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Home My WebLink About05003 ORD - 03/26/1958AP :3/20/58 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT AND LEASE AGREEMENT CONSTITUTING A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY WITH MRS. J. W. HUNNICUTT LEASING TO THE SAID MRS. J. W. HUNNICUTT THE EAST 151 OF LOTS 11 a_12 AND ALL OF LOT 2. BLOCK 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF; PRO - '.'V.ID:ING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY 14ANAGER IS HEREBY AUTHORIZED AND DIR- RECTED 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 MRS. J. W. HUNNICUTT, LEASING TO THE SAID MRS. J. W. HUNNICUTT THE EAST 15t OF LOTS 11 AND 12 AND ALL OF LOT 2, BLOCK. 93, BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID LEASE TO BE FOR THE TERM OF ONE (1) YEAR TO COMMENCE AND BEGIN ON APRIL 1, 1958, AND END ON MARCH 31, 1959, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH 15 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 EMERGENCY 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 1S ACCORD- INGLY SO ORDAINED. PASSED AND APPROVED. THIS THE-2 OF 1958. MAYO�f ATTEST- THE CITY OF CORPUS CHRISTI, TEXAS CITY S €CR ETA APPROVED AS TO LEGAL FORM 1958: CIT �� TK STATE Of TEXAS + ALL 111 IN THM PTSi tOWIT r tr VUECES THIS CONT T AND LEASE ApKE/fNf $ KW AND ENTERED INTO THIS DAY OF - , 1958, VY ANO OETWEEN THE CITY OF CORPUS CNItISTf, UK", A MINICIPAL CORPORATION, ACTIIUI SY ANO TIONNRII ITS ONLY AUTHORIZED CITY MANARER,, NEaEIHATTER CALLED "PARTY of THE FIRST PART", Am MRS. J. 41. I usmiCu". OF WCCES CQ"TY, TEXAS, HER[IHAFTER GALLED ''PARTY OF TUC SECOND PANT ", 4 1 T N i€ .6 E 114 - THAT 0`0R AND IN CONSlOERATiON OF THE COIIENAiITO AND AOREEMEHTS HEREiN CONTAINED ANO SUOJ6tT TO THE PROltiti1101e "tam, THE PARTY Or THE FlRliT PW DOES MCRESY LEASE AND DENISE UNTO THE PARTY Or THE 3E40M0 PART TILE r0LLOWIM11 LANDS Ale PREHlSES: THE LAST 151 OF LOTS 11 AND 12 AM ALL OF W Y# BLOCIl �a BEACH Atmom Mi TO TUC CITY OM' caltm CURiST1, NIECCO C®UNTY, TEXARO AS THE SAM IS 0NOWN ON A MAY RECOieER is Tilt O"Jet OP 'THE cow" P.LERR OP 0iont0 CONMTTA TtNAO. I THE RENTAL FOR SAID PROPERTY SMALL RE FIFTY DOLLARS ("0.00) PER YEAR PAYAOLE iN VUCLYE (12) WWT14LV INSTALLMENTS OF FONR DOLLARS AND SCVV"tM CEMTs (0.17) EACH PAYABLE ON ON WOK THE 0`111117 OAT W EACH SO M IN AOVIMOCt. 11 UK TCON 4W THIS LEW SHALL „O[ FON ONE (1) VtA0 TO COIMIEUCC &W RE,01U ON APRIL 1, 10, AHD END mallcm 31, 1959, No DMALL " REUt"LOE 00 A YEAR TO YEAR OASIS THEREAFTER SY THE MUTUAL AOR40`AIEMT OF 711E PARTIES HERETO. 111 IT 111 7rMRTNER EXP11Es1"V COIItil"TED No ASKED RY AND lKrn N THE PARTIES HERETO THAT THE PARTY OF THE FIIUIT PANT SHALL HAVE T11E PRIVILERE AND ftfSUT TO TERMINATE THIS LEASE AT ANY TIME OURINS ITS ►Eft ON OIVINO TIE PARTY of THE SCCOHO WANT THIRTY (30) DAYS WRITTEN NOTICE TO VACATE SAID LEANS PRENLOES AND CH THE EXPIRATION Of SAID THlNTY (30) DAY PtR100 TIC PARTY OP THE FIRST PART SHALL HAVE THE RIOHT TO ENTER INTO AND UPON AMO fktPOB*M 11A 10 paniSES TO THE to"MtTg EXCLUSION OF THE PARTY O0` THE StCOHO PART Ale DAIS PANTY OF THE 5EtWO PART IHIALL1 MA1IC NO FURTHER 9"ROO OR CLAiM OF mm give ASSAiRHT IM PARTV OF THE FIRST PART RCSROLTINS rO M 00 SIIOR"IS BOO OF TM or INIC ""M ""MoIO11 OF V16110 L"" Amur/"T. IV THt PROttRTY LZAM INCKIN TO THE PARTY OF Tilt 59COW PART iM TO OM UK* FOR Tilt SOLt ANO EIICL*NiYt TWIMoSSE AS A PARKINS LOT. V Ut PARTY Or THE 59COM PART SMALL 'MOT ENCIOT ANY STMKTOK OR M- 0111MEMENTS W ANY KIND ON SAID PROPERTY UNLESS THE VRITTEH CiWM*T OF nW PA41TY OF THE FIRST FART AS OBTAINED PRIOR TO THE b"11,1MIIHi OF SVCH CONSTROHTISM, IM THt CVCM SIICN CONSENT is "TAARtO SLAMS FOR SINN CONSTR1eTAON OR iHPROVt- HtRTS *AT Ot Si1MSIITTED TO THE 01111tICTOR OF PUDLIL WORMS OF THE CITY OF COMFUS, . CIMIISTi, TEiiAM, FOR Mom App*wAL MiO SMCM COM*I*UCTiON OR IMPROVtMtMTM WIO&LL BE MOM IM COMFIIRMITYA Oil ALL RESVKCTS# TO THE PLASH ANN SMIFICATIONS APPROVED MY SAID DIRUTOR Or P"LSG WORKS. IT is FYRTMER ASUCO, UAT NO rCWtt 011 OTHER I14PO1"E ENTS SMALL BE PLACED THEREON BY THE CITY. VI 17 15 rU*IMtR EXPRESBiLV AGREED THAT MAY STANGTVRE OR IMPIMS NTM CASCTEO ON SAID PWAISCS MALL ON TUC TtOMIINATION OF TNfs LEASE FOR MMT CAgt SCCOW 110 ALL I1ESPuTo lilt MVEWV or THE eMTY OF TM FIRST PART MIO THE PARTY OF TIM SECOND, PART SOMALI. MNw[ HO CLAIM OR 01607 Or AMY RIMS MA /MST TILL PARTY OF THt FiRSI FART Fps MAi13 STRtICTWRES OR /HPROVEMEMTS OII THE VALiit OF *Mfg. vi 'rNt PARTY OF THE SECOM PART SHALL PROVIDE S1U1TAOLt SOON MMOIiATiMS THAT THE PMEMists ARt OPERATtO my THE PARTY OI THE HECOiKi PART Am A ►ART OF #it OM11 SS ANO NOT SY TMt PARTY Our Tµt F110111 FART. Viii TMA7 vat PARTY OF Toot sicoomM PART SMALL PIl9MPTLY 911RC4119 ADO FULFILL ALL THE OMIOIAHCt$ OF THE CITY OF CORP" CHRISTI APPLICMLE TO SAM PON 1093 AM/ ALL ORDERS A" REitilintutmTS 10(POS$O OY THt HEALTH DCPARTMEMT, SAMITARV D"ART- MSSIt, AMC POLICC L:I o"V tN7 FOR TMt CORRECTION, PIMEV1i*TIOM MID A"T41 MT Or iR11SAMCS 111, MPOM, OR COIRMCTCD WITH SAID PMMIStO MWIMM TOE TCM OF TM /S LEASE AT "Is OWN CxPEMM . Ix TWAT IV is iRR1tsorOOO AIM "*a" MY ANM sewer" TMt Pwe" MERtTM THAT TMiS COMTMCT AND LEASE 44 NOT ASSIMMAMLt 14 IP4M9 40 PAST Me tMAT TM PARTY OF THE SECOND PART SMALL HAVE NO RIOHT OR AITHORITT TO SLHILET THE PRE- MISES OR ANY PART THEREOF AND THAT ANY ATTEMPT TO SO DO WILL BE BROUMDS FOR TERMINATION OF THIS LEASE BY PARTY OF THE FIRST PART. x THE PARTY OF THE SECOND PART SMALL KEEP SAID PREMISES IN A CLEAN AND NEAT CONDITION AND SHALL TAKS 1000 CARE OF THE PROPERTY AND AT THE END OF THE TERN OF THIS LEASE OR ON ITS OEIK TERMINATED AS PROVIDED HEREIN, THE PARTY OF THE SECOND PART SMALL DELIVER UP THE DENISCD PREMISES IN SOW ORO%'.R AND L'OH0ITIDH, kATURAL WEAR AND TEAR AND DAMAr,E3 IY THE ELEMENTS ONLY EXCEPTED. vi THI: PARTY OF THC SECONO PART STIPULATZS AND AnREES TO HOLD HARMLESS AND DEFEND THE PARTY OF THE FIRST PART Aw AINST ANY HURT, INJURY, CLAIM OR DAMAGE TO PERSONS OR PROPERTY WHICH OCCURS OR ARISES ON SAID OCMISEO PROPERTY DURING THE TERM OF THIS LEASE AGREEMENT.. x1l THE PARTY OF THE SECOND PART STIPULATES AND AGREES THAT HE WILL NOT REPRESENT, COMMIT OR INVOLVE IN ANY MAY SAID OCH19ED PROPERTY AS HIS OWN OR AS THE OASIS Cr OR SECURITY FDA ANY DEBTS, LIABILITIES OR OBLIGATIONS ASSERTED AGAINST HIM, OSTAIN$0 OR UNDERTAKCN IN HIS OWN 919HALF. THAT 1K LASE OF DEFAULT 1t; ANY OF THE AFORESAID COVENANTS, THE PARTY OF THE FIRST TART Ii AY ENFORCE A PERFORMANCE THEREOF IN ANY MANNER PROVIDED BY LAM AND MAY DECLARE THE LEASE FORFEITED AND AT ITS DISCRETION THEAPARTY OF THE FIRST PART, ITS AGENT, EMPLOYEE OR ATTORNEY SMALL HAVE THE RIGHT WITHOUT FURTHER AOTICE OR DEMAND TO RE-ENTER SAID PREMISES AMC REMOVE ALL PERSONS THERE- FROM WITHOUT OEING GUILTY IN ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE TO ANY REMEDY FOR ARREARS OF RENT OR OREACH OF COVENANT, OR THE PARTY OF THE FIRST PART, ITS AGENTS AND EMPLOYEES MAY RESUME POSSESSION OF THE PREMISES AND RE-LET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENTAL THEY MAY OHTAIN AND HOLD THE PARTY OF THE SECOND PART LIABLE FOR ANY DEFICIENCIES THAT OCCUR THERE- FROM; ANJ THE PARTY OF THE FIRST PART SHALL HAVE A LIEN AS SECURITY FOR THE RENTAL AFORLZAi0 UPON ALL CHATTELS, IMPLEMENT$, TOOLS AND OTHER PERSONAL PROPERTY WHICH MAY SE PUT ON SAID DEMISED PROPERTY. x1m IT IS REMEDY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO, THAT NOTWITHSTANLIiiN4 THc TL MS, PHRASEOLOGY AND CONTENT OF THIS INSTRUMENT, THAT THIS INSTRUMENT SHALL CONSTITUTE THE GRANTING BY THE PARTY OF THE FIRST PART TD THE PARTY OF THE SECOND PART A MONTHLY USE PRIVILEGE OF A PUBLIC FACILITY- -3- .506. ATIUTs CITY El4ETARY APPR MCp AS TO L[ POW mAk" , , 19555 f 8Y ITT M=G PA*TT or THE Fi*sv PA*T Mite T PAHTT OF THE SWWR PAOT .h. COR US CHRISTI, TEXAS .1957 1 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.THER EFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AN PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARR ElL D. SMITH JL4 W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE OR- DINANCE WAS PASSED BY THE FOLLOWING VOTE: FARR ELL D. SMITH W. J. ROBERTS r�`�� =(c'' ` B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE So�3