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HomeMy WebLinkAbout04995 ORD - 03/12/19583/13/58 :JAW :MEM AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS I TI, A ON- TRACT FOR THE PURCHASE OF 128.315 ACRES OF LAND THE IMPROVEMENTS S! UA D THEREON, AND A R 1 1 VE MEN ON 5.070 A FROM E LIA K LLY FOR AN AGREED PRICE PURCHASE $125.578.45 FOR THE LAND AND TIVE EASEMENT AND ,,000.00 F IMPRUVE�t T . AND SAID 0 A 0 COW A{NING A LEASE AGR N OR FARMING ON A PORTION OF THE SAID LANDS. A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $129,578.45 OUT NO. 245 AIRPO PROVERENT FUND F T�URCHASES W- Of7i�t THE SAID WTRXCT; AND DECLAR ING AN NC . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT FOR THE PURCHASE OF 128.315 ACRES OF LAND, AND THE IMPROVEMENTS SITUATED THEREON, AND A RESTRICTIVE EASEMENT ON 5.070 ACRES, FROM CECILIA KELLY FOR AN AGREED PURCHASE PRICE OF $125,578.45 FOR THE LAND AND A RESTRIC- TIVE EASEMENT, AND $4,000.00 FOR IMPROVEMENTS, FOR USE AS A PART OF THE AIRPORT SITE OF THE NEW MUNICIPAL AIRPORT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THERE IS HEREBY APPROPRIATED THE SUM OF $129,578.45 OUT OF N0. 245 AIRPORT BOND IMPROVEMENT FUND FOR THE PURCHASE OF SAID 128.315 ACRES OF LAND, AND THE IMPROVEMENTS SITUATED THEREON, AND THE RESTRICTIVE EASEMENT. SECTION 3. THE NECESSITY FOR ENTERING INTO THE CONTRACT HEREIN DES- CRI8ED AND FOR MAKING THE APPROPRIATION DESCRIBED IN SECTION 2 HEREOF IN PRO- CEEDING WITH THE ACQUISITION OF PROPERTIES NEEDED TO COMPLETE THE ACREAGE RE- QUIRED FOR THE NEW MUNICIPAL AIRPORT SITE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST. REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THISILDAY OF MARCH 1958. ATTES �/ � MAYOR I THE CITY OF CORPUS CHRISTI, TEXAS MY SECRETARY APPROV AS LEGAL FORM RCH %Y, 1958: Im (5 v moss 31M OF WAS C=rfw saw fto wwwsa*n or - 0 lk *a& and sobwod tAo v ad usbo rb cowu now* bw"Waw *mod '%uwy of to d 110081 4 e Ot IM4w ftA t W Ci* at 0000 OWA4 ISWAr a MMdAPI OWPWOUV. o 43M Vwobraatir*, d do OsWWot *a~, 3bAs of An o osmw, %"* toovite A oar of [a fir, o or q aR irk ia�► op 1urara�t 40„aoatdr �r sav is M Ca1, Sol"* t ot pMbMod QUM 30. " *a* aOwiud1V N*w "d "ftums -3. *~ ComwN out atd at 7 ra b *wood to Iva 1944, 3a Xam" "dw a Am. "Wo odd tmwt mm PWUOA%4r 4wwgod IW M!r a ad % as MGM$ 06 X As bWft OWN4 OOA itat 341W 400 WMAW IM -5%- llallA &M ` ozr r..wwrnwn'Mi.�ww�.. A r L %s yAp y I= y C.V Alow P' W.,, p ; r 51 We ro+p w tto rw tho vwpom ad tbwda *06"W► J�. D., ice6 or =W it, s"r ftm, to to to ba U* t4 a»)• max` l figs VrA ". Ma (% ad ac 'i citvv aotav ZOWL MEM :10 /24/56 THE STATE OF TEXAS Q COUNTY OF NUECES Q THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF 19 BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED 'CITY'. AND Cocili,q ;,�, llti OF COUNTY, TEXAS, HEREINAFTER CALLED LESSEE, W I T N E S S E T H: THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DE- MISE UNTO THE SAID Twcs.� THE FOLLOWING DESCRIBED PREMIS A TRACT OR PARCEL OF LAND IN NUECES COUNTY, TEXAS OUT OF LOT 7 OF THE MARGARET KELLY SUBDIVISION, ACCORDING TO THE MAP THEREOF RE- CORDED IN VOLUME 8, PAGE 4o, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID LOT 7 HAVING BEEN CONVEYED TO CECELIA KELLY BY THE WILL OF MARGARET KELLY, PROBATED MARCH 25, 1944, IN NUECES COUNTY PROBATE COURT UNDER CAUSE N0, 4300, SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE W CORNER OF SAID LOT NO. 7, A POINT IN THE CENTER OF KOSAR ROAD AND IN THE SOUTH LINE OF FARM BLOCK 23 OF THE RUSSELL FARM BLOCKS; THENCE S 89' -351 -20" EAST ALONG THE NORTH LINE OF SAID LOT 7, AND THE SOUTH LINE OF FARM BLOCKS 23 AND 22, A DISTANCE OF 2131.06 FEET TO A POINT FOR CORNER IN THE CENTER OF KOSAR ROAD, AND THE NORTHEAST CORNER OF SAID LOT 7; p THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 7 A DISTANCE OF 2371.281 TO A POINT FOR CORNER; THENCE IN A WESTERLY DIRECTION ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 11001 AND A CENTRAL ANGLE OF 29° -401 -33" A DISTANCE OF 569.741 TO THE END OF SAID CURVE; THENCE N 89' -34' -10" W TANGENT TO THE AFORESAID CURVE A DISTANCE OF 648.901 TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE IN A WESTERLY AND SOUTHERLY DIRECTION ALONG SAID CURVE WHOSE RADIUS IS 905.37' AND WHOSE CENTRAL ANGLE IS 90o -001 A DISTANCE OF 1422.161 TO A POINT FOR CORNER; THENCE N 89" -341 -10" W A DISTANCE OF 501 TO A POINT IN THE WEST LINE OF SAID LOT 7 AND IN THE CENTER OF FARM -TO- MARKET ROAD 763, THENCE N O' -251 -50" E ALONG THE WEST LINE OF LOT 7 A DISTANCE OF 31421.211 TO THE PLACE OF BEGINNING AND CONTAINING 128.315 ACRES OF LAND LESS 5.549 ACRES IN ROADS, AND LESS THE 1001 WIDE RIGHT OF WAY TO BE CONVEYED OFF THE SOUTHERN BOUNDARY FOR ROAD PURPOSES, IT BEING UNDERSTOOD THE ROAD OR FUTURE ROAD ACREAGE NOT TO BE INCLUDED IN THE DESCRIPTION. THEREOF IS SOLD IN THE FIELD WITHOUT HARVESTING COST TO HIM, THE RENT WILL BE ONE -THIRD OF THE PROCEEDS OF SUCH SALE IN- STEAD OF ONE- FOURTH. FOR ALL ACRES TO BE PLANTED IN FEED, LESSEE AGREES TO PAY A SHARE RENTAL OF ONE -THIRD (1 /3) OF THE VALUE OF SUCH FEED, AND SHOULD LESSEE PLANT ANY PART OF SAID LEASED PRE- MISES IN SUDAN, RHODES GRASS OR ANY OTHER FEED AND RETAIN THE SAME FOR HOME USE HE SHALL PAY MONEY RENT THEREFOR ON THE BASIS OF WHAT THE OTHER FEED GROWN ON SAID LEASED PREMISES AVERAGED PER ACRE ON THE MARKET. IT IS AGREED THAT CITY SHALL PAY ONE -THIRD OF THE HAULING EXPENSE FOR HARVESTING ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO- THIRDS OF SUCH COMBINING AND HAULING EXPENSE. BUT THAT LESSEE SHALL BEAR THE EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE CITY THAT SUCH CROPS ARE BEING HARVESTED. (64' ER --T LESSE[ YrER[[S TO PRT TNZR [FOR '-fin -] iFe9i 47T�irYERR•tY Ppiill- @91145 PG.R r D IN AS Fem:ews 2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE USED FOR AGRICULTURAL PURPOSES ONLY. THAT SAID PREMISES ARE NOT TO BE USED FOR ANY OTHER PURPOSE THAN THESE HEREIN SPECIFIED UNLESS CONSENTED TO BY THE CITY IN WRITING. 3. LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY POR- TION THER OF WITHOUT THE CONSENT OF TH€ CITY IN WRITING. -e-. YL 7Slja ]� > C &- �/ Arse �e Q Sv 3Cai{ -r /O� OG cif /sRS� �p ire P4R ><ive,4Fl. >P �rvwN Qf yll,T �1yy�� 4. IT IS FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND R'A—&I ACCURATE BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE ABOVE DESCRIBED CULTIVATION OF THE PREMISES HEREBY LEASED, AND THAT SUCH BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY. 5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF -2- THIS CONTRACT, INCLUDING NOTICES TO THE CITY, SHALL BE BY AND TO THE CITY MANAGER 'OR A- :PERSON DES- IGNATED BY HIM. 6, IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO SELL OR OR USE FOR A-IRPORT PURPOSES AFTER SUCH DETVMINATION BY THE CITY COUNCIL LEASE FOR A USE DIFFERENT FROM THE PRESENT'USE AlL OR ANY PART OF THE HEREIN OR ANY PORTION LEASED LAND AT ANY TIME DURING THE TERM OF THIS LEASE, SHOULD THE PROPERTY/ THEREOF DETERMINATION MADE BY THE CITY COUNCIL OF NEED FOR USE FOR BE SOLD OR LEASED /B EFO RER TH EU EXPIRATION DATE HEREOF AND THE PURCHASER OR OR CITY COUNCIL LESSEE /NOT BE WILLING TO TAKE THE SAME SUBJECT TO THIS LEASE AND DEMANDS IMMEDIATE POSSESSION, THEN THE LESSEE AGREES TO VACATE AND GIVE POSSESSION AT ANY TIME WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF NOTICE TO VACATE, OR CITY COUNCIL SHOULD IT BECOME NECESSARY FOR LESSEE TO VACATE IN CASE OF A SALE OR LEASE,/ DETERMINATION THEN THE CITY SHALL PAY LESSEE FOR THE LAND OR PORTION THEREOF SO VACATED, THE FOLLOWING AMOUNTS, TO -WIT: AND /OR SUBSTANTIALLY IF THE LAND HAS BEEN PLOWED AND /PREPARED FOR A NEW CROP, BUT BEFORE THE CROP HAS BEEN PLANTED, THE ACTUAL EXPENSE OF WORKING THE ACREAGE VACATED, PLUS $5.00 PER ACRE, IF AFTER THERE IS A GROWING CROP, THEN THE AVERAGE RETURN ON AN ACREAGE BASIS THAT LIKE CROPS BRING ON UNSOLD LAND COVERED BY THIS LEASE, OR IF NO UNSOLD LAND COVERED BY THIS LEASE, OR IF NO UNSOLD LAND "THEN ON SIMILAR LAND IN THE IMMEDIATE VICINITY. ANY PAYMENTS 50 MADE SHALL BE IN PROPORTION TO THE TENANT'S SHARE S9 OF THE CROP UNDER EEUNDDpERRD THIS g LEASE, 7 LLpEELSSRR HARVESTING COSTS. IF NO CROP IS ON THE THEDLITS 6E NOTAOBQIGATEDOFO RBTHENPORTIONESORVACATEDR PLOWING HAS OCCURRED, THEN 7, HIS LESSEE AGREES THAT HE WILL PAY FOR ANY AND ALL DAMAGES TO ANY UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURRED BY HIS FARMING OR AGRICULTURAL OPERATIONS OR TO REPLACE ALL SUCH LINES IN- JURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS. 8. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES BEING LEASED BY HIM, 9. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY AND ITS APPURTENANCES, AND SUFFER NO WASTER, AND SHALL KEEP THE SAID PREMISES IN GOOD REPAIR AT HIS OWN EXPENSE, AND AT THE END OF THE EXPIRATION OF THE TERM OF THIS LEASE, SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND CONDITION, AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. -3- 10. THE LESSEE AGREES NOT TO USE SAID PREMISES FOR ANY ILLEGAL OR IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS OF THE STATE OF TEXAS, THE UNITED STATES, AND ALL RULES SET OUT BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES. 11. THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVER- AGES ON THE DEMISED PREMISES: AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE SUCH WOULD BE A FIRE HAZARD AND WILL AT ALL TIMES DISPLAY "No SMOKING" SIGNS WHERE DESIGNATED BY THE CITY OR THE CITY FORE DEPARTMENT. 12. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDIN- ANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES. AND ALL ORDERS AND REOUOREMENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPART- MENTS OF THE CITY, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES ON, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE. q13. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID LEASE ARE BEING OB- SERVED AND CARRIED OUT. 14. THE LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY OF THE COVENANTS AND CONDITIONS OF THIS LEASE, THE CITY MAY ENFORCE THE PER- FORMANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAW; AND MAY DECLARE THE LEASE FORFEITED AT ITS DISCRETION, AND IT, ITS AGENTS, OR ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, TO RI= -ENTER AND REMOVE 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 COVENANT, OR THE CITY, ITS ATTORNEYS OR AGENTS. MAY RESUME POSSESSION OF THE PREMISES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM OF THIS LEASE AT THE BEST RENT THEY MAY OBTAIN, FOR THE ACCOUNT OF THE LESSEE, WHO WILL HAVE GOOD AND DEFICIENCY; AND THE CITY (LESSOR SHALL HAVE A LIEN AS SECURITY FOR THE RENT AFORESAID, OR ANY RENT DUE AND UNPAID UNDER SAID LEASE, UPON ALL CROPS, GOODS, WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS, AND OTHER PERSONAL -4- - ;t MARCH 13, 1958 I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of No. 245 AIRPORT BOND IMPROVEMENT Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. J4- Director of Finance PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED ON SAID PREMISES BY THE LESSEE, WHICH LIEN SHALL BE CUMULATIVE OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO. 15. LESSEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF CORPUS CHRISTI, TEXAS (LESSOR).FROM ANY AND ALL CLAIMS OR DAMAGES OF ANY NATURE WHATSOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERA- TION OF THE LEASED PREMISES. 16. THE CITY SHALL HAVE THE RIGHT AT ANY AND ALL TIMES OF INGRESS, EGRESS AND REGRESS ON AND OVER SAID PREMISES FOR THE PURPOSE OF CONDUCTING AND CARRYING ON ANY BUSINESS INCIDENT TO OTHER ACTIVITIES OF THE SAID CITY. WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF 19 ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 19 CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER LESSOR LESSEE CO US CHRISTI, TEXAS 1958 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 15 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 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 VOTE: 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. MALDON ADO. - - -� CHARLIE J. AILLS l ARTHUR R. JAMES f ODELL INGLE yqq5