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Home My WebLink About022998 ORD - 07/22/1997AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE FUEL STATION LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND MARINA FUEL & CHARTER BOAT COMPANY L.C., AUTHORIZED BY ORDINANCE NO. 022066; WHICH SETS JULY 31,1998 AS THE FINAL DATE FOR INSTALLATION OF NEW FUEL TANKS, SUBJECT TO GOVERNMENTAL APPROVAL; WHICH RECOGNIZES THE TEMPORARY FUELING LOCATION; WHICH AUTHORIZES CONTINUED USE OF THE PORTABLE BUILDING IN COMPLIANCE WITH ALL LAWS AND REGULATIONS; WHICH CLARIFIES THAT A DEFAULT UNDER THIS LEASE IS ALSO A DEFAULT UNDER THE RESTAURANT LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND T -HEAD MARINA, L.C.; WHICH TERMINATES THE PENALTY FOR ARREARAGES ACCRUED ON OR BEFORE FEBRUARY 1, 1997 ON DECEMBER 1, 1996; MODIFIES THE LEASE PREMISES TO ABUT THE RESTAURANT LEASE PREMISES, RATHER THAN LEAVING A GAP; AND WHICH MAKES OTHER RELATED CHANGES; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: That the City Manager, or his designee, is hereby authorized to execute an amendment No. 1 to the Fuel Station Lease between the City of Corpus Christi and Marina Fuel & Charter Boat Company L. C. authorized by Ordinance No. 022066, which: a) sets July 31, 1998 as the final date for installation of new fuel tanks, subject to government approval, b) recognizes the temporary fueling location, c) authorizes continued use of the portable building in compliance with all laws and regulations, d) clarifies that a default under this lease is also a default under the restaurant lease between the City of Corpus Christi and T -Head Marina, L.C., and e) terminates the penalty for arrearages accrued on or before February 1, 1997 on December 1, 1996, f) modifies the lease premises to abut the restaurant lease premises, rather than leaving a gap, and g) makes other related changes. AG\97\5000.225 �.}��II1jt,� 41t:! SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. AG\97\5000.225 2 That the foregoing ordinance was read for the first time and passed to its second reading , 1997, by the following vote: on this the .2*Fli iay of Loyd Neal Jaime Capelo Melody Cooper Alex L.Garcia, Jr. Arnold Gonzales OSIELF Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols That ..e foregoing ordinance was read for the second time and passed finally on this the4 nJday of , { , 1997, by the following vote: Loyd Neal I,/L�LIJ Betty Jean Longoria Jaime Capelo John Longoria Melody Cooper _,, (, Edward A. Martin lhg n Alex L. Garcia, Jr. (,l,Wl(, t n Dr. David McNichols &tn.,- Arnold Gonzales PASSED AND APPROVED, this theu2ngday of LC , 1997. AT' .T: ' Armando Chapa, City Secretary APPROVED THIS 2 DAY OF ,t4wenVA—, MAYO1( THE CITY OF CORPUS CHRISTI JAMES R. BRAY, JR., CITY ATTORkEY By: �/ p C d llyt_ Q(I Ewa Ad Jct Alison Gallaway, Assistant City Attorney J AG\97\5000.225 , 1997: 3 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1421489 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING...MARINA FUEL & CHARTER BOAT COMPANY which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 29TH day(s) of JUNE. 1997. ONE (1) Time(s) $85.14 ,0111111111/00, ft PRet ..2• ��/ sf P5 , •:EXPIRE • ��,` /0/4/'41 2 4` N��\\\ 7 �� 0rdtO 99 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 18TH day(s) of July. 1997. –YYLi(L-L,v Glh_ a— -J. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1475479 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 022998 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 27TH day(s) of JULY, 1997. VC t •us Christi Geller -Times, S 27, 1997 11, Audio ENO. 712996 the of It f IgMe,tito esecu No. 1 to the fu station Mase between the Ci of Corpus Christi and Marin Fuel & Charter Boat Compan L.C., authorized by Ordinan No. 022066; which sets Jul 31, 1996 as the final date for in stallation of new fuel tanks 4 • subject. to governmental -a prove]; which recognizes th % temporary fueling. location whichauthorizes continua use of the portable building i compliance with all laws an regulations; which clarKes tha a.default under this Mase i also a default under the restau rant lease between the City Corpus Christi and T -head Ma rine, LC.; which terming the penalty for arrearages crued on or before February 1, • 1997 on December 1, 1996; i modifies the lease premises t , abut the restaurant lease pre- imises, rather than leaving gap; and which makes other re bated changes; providing to publication; and providing f• severance. This ordinance was passed and approved o second reeding by the Ci Council of the City of Corpus risti on the 22nd day of July, Vice -President and Chief Financial Officer Subscribed and sworn to before me this 31ST day(s) of July. 1997. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.