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HomeMy WebLinkAbout13181 ORD - 05/12/1976• JKH:hb:5/12/76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SCHOOL LAND BOARD OF THE STATE OF TEXAS IN CONNECTION WITH THE CONSTRUCTION OF THE CORPUS CHRISTI BEACH RESTORATION PROJECT, A SUB- STANTIAL COPY OF 14HICH LEASE AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING $23,212.90 OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4136, CODE 332, FOR THE LEASE AFORESAID; 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 to execute a lease agreement with the School Land Board of the State of Texas in connection with the construction of the Corpus Christi Beach Restoration Project, a substantial copy of which lease agreement is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. That there is hereby appropriated and reappropri- ated the sum of $23,212.90 out of the No. 102 General Fund, Activity 4136, Code 332, for and in consideration of the lease granted to the City by the said School Land Board. SECTION 3. The necessity to authorize execution of the afore- said lease agreement and to provide the necessary consideration set forth therein in order that the Corpus Christi Beach Restoration Project may proceed without delay 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 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the �v2 day of , 1976. ATTEST: C y Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: p� A DAY OF_ �, 1976: !rIl L'R�FjL/y%ED J. BRPCE AYCOCK, C By JUN 980 Assistant City Attorney 1318 1 • 0 COASTAL PUBLIC LANDS LEASE, NO. • . STATE OF TEXAS X COUNTY OF TP.AVIS 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 purposes set forth in the Coastal Public Lands Management Act of 1973, TEX. REV. CIV. STAT. ANN. art. 5415e -1, 58(a) (1) and 58(b) (4). 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, Section 8, the Coastal Public Lands described below and designated as Tract No. 1, Tract No. 2 and Tract No. 3, hereinafter referred to as "the property." The term of this lease is fifty (50) years from the date of execution thereof. LESSOR, may terminate this lease at any time prior to expiration of the term that the LESSEE`S use of Tract 1 as a public beach as authorized herein is abandoned by'LESSEE. Restriction of public access, closure, or non -use by the public of all or any portion of the property because of repair, renovation, construction, storm damage, hazards to health or welfare, or similar causes shall not be construed as abandonment by LESSEE. This lease is for recreational uses and related parking purposes only. The City of Corpus Christi, Texas, a home rule city, desires to restore and maintain a recreation beach on the property, commonly known as Corpus Christi Beach, and intends to accomplish this purpose acting in conjunction with the United States Corps of Engineers, and other agents and contractors, and as a result of a survey and report made by the United States Corps of Engineers, such restoration has been found and deemed to be feasible, and the project has received Congressional authorization. In furtherance and in aid of the above objective there is hereby granted to the City of Corpus Christi, their agents and contractors, the right to conduct dredg- ing, filling, excavation, and all necessary operations on the property for the sole purpose of constructing and maintaining the beach. "The property" to which this lease is granted shall be described as follows: TRACT 1 BEGINNING at the northwest corner of the intersection of Woodrow Avenue and North Shoreline Boulevard, such point also being the southeast corner of Lot 1, Block 387, Brooklyn Addition and such place being the point of beginning; THENCE, in a northerly direction along the west right -of -way line of North Shoreline Boulevard for a distance of 103 feet to a point, such point being the most northwest corner of this tract; n #� 4iT "A • • THENCE, in an easterly direction perpendicular to the west right - of -way line of North Shoreline Boulevard for a distance of 700 feet to a point for corner; THENCE, in a southerly direction parallel with and 700 feet east of the west right -of -way line of North Shoreline Boulevard for a distance of 7,553 feet to a point for corner, such point also being on the north breakwater barriers; THENCE, in a westerly direction along the north breakwater to a point, such point being 200 feet east of the west right -of -way line of North Shoreline Boulevard to a point for corner; THENCE, in a northerly direction parallel with and 200 feet east of the west right -of -way line of North Shoreline Boulevard for a distance of 250 feet to a point for corner; THENCE, in a westerly direction and perpendicular to the west right -of -way line of North Shoreline Boulevard to a point on the west right -of -way line of North Shoreline Boulevard to a point for corner; THENCE, in a northerly direction along the west right -of -way line of North Shoreline Boulevard for a distance of 7,092 feet to the place of beginning. TRACT 2 - Proposed Borrow Area BEGINNING at the northwest corner of the intersection of Woodrow Avenue and North Shoreline Boulevard such point also being the south- east corner of Lot 1, Block 387, Brooklyn Addition, thence projecting east from that point 1,025 feet to a point for corner; THENCE, north 225 feet to a point for corner, such point being the place of beginning of the proposed borrow area; THENCE, east 2,000 feet to a point for corner; THENCE, north 700 feet to a point for corner; THENCE, west 2,000 feet to a point for corner; THENCE, south 700 feet to the place of beginning; all such area is submerged land in Corpus Christi Bay. TRACT 3 - Alternate Borrow Area BEGINNING at the northwest corner of the intersection of Woodrow Avenue and Gulf Breeze Boulevard such point also being the southeast corner of Lot 1, Block 388, Brooklyn Addition, such point being approximately 250 feet east of the old Southern Pacific Railroad right -of -way, thence extending in a northerly direction from such point for a distance of 4,000 feet parallel with and 250 feet east of the abandoned Southern Pacific Railroad trestle to a point for corner; THENCE, continuing in a northerly direction parallel with and 250 feet east of the abandoned Southern Pacific Railroad trestle for a distance of 4,500 feet to a point for corner; THENCE, in an easterly direction perpendicular to the abandoned Southern Pacific Railroad trestle for a distance of 300 feet to a point for corner; -2- THENCE, in a southerly direction parallel with and 550 feet cast of the abandoned Southern Pacific Railroad trestle for a distance of 4,500 feet to a point for corner; THENCE, in a westerly direction perpendicular with the abandoned Southern Pacific Railroad trestle for a distance of 300 feet to the place of beginning. 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 granted to the City of Corpus Christi by the School Land Board, the City agrees to pay the School Land Board Eighteen Thousand, Three Hundred Twelve and 90/100 Dollars ($18,312.90) for the first year of this lease and One Hundred Dollars ($100.00) per year for the remaining forty - nine (49) years of this lease, for a total consideration of Twenty -Three Thousand, Two Hundred Twelve and 90 /100 Dollars ($23,212.90), which total sum shall be paid to LESSOR within thirty (30) days of the date of execution hereof. In the event of termination of this lease before expiration of the term, for any reason, LESSOR sball refund to LESSEE any rents allocable to the unexpired term. In addition, 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 thereafter until the termina- tion of this agreement, sixty -six and two- thirds per cent (66 -2/3L) 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 hereinbefoie described Coastal Public Lands. 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 herein - before described Coastal Public Lands, shall be made available to LESSOR upon request. The LESSOR hereby reserves the right to approve the issuance of and terms and conditions of any franchise agreement or concession on the herein described tracts entered into after the date hereof, and the LESSOR does not waive any authority -3- pertaining to any e- :fisting private, or commercial uses occurring on the herein described tracts. The School Land Board further reserves the right to issue dredged material. disposal and right -of -way easements over the borrow areas described herein as Tract No. 2 and Tract No. 3 at such time as the City of Corpus Christi has com- pleted its use of said areas for borrow areas. 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 property hereinbefore described. LESSEE hereby consents and agrees to indemnify and forever hold harmless LESSOR against each and every claim, demand, or cause of action for damages to persons or property that may be made against LESSOR by reason of or in any way arising out of any activity author- ized by this lease. This lease shall be void and all sums paid by LESSEE to LESSOR shall be refunded to LESSEE in the event that it is determined by Opinion of the Attorney General of Texas or by final Order of a Court that LESSEE has valid title to the property or right of use of the property for beach purposes by grant of Legislature or from any other source. However, in the event that such Opinion or Order does not render this lease void but necessitates or makes desirable amendments to this lease, either party may demand within ninety (90) days of such Opinion or Order that this lease be amended to conform to such Opinion or Order, provided that the total con- sideration for such amended lease shall not exceed the total consideration specified herein plus sixty -sir, and two- thirds per cent (66 -2/3%) of franchise revenues as described herein. EXECUTED in duplicate originals this the ATTEST Secretary of the School Land Board -4- day of , 1976. SCHOOL LAND BOARD OF THE STATE OF TEXAS Bob Armstrong, Chairman • 1. ATTEST: Bill G. Read, City Secretary APP ?.OLED: J. Bruce Aycock, City attorney THE STATE OF TEXAS X COUNTY OF TRAVIS X CITY OF CORPUS CHRISTI R. Marvin Townsend, City Manager BEFORE ME, the undersigned authority, on this day personally appeared BOB AR.ISTP.CNG, 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 instru- ment, 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. GIVE`; UNDER ';f EL "D AID SEAL Or OFFICE, this the day of 1976. Notary Public in and for TRAVIS COUNTY, TEXAS THE STATE OF TEXAS � COLITF OF t:UECES BEFORE NB, the undersigned authority, on this day personally appeared R. ?LLRVI`: TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to re 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. GIVE`: UNDER M] UA \D AND SEAL OF OFFICE# this the day of , 1976. Notary Public in and for NUECES COUNTY, TEXAS -5- CITY OF CORPUS CHRISTI, TMAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 12, 1976 I certify to the City Council that $ 23,212.90 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name --- ----- -"- --- Project No. Activity 4136, Code 332 Project Name Corpus Christi Beach Restoration lease from School band Board from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Di ector of F• nce s��a�yb a FIN 2 -55 Revised 7/31/69 CORPUS -�CHRISTI, TEXAS AY A? Ay TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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. RESPECTFULLY1 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Boa GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE VOTE: