HomeMy WebLinkAbout13077 ORD - 03/17/1976JKH:hb:3 /3/76:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH Mr. John 'Bean, DBA John 'Bean'Pier "
CONCERNING USE OF TRACT' '13 OF THE COASTAL.PUBLIC
LANDS, BEING SITUATED ON THE— tracoastal Canal
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 SUBSTANTIALLY THE SAME FORM ATTACHED HERE-
TO, MARRED EXHIBIT 'W', 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. John Bean, DBA John Bean Pier
concerning use of Tract '.1! of the Coastal Public Lands, being situated
on the Southeast side of the Intracoastal Canal 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.
1-307°7
•
THE STATE OF TEXAS
COUNTY OF NUECES
AGREEMENT
II
KNOW ALL MEN BY THESE PRESENTS:
II
•
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 John Bean, d/b /a John Bean Pier, 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 John Bean, d/b /a John Bean Pier, 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 13 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.
ra;T "a"
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, acid /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 One Thousand Nine Hundred Forty
Four and No /100 ($1,944.00) 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.
S. 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
-3-
maintain regular garbage collection services, using either the
servdces 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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.. 0 0
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
-5-
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
By
11. Marvin Townsend, City Manager
OPERATOR
By &.�-/ J ean, d/b /a ohn ean Pier
APPROVED:
day of
City Attorney
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REVISED MAY /a, /975'
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TRACT N0. 13
A tract of land and /or water being on the Southeast side of the
Intracoastal Canal crossing on Padre Island Causeway, and being
more particularly described as follows:
Beginning at a point which is the center line of the Padre Island
Causeway Right -of -Way and the center of Trestle "B ", being also the
center line of said Intracoastal Canal;
Thence S. 640 03' E. along the center line of the Padre Island
Causeway Right -of -Way, a distance of 200 feet to a point;
Thence S. 250 57' W. a distance of 800 feet to a point which
is the most Northerly corner of Tract No. 13;
Thence S. 640 03' E, a distance of 300 feet to the most Easterly
corner of this tract;
Thence S. 250 57' W. a distance of 500 feet to the most Southerly
corner of this tract;
Thence N. 640 03' W. a distance of 300 feet to the most Westerly
corner of this tract;
Thence N. 250 57' E. a distance of 500 feet to the most Northerly
corner and place of beginning;
Containing 3.444 acres or land and /or water, more or less.
" -- ,` iiECcl4tU
• COAS'YAL PUi3LIC LAUDS LEASE 110_ L -1000
STATE OF TEXAS X
COUNTY OF 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 made 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, 58(a) (1)•and
98 (b) (4) _
The term of this lease is five (5) years from the date hereof.
Either party hereto may terminate this lease by giping•notice
to the other party of intent to do so at least one year in advance
of "L-he date of termination.
For and in consideration of the covenants herein contiined
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 Codstal Public Lands described as Tract No_ 1
Tract No. 2, and Tract No. 3 on Exhibit A attached-hereto' and made
part of this Lease Agreement.
The Coastal Public Lands contemplated by this lease are express.
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.
Lime during the term hereof.
For and in consideration of this lease, LESSEE. hereby covenantf..
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 sane
falls on a Sunday or legal holiday, and every ninetieth day there-
after unLil the termination of this agreer!ent, thirty -three and one -
third pa-r cent (33- 1/311) of the gross revenues derived by LESS , fro
and paid to it by virtue of contracts or franchise agreements entett,
into by LESSEE to promote public recreation upon the herc"in1> =.fore
described Coastal Public Lands.
/' A // 6
It .it: furtlux uridar!:tood and agreed that- tv:er,ty -five per cent:
(7.51*:) o1 the said gross revenues shall be placed in an interest-
drawing special .account by LESSEE, consistent %-rith the laws of the
State, for the purpose of future appropriation by LESSER for
planning, engineoring 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 befote
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 accomit of any injury;
1
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 nade against LESSOR by reason of or in zny way
arising out of any defect or imperfection in any building,_ pier,
wharf, sidewalk, driveway, street, or -any other structure in or
upon tine Coastal Public lands leased hereby_
EXEC0'TED in duplicate originals this the _ day of
� c r
1974-
ATTEST:
v�ll ct/�•� �a..r.�J
Secretary of the :school Land Board
SCHOOL LAND BOARD OF THE
STATES OF TEXAS
Bon 7lrmstrong,
Chairman
1
• ATTEST:
ji:Cl V _ �2:c� �a� d
APPROVED:
j.
Junes R_
Riggs '
�j
ity Attorney
THE STATE OF TEXAS X
COUNTY OF TRAVIS X
CITY OF CORPUS 61RIST1 0
By
P.Mar_vi send
City Manager
UY G `Tr 7-
BEFORE ME, the 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 .
to me that he executed the same as the ac's and deed of said Schoc
Land Board of the State of Texas for the purposes and consideratic
therein er_pressed and in the capacity therein_ stated_
GIVtP,N UNDER MY HAND AND SE_U OF OFFICE, this the �� day
of iSli'. � i1 iL% , 1974 .„t,..
0.
s �•� Notary Public in and for
�', ✓�1a ? ti ` TRAVIS COiINTY, TEXAS
THE STATE OF TEXAS
niuu:u
COUNTY OF N'UECES X
DEFORE ME, the undersigned authority, on this day personally
appeared R. IiIRVIN TOW'NSEND, City i:anager 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
ins,.ru -ment, 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 UND1:R HY IVND AND SELL OF OFFICE, this the ( C -- day
of (C(.<_- t.-G._- , 1974-
to
..': l:: )! L:.1L
Notary Public in and for
NUECES COUNTY, TEXAS
C E R T I F I C A T E
I, H. E. White, Secretary of the School Land Board
of the State of Texas, do hereby certify that• at a meeting
of the School Land Board duly held on the lothday of
July 1974, the foregoing instruzient was
presented to and approved by said Board under the provisions
of Article 5382c, VcS', all of which, is set forth in the Minutes
of the Board of which I'am custodian.
IN TESi'IMONY 11HEREOF, witness my hand 'this. the .25th
day of October 1974.
Secretary' o.` the School. Land soarn - —
A PFSOLUTIOV
EXPRsSSINC T:1:. CO`:CFMI OF TI1Z CITY COUICLT OF COR?US
CUZISTI TO D-TROVE MM IftINTAIN T1ir. 1Ti1 1CT11' "LSS
%uiD /LST M
. 11Nj XYS TO TllE
CITY, SUCH AS HIGUMNYS 77, 101, -1.11. 37, s.ii. 44,
CP;P2LLI P_ANCE RM, 1-MBER R0.\D P3GD OLD $RG :TSSVILDE
ROAD; !L \-D =-, Ti "- r� E<F7,ESS1D%G MAT T IS CO'%Cu21 BE
TAKEN AS A 5T-- =LMNT- OF GEAl:RAL POLICY TO CI U:-
GUIDA "-CE AND DIRECTION TO TIM °I 1`^ u3G CO3- MISSION MND
0MER ADVISORY BOA-PUS M -1=-A DELiBcR_"TiONS; AtvO
DECLIRI'iiG AN E'iEMENCY.
j;gn.REAS, the City Council of tha City of Corpus Christi, Te=as,
desires to i=rova and maintain the attractiveness aid aesthetics of various
entranceways to the City, such as 8ighiays 77 and 101, I.-H. 37, s.u. 44,
Carp=. m Bch Poad, Weber Road and. Old Brownsville Road; and
j„m.-MAS, the City Council desires that this concern be, taken. as
a statement of general policy to give guidance and directions to the 2'lrmning
Comnission and other advisory boards in their deliberat iors:
VOW, TI;rP.5F0, BE. IT PESOL'Tr7 BY THE
CITY COUNCIL OF TEE CIiY OF
CORPUS CIMSTI, E-kS:
sECTIOV 1. That the City of Christi hereby --presses a-ts
desire to i,prove and maintain the attractiveness and aesthetics of the
various eatz.z= ces:ays to the City.
gECLIO� 2. That the City Council further expresses its desire that
guidance and
this concern be taken as a statc.ent of general policy to gived^
dizectica to the Planning Coa'ission and other advisory boards in their
deliberations.
SECTION 3. The necessity to inprovs and• —i-t-in. tha attr ctive =es
of the various entranceways to the City creates a public emergency ar_d E-
inpezative public necessity requiring the suspaasion of the Charter rule
that no ordinance or resolution shall be passed finnlly on the date of its
introduction but tb t such ordinance or resoluti.oa shall be read ` ` t`aa
and the :'�' ar having declared sum's
several meetings of the City Council, -i
e-ergency ar_d necessity to exist, oral having requested th' suspaasica Of
_U
the o�. dale
the Charter rule and that this resolution be pass—L. • f- y t'--e a of
r
:� �! % G �113
Its introduction ---!d ta_.e effect and be in full force acd effect fro3 and
after its 'passage, IT IS ACCORDINGLY SO RESOLITD, this the day of
Iyovenber, 1973.
ATTEST:
City•Secret
e. MAYOR
I/ THE Cliff Off COUPS CARISTI, TEXAS
1pa OF I' VEdBER, 1973:
•
TO THE PE1-MEP,S OF THE CITY COUNCIL
Corpus Christi, Texas
Corpus Christi, Texas •
day of . Is 7�
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 an 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
e t.
The above ordinance was passed
by the following vote:
Jason Luby
James T_ Acuff
Cuw
Rev. Harold T. Branch
G
Thomas V. Gonzales
Ricardo Gonzalez
C'6f
Gabe Lozano, Sr.
( r
J. Howard Stark
THAT THE FOREGOING ORDINANCE AS READ FOR �TH�E FI� 6T TIME AND PASSED
TO ITS SECOND READING ON THIS TNE�DAY OF� 19l BY THE
FOLLOWING VOTE: �f-�f�
JASON LUBY
7P. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDINANCE WAS R FFO..HE SECOND TIME ANq PASSED
TO ITS THIRD READING ON THIS THE Li M DAT OF 19 BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDI
FINALLY ON THIS THE /7= DAY 0
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, THI
THIRD TIME AND PASSED
x BY THE FOLLOWING VOTE:
l 1
ATTEST:
CITY SECRETARY MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
AP VED:
DAY OF 191:
CITY ATTORNEY