HomeMy WebLinkAbout13301 ORD - 07/28/1976JKH:hb:7 /28/76:1st
AN ORDINANCE
APPROVING ASSIGNMENT OF THE GRAHAM'S BAIT STAND
ON TRACT 3 OF THE COASTAL PUBLIC LANDS, SITUATED
ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND
CAUSEWAY,FROM F. J. GRAHAM TO R. E. LAMBERT, AS MORE
FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUB-
STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council by Ordinance No. 12673, passed and
approved on July 2, 1975, authorized execution of a bait stand lease with
F. J. Graham dba Graham's Bait Stand, situated on the Intracoastal Canal
Crossing on Padre Island Causeway; and
WHEREAS, in accordance with the terms of the aforesaid lease,
the said Lessor of the bait stand shall obtain written approval prior to
assigning the said lease; and
WHEREAS, the named Lessor desires to assign the lease granted
by Ordinance No. 12673, and the City is agreeable to the said assignment:
NOW, THEREFORE, 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 approve assignment of Graham's Bait Stand on Tract 3 of the Coastal
Public Lands, situated on the Intracoastal Canal Crossing on Padre Island
Causeway, being the same lease area authorized for bait stand lease by
Ordinance No. 12673, passed and approved by the City Council on July 2,
1975, said lease to be assigned by F. J. Graham to R. E. Lambert, all as
more fully set forth in the Assignment Agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to authorize approval of the aforesaid
assignment at the earliest practicable date 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
M1CROFILMLD,.
JUN 1 61980
13301
efQQftct from and ter its passage, IT IS ACCORDINGLY SO ORDAINED this the
Al- day of , 1976.
.a
ATTEST:
it Secretary — MAYO
^APPROVED:
o40 ' DAY OF
, 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
Bw
/ l /A(M , .�I 1�J�.
Assistant City Attrney
r
THE CITY OF CORPUS CHRISTI, S
ASSIGNMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City Council by Ordinance No. 12673, passed and
approved on July 2, 1975, authorized execution of a bait stand lease with
F. J. Graham dba Graham's Bait Stand, situated on the Intracoastal Canal
Crossing on Padre Island Causeway; and
WHEREAS, in accordance with the terms of the aforesaid lease,
the said Lessor of the bait stand shall obtain written approval prior to
assigning the said lease; and
WHEREAS, the named Lessor desires to assign the lease granted
by Ordinance No 12673, and the City is agreeable to the said assignment:
1. This assignment of lease shall cover the following described
tract or parcel:
TRACT NO. 3
A tract or parcel of land and /or water being on the Southwest
side of the Intracoastal. Canal Crossing on Padre Island
Causeway, and being more particularly described as follows:
Beginning at a point which is in the centerline of the
Padre Island Causeway right -of -way and the center of Trestle
"B ", being also the center line of said Intracoastal Canal;
Thence N. 64° 03' W. along the center line of the Padre
Island Causeway right- of-way a distance of 200 feet to a
point;
Thence S. 25° 57' W. a distance of 70 feet to a point which
is the most easterly corner of Tract No. 3;
Thence continuing S. 25° 57° W. a distance of 225 feet to
the most southerly corner of Tract No. 3;
Thence N. 64° 03' W. a distance of 300 feet to the most
westerly corner of Tract No. 3;.
Thence N. 25° 57' E. a distance of 225 feet to the most
northerly corner of Tract No. 3;
Thence S. 64° 03' E. a distance of 300 feet to the most
easterly and beginning corner of Tract No. 3 for a closure
of this tract;
Containing 1.55 acres of land and /or water, more or less.
2. Lessee, F. J. Graham, proposes to sell the building, improve-
ments, equipment and business situated on the aforesaid Tract No. 3 to R. E.
Lambert, Assignee, to become effective on or about August 1, 1976.
3. Assignee agrees to be bound to the terms of the lease between
City and Lessee Graham, dated July 18, 1975, a copy of which lease is attached
hereto and made a part hereof, marked Exhibit "A ".
This assignment shall be subject to the terms of the aforesaid
lease, shall be for the unexpired portion of the lease, which expires on
October 24, 1979, with the option to renew for five additional years if the
City obtains authority from the School Land ard to so extend the lease.
EXECUTED this the .2j day of • , 1976.
F. J. Graham
dba Graham's Bait Stand
ASSIGNOR AND LESSEE
R. E. Lambert
ASSIGNEE
APPROVED:
CITY OF CORPUS CHRISTI
ATTEST:
By
City Secretary
MOVED:
DAY OF
, 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
R. Marvin Townsend
City Manager
THE STATE OP TEAS
COUNTY Or NuECES
THIS AGREE.?E2T is made and entered into by and between the
1
AGrxEiT. T
ICNE./ ALL 12EL BY TEESE PRESENTS
City of Corpus Christi, Texas, a municipal corporation, hereafter re-
ferred to as City, pursuant to a Resolution authorizing this .pgreeaent,
and iir. P. J. Craha , IAA Cra`ven's Bait Stands hereinafter referred to
as Operator, and for such,
WITHES sET'
1. That in consideration of the .covenants herein contained oa
the part of Operator to be kept and perforried, City does b.areby grant - to
Hr. Y. J. Graham, MBA-Graham's Bait Stand, a aonmexc1usi4e franchise. for
the purpose of building and operating a bait. stand business to farther
public recreation in the Coastal Public Lands described as Tract" ' 3
- .on Exhibit "A" attached hereto and made a part of this agreemen.t.
2. This agreement is subject to all provisions of-Coastal
Public Lands Lease No. I- -1000, a copy of which is attached heeret6 as
E th bit ."R", and to all provisions of TEX, REV. CIV. STAT. ANN.-ART. 5435e -1.
- This agreement is subject to the approval of the TPxae 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 shaDi
have the option to renew this agreement for as additional_ five -year period
subject to.City successfully obtaining -the. authorization from the.State Of
Texas to so extend the agreement. -
4. Either party hereto may terminate this agreement by g wing
notice to the other patty of inten.t.to do so at least one.year in advance
of the date of ter ivatice. Both parties mutually agreeing may teyr+inate
this agreement at any time.
5_ The Coastal Public Lands contemplated by this agreement are
expressly subject to lease by the School Lanz! Board for the exploration
for and development of oil, gas; minerals, and/or other energy sources at
any time daarinn the term hereof_
tl
6_ City reserves the right to at any tire alter the boundat
of the premises and to designate access and utility easements within the
premises when necessary for public purposes and the comoa good, subject
to renegotiation of this agreement_
7. For and in consideration of this agreement, Operator hereby
covenants and agrees with raid to City that it will pay to City at Corpus
Christi, Texas, the amount of _ One Thousand an Eigttt�r
($1,080.OQ ) Dollars per year, or
one per cent of the gross sales and receipts for the year, whichever is
greater_ Payments shall be made by Operator for each calendar aoath in
the emoua.t of one- twelfth of the aonual'amouat due, anal said monthly pay-
ment shall be due on the 20th day of the following ==oath_ Operator agrees
to Submit a report to City, accompanying -the monthly payments for the
months of March, June, September, and December, of the'gross-sales and
- receipts for the preceding quarter. If Operator.shall knowi:egly furnish
-any Incorrect stattint of gross sales' and receipts, this will. constitute -
default on the part of Operator entitling City at its option to declare.'
this Agreement terminated. Any such report-which shall understate the
gross sales and receipts for any uLoeth by as -muds as ten, percent (10Z)
of the true amount thereof shall be conclusively deemed to have been
knowingly and falsely furnished by him, and City in. order to- exercise
its option of termination shall only be required.to establisb__such
falsity and shall not be required to establish_actuaL kanwledge on, the
part of Operator of such falsity_ Operator agrees that Operator's.cael
register and all records relating to Operator's business shall be.subject
to the eaarni,yation and audit by City at any time_ Operator. further agrees
to provide'copies of sales tax reports and income tax statements to City
within 30 days after.such reports and statements are filed-with the State
and Federal goveruinents. A reckoning slzall.be made at the end of each
calendar year, and Operator agrees to pay any additional.aao!mt owed City
within 30 days of billing by City_ Operator agrees that the amount to be
_paid nay be increased, at the option of City, at the end of calendar year
1977, and again at the end of each succeeding two -year period, by an
amount not to exceed twenty percent (207)_ The increase may be applied
to either the flat monthly rate or to the per cent of gross sales and
receipts, or to both, at the discretion of City_
8. Operator covenants that it will not assign this Agreer_ect
nor subcoatract the use of the whole or any part of said premises unless
it has first obtained the written permission of City..
9. Operator nay 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 improves Ynts ands
install all equipment in compliance with the City of Corpus Christi
Building Code, Electrical Code, Fire. Prevention Code, Pl,r+ing.Cods,
Zoning Ordinance, and all other applicable lar.Ts and ordinances_ It is
agreed and mderstood that all construction end repairs of bu ldoags
.and structures and equipment installation shall be at the ea-peese of
Operator. Buildings shall be painted.at intervals not to exceed two
years unie_ss Operator obtains a written waiver of this requitement-from
City.
10. Operator agrees to maintain sewage disposal-facilities'
ccnplsance with all applicable laws and regulations. Iu th s. connect-10a,
Operator agrees to obtain a written statement at least Duce Per year-from
the City of Corpus Christi -- Nueces County health Aepar .ent reporting the
conditions and acceptability of sewage disposal facilities, and to provides
a copy of said vritten.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 end to-procure regular
servicing in accordance with a schedule approved by City_ Operator - further
agrees to procure sanitary sewer services if said seriices-.becoae 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 am* debris onto
the ground, -or into the waters within or ir.s^ediately adjacent to the .premises:.
Operator further agrees to construct adequate dices around fuel storage
facilities or otherwise protect adjacent waters from contamination from
'potential spills of fua1.
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
snielRe solution No. 11768 by maintaining the premises so as to be clean
and having a pleasing appearance. Operator agrees to maintain regular
garbage collection services, and to prevent the accumulation or storage
on the premises of any abandoned motor vehicle or boat, ice box, refrigerator,
stove, glass, building material, rubbish or similar items. Lessee 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. Lessee agrees.to provide. its services -to the public aadl to
be open foi triuess according to the following.schs& 1e:
•]DH:J OF THE k'FE TIME 'EXCEPTIONS
.Sunday
?fonday
Tuesday=
Wednesday
Thursday
Friday
Saturday
6 :00 a.m. to
6 :00 a.m. to
6:00 a.m. to
6 :00 a.m. to
6:00 a.m. to
6:00 a.m_ to
6:00 a.m.. t
p -.zL
:00
:00 p_ra.
0 p.m.
Closed in Sad Reath:
Operator agrees to deviate from the foregoiLg- schedniu only.aftei' obta :tnipo-
written permission from City.
13_ • It is expressly tnderstood• that City shall -have the right to
•
enter the .premises at. re<sonahle hours to inspect. Facilities aid. of f. rw*se
determine Operator's.campliance With the Agreement_
14_ Operator agrees to post is a =suspicious place at every
location where merchandise is . sold, : or fees axe .to be ba ged, a schedule of
prices' tahich 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 prPn; sec shall be the seciu-ity fo-r-
•
prompt payments hereunder, and as a consideration for this Agreersrtt,
Operator agrees that all homestead exemptions be waived_ .It is understood
' and agreed that, in the e.veat-of default in the payment of any amount' due,
or in the failure of Operator to keep any of the covenants or agreements
herein, or upon the violation by Operator of any city ordinance or ot'ce_
].act in the carrying out of this Agreement, then and from thenceforth
this Agreement shall be terminated and the full amount due 'hereunder shall
become payable immediately. It is further understood and agreed that in
such event all buildings and improvements on the premises shall remain es
attached to the land zed be and become the property of City unless Operator,
within sixty days-from the date of re -entry by City shall pay all payments
- then in default at the date of re -entry to City; and 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 tine.
P
16. It is.further agreed,aa.d understood that City shall.not be
liable to Operator, or to any other parson 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.des-
- •Bribed, and to indemnify and. forever hold harmless City agala.st 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-oritperfection in any
.building, pier, wharf, sidewalk, driveway, street',-or any.other.structusa
In or upon the Coastal Public Tends hereinbefore.described.. Operator agrees
In this connection to carry public liability-insurance in tba 7ni,ii n+i s
0f-$100,000 for personal imjury and .$5,000 for property damage,' in a company
-or.companies'acceptahle to City, with a loss-payable clause ialring City as
.additional insured, and to maintain a copy of said insuzamce policy on file
with City. (;overage bf said insurance s'Jial l Include the entire premises
Including piers, wharfs, and any other water front'facilities:.
EXECUTED this the -day of' "V .ct -� Y , 19-75
CITY OF COMM =MI
=EST
APPROVED:
- Day of
1570
BY
R. Ma TownswoJ
City Manager
4m f
I F' �a E ti0it11 L
SY COMM. ._� � " 75".
SECRETARY
P. _'. Gra. zm
CITY
OPERATOR
7VISED MAY 2, 1975
TRACT NO. 3
A tract or parcel of land and /or water being cn the Southwest side
of the Intracoastal Canal Crossing on Padre Island Causeway, and
being more particularly described as fo11c1s:
•
BEGINNING at a point which is in the onterlire of the Padre Island
Causeway Right-of-Way and the center of Trestle "3 ", being also The
center line of said Intracoastal Canal
THENCE ft. 61° 03' W. along the center line of the Padre Island
Causeway Right-cf.-Way a distance of 200 feet to a point;
THENCE S. 25° 57' 14. a distance of 70 feet to a point which is
the most easterly corner of Tract .to. 3;
THENCE. continuing S. 25° 57' W. a distance of 225 feet to the
most southerly corner of Tract No_ 3;
THENCE M. 54° 03' !t. a distance of 3EC0 feet to the most westerly
corner of Tract No. 3;
'HENCE W. 25° 57 E. a distance of 225 feet to the most northerly
corner of Tract No 3;
11iENCE S. 64° 03' E. A distance of 300 feet to the most easterly
and beginning corner of Tract No. 3 for a closure of this tract;
CONTAINING 1.55 acres of land and /or water, more or less.
•
7 •f1 i•'. •
046 OW SR
• /2, D,h!Line,
1111011 IINI
4
4
//
A I'LSOYUiION
E- PR SSTG CONCERN 0e CITY COUNCIL OF CORPUS
CRRISTI TO 11?RO E .&VT,113 VAINT Ii1 in ATTi 4CTDMMESS
AI-1D P Sid_LLICS 0P .btu. Vt2I0US .c I"iRANCEi4 XS TO IDE
CITY, SUCH AS IiIGUAAYS 77, 181, I_1i_ 37, Sex_ 44,
CELMAN RANCH ROAD, Te E$ ROAD AND OLD TSR0iINSV777;E
ROAD; AND r:.u.icL:ti s f RESSD G THAT. TEIS CD':CEP I BE
.TA .4 AS A Sid! —iii'T OF GENERAL POLICY TO GIVE
CtTDA CE Ai D ]IEtECTION 0 i � Oki \':, ;iiG CO_-+'IISSION AND
0T .2 ADVISORY i30APDS 3 xa ;IR D LL ER TONS; /ND
DEC AR-U,C C CY_:
i E AS, the City Coicil of tha City of Corpus Christi, Texas,
- desires to end rai+ztair, the att`activeuess end aesthetics o£ vzzrio*V
. entr=r ways to the City, such as gb:ways 77 zd. 181, i.E_ 37, S «B_ 44,
Ob.ap ou It=ch. Road, Veber Rid areal old Brownsville Road; ?rA -
1 F Z, the City Council desires that this concern. be. takaT9 as
statement of general policy to give guidance and directions to the. P1"-^ -•,*+g
'Cc�^�� ••,az and. other advisory boards in their'elibexatlans° -
EMT,' s° LE.E0 , BE IT RESOi,1 1 BY TrE CITY COMM. 0E T. E Crq o
COR ITS
SECTION L That the City of Corpus Christi hereby- expresses its
de<sixe to prove and r?;vta n the attractiveness and aest4eties of the
varlous anti- =._.rays to eon City.
SxC�ION 2_- That the City Co cif further exirresses its desire that -
this concern be taken as a statement of general Policy to gi,,e g�z .ce and.
direc oa. to the P1-3 -. -r -ng Caz ssiou• and other advisory boards 1.n their
deliberations.
SECTION .3_ The 70.2.cessity to vet and the attractive
of the various ent mure.:ays to the City creates a public a_ereac3 ant
imperative public necess?ty requiring tea sU-p= .oa of the Char. ter role
that no ordinate or resolution. shall ha passed fi -='117. on- ti*_z date of its
introduction but. ti. t- such. ordinance or resolution s ;.231 -be read at th=en
several meetings of the City Council, and the llayor %axing d=clared suc
ergency and necessity- to exist, a�.d having requested t^_a suspension of -
the Charter •rule ecd _ that this resolution be t asszd finally on ti data of.
•
its introduction. and take effect and be is full force and effect frog and
after its Passage, 1T 15 ACCORDXEGLY SO RESOLVED, this the 7 dal of
Ttovenber,
8 1 1 E - .
City Secrete
JPP iQ3JEH:
tL , 1973:
4-44-44-
4AYOR - . . _
. THE Ciar dot CORPUS CHRISTI,. TEXAS
Corpus •Chris ti, Texas
7 day of 0�i-.1 L4.-/ , 19 7
TO THE MEMBERS OF THE ctrr COUKCI L
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 ordnance 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 ax the date it is -introduced,- or at the present meeting of the
City Council.. - - -
Respect-fully,
MAYOR - .
THE CITY OF CORPUS CHRISTI} TEXAS
The Charter rule -was suspezxdecl by the following. vote_
- Jason Luby
James T_ Acuff
Rev_ Harold T.. - Branch
Thomas V_ C- onzales
Bicerdn Gonzalez
Gabe Lozano, Sri
J_ Howard-Stark- 4'�.
The above- ordinance was passed by the following vote: .
Jason Luby
James -T. Acuff
Rev_ Harold is Branch -
.Thomas V_ . Gon7 �7.es,
Ricardo Gonzalez
Gabe Lozano, Sr_
.7_ Howard Stark
CORPUS CHRISTI, TEXAS
DAY OF
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; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT 15 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
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY TH FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
