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Home My WebLink About10051 ORD - 12/23/1970BJW :12/16/7o — 0 AN ORDINANCE AUTHORIZING AND APPROVING AN ASSIGNMENT OF A PORTION OF THE AREA AND SPACE BY DYNETERIA, INC. TO ROY W. BEENE FOR PURPOSES OF THE OPERATION, DISPENSING AND SALE OF BEER FOR ON- PREMISES CONSUMPTION, UNDER AND SUBJECT TO THE LEASE OF SPACE, FIXTURES AND FACILITIES, CORPUS CHRISTI INTERNATIONAL AIRPORT BUILDING, BY THE CITY OF CORPUS CHRISTI TO DYNETERIA, INC., DATED AUGUST 1, 1970; PROVIDING FOR PUBLICATION OF THE ORDI- NANCE AND THE DYNETERIA, INC. - ROY BEENE ASSIGNMENT OF LEASE, MARKED EXHIBIT "A ", AS PROVIDED BY LAW; AND PROVIDING FOR SEVERABILITY; 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO APPROVE AN ASSIGNMENT OF A PORTION OF THE AREA AND SPACE BY DYNETERIA, INC. TO ROY W. BEENE FOR PURPOSES OF THE OPERATION, DISPENSING AND SALE OF BEER • FOR ON- PREMISES CONSUMPTION, UNDER AND SUBJECT TO THE LEASE OF SPACE, FIXTURES AND FACILITIES, CORPUS CHRISTI INTERNATIONAL AIRPORT BUILDING, BY THE CITY OF CORPUS CHRISTI TO DYNETERIA, INC., DATED AUGUST 1, 1970, COPY OF SAID DYNETERIA, INC. - ROY W. BEENE ASSIGNMENT OF LEASE BEING ATTACHED HERETO, MARKED EXHIBIT "A ". SECTION 2. PUBLICATION OF THIS ORDINANCE AND THE AFORESAID ASSIGNMENT OF LEASE SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI. SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 14. THE NECESSITY TO IMMEDIATELY APPROVE AN ASSIGNMENT OF A PORTION OF THE AREA AND SPACE BY DYNETERIA, INC. TO ROY W. BEENE, FOR THE PURPOSES AFORESAID, AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, CREATES AN IMPERATIVE PUBLIC NECESSITY AND EMERGENCY 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE 1w 0051 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, THIS THE 23RD DAY OF DECEMBER, 1970. ATTEST: CITY SE70ETAt A . 11, U APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS DAY OF / DE IlER1 70: / '✓ C Y ATTORNEY • •' THE.STATE OF TEXAS S COUNTY OF NUECES § Whereas, Dyneteria, Inc. is the owner, as Lessee, of a lease from the City of Corpus Christi dated the 1st day of August, 1970, of the space and fixtures at the terminal building of the Corpus Christi International Airport; and Whereas, Lessee desires to lease a portion of said space for the retail sale of beer, and the said Dyneteria, Inc., herein called Assignor, has agreed to assign said lease for the area and portion of the premises hereinafter described on the terms herein provided: 1. This assignment of lease shall cover the following described premises: Beginning at a point 15 feet South of the edge of the top step at the restaurant entrance for the NE corner of the area hereby assigned and including an area 5 feet north and south and 15 feet east and west and counter space for placing a cash register, and the right of ingress and egress, all at the Airport restaurant in the Terminal Building at Corpus Christi International Airport in Corpus Christi, Nueces County, Texas. This Assignment, under which it is expressly understood and agreed that the gross sales of alcoholic beverages hereinafter provided shall be included in the calculation of the Dyneteria, Inc. rental payments to the City of Corpus Christi, shall be subject to the terms of the base lease of Corpus Christi International Airport facilities by the City of Corpus Christi to Dyneteria, Inc., of August 1, 1970, and as the same is further applicable thereto, and to which the Corpus Christi Bank & Trust Company appears as a party thereof. 2. This assignment shall be for the unexpired portion of the above mentioned lease which will expire on the 31st day of July, 1975. However, either party may terminate this lease by giving the other party sixty (60) days notice of intention to terminate. 3. Assignee, Roy W. Beene, agrees to pay a rental of Sixty and No /100 Dollars ($60.00) per week for the term of this lease, provided, however, the rental shall be subject to adjustment by agreement of the parties for each ninety -day (90) period of the term of this assignment. 4. Assignee shall have use without charge of the heating, lighting and air - conditioning facilities, and use of water. 5. Assignee shall have the right to serve customers of the Assignor but shall employ his own clerks and waiters for furnishing such service, pay their salaries and other expenses incidental to such employment. 6. Assignee shall keep accurate records of gross sales and all ex- penses and permit Lessor's examination of the same for the purpose of negotiating changes in amounts of rental. Assignee shall maintain accurate cash register records on a cash register unconnected with any sales made to the Airport restaurant. 7. Assignee shall maintain the premises in a sanitary condition and comply with all City ordinances and State laws pertaining to the sale of beer on the premises. WHEREOF, WITNESS OUR HANDS in duplicate this_W, 1�__day of December, 1970. DYNATERIA, INC. Assignor BY H. L. Edwards, General Manager and Assistant Vice - President Roy W. Beene, Assignee -2- THE STATE OF TEXAS COUNTY OF NUECES ze r r� C, 4F ,PRE ME, the undersigned authority, on this day personally appe�redr ,.�s, known tome to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Dynateria, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this then day of December, 1970. �*� f � ��uU Notary Public in and for Nueces County, Seal: Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Roy W. Beene, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of December, 1970. Notary Public in and for Nueces County, Seal: Texas .. _ t ; dtJ7yhv 4;T��G , n,�DUrrQUNllt v�wd ,..d . LIC i DA 1 '' _ .. ♦.A4r tl�tt.! KITCHEN 146 ' y � I,( t.1NE �r Rm.aiw SHORT ORD R 14� I1g8 tT011.�,: w TOIL. } + PuRuG 4I $ 148 t' -r , (' n.tv, 04 3a" PLYYA. 014 srue •NAIL gp6eP ut - m— -- -- - -- j I I PR'VATE DINING 'SPACE'144 DIN NO R OM 1 4 _ _ _ .-- - .... .__. WESTERN UNION 14JF CST ZO IG IN NZA1,7 x,:221 x,:221 �,K -- CNX.IZ Ti P ? El RR CHARLEST 1,j SjU,JR 10 149 P EST I\ITL AIAP,',FlT REST4uFA%17 0JkP:JS POWER OF ATTURNEY s IV I'G PEA ^31.zS 10% To SI Q,%l MY -%A, E Q>,' L I Ll; E AND H L EDWARCS GENERAL MAINIAGEq ASST VICE PRES. L, (235) T-(7 • • Corpus Christi, T day of , 19-7—c, .TO THE MEMBERS OF THE CrIY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. 4 Respectfully, Sa 3l0 THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts s Ronnie Sizemore The above ordinance was passed by the follow vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore