HomeMy WebLinkAbout05021 ORD - 04/23/1958JAW:MER:4 /23/58
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A
FARMING LEASE COVERING FARM BLOCK 24 OF THE J. C.
RUSSELL FARM BLOCK OF NUECES COUNTY, TEXAS, TO TOM
SLAY, INDIVIDUALLY AND AS AGENT FOR, AND SUBLESSEE
OF, F. B. SECHRIST, SAID FARMING LEASE HEREINBEFORE
AUTHORIZED IN ORDINANCE NO. 4735; AND DECLARING AN
EMERGENCY.
WHEREAS, THE CITY MANAGER WAS AUTHORIZED AND DIRECTED TO
EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, CERTAIN
CONTRACTS OF SALE PERTAINING TO THE ACQUISITION OF LAND NEEDED FOR THE
NEW MUNICIPAL AIRPORT, WHICH SAID CONTRACTS CONTAINED A GENERAL PROVISION
THAT THE CITY WOULD GIVE TO THE LAND OWNER THE LEASEHOLD RIGHT AND PRIVILEGE
OF FARMING THE LANDS ACQUIRED FOR A MINIMUM PERIOD OF FIVE (5) YEARS, OR
UNTIL THE EARLIER TERMINATION DATE IF AND WHEN THE CITY WOULD DEMAND POSSESSION
OF THE LAND AS REQUIRED FOR CONSTRUCTION OF THE MUNICIPAL AIRPORT IMPROVEMENTS;
AND
WHEREAS, ONE OF THE SAID CONTRACTS WAS FOR THE PURCHASE OF LAND
BELONGING TO F. B. SECHRIST, BEING ALL OF FARM BLOCK 23 OF THE J. C. RUSSELL
FARM BLOCK, AND SAID CONTRACT CONTAINING THE SAID LEASE PROVISION; AND
WHEREAS, THE SAID F. B. SECHRIST HAS REQUESTED THAT THE CITY EXECUTE
THE SAID FARMING LEASE TO TOM SLAY, INDIVIDUALLY AND AS THE AGENT AND SUBLESSEE
OF F. B. SECHRIST;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A FARMING
LEASE TO TOM SLAY, INDIVIDUALLY AND AS AGENT AND SUBLESSEE OF F. B. SECHRIST,
COVERING ALL OF THE LAND IN FARM BLOCK 23 OF THE J. C. RUSSELL FARM
BLOCK, NUECES COUNTY, TEXAS, HERETOFORE AUTHORIZED IN ORDINANCE NO. 4735,
SAID FARMING LEASE TO BE FOR A PERIOD OF FIVE (5) CROP YEARS OR UNTIL EARLIER
TERMINATED BY THE CITY FOR USE IN DEVELOPMENT OF THE MUNICIPAL AIRPORT, A
COPY OF WHICH FARMING LEASE IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY OF COMPLIANCE WITH THE CON-
TRACT OF SALES HEREINBEFORE AUTHORIZED FOR THE PURCHASE OF FARM BLOCK
23, PROVIDING THAT THE CITY EXECUTE A FARMING LEASE ON FARM BLOCK 23
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,
HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE
TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, THIS THE DAY OF APRIL, 1958.
MAYOR
. THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
23RD DAY OF APRIL, 1958:
CITY ATTORNEY'•
#MEN :10 /24/56
THE STATE OF TEXAS Q
Q
COUNTY OF NUECES Q
THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF
BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED *CITY', AND TOM SLAY,
INDIVIDUALLY AND AS AGENT FOR AND SUBLESSEE OF
F. B. SECHRIST , OF NUECES 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-
CAPACITY
MISE UNTO THE SAID TOM SLAY IN THE SAID / THE FOLLOWING DESCRIBED PREMISES,
TO -WIT:
ALL OF FARM BLOCK 23 OF THE J. C. RUSSELL SUBDIVISION
OF NUECES COUNTY TEXAS, AS RECORDED IN VOL.
PAGES , OF THE NUECES COUNTY MAP RECORDS.
FOR A
TERN OF � YEARS BEGINNING
OCTOBER 1,
195 , AND END-
ING_
SEPTEMBER 30, 19 62
, SUBJECT TO THE
FOLLOWING CONSIDERA-
TION,
COVENANTS AND CONDITIONS, TO -WIT:
1. THE LESSEE IS TO PAY THEREFOR THE FOLLOWING RENTAL AND CASH
BONUS TO BE PAID AS FOLLOWS:
(A) THE CONSIDERATION FOR THIS LEASE, TO BE PAID BY
LESSEE, IS ONE- FOURTH OF ALL COTTON AND 59ED RAISED ON
SAID LAND, OF WHICH LE55EE AGREES TO PAY THREE - FOURTHS
OF THE GINNING.CHARGES ON ALL COTTON GINNED AND CITY AGREES
TO PAY ONE - FOURTH OF SUCH GINNING CHARGES. THE LESSEE
AGREES THAT IN THE EVENT ANY COTTON CROP OR ANY PORTION
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, AMD 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.
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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 THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING.
4. IT IS FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND
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.
S. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF
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THIS CONTRACTP Imculo111S Homes TA in CITY SMALL lK BY AM To INC CITY
IIANApEM OII A PERSON DaDJOATED BY NIM.
64 IT IA WKDCRSTOOB THAT THE CITY NtBCSVES Tle staff To SELL on
LMASE FOR A use DIPPERCNT PNS11 ?a PRtSeNT UK# OR TO USt ALL on ANY "AT ION
Of THC SAID LANDS Wmm IT IS BLTMSNIMD By INC tNS /MttRlMS PSAM OF REAQAM AND
NOCAkWHAN TNAT ALL OR A CERTAIN PORTION or Tle LANDS IS NMel W in eNKIECTIDN
WITH THE CSMBTMUCTION On Use OF INC MW MUNICIPAL AtMPORT TO St LOCATCO oM
SAID LANDS, ALL OM ANY .PART Of TNt HEREIN LEASED LAMB AT ANY TINE DUSINO THE
TeNN OP THIS LMASE. $/IOULD THE, PIIOPCRTY Be BOLD OR LeAuD OR NCEDes Pat Use
IN CONNECTION WITH THE SAID UM MUNICIPAL AIRPOMT AB ABOYC SAID BEPORE TIN:
91PIRATION BATt IeHGSP AND TNt PBSCHASCS sot LEBBee oR CITT MST Be WILLING TO
TARO TNe SAIK OH Use TNK SAME OUPACT TO THIS LtAft AID DEMANDS I IOKD I ATM
POSSESSION, TKtM TNL Lague Assets T9 VACATt An GIVE MOSSCSSION AT ANT TINE
WITHIN IIIPTCIOI (15) DATE APTtR OCC91FT Of NOTICE TO VACATE. $MOMW IT WCOM
NECtSOAMT no Low TO VACATE IN CABC BP A SALE OR LEASE, OR use IN CONNECTION
WITH TNe SAID INS/ MUNICIPAL AINVAT, THCH IN CITY SMALL PAY LESSEe "It Tug
LAND OR PORTION TOCASOl/ SO VACAT=o TNe FftLQWIMG AMOUNTS, TO.WTS
IP THE Lose HAS am PLOWED Alfa PlKPAR" foot A HRW CIMM,
OUT a"" INC CHOP NAO SEER PLAAREo' THC ACTUAL CKPeNSC
or WDIINtma THe ABC KAOC VACATED, PLUS 45AC PeM ACME. IF
APTfs "Wow IS A GsOWINB two INCH TNM AVERAQK ftTURM Of AN
AC KAOC BASIS THAT LINE CROPS BRAD OM UNSOLD LAW CSYEHMO BY
THIS LtA1KP on IP NO UNSOLD LAND COVERED BY THIS LCASC, OR IP
ND UNSOLD LAND THEN ON SIMILAR LAW IN TIIC IMMeglan VICINITY*
ANY PAYIKNTS So SNAIL Be IN PROPowloH To TIML TalANTAS
SHARE Or INC CROP UNDER THIS LEASE# Less HARVMSTINO COSTS.
7- THIS LCSRCE Assets THAT me WILL PAY rm ANY AHD ALL oANNSCS
TO AMY UTILITY LINCB OR COVIPMCKT LOCATED ON SAID LAID WHICH NAT Be IMCIHNRED
by "IS PAMMIMG OR AGRICULTURAL oPtlsATtOMs an To REPLACE ALL SUCH LINES Its
4VREO on "STROYtD AS A RESULT or HIS AGR I CULTIIRAA. oPt"V l OHS.
$. Tle LtSOCM Assets TO PAY IOM ALL UTILITIES Uses AT INC PIeMIStS
BEING LENSED BY HIM.
90 THE Legate ASNDCS THAT Me WILL TAKe GDal CARe SP Tug V%oPCHTY
AND ITS APPUIFIENAMS# 00 SIPPER IMP IA *TE#f AND SHALL EeEP INC "Is PAKIItSeo
IN GM NIEPAIR AT "it ONO MAIPCNOey AND AT INC CHD OP THE e31PINAT1ON IMP TNt
TEIMI Of THIS L&MV SMALL KLIVLR UP INC 9EIIISeO PRW1SeS IN GOOD ORDER AND
CONSITIOMS AS SAME Ass told IMf MATUMAL WEAR AND TMAR AM *RAW= PROM TM
ELEMENTS env Ow"".
-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 FIRE 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 REQUIREMENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPART-
MENTS OF THE CITY, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES
IN, UPON, OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT
HIS OWN EXPENSE.
13. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT
ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OV 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 RB -ENTER AND REMOVE ALL
PERSONS THER'E'FRQM. 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-
PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED
ON SAID PREMISES BY THE LESSEE, WHI001 LIEN SMALL 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 (L ES$OR). 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 SMALL 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
THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANA4
ATTEST: LESSOR
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF , i9
CITY ATTORNEY
Tom SLAYS LESSEE
HEREIN, INDIVIDUALLY AND AS AGENT
AND SUBLESSEE OF F. B. SECHRIST.
/CORPUS CHRISTI, TEXAS
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 RESOLD-
TION SHALL BE PASSED FINALLY ON THE DATE IT -IS INTRODUCED, -AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE R EAD AT THREE MEETINGS OF THE CITY
COUNCILt 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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED:
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. MALDONADO
L.
CHARLIE J. RILLS
ARTHUR R. JAMES1'
ODELL INGLE
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