HomeMy WebLinkAbout13072 ORD - 03/17/1976• JKH:hb:3 /3/76:1st •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH Mr. 'Floyd Beauregard,DBA Fisherman's Folly
CONCERNING USE OF TRACT "' 7 OF THE COASTAL PUBLIC
LANDS, BEING SITUATED ON THE Humble Channel
CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF
BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF
WHICH, IN SUBSTANTIAL Y THE SAME FORM ATTACHED HERE-
TO, MARKED EXHIBIT "A ", IS MADE A PART HEREOF.
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
to execute an agreement with Mr. Floyd Beauregard, DBA Fisherman's Folly
concerning use of Tract 7 of the Coastal Public Lands, being situated
on the Northeast side of the Humble Channel crossing on
Padre Island Causeway (John F. Kennedy Causeway), for purposes of operating
a bait stand business, all as more fully set forth in the agreement, a copy
of which, in substantially the form attached hereto, marked Exhibit "A ",
is made a part hereof.
13072
AGREEMENT
THE STATE OF TEXAS k
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT is made and entered into by and between the
City of Corpus Christi, Texas, a municipal corporation, hereinafter
referred to as City, pursuant to a Resolution authorizing this
Agreement, and Floyd Beauregard, d /b /a Fishermans Folly, hereinafter
referred to as Operator, and for such,
WITNESSETH:
1. That in consideration of the covenants herein contained on
the part of Operator to be kept and performed, City does hereby
grant to Floyd Beauregard, d /b /a Fishermans Folly, a non - exclusive
franchise for the purpose of building and operating a bait stand
business to further public recreation in the Coastal Public Lands
described as Tract -7 on Exhibit "A" attached hereto and made a
part of this Agreement.
2. This Agreement is subject to all provisions of Coastal Public
Lands Lease No. L -1000, a copy of which is attached hereto as Exhibit
"B", and to all provisions of TEX. REV. CIV. STAT. ANN. ART. 5415e -1.
This Agreement is subject to the approval of the Texas School Land
Board.
3. The term of this Agreement shall be for a period beginning
on the 61st day following the date of final adoption of the Ordinance
authorizing this Agreement and ending on October 24, 1979. Operator
shall have the option to renew this Agreement for an additional five -
year period subject to City successfully obtaining the authorization
from the State of Texas to so extend the Agreement.
4. The City may terminate this Agreement by giving notice to
the Operator of its intent to do so at least one year in advance of
the date of termination. Operator may terminate this Agreement by
giving notice to the City of its intent to do so at least thirty (30)
days in advance of the date of termination. Both parties mutually
agreeing may terminate this Agreement at any time.
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5. The Coastal Public Lands contemplated by this Agreement 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.
6. City reserves the right to at any time alter the boundaries
of the premises and to designate access and utility easements within
the premises when necessary for public purpose and the common good,
subject to renegotiation of this Agreement and provided further that
Operator will be compensated for any material destruction or taking'
of improvements as a result of boundary alteration.
7. For and in consideration of this Agreement, Operator hereby
covenants and agrees with and to City that it will pay to City at
Corpus Christi, Texas, the amount of Eight Hundred Sixty Four and
No /100 ($864.00) Dollars per year. Payments shall be made by Operator
for each calendar month in the amount of one - twelfth of the annual
amount due, and said monthly payments shall be due on the 20th day
of the following month. Operator agrees to submit to the City a true
and accurate copy of the State of Texas Quarterly Sales Tax Report
(Form , such forms to be furnished by the City) within 30 days
after such reports.are filed with the Governmental authority. City
and Operator agree that the method of calculating the amount to be
paid as lease payments hereunder, may be renegotiated at the option
of either party, at the end of the calendar year 1977, and again at
the end of each succeeding two -year period, but in no event will any
single increase in lease payments exceed twenty percent (20 %) of the
current lease payments.
8. Operator covenants that it will not assign this Agreement
nor subcontract the use of the whole or any part of said premises,
other than in the normal course of business, unless it has first
obtained the written permission of the City. It is agreed and under-
stood that temporary renting of boat stall, moorings, or yardage
constitutes the normal course of business of Operator, and does not
constitute subcontract or assignment of the leased premises.
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9. Operator may construct or demolish buildings and structures,
or extend and improve existing buildings and structures, provided
that Operator first obtains the written approval of City for each
specific project. Operator shall construct and repair all improvements
and install all equipment in compliance with the City of Corpus Christi
Building Code, Electrical Code, Fire Prevention Code, Plumbing Code,
Zoning Ordinance, and all other applicable laws and ordinances. It
is agreed and understood that all construction and repairs of buildings
and structures and equipment installation shall be at the expense of
Operator. Building previously painted, or made of a material requiring
painting, shall be painted at intervals not to exceed two (2) years,
unless Operator obtains written Waiver of this requirement from City.
10, Operator agrees to maintain sewage disposal facilities
in compliance with all applicable laws and regulations. In this
connection, Operator agrees to obtain a written statement at least
once per year from the City of Corpus Christi - Nueces County Health
Department reporting the conditions and acceptability of sewage
disposal facilities, and to provide a copy of said written statement
to City. In the event that existing septic tank facilities fail to
be approved, then Operator agrees to install holding tanks of a size
to be approved by City and to procure regular servicing in accordance
with a schedule approved by City. Operator further agrees to procure
sanitary sewer services if said services become available to the
premises, and to connect all toilet drains and other sewage lines
within ninety days after sanitary sewer service becomes available.
Operator agrees to prevent the unauthorized discharge of any sewage
or debris onto the ground, or into the waters within or immediately
adjacent to the premises. Operator further agrees to construct
adequate dikes around fuel storage facilities or otherwise protect
adjacent waters from contamination from potential spills of fuel.
11. A copy of City Council Resolution No. 11768 is attached
hereto as Exhibit "C ". Operator agrees to carry out the spirit and
intent of said Resolution No. 11768 by maintaining the premises so
as to be clean and have a pleasing appearance. Operator agrees to
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maintain regular garbage collection services, using either the
services of the City of Corpus Christi Sanitation Division, or the
services of a solid waste contractor holding a City of Corpus Christi
Solid Waste Permit; and to prevent the accumulation or storage on the
premises of any "abandoned" motor vehicle or boat, ice box, refriger-
ator, stove, glass, building material, rubbish or similar items.
Operator agrees to prevent the accumulation of any junk, trash, or
other debris in the waters within or immediately adjacent to the
shoreline of the premises.
12. Operator agrees to provide its services to the public and
to be open for business according to reasonable business hours con-
sistent with the business hours of other Operators in the immediate
area, current business demand and good practice.
13. It is expressly understood that City shall have the right
to enter the premises at reasonable hours to inspect facilities and
otherwise determine Operator's compliance with the Agreement.
14. Operator agrees to post in a conspicuous place at each
location where merchandise is sold, or fees are to be charged, the
price or cost of such merchandise or service, which are not in
excess of those charged under similar conditions elsewhere within
the City limits of the City of Corpus Christi.
15. All improvements on the premises shall be the security
for prompt payment of accrued lease payments hereunder, and as a
condition for this Agreement, Operator agrees that all homestead
exemptions be waived. It is understood and agreed that, in the
event of default in the payment of any amount due, or in failure
of the Operator to keep any of the covenants or agreements herein,
or upon the violation by Operator of any city ordinance or other
law in the carrying out of this Agreement, then, at the option of
the City, this Agreement shall terminate, provided however, that
the City shall have given written notice to the Operator of the
default claimed and Operator has not cured such default within thirty
(30) days of the giving of such notice. It is further understood
and agreed that in such event, all buildings and improvements on
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the premises shall remain as attached to the.land and be and become
the property of the City to secure payment of all unpaid, accrued
lease payments, but not otherwise, unless Operator, within 120 days
from the date of re -entry by the City shall pay all unpaid and
accrued lease payments then in default at the date of re -entry to
the City; and the City shall at once have all right of re -entry
upon said premises and possess, have and enjoy the same which it
would have upon the expiration of this Agreement by lapse of time.
16. It is further agreed and understood that City shall not be
liable to Operator, or to any other person whatsoever, for any injury,
loss or damage to any person or property in or upon the Coastal
Public Lands hereinabove described. Operator 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
City against each and every claim, demand or cause of action that may
be made against City by reason of or in any way arising out of any
defect or imperfection in any building, pier, wharf, sidewalk, drive-
way, street, or any other structure in or upon the Coastal Public
Lands hereinbefore described. Operator agrees in this connection to
carry public liability insurance in the minimum sum of $100,000 for
personal injury and $5,000 for property damage, in a company or
companies acceptable to City, with a loss payable clause making
City an additional insured, and to maintain a copy of said insurance
policy on file with City. Coverage of said insurance shall include
the entire premises including piers, wharfs, and any other waterfront
facilities.
17. It is further agreed and understood that in the event
of a constructive eviction due to natural disaster, act of God or
any other cause beyond the control of either party to this Agreement,
Operator's lease payments hereunder shall abate and cease until
Operator shall have substantially restored the lease premises to
a condition necessary to operate the business; provided Operator
begins such restoration timely and prosecutes such restoration with
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reasonable diligence, and provided further that in no event shall
lease payments abate for a period after each disaster aforesaid
of longer than 180 days.
EXECUTED this the day of _ , 1976.
ATTEST: CITY OF CORPUS CHRISTI
R. Ma vin Townsend, City Manager
OPERATOR
Floyd Beauregaf�d,-d /b /a
Fishermans Folly
APPROVED:
day of
City Attorney
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REVISED MAY 2, 1975
TRACT NO. 7
A tract or parcel of land /or water being on the Northeast side
of the Humble Channel Crossing on Padre Island Causeway, and
being more particularly described as follows:
BEGINNING at a point 96' in a Easterly direction S. 610 00' E.
from East end of bridge at Humble Channel and`:701, N. 290 00' E.
from the center line of the Causeway Right- of -Wayr, this point
being the most Westerly corner of said Tract 7;
THENCE N. 290 00' E. a distance of 150' to a point, said point
being the most Northerly comer of said Tract 7;
THENCE S. 610 00' E. a distance of 200' to a point, said point
being the most Easterly corner of said Tract 7;
THENCE S. 290 00' W. a distance of 180' to a point, said point
being the most Southerly corner of said Tract 7;
THENCE N. 610 00' W. a distance of 20' to a point:
THENCE N. 290 00' E. a distance of 30' to a point;
THENCE N. 610 00' W. a distance of 180' to a point, this being
the above mentioned most Westerly corner of said Tract 7, and
also the point of beginning.
CONTAINING 0.703 acres of land and /or water, more or less.
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• COAS'T'AL PUf;f IC LANDS LEASE 110. L -1000 (i"
STATE OP ''TEXAS X
COUNTY Or TRAVIS X
The parties to this lease arc the School Land Board of the
State of Texas, LESSOR, and the City of Corpus Christi, Nueces
County, Te):as, LESSEE.
This lease is nade under the authority of and for.the pur-
poses set forth in the Coastal Public Lands Management Act *of
1973, TEa_ REV. CIV. STAT. ANN. art. 5415e -1, §8(a) (1) and
58 (b) (�)
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, an& Tract Wo. 3 on Exhibit A attached- hereto and made i
part of this Lease Agreement.
The Coastal Public Lands contemplated by this lease are e).-pres:.
subject to lease by the School Land Board for the exploration for ai
development of oil, gas, minerals, and /or other energy sources at a.
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 of ter
the date hereof, or the next business day thereafter, if the sans
falls on it 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./3".;) of the gross revenues derived by LL'SSEL: fro
and paid to it by virtue of contracts or franchise agreements cnt�t�
into by LESSEE to promote public recreation upon the herclnu-z�Core
described Coastal Public Lands.
, A /A
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It _i.'-: further undorst:aod and agrced t1:at t,,.c.nty -five: per cent:
(751;.) of the t<aid gross revenues shall be placed in an interest-
draw_i!U special account by LESSEE, consistent s•:i•'th the laws of the
Statb, 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 re -mitted
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 Lards 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 bold
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 t1iis the.' day of
iJGf�ZiL_,
1974-
ATTEST:
Secretary of the School Land Board
SCHOOL LAND BOARD OF THE
STATE OF TEXAS
To-6 Armstrong,
ChairmtIn
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ATTEST:
APPROVED:
James R_
Riggs
ity <>ttorney
THE STATE OF TEXAS X
COINLTY OF TRAVIS X
0
CITY UP CORPUS CHRISTI
R- Marvin 'i'ownsen'd
City Manager
7 • ^e%
BEFORE HE, }he undersigned authority, on this day personally
appeared BOB ARMSTRONG, Chairman of 'the School Land Board of the
State of Te ;cas, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged'
that he executed the same as the act and deed of said Schoc
Land Board of the State of Texas for the purposes and consideratic
therein expressed and in the capacity therein stated.
GIVEN UmnuR MY HAND AND SEAL OF OFFICE, this the , day
/ ,
of P ��'2i• 1 r 1974 vl.:,
:Notary Public in and for
TRAVIS COUNTY, TEXAS
THE STATE OF TEXAS
p +uuuai`
COUNTY OF AUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared R. ti-ARVIN 1'OhFNSEND, 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 (':C.4 day
of CL'c._li.c 1974.
Notary Pub.Lic in and for
NUECES COUNTY, TEXAS
f., '....
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C E R T I F I C A T E
I, H. E. White, Secretary of ttv_ School Lard Board
of the State of Texas, do hereby certify that aL- a meeting
of the School Land Board duly held on the 15thday of
July 1974, the foregoing instru:ient was
presented to and approved by said Board under the provisions
of Article 5382c, VCS', all of whicIl is set forth in the Minutes
of the Board of which Tam custodian.
114 ^1ESTIMON.Z WHEREOF, witness my hand this. the .25th
day of October ,,1974.
1 a
Secretary' 0' the Schno]. Land Board —
A RESOLUTION
EXPUSSU C XI CONCEPUT OF 11EE CITY COL�CIL OF CO?tPUS
CHRISTI TO I:•r'iOVE AND t'1Ii]T_ +dN I T PEi ;t.SS
A::D A°_STi✓T-ICS OF TLiE V_lBI0U5 c.ITR11SC T :_lYS TO TILT
CITY, SUcq As IiIG9'ruaYS 77, 181, I.H. 37, S.R. 0,
Ciir ,\L1`i PV.;CH P.00, WEBER ROAD AND OLD BROrTtiSVILLE
ROAD; A-\T FL: , F;CP ?ZSSING T'UNT THIS CO':C_Z BE
TAKEN AS A SZ-=, M'T_ OF CEi. -RAL POLICY TO GIN:
CUL7? ":CE lL \D DL'ZrCTI02I TO TEL PI -L` ^� :G Co'.- DJISSION taND
OttER A -DVISO ?Y BOAP.DS M Tii IR DELIBERATIONS; AZND
DECLRIsG M! D EMENCY.
jIHEREAS, the City Council of the City of Corpus Christi, Texas,
desires to iwnmva and raintain the attractiveness and aesthetics of various
entranceways to the City, such as uighmays 77 and 181, I.H. 37, S.H. 44,
Chapman Ranch Road, Weber Road and, Old Bro-aosville Road; and
jjm-vs, the City Council desires that this concern be taken as
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a statement of general policy to give guidance and directions to the pla=ins
Co---issioA and other advisory boards in their delibera tions°
$OW, TIiLPFFORF, BE IT RESOLVED BY THE CITY COUNCIL OE TEE CITY OF
CORPUS CMSTI, iEgks:
SECTION 1. That thL, City of Corpus Christi hereby expresses its
desire to inpzove and raiataia the attractiveness and aesthetics of the
various eat�a c °•mays to the City.
SECTI0 -1 2. That the City Council further expresses its desire that
this concern be taken as a statement of general policy to give guidance and
dir_ctioa to the Planning Co=mission and other advisors boards is their
deliberations.
SECTION 3. The necessity to irprow_ and maintain the, attractive =es
of the various entranceways to the City creates a public e^-'- roeucy and as
imperative public necessity requiring the suspausi.oa of the Charter rule
that no ordinance .or resolution shall be passed fin =lly oa the date of its
introduction but tint such ordinance or resolutioa shall be read at tire=
several meetings of the City Council, and the IL-yor having declared suca
emergency and necessity to exist, and having reques*_ed tce susPeasi.cn OF
the Charter rule and that this resolution be z massed finally oa th ata of
e d
i f>;_3 CX Nib IT
its introduction end t--:e effect and be in full force aed effect fraa --ad
after its Passage, IT IS :000nDIi :CLY 50 RESOLVED, this the day of
November, 1973_
ATTEST:
City Secreta MAYOR
/ THE CITY Or CORPUS CFJRISTI, TMUS
APPK�grr.D:
Iti pa 05 Y VMMER, 1973:
CC:L �At orYey
• Corpus ChrlsLi, Texas_ .
:0.
[ day o£ ,NF L-Gi/ , 19 %..�
TO THE IEc HERS OF TH. 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 dale 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 C(`1
Ricardo Gonzalez _
Gabe Lozano, Sr. - -JG
J. Howard Stark ^(�
The above ordinance was passed by the following vote:
Jason Luby
.lames T_ Acuff � t
Rev. Harold T. Branch ' !i-
Thomas V. Gonzales
Ricardo Gonzalez
l
Gabe Lozano, Sr.
J. Howard Stark I ZA
n
LJ
THAT THE FOREGOING ORDINANCE WAS READ FOK THE FIRS TIME AND PASSED
TO ITS SECOND READING ON THIS THE -*'-/—DAY OF �9x BY THE
FOLLOWING VOTE:
JASON LUST
7P. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
TMAT THE FOREGOING ORDINAKU WAS AD FO THE SE 0ND TIME A�1O PASSED
TO ITS THIRD READING ON THIS THE �utt�DAY OF ./ /� /!
FOLLOWING VOTE: lBY THE
19
JASON Luer
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BDB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGSIQ ORDINAN WAS R AD OR THE T IRD TIME AND PASSED
FINALLY ON THIS THE,L�DAY OF 19 BY THE FOLLOWING VOTE:
JASON Luer
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, TOO 13 THE,ZL_DAY OF
ATTEST:
CI SECRET NY MAYOR
THE CITY OF CORPUS CHRISTI, EXAS
APJ 0VED:
J DAY OF 9&
jotfliV C41TY AMRNEY