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
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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
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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
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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
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- ;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