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HomeMy WebLinkAbout13694 ORD - 03/02/1977• jkh:3 -2 -77; 1st ' AN ORDINANCE APPROVIING ASSIGNMENT OF THE RAINBOW BAIT STAND ON TRACT 12 OF THE COASTAL PUBLIC LANDS, SITUATED IN THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FROM JOHN NULL, JR. TO JAMES M. BRONSON, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTAN- TIAL 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. 13070, passed and approved on March 17, 1976, authorized execution of a bait stand lease with Homer Benson dba Homer's Rainbow 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, by Ordinance No. 13226, authorized by the City Council, authorization was given for assignment of the aforesaid lease to John Null, Jr.; and WHEREAS, the said assignee, John Null, Jr., desires to assign the lease granted by Ordinance No. 13070 and assigned by Ordinance No. 13226, 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 the Rainbow Bait Stand on Tract 12 of the Coastal Public Lands, situated on the Intracoastal Canal on Padre Island Causeway, being the same lease area authorized for bait stand lease by Ordinance No. 13070, passed and approved by the City Council on March 17, 1976, and assigned by Ordinance No. 13226 to John Null, Jr., said lease to be assigned by John Null, Jr. to James M. Bronson, 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 MICROFILMED 13691 Jill 0 71980 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 la day of March, 1977. ATTEST: City Secretary MAYOR E& M APPROVED: THE CITY OF CORPUS CHRI I, TEXAS 2nd DAY OF MARCH, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant CiV Attorney0' ASSIGNMENT AGREEMENT THE STATE OF TEXAS j COUNTY OF NUECES I WHEREAS, the City Council by Ordinance No. 13070, passed and approved on March 17, 1976, authorized execution of a bait stand lease with Homer Benson, dba Homer's Rainbow 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, by Ordinance No. 13226, authorized by the City Council, authorization was given for assignment of the aforesaid lease to John Null, Jr.; and WHEREAS, the said assignee, John Null, Jr., desires to assign the lease granted by Ordinance No. 13070 and assigned by Ordinance No. 13226, andthe City is agreeable to the said assignment: 1. This assignment of lease shall cover the following described tract or parcel: TRACT NO. 12 A tract of land and submerged land fronting 200 feet, more or less, on the East bank of the Intracoastal Canal, and extending eastward, parallel with the Laguna Madre or Padre Island Causeway, to a depth of 300 feet. Said tract is situated in Nueces County, Texas on filled land in the Laguna Madre, on the south side of said Causeway, about 15 miles S. 370 E. from the County Courthouse, and is more particularly described, as follows: Beginning at a point on the east bank of a channel known as the Intracoastal Canal, south of the Laguna Madre or Padre Island Causeway near the point where the Causeway crosses said Channel, the Southwest corner of a lease from Nueces County, in the name of the Red Pot Bait Stand (Lease Tract #2), primary term of which expired on March 31, 1958 and which was then renewed for a term of five years, for the most Northerly corner of this tract, whence a point on the centerline of said Causeway Right -of -Way bears N. 250 57' E. 525 feet; Thence S. 640 03' E., with the South boundary line of said Red Dot Bait Stand lease, and parallel with and 525 feet southerly, measured at right angles, from the center line of said Causeway Rigbt- of--Way, 300 feet to a point for the most Easterly corner of this tract; Thence S. 250 57' W., parallel with said Intracoastal Canal, 200 feet, more or less to a point for the most Southerly corner of this tract; Thence N. 640 03' W., parallel with and 725 feet southerly, measured at Tight angles from center line of said Causeway Right -of -Way, 300 feet to a point *on said east bank of Intracoastal canal, for the most Westerly corner of this tract; Thence N. 250 57' E. with the east bank of said Intracoastal Canal, 200 feet, more or less, to the place of beginning. Containing an area of 1.38 acres of land and submerged land; 2. Assignee under the authority of Ordinance No. 13226, John Null, Jr., hereby proposes to sell the building, improvements, equipment and business situated on the aforesaid Tract No. 12 to James M. Bronson, to become effective on or about March , 1977. 3. Assignee Bronson agrees to be bound to the terms of the lease between City and Lessee Benson, dated March 22, 1976, 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 Board to so extend the lease. EXECUTED this the day of March, 1977. Andru 1, Jr. James M. Bronson APPROVED: CITY OF CORPUS CHRISTI ATTEST: BY R. Marvin Townsend, City Manager City Secretary APPROVED: 2nd DAY OF MARCH, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS 0 k KNOW.ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I 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 Homer Benson, d /b /a Homer's Rainbow Bait Stand, 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 Homer Benson, d /b /a Homer's Rainbow Bait Stand, 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 _0— 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. 1"XN .;�9 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, and /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 Seven Hundred Ninety Two and N01100 ($792.00) 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. 8. 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. -2- 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 improvement 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 services 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. 137. 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 -4- • i • 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 • • 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. AL EXECUTED this the 2-Zn day of c 1976. ATTEST: p %!% AUTHOR= eY coUa+ca 3 SECRtiAAY APPROVED: day of City A torney CITY OF CORPUS CHRISTI BY�G . �C 11Z4 R. M rvin Townse5nd, City Mana OPERATOR By Homer Benson, d b/a Homer's Rainbow Bait Stand / t \3 curve Perk T =450.0' L -/ggF20' ,P .2BGP.Ba' PJ.= /95f3¢G3 fLq 7re�lr /e '/e/ W5/—/fo coca /Tres /le" 217,1/700 fcd Tres //e e v 0 �(/aeces CO��cdy .Fegicecrii/q /Jep /. �qhf o %lyay mop Are /J.r3 /038. ,Perused dole /Jwq. /967 1 4e,o 1gl7- "? 5/,7 240 / 07.00 /Jegie 77mlle C' 07, -esffe F 5fo.242/ 4T.00 Fnd TreSlle C' Scale : /" --Soo, TRACT N0. 12 A tract of land and submerged land fronting 200 feet, more or less, on the East bank of the Intracoastal Canal, and extending eastward, parallel with the Laguna Madre or Padre Island Causeway, to a depth of 300 feet. Said tract is situated in Nueces County, Texas on filled land in the Laguna Madre, on the south side of said Causeway, about 15 miles S. 370 E. from the County Courthouse, and is more particularly described, `as follows: Beginning at a point on the east bank of a channel known as the Intracoastal Canal, south of the Laguna Madre or Padre Island Causeway near the point where the Causeway crosses said Channel, the Southwest corner of a lease from Nueces County, in the name of the Red Dot Bait Stand (Lease Tract 02), primary term of which expired on March 31, 1958 and which was then renewed for a term of five years, for the most Northerly corner of this tract ,'whence a point on the centerline of said Causeway Right -of -Way bears N. 250 57' E. 525 feet; Thence S. 640 03' E., with the South boundary line of said Red Dot" Bait Stand lease, and parallel with and 525 feet southerly, measured at right sngles, from the center line of said Causeway Right- of -Way, 300 feet to a point for the most Easterly corner of this tract; Thence S. 250 57' W., parallel with said Intracoastal Canal, 200 feet, more or less to a point for the most Southerly corner of this tract; Thence N. 640 03' W., parallel with and 725 feet southerly, measured at right angles from center line of said Causeway Right- of -WAy, 300 feet to a point•oa said east bank of Intracoastal canal, for the most Westerly corner of this tract; Thence N. 250 57' E. with the east bank of said Intracoastal Canal, 200 feet, more or less, to the place of beginning. Containing an area of 1.38 acres of land and submerged land; STATE of 1 i zeds l X - 1 c z-:::f c COUNTY Oi' 'EIL1Vrs X The parties to this lease are the School Land Board of the State of Texas, LESSOR, and the City of Corpus Christi, 17ueces County, 1'e::as, LESSEE - This lease is made under the authority of and for the pur- poses set forth in the Coastal Public hands Manageiaant Act 'of 1973, TEX- REV_ CIV_ STAT. ANN_ art_ 5415e -1, 58(a) (1) and 58 (b) (4) _ The term of this lease is five•(5)'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 .;be date of termination. For and in consideration of the.covenants bereir_ cont.Uned on the part of LESSEE to be kept and performed, LESSOR does hereby lease unto LESSEE, subject to all provisions of TEX_ REV_ CIV_ STA ANN_ art_ 5415e -1, the Cgastal Public Lards described as Tract: No.. Tract No_ 2, an6L TracL No- 3 on Exhibit A attached- hereto and .made part of this Lease Agreement_ The Coastal Public Land, contemplated by this.l.ease are . re subject -to lease by the School Land Board•for the exploration for develcpnent of oil, gas, minerals, and /or other energy sources at Lime du!_ing the term hereof- -For and in consideration of this lease, ]LESSEE hereby covenan and agrees with and to LESSOR that it will during -the term of the lease p.:iy to LESSOR at Austin, Texas, on the ninetieth day after the dates hereoL•, or the next business day thereafter, if the same Falls on a Sunday or legal holiday, and every ninetieth day there- after until the termination of this agreement, thirty - :three and ono third p--r cent (33- 1 /3,;)*of the gross revenues derived by Li;S=EE fi and paid to it by virtue of contracts or franchise agreaments entej into by LESSC6 to- promote public recreation upon the hercl nb �Co_a deserit,ed Coasted Public Lands_ • L:. J-71 Lure and i!qrC*•(J Cy I pe,_cC:n (251*.) of the Vilid '9170s f; rC-111les, shall be placed in an interes': drawing sl)i>ci;ll -'ccount by LESSEE, consistent. tile laws 01, the Scatc, for the purpose of future approprj- _I,jorl by MISSE• for planning, cnqinctering and constructing public recreational facilities upon the heroinbe o_`L described Coastal Public Lands; provided, that. upon Ler-minatio-n of the lease, any -funds remaining in said special account, with accrued interest, will be remitted to LESSOR; Provided further, that plans, drawbigs and desc;intion 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 revenulas derived by virtue of contracts or : franchise ag*reewients . entered into by LESSEE to Promote public recreation upon.-the hereinb6fore described Coastal Public Lands, shixll be available to LESSOR upon request_ It j.3 further agreed and understood that"LESSOR shall not be liable to LESSEE, or to any other person whatsoever, for any injur) loss or damage to any person or property in or . -up9n. the Coastal Public Lands hervinbefore described- LESSEE,bereby 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 1974- ATTEST: SCHOOL LAND BOARD UP THE Secretary of th� School Land ljoa-ccl STATE OF TMAS -6, 'Arinstrong—, Chairma h ATTEST: APPROVED: -Z - Janes Ft_ Riggs �� /' r pity Attoney THE STATE OF Tmms X COUNTY OF TRAVIS X C. )Y• Of.•' 602'Us CHitl• By E. Mi.-i- i.in Townse:id City Manager U: fir,;•,.• ;^.�•T /-�/ BEFORE ME, the undersigned authority, on this day perso;ial- appeared BOB ARI-ISTRONIG, Chairman of • the School Land Board of th5 State of Te:cas, I:nown to me to be the person and officer whose -' name is subscribed to the foregoing instrument, and ackr_owledge2 to me that he - exacuLed the same as the act and deed of said Sehc Land Board of this State of Texas for the purposes and consi.derai therein expressed and in the capacity therein_ stated_ GIVI,M URPE.R MY HAND AND SEAL OY OFFICE, this the "?�_ =.f da of 1974- AA z: Notary Public in and for TRAVIS COUj- TEXAS l,• .r THE STATE OF TEXAS X'�i,�f ^( COUNNTY OF VUECES X BEFORE ._E, the undersigned authority, on this day personall' ap pearid• F,_ MLARVIN WW'NSEND, City tanager of the Cityy of.: Corpus Christi, Texas, a municipal corporation, known-to ma to - be.the person and office-- vyhose name is subscribed to the foregoing i.nstrwmc ,.nt, and ackno;vleclg--d to ine that he executed the same as thye act and deed of said City of Corpus Christi for tile' and consideration therein expressed and in the capacityy therein stated- C7.VF.N UNDER MY I- &ID AND SEAL OF OFFICE, this the (=;C -'.f day of CCc_� l.c 1979_ No' a.ry Public in anal for NUECES COUNTY, TMAS C E R T I F I C A T E ?, H. E. White, Secretary of the School Land Board of the State of Texas, do hereby certify that at a meeting of the School Lana r,t:)ard duly held on the 16thday of July , 1974, the foregoing insttu:ie nt bras presented to and approved.by said Board under the provisions of Article 5382c, VCS', all of whicIA is set forth in the 14inute of the Board of which I am custodian- 11-T TESTIMONY 19ffEP.EOF, witness my hang this. the .25t1i . day of October , 1975. Secretary' o't 4be School Land Board . • A YESO[.U%IUV LCPt1.s'SSU,G i . CONCERN OF T11E CITY COUNCZ[. OF COMS CUISTI TO I: "i Ov A!,D VAINT!,1k. Tay ATSiL1CTITiE`:ESS li:D A- ESTE'`'T_ICS OF TIT VARIOUS c.IMINCEUNYS TO -AM cirf, SUC![ 1S 1iIC3iI -lYS 77, 181, I.1i_ 37, ;.iC. 44, CIL' ZILli ILA?:Cr RO3D, FE6 'sL UMD M-13 OLD IsRow-NSVILLE ROAD; AND FiF:: =Li\ YMP:'2SSIN T[L Y 1 ' S COt:C�'�[ IIS TAKEUT AS A S [%.:T_ OF CENRUI. POLICY TO Cr" GUT1-]?_':CL ti�� 1�2TtECYI0:1 TO ThE PL-N',- :i�G CM-L`USSION MID OT=R tDVISMU BOLPDS IN 1 -IR DELIIIE ;T1ONS; AND DECULR:MG 'QT MERGENCY. • I --,H—P-1S, the City Council of the City of Corpus Christi, Texas, desires to irnrova and =intain the attractiveness and aesthetics of various entranceways to the City, such as iLghways 77 and 181, I.U. 37, S_II. 44, Chapman Ranch road, Weber. Road and. Old Bro-ansville Road; zad IS, the City Council desires that this concern ua.EA. be takan as. a stateceaE of general policy to give guidance and directions to. the I'la =ing Ca=.ission and other advisory boards in their deliberzt.iO s- t:OW, P�FFO?F, BR IT PESOLTlx� BY TT3E CITY COUNCIL, OF THE CII OF COPTU5 CHRISTI, LEE -ks- SECT104 1. That tho. City of Corpus Christi hereby, cypresses Its desire to 14rove and raiatain the attractiveness and aesthetics of thz various antra.ces:ays to the City. SEC3IO',i 2- That the City Ca_ncil further e-xpresses its desire that this concern be taken as a statEer_t of general policy' to give guid2.ace and direction to tae ccr ission - and other advisory bozxds is their deliberations. SECTION 3. The necessity to ieprn+a and int'?a t he attractive =es of the various entraceways to the City creates a public —ar ar ar_d imperative public necessity requiritg the su32a,si_oa of the Carter rule that no ordinance or resolution shall be passed finally oa the date o£ its introduction but tbat such ordinance or resolution shall be read --t t` yea several cezti.— of the City Council, end t`:e :'your Itaviro declared suca =ergency and necessity to exist, and hzvin; re;ces *_mod t scspaasica c` the Charter rule --ca that this ,esolution be d masses f-; -11y on tha Bate of its Ltzocuctioc !d t '+e c�iect and be in fcll'f rce :�r_d effect frond i after its passes -a, IT IS ACCORDELLX SO P.GSOL*Vr.D, thi1 the claJ of Iiovenber, 1973_ ATTEST: . City Secre I -MyO:t / THE CrKy OF CORPUS CHRISTI, TMkS APF i.0,VED : 1/�I pA Or 2' Vr--,B <R, 1973: Ci-Y Atlor2%yy ' .,• _ - Corpus Chr1e, L' i, Texas. • 7 day o f ` ,t r/�- Gtr , 19 7 TO THE IEMBERS OF TI[r: CITY COUCCIL 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 parsed finally on the date it is introduced, and that such ordinance or. resolution shall be read at three meetings of the City Council; r, 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, MAYOR THE CITY OF CORPUS CURISTr•, TEXAS The Charter rule was suspended by the following vote:' Jason Luby James T. Acuff Rev, Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez _ Cabe Lozano, Sr. J.. Howard Stark CL% The above ordinance Was passed by the following vote: Jason Lubyl , James T_ Acuff Rev. 2larold T_ Branch !. Thomas V. Gonzales C Ricardo Gonzalez Ci�a Gabe xozano, Sr_ J_ Howard S taric CORPUS CHRISTI, / / TEXAS ' ' DAY OF , 1 9_ ' 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; 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, MAYOR THE CITY OF CORPUS CHRIST , TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON //�� EDUARDO DE ASES // —0 / RUTH GILL Ban GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 13694 VOTE: