HomeMy WebLinkAbout13393 ORD - 09/15/1976JKR:hb :9 /15/76
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
TO THE SCHOOL LAND BOARD FOR A LEASE OF 0.401 ACRES OF
COASTAL PUBLIC LANDS AT THE NORTH END OF CORPUS CHRISTI
BEACH IN THE WEST RIGHT -OF -WAY OF U. S. HIGHWAY 181 BE-
TWEEN THE TEXAS PARKS AND WILDLIFE DEPARTMENT BOAT RAMP
AND THE SOUTH APPROACH OF THE NUECES BAY CAUSEWAY FOR
BAIT STAND OPERATION; AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LEASE AGREEMENT WITH THE SCHOOL LAND BOARD
IF AND WHEN THE APPLICATION HAS BEEN APPROVED; 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 submit an application to the School Land Board for lease for bait stand
operation of a tract of land, consisting of 0.401 acres of Coastal Public
Lands at the north end of Corpus Christi Beach in the west right -of -way
of U. S. Highway 181 between the Texas Parks and Wildlife Department Boat
Ramp and the south approach of the Nueces Bay Causeway, more particularly
described as follows:
Being a portion of Nueces Bay and a portion of Block 415,
Brooklyn Addition, as shown by map of record in Volume A,
Page 32, Map Records, Nueces County, Texas, and more par-
ticularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of State Highway No.
181"',right -of -way, said point being Engineers Station 995 +
01.33 and being the South end of the concrete deck of the
Nueces Bay Causeway:
THENCE N. 50° 23' E. along the centerline of said right -of-
way a distance of 236.83 feet to a point which is Engineers
Station 992 + 64.5;
THENCE N. 39° 37' W. a distance of 146.08 feet to a point
for the Southeast and beginning corner of the tract of
land herein described;
THENCE N. 58° O1' 25" W. a distance of 100.0 feet to a
point;
THENCE N. 31' 58' 35" E., passing the normal shoreline of
Nueces Bay at 70.53 feet, in all a distance of 175.0 feet
to a point on the bottom of said Nueces Bay;
THENCE S. 580 01' 25" E., along the bottom of said Nueces
Bay, a distance of 100.0 feet to a point;
THENCE S. 31° 58' 35" W., along the bottom of said Nueces
Bay, passing the normal shoreline of said bay at 111.20
feet, in all a distance of 175.0 feet to the place of be-
• ginning and containing 17,500 square feet or 0.401 acres,
more or less.
1333 lJLJ1UriL1g&Q,
JUN 3 0 1980
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SECTION 2. 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 the above described tract of land for bait stand operation,
as more fully described and set forth in the Lease Agreement, a substantial
copy of which, marked Exhibit "A ", is attached hereto and made a part
hereof for all intents and purposes as if copied verbatim herein, if and
when the aforesaid application has been approved by the School Land Board.
SECTION 3. The necessity to authorize the City Manager to make
application for leasing of the above described tract of land and to execute
the lease agreement herein described 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
day of , 1976.
ATTEST:
,&'k
City/Secretary
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
jj�DAY OF SEPTEMBER, 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By 4k,
i*10.. —
Assistant City Attorney
r ,
STATE OF TEXAS X
COUNTY OF TRAVIS
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, §8(a) (1) and §8(b) (4).
The term of this lease is ten (10) 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 the Nueces Bay Bait Stand Lease
Area on Exhibit "A" attached hereto and made a part of this Lease Agreement.
The Coastal Public Lands contemplated by this lease are ex-
pressly 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 thereafter until the termination
of this agreement, thirty -three and one -third percent (33- ]./3 %) 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 percent
(25 %) of the said gross revenues shall be placed in an interest - drawing
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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 or adjacent to 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
, 1976.
ATTEST:
Secretary of the School Land
Board
ATTEST:
City Secretary
APPROVED _DAY OF , 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By.
Assistant City Attorney
SCHOOL LAND BOARD OF THE
STATE OF TEXAS
Bob Armstrong, Chairman
CITY OF CORPUS CHRISTI
By.
R. Marvin Townsend, City Manager
EXHIBIT "A"
NUECES BAY BAIT STAND LEASE AREA
Being a portion of Nueces Bay and a portion of Block 415,
Brooklyn Addition, as shown by map of record in Volume A,
Page 32, Map Records, Nueces County, Texas, and more par-
ticularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of State Highway
No. 181 right -of -way, said point being Engineers Station
995 + 01.33 and being the South end of the concrete deck
of the Nueces Bay Causeway:
THENCE N. 50° 23' E. along the centerline of said right -of-
way a distance of 236.83 feet to a point which is Engineers
Station 992 + 64.5;
THENCE N. 39° 37' W. a distance of 146.08 feet to a point
for the Southeast and beginning corner of the tract of land
herein described;
THENCE N. 58° 01' 25" W. a distance of 100.0 feet to a
point;
THENCE N. 31° 58' 35" E., passing the normal shoreline of
Nueces Bay at 70.53 feet, in all a distance of 175.0 feet
to a point on the bottom of said Nueces Bay;
THENCE S. 58° O1' 25" E., along the bottom of said Nueces
Bay, a distance of 100.0 feet to a point;
THENCE S. 31° 58' 35" W., along the bottom of said Nueces Bay,
passing the normal shoreline of said bay at 111.20 feet, in
all a distance of 175.0 feet to the place of beginning and
containing 17,500 square feet or 0.401 acres, more or less.
CORPUS CHRISTI, TEXAS
OAY OF 19 r
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 COUNCILS 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,
(�I- 11 1
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON 'LUBY avl
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY T E OLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
CAL-
Boa GULLEY Ull
GABE LOZANO, SR.
EDWARD L. SAMPLE