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HomeMy WebLinkAbout05407 ORD - 06/24/1959IMs:6:22:59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH ADOLPH A. MAREK, LEASING CERTAIN LAND AT CUDDIHY FIELD, BEING APPROXIMATELY 313 ACRES, TO BE USED FOR AGRICULTURAL PURPOSES, WHICH AGREEMENT SHALL BE ON THE FORM FOR LEASE OF CUDDIHY FIELD PROPERTY HERETOFORE APPROVED BY THE NAVY, AND DECLARING AN EMERGENCY. 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 LEASE AGREEMENT WITH ADOLPH A. MAREK, LEASING TO SAID ADOLPH A. MAREK FOR TWO(2) YEARS CERTAIN LAND AT CUDDIHY FIELD, BEING APPROXIMATELY 313 ACRES OF LANDS TO BE USED FOR AGRI- CULTURAL PURPOSES, WHTH AGREEMENT SHALL BE ON THE FORM FOR LEASE OF CUDDIHY FIELD PROPERTY HERETOFORE APPROVED BY THE NAVY. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT SET OUT IN SECTION 1 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 EXISTS HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND A TER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF JUNES 1959• MAYOR A S THE CITY OF PUS CHRISTI TEXAS C TY SEC ET Y ~� APPROVED AS TO LEGAL FORM THIS 220 DA PF JUNE, 1959: CITY ATTORNEY . `T © I AH:9:II:5b THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF ,19-n—, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATIONS HEREINAFTER CALLED "CITY ", AND ----Amon A_ mmm . OF IAESEG COUNTYP 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 DEMISE UNTO THE SAID AinaLow A- NARtR THE FOLLOWING DESCRIBED PREMISES TO -WIT: THE LAND BETWEEN AM SIINNDUNDING THE WJ WtAY$o CON:IN;TE APNONG AND 0OADWAY8 AT CWDINY FIELD IN WJltCES COUNTY, TEX", CONTAINING AP- PNDXINAT6LY )1; ACRES. THE ACTUAL ACREAGE SMALL DE DETERMINED SY THE WAGU11E1HCHT OF THAT PANT OP CUODIMY PIELD UNION IS THE AREA UPON WHICH IS LOCATED THE IWNWAY4 AND WHICH IS UNOCCUPIED BY OUtLO1N" AND SUSTRACT- INN /NON SAID ACREAGE THE ACNEASE OCCUPIED SY RUNWAYS+ CONCRETE APRONOA AND RDAD1tAY8 AND THE NANSINAL LAND1 Tumor AS DESIGNATED SY THE ANN- PORT MANAago DP in CITY or CORM CNA16110 TEXAS* FORA TERM OF IVI YEARS BEGINNING SEPTEMBER i, 19_ig__, AND ENDING Amaysit Ap -., 19,x, SUBJECT TO THE FOLLOWING CONSIDERATIONS COVENANTS AND CONDITIONS, TO -WIT: 1. THE LESSEE IS TO PAY THERFOR 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 SEED RAISED ON SAID LAND, OF WHICH LESSEE 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, 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 �J ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO- THIRDS OF SUCH x %C CHAULING EXPENSE, BUT THAT LESSEE SHALL BEAR THE EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE CITY THAT SUCH CROPS ARE BEING HARVESTED. (S) IN ADDITION THERETO, LESSEE AGREES TO PAY THEREFOR AS RENTAL A YEARLY CASH BONUS PER ACRE OFFS • ' .110 DOLLARS BEING A TOTAL YEARLY CASH BONUS OFOUJOMAW fo" Nw1M9 Ei4NTy- NIIK &wjWLARS ($1,4ft,88 PAY- ABLE IN ADVANCE AS FOLLOWS: WMNI TNL 9MCYT19% W TNt' UAOC. 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. 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 DESIGNATED BY HIM. 6. IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO SELL OR LEASE FOR A USE DIFFERENT FROM THE PRESENT USE, ALL OR ANY PART OF THE HEREIN LEASED LAND AT ANY TIME DURING THE TERM OF THIS LEASE. SHOULD THE PROPERTY BE SOLD OR LEASED BEFORE THE EXPIRATION DATE HEREOF AND THE PURCHASER OR 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. SHOULD IT BECOME NECESSARY FOR LESSEE TO VACATE IN CASE OF A SALE OR LEASE, THEN THE CITY SHALL PAY LESSEE FOR THE LAND OR PORTION THEREOF SO VACATED. THE FOLLOWING AMOUNTS TO -WIT: IF THE LAND HAS BEEN PLOWED AND PREPARED FOR A NEW CROP, BUT BEFORE THE CROP HAS SEEN PLANTED, THE ACTUAL EXPENSE OF WORKING THE ACREAGE VACATED PLUS $5.00 PER ACRE. IF AFTER THERE 18 A GROWING CROP, THEN THE AVERAGE RETURN ON AN ACREAGE BASIS THAT LIKE CROPS BRING ON UNSOLF LAND COVERED BY THIS LEASES OR IF NO UNSOLD LAND COVERED BY THIS LEASES OR IF NO UNSOLD LAND THEN ON SIMILAR LAND IN THE IMMEDIATE VICINITY. ANY PAYMENTS SO MADE SHALL BE IN PROPORTION TO THE TENANTFS SHARE OF THE CROP UNDER THIS LEASE, LESS HARVESTING COSTS. 7. THIS 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. S. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES BEING LEASED BY HIM. %. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY AND ITS APPURTENANCES, AND SUFFER NO WASTERS 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 CONDITIONS AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE ELEMENTS ONLY EXCEPTED. CGN8Taga; TO MEAN COTTirm AND puma NG UNDER COTTON ttTAl,114 ACCORD110 TO 6MRR11i NT REILnLAT1OK53&ND t:liTtt6lli ®BRIM STALKS. i 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 STATESI 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 MALTS 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 DESIjkNATED 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 CORRECTIONS 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 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 LEASES 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 ITS ITS AGENTS, OR ATTORNEY SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, TO RE -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 OBTAINp 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 GOODSy WARES, CHATTELS, IMPLEMENTS FIXTURES FURNITURE TOOLS, AND OTHER PERSONAL PROPERTY WHICH ARE HOT LOCATED 011 SAID PREMISES OR WHICII MAY DE PLACED ON SAID PREMISES By THE LESSEE# WHICH LIEN SHALL DE CUMULATIVE OF THE STATUTORY LICH CREATCD DY LAW AND C3 ADDITION THERETO. 15. LESSEE AGREES TO SAVE A:FD KEEP HARRLES3 THE CITY OF CORPUS CHRISTI, TEXAS (LC$50R), FROM ANY AND ALL CLAIMS Oil DAIIAICS OF ANY VATURC WHATSOEVER DJE TO ANY NEGLIUENCE OF LESSEE OR THEIR EMPLOYEE$ 111 TIME OFCRA- TION Or THE LEASED PREMISES. 16. THE CITY SHALL HAVE THE RIGHT AT ANY AHD ALL TIMCO OF INGRESS# EGRESS AUD rRLORCCU ON AF10 OVER SAID PREMISES FOR THE PURPOSE OF CO:IDUCT't;iG AHD CARRYING ON ANY 5USINCSQ tf.Cl UrZIT TO OTHER ACTIVITIES OF THE SAID CITY- 17- 1iOWEVER,a iT 16 EXPRESSLY Ot7DCRSTOOD AND AGREED UY THE PARTIES HERETO THAT THIS LEASE 13 SUBJECT TO THE LEASE ©ETW1 C18 TtiE U19ITrD STATES OF AMERICA, REPRESENTCO 9Y 'iHE CHIEF OF THC E}UF2EAU OF YARDS ANO DOCKS, ACTING UNDER DIRECTION OF THE SECRETARY OF THE WAVY. AND THE CITY OF CORPU5 CHRISTI# PERPPITTING THE USE OF UNITED STATES NAVAL AUXILIARY AIR STATIO", CUDDIHY FIELD, CORPUS CHRISTI* TEX,;Sy OR A PORTION THEREOF AI3O THIS LGASC 13 C011- TINGENT ON SUCH LEASE FROM THE GOVERNMENT AND THE TERMS THEREOF, AID ALL RIGHTS OF THC LC &$EE OGRE E3 AnC S00jrCT TO THE TERMS, OF SAID LLASC FROM THE UNITED $TATCS GOVERNMENT, AND IT 15 FURT„ER AGREEO THAT THE LESSOR OS NOT TO RC LIAGLC 14 AHY MAHNCR, FOR DAMAGF1 OF ANY 11ATURE, FOR A14Y TCRMINATION OF THIS LEASE OR ANY CHANGES OF THE RIGHTS OF THIS LESSEE; DY VIRTUE OF ANY ACTi011 TAKCU UY T1IE UHITEO STATES OF AMERICA OR THEIR AOEIITS UNDER AFORESAID LEASE. AND IN THE EVENT FOR ANY REASON SAID L1:A3E cETWCEN THE UNITED STATES CF AMERICA AWD THE CITY OF CORPSE CHRISTI 13 TERMINATED IN ANY 1 -0Af1NER OR IN T115 EVENT SAID LEASED PRO41GES ARE TURNED QACK OVER TO THE UNITED STATES Of AMERICA UY THC ,CITY OF CORPUS CHRISTI,.THEN TU13 LLA5C 1; TO TERMINATE AS OETWLCO THE PARTIES HERETO AND TH£ LESSON CITY OF CORPUS CHRISTI 18 NOT LIAULE IN ANY MANIICR FOR VAMAOES OF ANY NATURE FOR SUCH TERMINATION OF THIS LEASE DY ViRTUC OF THE TERomAT1011 OF THE LEASE UFTWEEN THE CITY AND THE UNITED STATES OF AMERICA OR DY VIRTUE OF THE SURRENDER OF THE LEASED PREMISES TO TOE UNITED STATES OF ,'NCRICA "Y THE CITY OF CORPUS CHRISTI. -5 , r • WfMA Tilt LX"Ia1490 *&OMW rk SUM It "t 401440"4# "" #W W'4g l to tb 11R 14590" As Ax 401MM # Tom "K _, ShY W A'ii£, Ts xpmmm AS To Lea& frow THIS CITY Jt1 YOAkYY CSrx t!t CORPUS CHRISTI, TEXAS " )-q , 19Lf TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPE TFULLY, MAYOR THE CITY OF CDR S HRISTI, T XAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNK PATRICK J. DONNE R. A. HUMBLE GAGE j. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART'^'`► - JOSEPH B. DUNN PATRICK J. DONNE R. A. HUMBLE GABE q LOZANO, SR. - -J