HomeMy WebLinkAbout13075 ORD - 03/17/1976JKH:hb:3 /3/76:lst
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AN ORDINANCE
AUTHORIZING. THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH S. A. Kimbrell; DBA Red Dot Bait Stand
CONCERNING USE OF TRACT' ' OF THE COASTAL PUBLIC
LANDS, BEING SITUATED ON THE Tr rrArnAArA1 ranA1
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, MARRED EXHIBIT "A", 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. S. A. Kimbiall, DBA Red Dot Bait Stand,
concerning use of Tract 2 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.
JL3075
AGREEMENT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES 0
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 S. A. Kimbrell, d /b /a Red Dot 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 S. A. Kimbrell, d /b /a Red Dot 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 .Z- 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.
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5. The Coastal Public Lands contemplated by this Agreement are
expressly subject to lease 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 One Thousand Two Hundred Twenty
Four and No /100 ($1,224.00) 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.
S. 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
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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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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
CJ
BY /g
F. MaIrvin Townsend, City Manager
OPERATOR
By /
S. A. Kim cell, d /b /a Red Dot
Bait Stand
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TRACT NO. 2
A tract or parcel of land and /or water being on the southeast side of
the Intracoastal Canal crossing on Padre Island Causeway, and being
more particularly described as follows:
BEGINNING at a point which is in the center line of the Padre Island
Causeway Right -of -Way and the center of Trestle "B ", being also the
center line of said Intracoastal Canal;
THENCE S. 640 03' E. along the center line of the Padre Island Causeway
a distance of 200 feet to a point;
THENCE S. 250 57' W. a distance of 150 feet to a point which is the most
northerly corner of Tract No. 2;
THENCE S. 640 03' E. a distance of 300 feet to the most easterly corner
of this tract;
THENCE S. 250 57' W. a distance of 375 feet to the most southerly corner
of this tract;
THENCE N. 640 03' W. a distance of 300 feet to the most westerly corner
of this tract;
THENCE N. 250 57' E. a distance of 375 feet to the place of beginning;
ODNTAINING 2.583 acres of land and /or water, more or less.
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COASTAL KMLiC LAUDS LLASE [!U_ L -1000
PATE OV TEXAS X
COUNTY OP TRAVIS X
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C"otIrJ L -nd O.'.i.r.
The parties to this lease are the School Land Board of the
State of Texas, LESSOR, and the City of Corpus Christi, Nueces
County, Texas, 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, §8(a) (1) and
58 (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 Coastal - Public Lands described as Tract No. 1
Tract Vo. 2, and Tract No. 3 on Exhibit A attached hereto and made
part of this Lease Agreement.
The Coastal Public Lands contemplated by this lease are e�.-pres:.
subject to lease by the School Land Board fdr the exploration for ai
development of oil, gasp, minerals, and /or other energy sources -at a.
Lime during the term hereof.
For and in consideration of this lease, LESSES 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 _ame
falls on a Sunday or legal holiday, and every ninetieth day there-
after until the termination of this agreer•ent, thirty -three and one-
third her cent (33-.1-/3!,;) of the gross revenues derivad by LESSEE fr(-;
and paid to it by virtue of contracts or franchise agreements enter,•
into by LESSEE to promote public recreation upon the hercInb_Core
described Coastal Public Lands_
A
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It j.-: further urjOcri tool and agreed that twenty -five Per cent
(7.5'1) of the said gross revenue shall be placed in an interest -
drawing special account by LESSEE, consistent with the laws of the
State, for the purpose of future appropriation by LESSEE for
planninc3, engineering and constructing public recreational •-
facili -ties 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 description
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 LESSOa shall not be
liable to LESSEE., or to any other person whatsoever, for any injury,
loss or damage to an person or property in or upon -the Coastal
Public Lands hereinbefore described_ LESSEE hereby consents and
agrees to asswiie all liability for or on account of any injury,.
loss or damage above described, and to indemnify and forever bold
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_
EXECUTED in duplicate, originals this. the day of
C 1974.
ATTEST:
Seczetary of the School Land Board
SCHOOL LAND BOARD OF THE
STATE OF TEXAS
Bon Armstrong, Citairm.(n
• ATTEST:
,F . T1 G. 'Read
APPROVED:
Ja end s R_ Riggs
,Xity Attorney
THE STATE OF TEXAS X
COUNTY OF ^1RAVIS X
CITY Of.-' CORPUS CHRISTI18
By
11. Harvin Yownsend
City Manager
n
*, �1
BEFORE ME, the undersigned authority, on this. day personally
appeared BOB API- ISTRONG, Chairman of'the School Land Board of the
State of Te:cass, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged.
to me that he executed 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.
GIVrrl UNgER MY HAND AND SE-71L OF OFFICE, this the � ;c=;`_ day
of _ Oi "tea il'�- 1 i 1974.-,,...,
111N, 10111 Ill./
" -�-=Notary Public in and for
TRAVIS COUNTY, TMAS
ri. r
THE STATE OF TEXAS
COUi:TY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared R. I-LIRVIN TONTISEND, City manager 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
irnstr.ument, and acknowledged to me that he executed the same
as the act and deed of said City of Corpus Christi for ,the'
y{urpos:.s and consideration therein expressed and in the capacity
therein stated -.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the - '.0 -4 day
of C�c t,_L;.; 1974.
c!
Notary Public in anal 1�or
NUECES COUNTY, TMAS
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C E R T I F I C A T E
1, 11. K. 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 insttu.^.ient was
presented to and approved by said Board under the provisions
of Article 5382c, VCS, all of -.•7hich, is set forth in the Minutes
of the Board of which i an custodies*►_
11•I TESTI.iO\Y ETHEREOF, witness my hand this. the 25th
day of October , 1974.
.Secretary' o` the School. .Land Board
I
A RESOLUiIOv
E%PRESSL\G Ta CO`:CE? -" Or THE CITY CO!,1CIL Or CORPUS
CM TO 1 `_'R04� t1 :D 1= 1I�7T1J17 11 1TT kcTI'fE�•LSS
EuiD A3STar-T-ICS OF THE VXVIOUS iZ'I ttiC�[;e1YS TO TI1L
CITY, SUMI AS HIGarLMS 77; 181, I.1i. 37, s.1i. 44,
CP'u,`LL7 P �`:C8 P.� 1D, F EB R P.0.1D ASS UID BRG:1-SV -1 1
ROAD; &.N;D r.=. r-& LQ'3ESSI \G TIM THIS CONCEM BE
T,'1I rl AS A Si1's =-CENT OF CE.'tILAL POLICY TO GIV
GUIDANCE /t \'D DIRECTION TO THE Pj,k -I � D:G COMMISSION AIM
O TER ADVIS03Z BOAP.DS Td -j DELIBcP.�?IO`iS; Atv"D
DECL9R_iiiG ni: EMERCENCY.
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j'H REAS, the City Council of the City of Corpus Christi, Teas,
desires to itmrova and raintain the attractiveness and aesthetics of various
entranceways to the City, such as Hiahuays 77 and 181, I.m. 37, S.11. 44,
Chap== Ranch Road, Weber Road and. Old Brownsville Road; And
Zn1EPi BAS, the City Council desires that this concern be taken as
ns to the Yla
a statement of general policy to give guidance and directio .� ing
Commission and other advisory boards in their daliberaC{ons-
row, TERPBEOREr, BE IT RESOLVi3, BY THE CITY COUNCIL a m CITY OF
CORPUS CELRISTI, 'MkS:
SECTION 1. That tho City of Corpus Christi hereby.cxpresses its
desire to iipzove and maintain the attractiveness and aesthetics of the
various emtz.=ce,, ass to the City.
SEC3Y IO 2. That the City Council further expresses its desire that
this concern be taken as a statement of general policy to give guidance and
direction to the Planring Cccmissioa' and othez advisory boards in their
deliberations.
SECTION 3. The necessity to IMProv= ?nd ?=�ta� the attract
of the various entranceways to the City creates a public �.seroency and v
imperative public necessity requiring the 51-'52_ sion of the Charter rule
that no ordinEace or resolution shall be passed finally on the date of =ts
introduction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the .-yor 1_avino d_cla-red such
e`ergency and necessity to exist, ar_d havins requested the suspeasicn c`_
L' finally oa t e Lama of
the Carter rule and that. this resolution be passe' 3
`. t /
its Jmtroductiou and take effect and be in full force acd effect frog and
after its passage, IT IS ACCORDrUCLY SO RLSOLITD, this the __Z day. of
November, 1973_
ATTEST:
City Secretes HAYO:R
THE CITY Oc CORP-US CHRISTI, LM S
v Ill Or 1' VE`[3ER, 1973:
Cis Attarlfayz
'f
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TO THE ME SERS 0 ^e Tiff CITY COUNCIL
Corpus Christi, Texas
Corpus Christi, Texas •
day of . 19 %_�
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion 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 ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
-
MAXOR
THE CITY OF CORPUS CHRISTI; TEXAS
The Chatter rule was suspended by the following vote: .
Jason Luby
James T. Acuff `
Rev. Harold T: Branch'
Thomas V. Gonzales
Ricardo Gonzalez
_
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Gabe Lozano, Sr.
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J. Howard Stark
�U
The above ordinance was passed
by the following vote:
Jason Luby
James T_ Acuff
Cu61
Rev_ Harold T. Branch
Thomas V. Gonzales
C
Ricardo Gonzalez
Gabe Lozano, Sr.
r
l r
J. Howard Stark
%!lam
THAT THE FOREGOING ORDINANCE W S READ FOR THE FIST TIME AN PASSED
TO ITS SECOND READING ON THI3 THE AY OF
FOLLOWING VOTE: �91 BY TXE
JASON Luer
7P. BILL TIPTON
EDUARDO DE ADES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR. i
EDWARD L. SAMPLE
TWAT THE FOREGOING ORDINANCE WAS EAD FOR THE SECOND TIME AN PASSED
TO ITS THIRD READING ON THIS THE,4/�� DAY OF
FOLLOWING VOTE: T"� i 19 ,er THE
JASON LUSY
DR. BILL TIPTON
EDUARDO DE ASEa
RUTH GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
TNAT THE FOREGOING
FINALLY ON THIS THE /7
JASON LUDY
DR. BILL TIPTON
EDUARDO DE ASEs
RUTH GILL
BOB GULLEY
GAGE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED,
ATTEST:
city
ECRETARY
AP VED:
DAY OF �;
o- CITY ATTORNEY
7E LAIRD TIME AND PASSED
9x BY THE FOLLOWING VOTE:
9�
NAYC �&2
THE CITY OF CORPUS CHRISTI, TEXAS