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HomeMy WebLinkAbout14073 ORD - 12/14/1977• jkh:12- 14 -77; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A REASSIGNMENT OF LEASE FROM GEORGANA CASTLE TO MARIANNE ELIZONDO AND OSCAR ELIZONDO, OF CERTAIN AIRPORT RESTAURANT AREA FOR SALE OF ALCOHOLIC BEVERAGES, AS MORE FULLY SET FORTH IN EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF; 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 accept a Reassignment of Lease from Georgana Castle, a feme sole, to Marianne Elizondo and Oscar Elizondo, of certain Airport Restaurant Area for sale of alcoholic beverages, all as more fully set forth in the attached Exhibit "A ". SECTION 2. That Ordinance No. 13335 be and the same is hereby repealed. SECTION 3. The necessity to accept the reassignment of lease from Georgana Castle, a feme sole, as hereinabove set forth 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 suspen- sion of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /j1 day of December, 1977. ATTEST: City Secretary APPROVED: DAY OF DECEMBER, 1977: J. BRUCE AYCOCK, CIT TJORNEY By Assistant City Aitokney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 14073 This ordinance is in effect and force with or without the signature of the Mayor, in accordance with Article I1 • Section 6 of the City Charter. MICROFILMED jut 071980 ASSIGNMENT OF LEASE THE STATE OF TEXAS X COUNTY OF NUECES I • WHEREAS, the City of Corpus Christi, hereinafter called City, is the owner, as Lessee, of a lease from the Corpus Christi Bank & Trust, dated the 14th day of July, 1960, of the space at the Terminal Building of the Corpus Christi International Airport; and WHEREAS, the City has subleased to Mrs. Georganna Castle a portion of said space, said sublease becoming effective on August 11, 1976 ; and WHEREAS, Mrs. Georganna Castle. desires to assign the sublease to Marianne and -Oscar Elizondo; and WHEREAS, "said sublease to Marianne and Oscar Elizondo shall become effective only upon the securing of adequate liquor permits from the Texas Alcoholic Beverage Commission; and WHEREAS, Marianne Elizondo and Oscar Elizondo desire to.lease a portion of said space for the retail sale of beer, wine, or liquor by the drink, or any combination thereof, and the said City has agreed to assign said lease for the area and portion of the premises hereinafter described for the purpose of the sale of alcoholic beverages, including but not limited to, mixed drinks, beer, wine, and ale, this assignment of lease shall cover the premises described on Exhibit A, attached and made •a part hereof. This Assignment, under which it is expressly understood and • agreed that the gross sales of alcoholic beverages hereinabove provided shall be calculated by Marianne and Oscar Elizondo and any percentages due the City shall be made by them directly to the Airport Manager. City shall have the right to inspect all books and records of Marianne and Oscar Elizondo at any time during regular working hours. This Assignment shall be for a term expiring the 31st day of July, 1980. However, either party may terminate this lease by giving the other party sixty (60) days notice of intention to terminate. Marianne and Oscar Elizondo agree to pay the City the following percen- Cage on gross revenue commencing and continuing through July 31, 1980 on alcoholic beverages (including but not limited to wine, beer and mixed drinks); 10% of gross revenue. For the purpose of calculating payment to City gross revenue shall not include any State Alcoholic Beverage Tax. The contract is subject to novation or revision in renegotiation in the event future modification of the Terminal Building requires relocation, remodeling or alteration of the space occupied hereunder; provided, however, that special consideration shall be given to the avoidance of any reduction in the square footage in the Terminal Building made available to the concession, and, if such reduction is necessitated, rental will be adjusted accordingly. WHEREFORE, witness our hands in duplicate binding the respective parties effective the day of , 1977. ATTEST: City Secretary APVED: DAY 0 J. BRUCE AY Director of Finance ATTEST: Secretary Marianne Elizondo Oscar Elizondo CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager APPROVED: CORPUS CHRISTI BANK & TRUST By T K h e "404.1 r ohA • ,anatirt,PiitY +444' - 414 • i . ,',', ...-',': „ ''. ' , •,f .17 11' , • c. c, fr-v. 7— ,&. J.-- 4- ''A" • • Corpus Christi, Texas day of_&aer, 1977 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 suspension 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 ordinance finally on the date it is 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 Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. 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