HomeMy WebLinkAbout12288 ORD - 10/02/1974• JRR: VMR:10 -1 -714;1 ST
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT WITH THE SCHOOL LAND BOARD IN CONNECTION
WITH LEASING OF LAND FOR BAIT STANDS ON COASTAL
PUBLIC LANDS, AS MDRE FULLY SET FORTH IN THE LEASE
AGREEMENT, COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A "; AND
DECLARING AN EMERGENCY.
BE I� ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED
TO ENTER INTO A LEASE AGREEMENT WITH THE SCHOOL LAND BOARD IN CONNECTION
WITH LEASING OF LAND FOR BAIT STANDS ON COASTAL PUBLIC LANDS, AS MORE FULLY
SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A".
SECTION 2. THE NECESSITY TO AUTHORIZE WITHOUT DELAY THE ENTERING
INTO AN AGREEMENT WITH THE SCHOOL LAND BOARD FOR THE LEASING OF LAND FOR
BAIT STANDS ON COASTAL PUBLIC LANDS CREATES A PUBLIC EMERGENCY AND AN IM-
PERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT
NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION BUT 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 TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT yFROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
02 " DAY OF OCTOBER, 197+.
ATTEST:
CLT.YrSECRETAftY MAY
APPROVED: THE CITY OF CORPUS CHRISTI, tEXAS
2.J DAY OF OCTOBER, 19714:
C ATTORNEY
STATE OF TEXAS X
COUNTY OF TRAVIS X
The parties to this lease are the School Land Board of the
State of Texas, LESSOR, and the City of Corpus Christi, Nueces
County, Texas, LESSEE.
This lease is made under the authority of and for the pur-
poses set forth in the Coastal Public Lands Management Act of
1973, TEX. REV. CIV. STAT. ANN. art. 5415e -1, 98(a) (1) and
18(b) (4) .
The term of this lease is five (5) years from the date hereof.
Either party hereto may terminate this lease by giving notice
to the other party of intent to do so at least one year in advance
of the date of termination.
For and in consideration of the covenants herein contained
on the part of LESSEE to be kept and performed, LESSOR does hereby
lease unto LESSEE, subject to all provisions of TEX. REV. CIV. STAT.
ANN. art. 5415e -1, the Coastal Public Lands described as Tract No. 1,
Tract No. 2, and Tract No. 3 on Exhibit A attached hereto and made a
part of this Lease Agreement.
The Coastal Public Lands contemplated by this lease are expressly
subject to lease by the School Land Board for the exploration for and
development of oil, gas, minerals, and /or other energy sources at any
time during the term hereof.
For and in consideration of this lease, LESSEE hereby covenants
and agrees with and to LESSOR that it will during the term of the
lease pay to LESSOR at Austin, Texas, on the ninetieth day after
.the date hereof, or the next business day thereafter, if the same
falls on a Sunday or legal holiday, and every ninetieth day there-
after until the termination of this agreement, thirty -three and one -
third per cent (33 -1/30) of the gross revenues derived by LESSEE from
and paid to it by virtue of contracts or franchise agreements entered
into by LESSEE to promote public recreation upon the hereinbefore
described Coastal Public Lands.
It is further understood and agreed that twenty -five per cent
(25a) of the said gross revenues shall be placed in an interest-
drawing special account by LESSEE, consistent with the laws of the
State, for the purpose of future appropriation by LESSEE for
planning, engineering and constructing public recreational
facilities upon the hereinbefore described Coastal Public Lands;
provided, that upon termination of the lease, any funds remaining
in said special account, with accrued interest, will be remitted
to LESSOR; provided further, that plans, drawings and description
of any public recreational facilities funded out of said special
account, shall be submitted to LESSOR for LESSOR'S approval before
construction begins. It is further understood and agreed that all
books, records and ledgers kept by LESSEE relating to revenues
derived by virtue of contracts or franchise agreements entered
into by LESSEE to promote public recreation upon the hereinbefore
described Coastal Public Lands, shall be made available to LESSOR
upon request.
It is further agreed and understood that LESSOR shall not be
liable to LESSEE, or to any other person whatsoever, for any injury,
loss or damage to any person or property in or upon the Coastal
Public Lands hereinbefore described. LESSEE hereby consents and
agrees to assume all liability for or on account of any injury,
loss or damage above described, and to indemnify and forever hold
harmless LESSOR against each and every claim, demand or cause of
action that may be made against LESSOR by reason of or in any way
arising out of any defect or imperfection in any building, pier,
wharf, sidewalk, driveway, street, or any other structure in or
upon the Coastal Public lands leased hereby.
EXECUTED in duplicate originals this the day of
1974.
ATTEST:
SCHOOL LAND BOARD OF THE
STATE OF TEXAS
Secretary Bob Armstrong, Chairman
-2-
ATTEST: CITY OF CORPUS CHRISTI
By
Bill G. Read R. Marvin Townsend
City Manager
APPROVED:
4esR. Riggs Corney
THE STATE OF TEXAS X
COUNTY OF TRAVIS X
BEFORE ME, the undersigned authority, on this day personally
appeared BOB ARMSTRONG, Chairman of the School Land Board of the
State of Texas, known to me to be the person and officer whose
name is subscribed .to the foregoing instrument, and acknowledged
to me that he executed the same as the act and deed of said School
Land Board of the State of Texas for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of , 1974.
Notary Public in and for
TRAVIS COUNTY, TEXAS
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus
Christi, Texas, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
as the act and deed of said City of Corpus Christi for the
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of , 1974.
Notary Public in and for
NUECES COUNTY, TEXAS
-3-
EXHIBIT 'A
TIMCT 110. 1
Description for a 48.21 acre treat.,of land or water_
lying in Laguna 14adre and east 3 vest of the old
Humble Channel Bridge on the Padre Island Cauze-,ray
and being out of State Tracts 30 a_•d 31, said 43.21
acre tract being mare p.3+-ticL�!x1J described by metes
and bot,_ds as follows:
Begi=lug at a point in the centerline of 'said, Padre
Island Causeway at lgineer's Station 94 + 35.33, said
point being 5.61° 00' E., along the. centerline of said
Padre Island Causeway, 3659.75 feet fr— the west rain–
land of Laguna Madre;
'Thence id. 290 00' E., a distance of 525.0 feet to a
point in the noAacast right of way line of said Padre
Island Causeway for the host nor-therly corner of the
tract herein described; .
Thence 5.610 Co E., with the northeast ri& t of tray
line of said Padre Island Causeway, a distance 1641.34
feet to a point the p. C. of a curve to the right for a
corner of t?e tract herein described;
Thence in a southeasterly direction with the arc of a
circular surge to the right whose central angle is
Z0° 45' 35 ", whose radius is 2434.86 feet, an arc dis-
tance is 457.25 feet to a point for the most easterly
Corner of the tract herein described; '
.Thence S.390 45' 35" N., at 525 feet pars the center-
line of said Padre Island' Causeway at Engineer's Station..
314 + 35.33, in all a distance of 1050.0 feet to a point
for the cost souther3.31 corner of the tract herein described;
Thence in a northeasterly direction with the arc of 2
circular curve to the left whose central angle is 10° 45'
35 ", and whose radius is 1384.86 feet, ah arc distance of
260.07 feet to a point, the P.T. of said cur-,re for i.
corner of the tract herein described; .
Thence id. 61° 00' W., with the southwest right of way line
of said Padre Island Causeway, said line being 525.0 feet
southwest of and para11el to the centerline of said Padre
lslend Causeway, a distance. of 16!.1.34 feet to a point for
the most westerly corner of the tract herein described;
Thence 11. 290 00' E., a distance of 525.0 feet to the point
Of beginning.
Containing 43.21 acres of land or water ao.re or less
EXHIBIT A
TRACT 210. 2
Description for a 126.2 acres of land Ord /or water
lying east and west of the Intracoastal Canaal os the
Padre Island Causeway and being cut of State Tract
Ro. 51, said 126.2 acres of lac-1 and /o= water being
mare particularly described by metes —a, bounds as
follows:
'Beginning at a point in the centerline of Padre Island
Causeway at its intersection with the :rest or nainland
side of Laguna Madre at - ^gineer's Station 57 + 75.53;
Thence with the centerline of Padre Isl —d Causeway,
S. 610 00' E., 5301.09 -feat, the P.C. of a cur�7.e at
ingineer's Station 110 + 76.67; Thence still with the
centerline of said Padre Island Causeway and with the
arc of a circular curve to the right whose central angle '
is 30° 00' 04" and whose radius is 1909.86 feet, — are
distance of 1000.03 feet to a point, the of said
curve, at Figiseer's Station 120 + 64.65-(Ecu =tie- minus
12.05 feet) ; '_'hence S. 300 59' 56" E., still with the
centerline of said Padre Island Causew< a distance
of 6640.0 feet to a point, the P.C. of a c- rcj,'irr
curve at- Ragineer's Stet ion 187 + 04.87 rack = 186
77.21 forrsd;
Thence P1. 590 00' 04" E., a distance o° 525.O.feet to a
Point in the northeast right of way of said Padre Island
Causeway for the most northerly corner of the tract here
in.described;
Thence in a southeasterly direction v._th the northeast
-tight Of „-ay line of said Padre Island Causeway and with .
'the are of a circular curve to the left whose central
angle is 330 021 35 ", Md whose radius is 2339.79 feet,
an arc distance of 1349.38 feet to a point, the P.T.
of said curve for a corner of this tract;.••
Thence S. 64° 02' 31" Z. with-the northeast right of
nay line of said-Padre Island Cause ay, a list —cc of
3582.87 feet to a point for the most easterly corner .
of this tract;.
Thence S. 250 57' 29" W., at 525.0 feet pass the centerline
Of said Padre Island Causeway at Engineer's Station 239
+ 39.90, on the west edge of Trestle "C ", in all a distance
of 1050.0 feet to a point in the south-west right of way
line of said Padre Island Causeway for the most southerly
corner of the tract herein described;
Thence n. 640 02' 31" W., with the south-west right o'"w_1y
line o£ said Padre Island Causeway, a distance of 3582.87
feet to a point in the P.C. of a curve for a corner of the
-tract herein described;
Thence in a northwesterly direction with the south-wrest right
of way line of said Padre Island Causeway and with the --c
Of e. curare to the rig'hht whose central angle is 330 02' 35"
and whose radius is 3389.79 feet, an arc distance of 1954.93
feet to a point for the most westerly corner of this tract;
Thence 11. 590 00! 04" E., a distance of 525.0 feat to the
point of beginning.
Containing 126.2 acres of land more or less. �t
EXHIBIT A
TRACT i:0. 3
Description for c tract of land a=3 /or water lyir=
south of the Padre la id Causeway
1
Causeway) and cast of the Intracoastal Canal a^_d
being out of State Tract Iio_ 50 and 62, said tract o°
land of 1:0.57 acres being.r_o_a particu -1 --1I describe-1
by peter and bo,_ndr as follows:
Beginning at a point in the centerline of said PaL-e
Island Causeway at its intersection :.-it: tae west or
rai.nlaCd side of Laguna Madre at iag -eer's Station
57 + 75.58;
Thence with the _centerline of said Padre Isla = sw
d Caueay,
s. 61° 00' E., 5301.09 feet, the P.C. of a curve a
Engineer's Station 110 + 76.67; Thence stir with the
centerline of said Padre Island Causeway an3 with the
arc of a circu- s curve to the right Rhose•centrrl angle
is 300 00' 04", and whose radius is 1909.866 feet, an are
distance of 1000.03 feet to a point, the P.T. of said
curve, at Engineer's Station l20 + 64.65 (Eauatioa = 12.05
feet); Thence S. 30° 59' 56" E.,.still with tha ce_terli
of said Padre Island Causeway, a distance of 66140.0 feet to
a point, the P.C. of a circular curve at 1-ligineer's Station
187 + 04.87 -back = 186 + 77.21 for ard; Tcerce w;th the
Base line of said Padre Island Caus:-,Z in a sont_ess erly
direction with a circular curve to the left X=se central
angle is 33° 02' 35 ", and whose radius is 2361.79 feet, an
ere distance of 1652.16 feet to a point the P.T. of said
curve, at 1;ngineer's Station 203 + 57.03; ='aenee S. 640 02'
31" E., with the centerline of said Padre Island Causasay,
a distance of 1359.87 feet at Engineer's Station 217 + 16.90;
Thence S. 25° 57' 29" W., a distance Of 525.0 feet to a point
in the south-west right of way line of said P�_dr` Isla d
Causeway, for the most northerly and begin3ia3 corner of
the tract herein described;
'"hence S. 640 02' 31" E.. frith the southeast right of way
line of said Padre Island Causeway, a distance of 2223.0
feet to a point that is S. 250 57' 29" W., 525.0 feet from
the west edge of Trestle "C" for the most easterl;, comer of
.the tract herein described;
Thence S. 25° 57' 29" IT., a distance of 795.0 feet to a point
for the most southerly corner of the tract herein described;
Thence II: 640 02' 31" W., frith a line that is 1320.0 feet
southwest of and parallel to the centerline of said Padre
Island Causeway, a distance of 2223.0 feet to a point for the
most westerly corner of the tract herein described;
Thence W. 25° 57' 29" E., a distance of 795.0 feet to the
point of beginning.
Containing 40.57 acres of land rare or less.
N
Corpus Christi, Texas
day of , 19
TO THE MEMBERS OF THE CITY 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.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev.' Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark