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HomeMy WebLinkAbout14967 ORD - 06/27/19791111 JD:vp:6/Z7/79:1st AN ORDINANCE APPROVING AN ASSIGNMENT OF LEASE BY JAMES M. BRONSON TO WILEY B. GILLIT AND JAMES C. GILLIT OF TRACT 12 IN THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, LEASED TO MR. BRONSON AS AUTHORIZED BY ORDINANCE NO. 13694, AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1"; 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, the City Council by Ordinance No. 13226, passed and approved June 16, 1976, authorized approval of the assignment of Homer's Rainbow Bait Stand by Homer Benson to John Null, Jr., and by Ordinance No. 13694, passed and approved March 2, 1977, approved assignment to James M. Bronson; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assigning or subcontracting the said lease; and WHEREAS, James M. Bronson desires to assign the bait stand lease on Tract 12 of the Coastal Public Lands granted by Ordinance No. 13070, and assigned by Ordinance Nos. 13226 and 13694, 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 the assignment of the bait stand lease operated by James M. Bronson, 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 an March 17, 1976, and assigned by Ordinance No. 13226 to John Null, Jr., and assigned to James M. Bronson by Ordinance No. 13694, as amended by Ordi- nance Mo. 14915, passed and approved May 23, 1979, said lease to be assigned to Wiley B. Gillit and James C. Gillit, all as more fully set forth MICROFILMED JUL 0 81990 14967 • in the Assignment Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "1". 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 that such emergency and necessity 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 June, 1979. ATTEST: APPROVED: 27 DAY OF JUNE, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Ass s ant City Attorne THE C OF CORPUS CHRISTI, TEXAS 6/27/79 • ASSIGNMENT AGREEMENT THE STATE OF TEXAS Q COUNTY OF NUECES 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, the City Council by Ordinance No. 13226, passed and approved an June 16, 1976, authorized approval of the assignment of Homer's' Rainbow Bait Stand by Homer Benson to John Null, Jr., and by Ordinance No. 13694, passed and approved March 2, 1977, approved assignment to James M. Bronson; and WHEREAS, the City Council by Ordinance No. 14915, passed and approved on May 23, 1979, authorized an amendment to increase the leased area to 1.894 acres of land and/or water, more or less, and to increase the annual cash rental to $1200; and WHEREAS, in accordance with the terms of the aforesaid lease, the operator of the bait stand shall obtain written approval prior to assign— ing or subcontracting the said lease; and WHEREAS, James M. Bronson desires to assign the bait stand lease on Tract 12 of the Coastal Public Lands granted by Ordinance No. 13070, and assigned by Ordinance Nos. 13226 and 13694, and the City is agreeable to the said assignment: 1. This assignment shall cover the following described tract or parcel: TRACT NO. 12 (REVISED APRIL 3, 1979) Description for a tract of land and/or water lying south of the Padre Island Causeway (Laguna Madre Causeway, John F. Kennedy Memorial Causeway) and east of the Intracoastal Canal and being out of State Tract No. 50, being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of said Padre Island Causeway at its intersection with the west or mainland side of Laguna Madre at Engineer's Station 57 + 75.58; EXH.,�. • THENCE.with the centerline of said Padre Island Causeway, S. 61° 00' E., 5301.09 feet, the P. C. of a curve at Engineer's Station 110 + 76.67; Thence still with the centerline of said Padre Island Causeway and with the arc of a circular curve to the right whose central angle is 300 00' 04", and whose radius is 1909.86 feet, an arc distance of 1000.03 feet to a point, the P.T. of said..urve, at Engineer's Station 120 + 64.65 (Equation = -12.05 feet); Thence S. 300 59' 56" E., still with the centerline of said Padre Island Causeway, a distance of 6640.0 feet to a point, the P.C. of a circular curve at Engineer's Station 187 + 04.87 back = 186 + 77.21 forward; Thence with the Base line of said Padre Island Causeway in a southeasterly direction with a circular curve to the left whose central angle is 33° 02' 35", and whose radius is 2864.79 feet, an arc distance of 1652.16 feet to a point the P.T. of said curve, at Engineer's Station 203 + 57.03; Thence S. 64° 02' 31" E., with the centerline of said Padre Island Causeway, a distance of 1056.97 feet at Engineer's Station 214 + 14.00, being a point in the centerline of said Padre Island Causeway right-of-way and also in the center- line of the Intracoastal Canal; THENCE S. 25° 57' 29" W., a distance of 525.0 feet to a point in the southwest right-of-way line of said Padre Island Causeway; Thence S. 64° 02' 31" E., with the southwest right-of-way line of said Padre Island Causeway, a distance of 200 feet to a point, for the most northerly and beginning corner of the tract herein described; THENCE S. 64° 02' 31" E., with the southwest right-of-way line ' of said Padre Island Causeway, a distance of 300.0 feet to a point, for the most easterly corner of the tract herein described; THENCE S. 25° 57' 29" W., a distance of 275.0 feet to a point for the most southerly corner of the tract herein described; THENCE N. 64° 02' 31" W., with a line that is 800.0 feet south- west of and parallel to the centerline of said Padre Island Causeway, a distance of 300.0 feet to a point, for the most westerly corner of the tract herein described; THENCE N. 25° 57' 29" E., a distance of 275.0 feet to the point of beginning. Containing 1.894 acres of land and/or water, more or less. 2, Assignor, James M. Bronson, proposes to sell the building, improvements, equipment and business situated on the aforesaid Tract 12 to Wiley B. Gillet and James C. Gillet, Assignees to become effective on or about , 1979. 3. Assignees, Wiley B. Gillit and James C. Gillit, agree 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 "I". -2- 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 , 1979. ATTEST: City Secretary • Wiley B. Gillit James C. Gillit James M. Bronson APPROVED: APPROVED: CITY OF CORPUS CHRISTI DAY OF , 1979: J. BRUCE AYCOCK, CITY ATTORNEY By By Assistant City Attorney R. Marvin Townsend, City Manager THE STATE OF TEXAS COUNTY OF NUECES AGREEMENT KNOW ALL MEN BY THESE PRESENTS: • 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 ''L 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,• acopy 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. • 5. Phe Coastal Public Lands contemplated by this Agreement are expressly subject to lcase'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 No/100 0792.00) 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 Christ: 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 building and structures and equipment installation shall be at the expense of Operator. Building previously painted, or made of a material requirinE 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 -�- 1 • 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. 13'. 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 • 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. EXECUTED this the day of `\`\.c�., 1976. ATTEST: %g.___,__ AUTHORIZED BY COUNCIL 3.3 -- SECRETARY APPROVED: 3 day of Oor City A'torney CITY OF CORPUS CHRISTI OPERATOR By Homer Benson, d/b/a Homer's Rainbow Bait Stand nd, City Tdana I J 525' 175' / / eq7 70 .525 spa' 7s1 200' 13. 375• X30 Curve Do% A=3303' D = 2' 7 =850.0' L '53»' .P =2864.8U' .7-1=193/36263 5/o Z/////. PJO .Beg/, TCP.y//e 5/a 2/4//4'O //D/hayes/0/Cora/Flies//e 5fa. 2/7,'/z0a fad Tres//e Ot 5.1/7 STd r/n Le-esf /J, '4 fs F.tie: 4'L,c/ce: r(/44-ce5 Coui7/y L'agi7 ' 777f Dep/ .0014/ /Way map h/z D 3 /038. .Pette/sed dole dug. /967 .EXJil5J7 5/a?da rezea /5e9in Tre5f/e C' g`Tresf/e C' 5/0..24Z/ 4700 fnd Tree//e C - • 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. 37° 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 #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. 25° 57' E. 525 feet; Thence S. 6%° 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 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'on said east bank of Intracoastal canal, for the most Westerly corner of this.tract; Thence N. 25° 571 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; •L'AC is q_ 'i e:XI%S It oU?P.Cy o. TRAVIS X �:�L_r.4d The parties to this lease are the School Land Board of the State of Texas, LESSOR, and the City of Corpus Christi, 1lusces County, Te:_as, LESSEE_ This lease is made under the authority of and for the pur- poses set forth in the Coastal Public Lands Management Act bf 1973, TEX_ REV- CSV. STAT. ANN art. 5415e-1, Ee(a) (1) and 5Z(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 .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_ STA' ANN_ art. 541Se-1, the Coastal Public Lands described as -Tract No. Tract 1:o. 2, and Tract No. 3 on Exhibit A attachedhereto and made part of this Lease Agreement. The Coastal Public Lands contemplated by this lease areexpre: subject to lease by the School Land Board"fdr the er_plorati.on for develcpment of oil, gas, minerals, and/or other energy sources at a time during the tern 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 pay to LESSOR at Austin, Texas, on the ninetieth day after .the date hereof, or the next business day' thereat tdr, if the tame falls on za Sunday or legal holiday, and every ninetieth day there- after until the termination of this agreement, thirty-three and one third per cent (33-1./3:c) "of the gross revenues derived by LESSEE fr z,nd paid to it by virtue of contracts or franchise agreements entci into by LESSEE to.promote public recreation upon this hereinbefore described Coastal Public Land_;_ . ,E,r// -8 • JL -i.c: J-uc.1 r ue,dc::_:!.uced anti .:yr.ee!d' ):.at Jwonty-five _ Con:; (754:) oJ. the said -gross reveenur, shall be placed in an interest: - drawing , c t -�t_resL•- drae•J re; special account by LESSEE, .:, with consistent - �. l t!1'.. laws of the StatC, for the purpose of future appropriation -,tion bl• LESSEE for planning, enginaerinl and constructing public recreational facilities upon the hercine;erore described Coastal Public Lands; ants; provided, that, upon termination of the lease, any -funds remaining g in said special account, with accrued interest, will he remitted to LESSOR; provided further, that plans, drawings and descriotion 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 o:c 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 arisi*ug 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' ?, ;,j,.f day of ATTEST: SCHOOL LAND BOARD OF THE STATE OF TEXAS Secretary of School. Land Board Bob 'Armstrong, Chair -mar. SMW2.i. • bi.11 L. 'Read- . -- APPROVED: • Jz.ues R. Riggs i ity Attorney /9 THE STATE OF TEXAS . X COUNTY OF TRAVIS X (. )%): UI.' CORPUS Ci:i?I- R. Marvin 'i'ownsend City Manager In n i ' cif C�1$IL'EL=�r� . 1f %• �_ n.�1-•.ily BEFORE ME, the undersigned authority, on this day personal: appeared BOB ARMSTRONG, Chairman of 'the School Land Board of 'hc State of Texas, known to me to be the person and officer whose• name is subscribed to the foregoing instrument, and acknowledge( to me that he' executed the same as the act and deed of said Schc Land Board of the State of Texas for the purposes and consi.derat therein e: -pressed and in the capacity therein_ stated. cav13n UNgER NY HAND AND SEAL OF OFFICE, this the ? -( of '• C '5i' ' �r�ti% 2 �: 1 • 197n, ,rr.- ... '.. ( 4Notary Public in and for i. • I TRAVIS COUNTY; TEXAS (, ••11.;:� .THE STATE X �,,r /fr�,c.f;...... COUNTY OF NUECES X BEFORE .+_E, the undersigned authority, on •this day personall appeared. R. MARVIN TQWNSEND, City Manager of the City of:Corpus Christi, Texas, a municipal corporation, kno;n•to me to be the person and officer whose name is subscribed i.nstr.Tn^nt and ac?: b d to, the foregoing acknowledged to that he executed the sante as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVI3N UNDER NY HAND ANI) SEAL OF OFFICE, this the' of C� t'•1 1974_ S :C --r day. -3- Notary i'ua1ic in ar•.c( for NUECES COUNTY, TEXAS • C I•: I: 'r I F I CAT E 1, H. P. White, Secretary of the School Land Board of the State of Texas, do hereby certify that at a meeting of the School Land Board duly held on the 16thday of July 1974, the foregoing instrument :was presented to and approved by said Eoarcl under the provisions of Article 5382c, `;c5, all of which is set forth in the L4irut of the Board of which Iam custodian. III TESTIMO\1 WHEREOF, witness my hand this. the .25th . day of October , 1974. $ac etas- o: the schoolLand Board Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 19 7 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, OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Out 149E ,7