HomeMy WebLinkAbout13070 ORD - 03/17/1976JKH:hb:3 /3/76:lst
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO FEXECUTE AN AGREEMENT
WITH Mr. Homer Benson, DBA Homer's Rainbow Bait Stand
CONCERNING USE OF TRACT' " 1Z OF THE COASTAL'PUBLIC
LANDS, BEING SITUATED ON THE TntraronaYal canal
CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF
BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF
WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERE-
TO, MARKED EXHIBIT 'W', IS MADE A PART HEREOF.
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 execute an agreement with Mr. Homer Benson, DBA Homer's Rainbow Bait Stand
concerning use of Tract _12 of the Coastal Public Lands, being situated
on the Southeast side of the Intracoastal Canal crossing on
Padre Island Causeway (John F. Kennedy Causeway), for purposes of operating
a bait stand business, all as more fully set forth in the agreement, a copy
of which, in substantially the form attached hereto, marked Exhibit ^A ",
is made a part hereof.
13070
AGREEMENT
THE STATE OF TEXAS II
II KNOW ALL MEN BY THESE PRESENTS:
COUNTY-OF NUECES II
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, 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.
g Y'A/,e/ r I ,
5. The Coastal Public Lands contemplated by this Agreement are
expressly subject to lease by the School Land Hoard 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 ($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.
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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 improvements
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
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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
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0. .0
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 , 1976.
ATTEST: CITY OF CORPUS CHRISTI
APPROVED:
day of
City Attorney
K. Marvin Townsend, City Manager
OPERATOR
By A"
Homer Benson, d /b /a Homer's
Rainbow Bait Stand
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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:
Beginninnv 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. 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'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 begi —In p.
Containing an area of 1.38 acres of land and submerged land;
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CUl.S'TAL PUf;LIC LAUDS LEASE 110_ L -IOCO
STATE OF TEXAS X
COUNTY OP TRAVIS X
Cansr_1 L'� 3 0.'.i.c
The parties to this lease are the School Land Board of the
State of Texas, LESSOR, and the City of Corpus Christi, T7uecas
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 'of
1973, TEX_ REV. CIV. STAT. ANN. art- 5415e -1, 58(a) (1) and
sS8 (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. STAT.
ANN. art. 5415e -1, the Cegastal Public Lands described as Tract No_ 1
Tract No. 2, and Tract No. 3 on Exhibit A attached, hereto and made i.
part of this Lease Agreement.
The Coastal Public Lends contemplated by this lease are expresc.
subject to lease by the School Land Board far the erploration for ai
development of oil, gas, minerals, and /or other energy sources at a
Lime during the tern hereof.
For and in consideration of this lease, LESSEE hereby covenant:
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 thereafter, if the same
falls on it 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!,;) of the gross revenues deriva-d by LESS E frc
and paid to it by virtue of contracts or franchise agreements entctc•
into by LESSEE to.promote public recreation upon the herclnb:�forc
described Coastal Public Lands.
/� A // ..�
IL i._: furLhar under ;Loud and agreed tLat t,,.•enty —five per ccn9_
(25^.) of the said gross revenue, shall be placed in an inL-eresL_
drawing special .recount by LESSEE, consisLent arith the laws of the
State, for the purpose of future appropriation by LESSEL•' for
planning, engin&.ering and constructing public recreational
facilities upon the hereinbefore described Coastal Public Lands;
provided, that.upon termination of the lease, any•funds remaining
in said special account, with accrued interest, will be remitted
to LESSOR; provided further, that plans, drawings and desc_iption
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 or 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 Lo 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
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_
EX17CUTED in duplicate originals this the �, ��f day of
/J �. A
(/GF� -kZ 1974-
ATTEST
Secretary of the School Land Board
SCHOOL LAND BOARD OF THE
STATE OF TEXAS
e -7
Bob -Armstrong, Chairman
•
ATTEST:
girl G. 'head
APPROVED:
Jzmes R. Higgs
ity Attorney
THE STATE OF TEXAS X
COUNTY OF TRAVIS X
CITY OV CORPUS CHRISTI
i r
BY iir��u.v��,r.�•P�, _,�
R- Na-i-win :i.'ounsend
City Manager
n
BEFORE ME, the undersigned authority, on this day personally
appeared BOB ARMSTRONG, Chairman of 'the School Land Board of the
State of Tewas, ]mown to me to be the person and officer whosd
name is subscribed to the foregoing instrument, and acknowledged.
to ne that he'exccuted the same as the act and deed of said Schoo
Land Board of the State of Texas for the purposes and consideratic
therein expressed and in the capacity therein stated.
GIVEN UNnER MY HAND AND SEAL OF OFFICE, this the day
of
�' Notary Public in and for
TRAVIS COUNTY,, TEXAS
THE STATE OF TEXAS X J,„,II:II;,cPt
COUNTY OF NUECES X
BEFORE : *_E, the undersigned authority, an this day personally
appeared. R: I-LARVIN TOWDISEND, City 14anager of the City of . Corpus
Christi, Texas, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument, acid acknowledged to me that he executed the same
as the act and deed of said City of Corpus Christi for the
pntrpos:.s aria consideration therein expressed and in the capacity
therein stated.
CIVFN UNDER MY NANO AND SEAL OF OFFICE, this the - day
of LL <- !_ v 1974.
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C-�
Notary PUb.LiC in and for
NUECES COUNTY, TEXAS
C E R T I F I C A T E
?, H. E. White, Secretary of the :school Lard Board
of the State o` Texas, do hereby certify that at a meeting
of the School Land Board duly held on the 166th day of
July , 1974, the foregoing inst*_•ument was
presented to and approved by said Board under the provisions
of Article 5382c, {;CS, all of which is set forth in the Minutes
of the Board of which I am custodian.
IN TESi'IMO \.l I•IIIEP,EOF, witness my hand this. the .25th
day of October 1974.
Sec : -et-3ry'o` the Srhnol Land Board .
•
A RESOLUTION
EQ'RESSLX T= CO`:CEi.`.1 Op 11� CITY CODICIL OF CORPUS
CMISTI TO D- LOROVE AtiD t'_' L Tilly' T1i 1Ttt �CTI�PE" SS
A D AMSTc`'ET_ICS OF TIM V•iRIOUS E;1TR.,1 .ZCEW! %YS TO TILE
CITY, SUCH AS HIG91mVTitS 77, 181, 1.11. 37, S.H. 44,
C ATZa Llti PV-;CI-7 RO.0, T:EBS La ROXD A14D OLD B2(YrTP�SC'ILLE
ROAD; IL \J I'� FAQ' ?�•SSI\C S:T 1uIS CO::CZZI BE
TAKEN AS A Sidi_ NT_ OF CE: E$AI. POLICY TO CIVF'
GUL7A_:CE AND DIRECTION TO THE PIL'LNNff-G, CO3-'ISSION M\1D
0 HER ADVISOyY B00DS ri TkTrIR DELIB-CF-MONS; AND
DECLARING LN r^.IERGENCY.
j;Fm3UAS, the City Council of the City of Corpus Christi, Texas,
desires to improve an raintain the attractiveness and aesthetics of various
entranceways to the City, such as Highways 77 and 181, I.H. 37, s.H. 44,
Chapn>n Ranch Road, Weber Road and. Old Brownsville Road; and
I.mnyAs, the City Council desires that this concern be taken. as
a statement of general policy to give guidance and directions to the J'laiag
Cosmissiop. and other advisory boards in their deliben`.3o—=
FOW, TEEREFOPR, BE IT RESOLVE? BY ME CITY COIJLgGIL OF THE CITY OR
CORPUS CMSTI, -LM4Sc
SECTION 1. That the.C3ty Of Corpus Christi hereby expresses _ts
desire to iEiprove and =iata n the attractiveness and aesthetics of the
various eatr.a= ce':ays to the City.
SECTION-2. That the CitT Council further expresses its hat
desire C
this concern be taken as a stateent of general policy Yo give guidance and
direction to the Planning Co=ission' and other advisory boards is their
deliberations.
SECTION 3. The necessity to inprn +s and `antaia the attractieeees
of the various entranceways to the City creates a public ene =oer- and as
imperative public necessity requiring the susp=_nsion of the Charter role
that no ordinance or resolution shall be passed finally oa the date of its
introduction but that such ordinance or resolution shall be read at threw
several Leetir -as of the City Council, and the ;' -yoc hsvizo declared suca
erergency and necessity to mist,
and haying requestzd t;--a suspensica o_
T fin 11 oz t:'a c'ata of
the Charter xule and that this resolution be passes y
r
its introduction rsd t-ce efiec:: and be in full force aed effect from and
after its passage, IT IS ACCORDI::CLX 50 RESOLttD, this the�day of
November, 1973_
ATTEST_
i YO
City MAYOR
A Z _
THE CITY O£ CORPIIS CFIRISTI, TECAS
APpi. I D_ 7
v I //I J]d Or Y on.19E3, 1973:
C:Ley At%oorYay�_q�/
Corpus ChrlsLi, Texas
day of 11� , 197
TO THE P1"M3ERS OF THE CITY COUNCIL
Corpus Chri*-ti, 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 cif 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 meetin-- of the
City Council.
Respectfully,
MAYOR
THS CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended
by the following vote: .
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Gs7
Ricardo Gonzalez
tj
Gabe Lozano, Sr.
J.. Howard Stark
( '
The above ordinance was passed
by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
!� _
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
C /i
J. Howard Stark
•
•
THAT THE FOREGOING ORDINANCE. �3 READ FOR THE FI T TIME A D PASSED
TO ITS SECOND READING ON TN13 THE &A OF
FOLLOWING VOTE: �9i BY THE
JASON Luer
7P. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDINANCE WAS RE D FO THE SEC ND TIME AN PA33ED
TO ITS THIRD READING ON THIS THE (�j , OF
FOLLOWING VOTE: i �9�/ BY THE
JASON Luer
DR. BILL TIPTON
EDUARDO DE A3ES
RUTN GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING OR01
FINALLY ON THIS THE DAY 0
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASCII
RUTH GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, Till
ATTEST:
�DCl Tti SECRETARY
AP!rVED:
¢¢ DAY OF 1976:
JC.TYATTR..Y
E T IRD TIME AND PASSED
9 BY THE FOLLOWING VOTE:
MA
THE CITY OF CORPUS CHRISTI, TEXAS