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Home My WebLink About13393 ORD - 09/15/1976JKR:hb :9 /15/76 F j" 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 � 1 1 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 rr 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