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Home My WebLink About03221 ORD - 03/11/1952AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO CANCEL THE CONTRACT AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BILLY PUGH, DATED FEBRUARY 15, 1952, IN CONNECTION WITH SERVICES AND BUSINESS TO BE OPERATED BY LESSEE ON A PORTION OF THE L -HEAD PROPERTY, AND TO SUBSTITUTE A NEW CONTRACT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 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 AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO CANCEL THE CONTRACT AND LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BILLY PUGH, DATED FEBRUARY 15, 1952, IN CONNECTION WITH SERVICES AND BUSINESS TO BE OPERATED BY LESSEE ON A PORTION OF THE L -HEAD PROPERTY, AND TO SUBSTITUTE A NEW CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE. SECTION 2: THAT THE NECESSITY FOR DERIVING REVENUE FOR THE UPKEEP OF BAY FRONT IMPROVEMENTS CREATES A PUBLIC EMERGENCY AN 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGSOF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THAT THE CHARTER RULE BESUSPENDED AND THAT THIS ORDINANCE BE PASSED ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT, 13 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE /� AY OF 1952. tt MA OR CITY OF CORPUS CHRISTI, TEXAS I S: CITY SECRETARY APP VED AS TO LEGAL FORM: CITY ArTORf4EY CDUMCT & LEASE AGREE14M THE STATE Of TEXAS CdtElP y OF WECM � WHEREAS, THE ILEASE BY AND BETWEEN THE PARTIES HERETO, DATED FFrBRUARY 15, 1952, I:"XGtUT.ED D.Y. THE CITY OF CORPUS CHRISTI AS DIRECTED IH QRAtnAkcs No. 3207, COVERING CERTAIN LANDS DESCRIBED AS: A. PORTION OF THE L-NEAD PROPERTY SITUATED EAST OF SHORELINE DRIVE AND B£fNG A PAOT OF THE NORTH OF SAID L -HEA6 ADJACENT TO THE SEAWALL AND B£INQ APPAD*IHATELY Idl X 80" IN THE CITY OF CORPUS CHRIS,T$, TEXAS, 19 BY HUTUA4 AGREEMENT BY PARTIES TO SAID CONTRACT AGREED TO BE TERMINATED AND ANOTHER CONTRACT AND LEASE AGREEMWNT SUBSTITUTED IN LIEU THEREOF, TO THE EFFECT THAT AN AREA APPROXIMATELY 661'X1.£0, LOCATED SOUTH OF THE „ROAD RAMPt6 OF THE CITY MUNICIPAL WHARF, BE SUDSTITUTED IN LIEU OF THE AREA APPROXIMATELY 70' X 80' DESCRIBED IN SAID LEASE OF FEBRUARY 15, 1952. NOW, KNOW ALL IfN BY THESE `PRESENTS: THIS CO1dMCT AND LEASE AGREEMENT MVO£ AND ENtER£D INTO THIS DAY OF MARCH, 1952, BY AND DETWEETI THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION ACTING THROUGH ITS DULY AUTH09I2'ED CITY MANAGER, W. B. COLLIER, HEREINAFTER CALLED THE `CITY", AND BILLY PUSH OF NUECES COUIQYY, TEXAS, HEREINAFTER CALLED °LESSEEI', IN LIEU OF LEASED DATED FEBRUARY 151 1972, HERETOFORE IN tXI!sTENCf, wHICH IS HEREBY BY MUTUAL AGREEMENT OF'THE PARTIES TERMINATED AND CANCELLED AND IN LIEU THERE- OF SYUSSTITUTED THE FOLLOWING LEASE AGFIEEM£NTI WITNESSEIHI THAT FOR AND IN CONSIDERATION OF THE LANDS HEREIN PROVIDED AND THE AGREEMENT HE1rTH STATED AND SUBJECT TO THE PROVISION$ HEREOF, THE CITY DOES NERtST LEASE TO 1.Etm THS FOLLOWING DL3CRIHED LAND AND PREMISE$. BEOINNING AT A POINT, THE I.4ITERSECTION OF THE CENTER LINE: OF THE STEEL SHEET PILING ON THE SOUTH SIDE OF THE (MUNICIPAL WHARF AND THE EAST FACE OF THE BOTTOM STEP OF THE SEA WA1.4; THENCE S. 73' - 411 - 40# E. ALONG THE CENTER LINE O�YF,'� T"Z STEEL SHEET PILING ON THE SOUTH SIDE GF THE W'UfCIPAL WHARF A 416TAHL6 -OF SCI FEET TO A POINT; THEM'$ N. 16' - 18' 2W E. A DISTANCE OF 66 FEET TO A POINT; THENCE N! 73" - 411 - 40" W. PARALLEL TO ANO 5 FEET SOUTH OF THE SOUTH' WALL OF 'TN£ ROAD RAMP, A DISTANCE Or Srj FEET TO A POINT ON YHECAST FACE OF THE BOTTOM STEP OF THE SEA VALL; THENCE $. 12` - 00' - 20" W, A il9StAWCE OF 66.2 FEET TO THE PLACE OF SEGIONIHG. CONTAmime 5,450 SQUAISE FEET', WITH THC LAND HEREBY LEASED, LESSEE SHALL BE ENTITLES? TO THE RIGHT OF INORiS8 AND EGRES$ AS A PART OF THE 1199$ OF THE 'SAME FoR THE PURPOSES STATED, 13VT IT I$ EXPRESSLY 41tPULATED THAT SAID IROR£SS AND EGRESS SHALL NOT INCLUDE THE RIGHT TO OBSTRUCT THE USES ?YY THE GENERAL PUBLIC FOA PASSA44EWAY OVER AND ACROSS THE LAUD A140 PREMISES AtfJACENT TD THE AMC DESCRIBED 6C, x 8�' AND SUCH PA39AGfkfAY SHALL AT ALL TIMES SE KEPT UNOBSTRI)CTED BY THE LESS££, HIS AGENTS, SERVANTS, EMPLOYEES AND PATRONS. THE RENTAL FOR SAID P9OPERT4 t0ALL BE THIRTY DOLLARS ($30-al) PER MONTH, PAYASL£ ON OR 4£FORE THE F14MY DAY Of EACH MONTH IN ADVANCE. 11 THE TERM OF THIS LEASE SHALL DE FIVE (5) YEARS, BEGINNING MARCH 11, 1}52, AND ENDING MARCH t1,- 1957- tti ` THE LESSEE SHALL SE PERMITTED TO ERECT IMPROVEMENTS ON SAID PREMISES WHICH IMPROVEMENT$ SHALL DE IN OCSIGN AND QUALITY FOR REEPINO WITH THE SAYFRONT AREA AND THE PLAINS AND SPECIFICATIONS $WALL BE SUBM17TED TO THE DIRECTOR OF PUBLIC WORKS AND HIS APPROVAL ozutNED BEFORE COHSTRUCT1oN. IT IS CONT04PLATED UY THE PARTIES THAT SAID 9UI4.DtN6 SHALL DE USED IN CONNECTION WITH THE SERVICES AND BUSINESS OPERATED ay LC$BEC UNDER THE TERMS OF THE CONTRACT DATED OCTOOER g, '1911, aETWEEN LE59EE AND THE CITY OF CO"US CHRISTI, AND THE USES TO BE 44ADE Of S4I0 PREMISES SHALL SE ONLY THE USES STATED IN r r SAID CONTRACT OATCD OCT03CR g, 1951, AND SHOULD SAID CONTRACT BE CANCELLED OR TERMINATED FOR ANY CAJSE, THIS LEASE SHALL AUTOMATICALLY TERMINATE AND THE CITY OP CORPUS CHA41STI SHALL HAVE THE RIGHT TO RESUME POSSESSION OF SAID PREMISES AND THROUGH ITS AlIEHTSy SERVANTS OR EHPLOYM TO'E4CCT ALL PERSOI4 THEREFROFI WITHOUT BEING LIABLE TO DAMAGES TO PERSON& SY REASON OF SUCH I -F.. RESUMPTION OF POSSESSION. i,Ed'SEE ',SHALL H£EPY SAID PREMISES IN A CLEAR AHp� ,.M NEAT CONDITION AND SHALL Rtstagr 1'RE SANE TO THE CITY OF CORPt1S C14RlSi1 A7 ` THE CND OR TERMINATION OF THIS LEASE, AS IN, 6000 CONDITION AS WAS RECEIVED.`. , UPON, SUCH TERMINATION, LESSEE MAY AT HIS OWN EXPENSE REMOVE IMPROVEMENTS PLACED OR SAID PR0418ES BY HIM. J„ 2 IV LE84EE SHALL PROVIDE SUITABLE SIGNS INDICATING THAT THE PPEXISES ARE OPERATED BY LESSEC AS HIS OWN 5U31HES3 AND T"9CITY Of CORPUS CHRISTI DOES NOT OPERATE THE SAME. LESSEE ABaREES THAT IN THE OPERATION AND USES OF SAID PREMISES HE WILL OPERATE THE SAME IN ACCOROAMCE WITH ALL THE LAWS OF THE UNITED STATES, STATE or TeXAS AND THE ORDINANCES OF T-HE CITY OF CORPUS CHRISTI, AND SHALL CARRY PUBLIC LIABILITY INSURANCE COVC,RING THE OPERATION OF THE P3REWIS.ES AND HOLD THE CITY OF CORPUS CHR•I,STI HARMLESS FOR AIIY HURT, INJURY OR DAMAGE TO PERSONS OR 'PROPERTY CAUSED SY "ssizEIs USE OF OR OPERATION 00 THE - PREMISES. V THE REUTALS HEREIN. PROVIDEO'SMALL SE EXCLUSIVE Of AND IN ADDITION TO THE THREE PERCENT (7N) GROSS RECEIPTS AGREED TO BE PAID TO THE CITY OF CORPUS CHRIST) f N 3l I U CONTRACT OF OCTOINER 91 1951. VI IT IS 'UNDERSTOOD AND AGREED THAT THIS CONTRACT IS IIOT ASSIGIIASLE IN WHOLE OR IN PART AND LESSEE SMALL HAVE NO RIDILY OR AUTHORITY TO SUDLCT THE PREMISES 09 ANY PART THEREOI`g AV* ANY ATTEMPT TO DO 30 WILL BE GROUTIDS 1'09 TERAINATI" OF THIS LEASE BY THE CITY. WITW- SSET14 THE HAND$ OF THE PARTIES HER &TO THIS THE DAY Dr A. D. 1952- Tw CITY OF CORPUS CMISTI, TEXAS I BY; CITY MANAGER ATTESTI CITY SECRETARY APPROVED AS TO LEGAL FOithl: CITY ATTORNEY 5ECONDPARTY. ' BY: E11 LLY PUGH N II C Iv Corpus Christi, Texas /ySZ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemens For the reasons set forth in the emergency clause of the fore- going 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, hereby 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. :1 Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DQForrest Frank,,E: = tgrlliamson Sydney E. Herndon GI.Gf/e George L. Lawman^ The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest r'raiCk_E;: -.V4lliamson Sydney E. Herndon George L. Lowman dV :1