILL TAMC GOO@ CAKE Or THE PRSPEETT
AHD ITS APPURTENANCES, AM *WPFEA N0 YSYTC, AND SMALL KEEP THE SAID PROM US
1N DODO !REPAIR AND AT NI* AND CXPENSCS AM AT THE CM of OTHER CMV*ATI*M Or
THE TERM Or THIS LEW, BNALL DELIVER UP THE OCMI SCR PREMISES IN 9000 O*Kot AHO
COMBITIOM, AD SAME An MOW too, NATURAL WEAR ,MAO YEAR AND BANADC rW ELEMENTS
ONLY EXCEPTED.
7. THE bINIRSSEE ARMED TO PAY PDR ALL UTILITIES USER AT YOE POCNISES
LEADER Sy MIN.
.. Q E
S. THE Ci" SSSCIHIES THE RIIHIT TO 9MTEo tug SAID Piinion At
ANT TIME BOSNMS TUC EXISTENCE Or THIS LEASE FOS TINT PIHIPOS9 OF NMSPCCTIMR THE
*APK 110 CANSO TO IETFAMINE WHETHER TOE TERM* Of $A10 LEASE ARE 0CIM6 4R#OVEO
A" CARRIED 'OUT.
ge S4AI.EAIEE A0R €ES NOT TO USE SAID PRERIOES FOR ANT ILLEAAL 00
$Van L 1R1SPoom AIR Aoun TO fOMPom TO ALL OF THE LAw OF THE STATE, TUE
UNITED STATES, AND ALL RULES ACT OUT BY TUC CITY MARAOER OP THE CITY Of CORPUS
CHRISTI, TCXAS, FOR THE OPERATION Of THE LEASED PREMISES.
SLY. THE 1AMPLESOC€ SMALL HOT 0910647 MALT, VIROU1, OR ALCORNU.IC
SEYFNAOES NN THE DEMO €D PREMISES) AN& WILL HOT PERMIT $(OEINO ON ANT PLACE
WHERE SUCH WOULD OE A FIRC MAXAIID AND WILL AT ALL TIMES DISPLAY °!i0 SMOVINO°
014111 WHERE OESiGNATCO OY FNC AIRPORT MANAGER on CITY FIRE 'DEPARTMENT.
11. THE SIMESUE SHALL PROHPTLY EXECUTE AND FULFILL ALL THE
4001HAHC96 OF THE CITY OF COYPUS CHRISTI APPLICARL9 TO SAID PREMISE$' AND
ALL ORDERS AND RCOUIRLYENTO IMPOSED BY THE HOARD OF HEALTH, SANITARY AND POLICE
DEPARTMEUTO, FOR CORRECTION, PREVCNTIOM AND ABATEMENT OF NUISANCES IN, UPON,
OR CONH € {TSO WITH SA40 PUMISLS OVAIMS THE TERM OF TH11 LEASE AT NIS OWN £XPCHB €.
12. luRLCS199 FVRTq €R ARRCES THAT IN CARE OF ANY DEFAULT IN ANY
OF THE COVCUAHTS ARM COKOITIONB of THIS LCA1E, THE CITY MAY EMFORCC TIM PER-
FORMANCE TOLOW In AMY VAPORS 08 NUM90 PROVIDED BY LAW, AND RAT BCCLA6K TUC
LCASK FWW9JTC4 AT ITS DISCR9710110 AIR/ fl, ITS A4CMTO, OR ATTOOKY, SHALL HAVE
THE SISHT, WITHOUT FURTHER NOTICE OR DCNAUO, TO RC-EMCR AND REMOVE ALL PERSONS
TNEAEFMOUF WITHOUT 091RD D£CNE9 GUILTY 4S AMY MAU/MR Of TRESPASS AMO WITNOWT
PRCJUOIC6 TO ANY REMEDIES AND BE-LET TOE SANE FOR THE RCMAIUDER OF TUC TERM AT
THE BEST ACWT IT MAY OBTAIN, FOR THE ACCOUNT Of THE SWSLCiSE9 MERSIN, SINS SHALL
NAVE OOW ANY DEFICIENCY) ANO TUC CITY SHALL HAVE A LIEN AS SECURITY FOR TUC
RENTAL 'APOREfA1D, OR ANY BERT DUE ARM UWPAIS UNDER 0A10 LEASE, U00% ALL CROPBA
40000, ORRES, CNATTELS, IMPLEMCNTO, FIXTURCO, FVIWITURE, 10046, 140 OTHER PER -
NWAL PROPERTY WHICH ASK HSII LOCATED SU SA10 PRCMIIES olI WHICH MAY OE PLACED
ON SAID PREMISES SY SAID SIHLM&tl WHICH LICH 00441 0E CUMULATIVE OF THE
STATUTORY LICH CREATED BY LW AND IN ADDITION THERETO.
13. TUC, 5WItW1 SMALL STORE U0 MATERIAL/ OR SUPPLIES IN oil
ABOUT THC SAID PREMISES WHICH WILL INCREASE TUC FIRE *ARABS ON ISOTITUTC AN
UNUSUAL RISK IH THAT CONUMCTION AND SWLESOEE SHALL AT ALL TIMES 4019 THE
FRENISES III 1DCM A W094 AS NOT TO EMWANOCN TIM PROPERTY 494490.
_g.
1$. BWNLENKE RBREa THAT IN Tot EVENT SKATE ON INJURY OcCWRR TB
ANT VERNON SS LOBOS OEIIMADCTION OR DAMASK occu I to ART PROPERTY IN CORRECTION
W11M THE TIAINTENANCE, OPERATIONS SR KPAIR OF ?WS LEASH PRRMIS" AND THE
FACILITICS COVEKD REMEDN86NS OCCASIONED BY THE ACT SR OMISSIONO OF THE
Susugobtt IKKiMf H18 AMD"$ OR MoLOVEtSS THE SUSLE"" ABKSS TO INOWNIFT
AM SAYE HASNA.ESS Tilt CITY FROM AND AGAIMOT ANY LOBOS E"C"ItS CLAIMS ON
DOW" TO WHICH THE CITY MAY ME Su"tcT AS TNt RESULT OF 0"10 DCNANBS$ LOBS,
DESTRUCTION OR DAMAGE.
15. Tot CITY SMALL NOT BE RESPONSIBLE FSR 0OU495 TO PROPtRTY OR
INJURY TS PERDSNS YSIICM MAY "'ME INCIDENT TO THE LNERCISE OF THE RIGHTS AND
PRIVILEGES NEMEIN GRANTED.
16. IT M EMPRSOSLY UNSEROTDDD AND AGREED BY THE PARTIES HERETO,
TEAT tHIB LEASE IS SUBJECT TO A LEASE BY THE UNITED STATED OF AMERICA TO THE
CITY DF CONPuO CHRISTI, TExAs, PERMi TTIMG THE USE Of U. S. NAVAL AUXILIARY
AIR STATIONS CVOOIMY FIELDS CORms CHRISTI, IN1£C£s COOIRY, TEXAS, OR A PORTION
TREREOFS THEOEBY, AND SAID LEASE IS COIITINOENT ON SUCH LEASE WITH THE UNITED
STATES OF AMERICA ANC THE TCMM THEREBFS AND ALL RIGHTS OF THE LESSEE ARE
SUBJECT TO .THE TRANS OF SAID LEASE WITH THE UNITED 9T ►TES Of ANEIti CAS AND IT
IB FURTHER ASRECO THAT THE CITY 1; NOT TO SE LIAGLtS IN ANY HAMMER FOR SAMAGtB
DF ANY NATURES FOR ANY TERMINATION OF THIS LEASE ON CHANGES OF TNt RIGHTS OF
THE VaLEMCEA BY VIRTUE DF AMY ACTION TAHEM BY rat UNITED STATES OF MMESICA
OS THEIR AGENTS BY VIRTUE OV AFOGSSAID LEASE,
17. SUBLESSEE FUMES ASREEG TO MECP AND MAINTAIN IN FULL FSACE
DURING THE TEBA OF TRIO LCASS AM IM EGIPARIES ACCCISTAILt YO TOE CITYt "ALIC
LIABILITY RNSAUNC€, IN TIE MCIWT W FWly T1IDIISAHD AND N01100 ($50low.00)
DOLLARS. SUCH POLICIES NULL SPT'c1FIcALLY IIEURE THE DSLIOATIGN uwmTAMCN IN
PARA40 PM 18 MC/EOY NO SMALL NOT CONTAIN A MMMMATSON CLAUDE WHIEM SOULS IN
ART WAY tNCU118EB THE SAID CITY OR TNt UNi TES STATED OF ANERtcA.
141. IT IS FUBTIEN UMDEOP"= AND AGREtO THAT SHOULD THE LKAOE
MELD OY THE CITY FORM THE WISES STATES SF ANERlCAS COYERIRS THE PGDPERTT HEREBY
SWBLCAKDS BE TERMINATED M SuRNEMO£R6D BY TIIE CITY SACS TO THE UIIITEO STATED
OF AMERICA, THE, IN OUCH MATS N44 LEASE SMALL TCM1RATt AND THE CITY to
NOT TO BE LIABLE$ IN ANY MANNER FOR DAMASES OF ARV NATWK BY RE40" OF f11E
CITY'S Ou/OItNDtR OF ITS LEASE TO THE UNITED STATED OF AMERICA OR T11E TERHIMATIOM
Of SA1E. HOWEVER, IT IS VNIHIMTOM AND AGREES THAT THROE is TS OE NB MAINIKR
.4.
OF LIABILITY ON TMC PART OF THE CITY FOR THE TEIWINATIMI OF THIS
4EASE roR SUCH REASON.
19, SIML9"EE AOREES 70 CVLYIVATE ALL OF THE LARD HERESY
LEASED IN A OOOB AND WORKMANLIKE MANNER, KEEPING THE SANE FREE FROM
OBNOXIOUS WEEDS AND VEIIATATIOM OTHER THAN CROPS. ALL FARM IMPLEMENTS
AND O'PERANIS" M 71C WMILSSaEE SMALL BE CLEAR OF ALL RUNWAYS AND
A►RONa, AND FARM MACHINERY SHALL NOT BE MOVEO ON OR ACROSS ANY PART
OF SUCH RUNWAYS OR APRONS.
80, THIS CONTRACT CONTAINS PROVISIONS AGREED UPON BY THE
PARTIES HERETO AND DISPLACES ALL PREVIOUS VERBAL OR ORAL AsNEENCNT.
EXECUTED IN TRIPLICATE, THIS THE DAY OF rSEFTEMDER, 1987.
CITY OF COM % CHRISTI, TEXAS
BY
CITY MAIIAMR
ATTEST:
CITY SECRETARY
A�VEO AS TO LEGAL FORK THIS
OAY OF EMBER, 1957: C, R, Lit DDBSiE
CITY ATTORNEY
TFE STATE OF TEXAS {
COUNTY OF MUECES j
BEFORE AEI THE ONOENSIaNEB AUTHORITY, DN THIS SAY PEMOMLLV
APPEANED RUSSELL E. MMLURE, CITY NANANER Or THE CITY OF CORPUS CW4IIYI,
TCKAs, KNOWN TO HE TO BE THE PENS" WHOsE HAKE I$ SUBECRIRED TO THE FORE-
GOING INSTRUMENT AND ACKNOWLCDOED TO RE THAT HE EXECUTLD THE SATE PON TUC
PURPOSES AND CONSIDERATION THEREIN EXPRESSLO, IN THE CAPACITY THEREIN STATED
AND AS THE ACT AND DEED OF 9A10 CITY.
GIVEN MM w HAND AND SEAL OF OFFICE, THIS THE ,DAY Or SEPTEHUR,
1957-
THE STATE OF TEXAS
NOTARY PUBLIC IN AND ran NUECEs COURTY,TExAs
{
COUNTY OF WACES {
BEFORE LEA THE URDERSIONED AUTMORITV, ON THIS DAY PERSONALLY APPEARED
C. R, LEMN, KNOWN TO ME TO BE TICE PERSON WHOSE MANE IS *"SCN1OEB TO TNC
FBIIEOOIHD INSTRUMENT ANO ACKR0IH.EDOED TO LIE THAT HE aseCM7ED rHE sAME FOR TNC
PURPOSES AHD CONSIDERATION THEREIN EXPRESIED.
GIVEN UNDER W KAM AND SEAL OF OFFICE, THIS THE DAY Sr SEPTCMBCRS
1957.
NOTARY Pvvuc IN AND ram NDECEs CGBAITY,
TEKAO
.5-
CORP CHRISTI, TEXAS
1997
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN L
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-
T104 SHALL SE PASSED FINALLY ON THE DATE IT IS INTRODUCED. AND THAT SUCH
ORDINANCE OR RESOLUTION SMALL 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,
N
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED:
FARR ELL O. SMITH
N. J. ROBERTS //
B. E. BIGLER (+`
RANUEL P. NALDONADO,�
CHARLIE J. AIL LS ,,,......,,,(((
ARTHUR R. JAMES
ODELL INGLE //
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW &G VOTE.
FARRELL 0. SMITH
W. J. ROBERTS
B. E. BIGLER '
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE