HomeMy WebLinkAbout14768 ORD - 02/14/1979• jkh:2-14-79;1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT WITH THE SCHOOL LAND BOARD IN CONNECTION
WITH LEASING OF LAND FOR PUBLIC RECREATIONAL USES
ON COASTAL PUBLIC LANDS, AS MORE FULLY SET FORTH IN
THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"; AND DECLARING AN EMERGENCY.
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 enter into a Lease Agreement with the School Land Board in connection with
leasing of land for public recreational uses on Coastal Public Lands, all
as more fully set forth in the said Lease Agreement, a substantial copy .of
which is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize without delay the entering
into an agreement with the School Land Board for the leasing of land for
public recreational uses on Coastal Public Lands 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 such
emergency and necessity to exist, and having requested the suspension of the
Charter rule and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the /91 day of February,
1979.
ATTEST:
4tz2&'
ary
APPROVED:
14th DAY OF FEBRUARY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CI Y 0CHRISTI, TEXAS
14768
MICROFILMED
`JUL 0 81980
COASTAL PUBLIC LANDS LEASE NO.
THE STATE OF TEXAS 0
COUNTY OF TRAVIS
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 purposes set
forth in the Natural Resources Code, V.T.C.A., Ch. 33 [formerly known as the
Coastal Public Lands Management Act of 1973, TEX. REV. CIV. STAT. ANN.
art. 5415e-1, 58(a) (1) and §8(b) (4)].
The term of this lease is twenty (20) years from the date hereof.
Either party hereto may terminate this lease for cause by giving
notice to the other party of intent to do so at least two years 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 V.T.C.A., the Natural Resources Code, Ch. 33,
the Coastal Public Lands described as TRACTS A, B, C and D on Exhibit A
attached hereto and made a part of this Lease Agreement.
The Coastal Public Lands contemplated by this lease are expressly
subject to lease by the School Land Board for the exploration for and develop-
ment of oil, gas, minerals, and/or other energy sources at any time during
the term hereof.
For and in consideration of this lease, LESSEE hereby covenants
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 a Sunday or legal
holiday, and every ninetieth day thereafter until the termination of this
agreement, thirty-three and one-third percent (33-1/3%) of the gross revenues
derived by LESSEE from and paid to it by virtue of contracts or franchise
agreements entered into by LESSEE to promote public recreation upon the herein-
before described Coastal Public Lands.
• •
It is further understood and agreed that twenty-five percent (25%)
of the said gross revenues 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 planning, engineering 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 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 hereinabove 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
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
1979.
ATTEST:
Secretary, School Land Board
SCHOOL LAND BOARD OF THE
STATE OF TEXAS
Chairman
•
CERTIFICATE
I,
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 day of
1979, the foregoing instrument was presented to and
approved by said Board under the provisions of §§52.151, 52.152 and 52.153,
Natural Resources Code, V.T.C.A., all of which is set forth in the Minutes
of the Board of which I am custodian.
IN TESTIMONY WHEREOF, witness nay hand this the day of
1979.
Secretary of the School Land Board
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF FEBRUARY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
THE STATE OF TEXAS 1
COUNTY OF TRAVIS f
BEFORE ME, the undersigned authority, on this day personally
appeared , Chairman of
the School Land Board of the State of Texas, known to me to be the person
and officer whose name is subscribed to the foregoing instrument, and acknowl-
edged to me that he executed the same as the act and deed of said School Land
Board of the State of Texas for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1979.
Notary Public in and for Travis County,
Texas
THE STATE OF TEXAS ➢
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, 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 instrumenta, and acknowledged
to me that he executed the same as the act and deed of said City of Corpus
Christi for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
February, 1979.
Notary Public in and for Nueces County,
Texas
•
TRACT A
Description for a tract of land and/or water on the
Padre Island Causeway (Laguna Madre Causeway, John
F. Kennedy Memorial Causeway) lying east and west
of the Humble Channel and being out of state tracts
30 and 31, said tract being more particularly des-
cribed 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;
Thence S. 61° 00' E., with the centerline of said
Padre Island Causeway, a distance of 4135.92 feet
to a point, at Engineer's Station 99 + 11.50, for
the beginning corner of the tract of land herein
described;
Thence S. 61° 00' E., with the centerline of said
Padre Island Causeway, a distance of 503.0 feet to
a point, at Engineer's Station 104 + 14.50, being a
point in the centerline of the Padre Island Causeway
right-of-way and also in the centerline of the Humble
Channel;
Thence N. 29° 00' E., a distance of 525.0 feet to a
point in the northeast right-of-way line of said Padre
Island Causeway for the most northerly corner of the
tract herein described;
Thence S. 61° 00" E., with the northeast right-of-way
line of said Padre Island Causeway, a distance of 662.16
feet to a point, for the most easterly corner of the
tract herein described;
Thence S. 29° 00' W., at 525.0 feet past the centerline
of said Padre Island Causeway at Engineer's Station 110 +
76.66, in all a distance of 1050.0 feet to a point in the
southwest right-of-way line of said Padre Island Causeway
for the most southerly corner of the tract herein described;
Thence N. 61° 00' W., with a southwest right-of-way line of
said Padre Island Causeway, a distance of 1165.16 feet to a
point, for the most westerly corner of the tract herein des-
cribed;
Thence N. 29° 00' E., a distance of 525.0 feet to the point
of beginning.
Containing 22.02 acres of land and/or water, more or less.
• •
TRACT B
Description for a tract of land and/or water on the
Padre Island Causeway (Laguna Madre Causeway, John
F. Kennedy Memorial Causeway) and lying west 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;
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 30° 00' 04", and whose
radius is 1909.86 feet, an arc distance of 1000.03
feet to a point, the P.T. of said curve, at Engineer's
Station 120 + 64.65 (Equation = -12.05 feet); Thence
S. 30° 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 feat
to a point the P.T. of said curve, at Engineer's Station
203 + 57.03; Thence S. 64° 02' 31" E., with the center-
line 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 centerline of the Intracoastal Canal;
Thence N. 25° 57' 29" E., a distance of 525.0 feet to a
point in the northeast tight -of -way line of said Padre
Island Causeway; Thence N. 64° 02' 31" W., with the
northeast right-of-way line amid Padre Island Cause-
way, a distance of 200.0 feet to a point, for the most
easterly and beginning corner of the tract herein des-
cribed;
Thence S. 25° 57' 29" W., at 525.0 feet past the centerline
of said Padre Island Causeway at Engineer's Station 212 +
14.00, in all a distance of 1050.0 feet to a point in the
southwest right-of-way line of said Padre Island Causeway,
for the most southerly corner of the tract herein described;
Thence N. 64° 02' 31" W., with the southwest right-of-way
line of said Padre Island Causeway, a distance of 415.0 feet
to a point, for the most westerly corner of the tract herein
described;
Thence N. 25° 57' 29" E., at 525.0 feet past the centerline
of said Padre Island Causeway at Engineer's Station 207 +
99.00, in all a distance of 1050.0 feet to a point in the
northeast right-of-way line of said Padre Island Causeway,
for the most northerly corner of the tract herein described;
Thence S. 64° 02' 31" E., with the northeast right-of-way
line of said Padre Island Causeway, for a distance of 415.0
feet to the point of beginning.
Containing 10.00 acres of land and/or water, more or less.
•
TRACT C
Description for a tract of land and/or water on the Padre
Island Causeway (Laguna Madre Causeway, John F. Kennedy
Memorial Causeway) and lying east of the Intracoastal
Canal and being out of State Tract No. 50, said tract
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;
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 30° 00' 04", and whose radius is 1909.86 feet, an arc
distance of 1000.03 feet to a point, the P.T. of said
curve, at Engineer's Station 120 + 64.65 (Equation = -12.05
feet); Thence S. 30° 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 center line of said Padre Island Causeway
right-of-way and also in the center line of the Intracoastal
Canal;
Thence N. 25° 57' 29" E., a distance of 525.0 feet to a point
in the northeast right-of-way line of said Padre Island Cause-
way; Thence S. 64° 02' 31" E. with the northeast right-of-way
line of said Padre Island Causeway, a distance of 200.0 feet
to a point, for the most northerly and beginning corner of the
tract herein described;
Thence S. 64° 02' 31" E., with the northeast right-of-way line
of said Padre Island Causeway, a distance of 1400.0 feet to a
point, for the most easterly corner of the tract herein des-
cribed;
Thence S. 250 57' 29" W., at 525.0 feet past the centerline
of said Padre Island Causeway at Engineer's Station 230 +
14.00, in all a distance of 1050.0 feet to a point in the
southwest right-of-way line of said Padre Island Causeway,
for the most southerly corner of the tract herein described;
Thence N. 64° 02' 31" W., with the southwest right-of-way
line of said Padre Island Causeway, a distance of 1400.0 feet
to a point, for the most westerly corner of the tract herein
described;
Thence N. 25° 57' 29" E., at 525.0 feet past the centerline of
said Padre Island Causeway at Engineer's Station 216 + 14.00,
in all a distance of 1050.0 feet to the point of beginning.
Containing 33.75 acres of land and/or water, more or less.
•
•
TRACT D
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 des-
cribed 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;
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 30° 00' 04", and whose
radius is 1909.86 feet, an arc distance of 1000.03
feet to a point, the P.T. of said curve, at Engineer's
Station 120 + 64.65 (Equation = -12.05 feet); Thence
S. 30° 59' 56" E., still with the centerlineofsaid
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 Bigineer's Station
203 + 57.03; Thence S. 64° 02' 31" E., with the center-
line 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 centerline 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 dis-
tance 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 775.0 feet to a
point for the most southerly corner of the tracts herein
described;
Thence N. 64° 02' 31" W., with a line that is 1300.0 feet
southwest 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 775.0 feet to the
point of beginning.
Containing 5.337 acres of land and/or water, more or less.
Corpus Christi, Tex
day of , 1977
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
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.
•
MAYOR
THE CI OF CO'•U. RISTI, TEXAS
The Charter rule was suspended bye the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by
Gabe Lozano, Sr.
Bob Gulley 1•
David Diaz ilfr ,
Ruth Gill lOr
Joe Holt i/
//,
v
e following vote:
Tony Juarez, Jr.
Edward L. Sample
14768