HomeMy WebLinkAbout15498 ORD - 04/23/1980Corpus Christi, as
23 day of ��• , 19f0
•
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.
Respectfully,
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by
the following vote:
15498
AN ORDINANCE
APPROVING ASSIGNMENT OF BLACK'S BAIT STAND LEASE
ON TRACT 1 OF THE COASTAL PUBLIC LANDS, SITUATED
ON THE INTRACOASTAL CANAL CROSSING ON PADRE
ISLAND CAUSEWAY, FROM HENRY BLACK, SR. TO MR.
AND MRS. MORRIS D. MERRITT, ALL AS MORE FULLY
SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTAN-
TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council by Ordinance No. 13076, passed and
approved on March 17, 1976, authorized execution of a bait stand lease
with Henry Black, Sr., dba Black's Bait Stand situated on the Intracoastal
Canal Crossing on Padre Island Causeway; and
WHEREAS, in accordance with the terms of the aforesaid lease, the
said Lessor of the bait stand shall obtain written approval prior to assign-
ing said lease; and
WHEREAS, the named Lessor desires to assign the lease granted by
Ordinance No. 13076, and the City is agreeable to the said assignment:
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
to approve assignment of Black's Bait Stand on Tract 1 of the Coastal Public
Lands, situated on the Intracoastal Canal Crossing on Padre Island Causeway,
being the same lease area authorized for bait stand lease by Ordinance
No. 13076, passed and approved by the City Council on March 17, 1976, said
lease to be assigned by Henry Black, Sr., to Mr. and Mrs. Morris D. Merritt
dba Black's Bait Stand, all as more fully set forth in the Assignment Agree-
ment, a substantial copy of which is attached hereto, marked Exhibit "A",
and made a part hereof.
SECTION 2. The necessity to authorize approval of .the aforesaid
assignment at the earliest practicable date 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, having requested the suspension of
AUG 2 9 1980
15498
• •
the Charter rule and that this ordinance take effect and be in full force
and effect from and fter its passage, IT IS ACCORDINGLY SO ORDAINED, this
the 2.3 day of , 1980.
ATTEST:
C' Secretary
APPROVED:
1.3 DAY OF ` i 1980.
J. BRUCE AYCOCK, CITY ATTORNEY
„40'
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ASSIGNMENT AGREEMENT
THE STATE OF TEXAS 1
COUNTY OF NUECES
WHEREAS, the City Council by Ordinance No. 13076, passed and approved
on March 17, 1976, authorized execution of a bait stand lease with Henry Black,
Sr., dba Black's Bait Stand, situated on the Intracoastal Canal Crossing on
Padre Island Causeway; and
WHEREAS, In accordance with the terms of the aforesaid lease, the
said Lessor of the bait stand shall obtain written approval prior to assigning.
the said lease; and
WHEREAS, the named Lessor desires to assign the lease granted by
Ordinance No. 13076, and the City is agreeable to the said assignment:
1. This assignment of lease shall cover the following described
tract or parcel:
TRACT NO. 1
A tract or parcel of land and/or water being on the northeast
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 centerline 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. 64° 03' E. along the centerline of the Padre Island
Causeway Right -of -Way a distance of 260 feet to a point;
THENCE N. 25° 57' E. a distance of 115 feet to a point which
is the most westerly corner of Tract No. 1;
THENCE continuing N. 25° 57' E. a distance of 150 feet to the
most northerly corner of Tract No. 1;
THENCE S. 64° 03' E. a distance of 165 feet to the most
easterly corner of Tract No. 1;
THENCE S. 25° 57' W. a distance of 150 feet to the most
southerly corner of Tract No. 1;
THENCE N. 64° 03' W. a distance of 165 feet to the most
westerly and beginning corner of Tract No. 1 for a closure
of this tract;
CONTAINING 0.568 acre of land and/or water, more or less.
2. Lessee, Henry Mack, Sr., proposes to sell the building, improve-
ments, equipment and business situated on the aforesaid Tract No. 1 to Mr. and
Mrs. Morris D. Merritt dba Black's Bait Stand, Inc., Assignee, to become
effective on or about , 1980.
3. Assignee agrees to be bound to the terms of the lease between
City and Lessee Black, dated March 22, 1976, a copy of which lease is attached
hereto and made a part of Exhibit "A".
This assignment shall be subject to the terms of the aforesaid lease,
shall be for the unexpired portion of the lease, which expires on October 24,
1979, with the option to renew for five additional years if the City obtains
authority from the School Land Board to so extend the lease.
EXECUTED this the day of , 1980.
ATTEST:
City Secretary
APPROVED:
DAY OF APRIL, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Henry Black, Sr.
dba Black's Bait Stand
ASSIGNOR AND LESSEE
Morris D. Merritt
Mrs. Morris D. Merritt
ASSIGNEE
APPROVED:
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend
City Manager
THE STATE OF TEXAS
COUNTY OF NUECES
AGREEMENT
§ KNOW ALL MEN BY THESE PRESENTS:
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 Henry Black, Sr., d/b/a Black's Bait Stand, here-
inafter 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 Henry Black, Sr., d/b/a Black's 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 / 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.
Exp, "1
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 Eighty and No/100
($1,080.00) 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 15-2.o2, 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.
-2-
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
-3-
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
-4-
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
-5-
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. L
n,.
EXECUTED this the ZZ day of VC\Gty C , 1976.
ATTEST:
1507/ AUIHEM ict.
BY COUNCIL 3�^pp 74
SECRETARY
APPROVED:
3 day of /414444... /%X
mor it At
y 'Forney
447
CITY OF CORPUS CHRISTI
By
R. Marvin Townsen•, Cityg
OPERATOR
By
e„Le ,1
nry ack, Sr., d/b/a Black's
Bait and
Mana e
-6-
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REVIMAY 2, 1975
TRACT NO. 1
A tract or parcel of land and/or water being on the northeast 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 centerline 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. 64° 03' E. along the centerline of the Padre Island
Causeway Right -of -Way a distance of 260 feet to a point;
THENCE N. 25° 57' E. a distance of 115 feet to a point which is the
most westerly corner of Tract No. 1;
THENCE continuing N. 25° 57' E. a distance of 150 feet to the most
northerly corner of Tract No. 1;
THENCE S. 64 03' E. a distance of 165 feet to the most easterly
corner of Tract No. 1;
THENCE S. 25° 57' W. a distance of 150 feet to the most southerly
corner of Tract No. 1;
THENCE N. 640 03' W. a distance of 165 feet to the most westerly and
beginning corner of Tract No. 1 for a closure of this tract;
CONTAINING 0.568 acre of land and/or water more or less.
•
COASTAL PUBLIC Lid1i1S LEASE U'J. L-7.000
S'T'ATE OF TEXAS X
COUNTY Of:* TRAVIS X
:,:_t.. U
a i . 914
The parties to this lease arc the School Land Board of the
State of Texas, LESSOR, and the City of Corpus Christi, Nueces
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, Ee(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 No. 2, anu Tract No. 3 on Exhibit A attached hereto and made
part of this Lease Agreement.
The Coastal Public Lands contemplated by this lease are express:
subject to lease.by the School Land Board for the exploration for al
development of oil, gas, minerals, and/or other energy
time during the term hereof.
-For and in consideration of this
and agrees with and to LESSOR that it
lease pay to LESSOR at Austin, Texas,
.Lhe date hereof, or the next business
sources at a.
lease, LESSEE hereby covenant:
will during the term of the
on the ninetieth day after
day thereafter, if the same
falls on a 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/n) of the gross
and paid to it by virtue of contracts or franchise agreements enter.
into by LESSEE to promote public recreation upon the herc.inb=Lore
described Coastal Public Lands.
revenues derived by LESSEE fry
IL .i.t: further uncle::ot:oca and agreed that twenty-five per. cent
(25) o1 the Laid dross revenues shall -be placed in an interest: -
drawing special account by LESSEE, consinLent with the laws of the
State, for the purpose of future appropriation by LESSi;E 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 she 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. 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, drivaway, street, or.any other structure in or
upon the Coastal Public lands leased hereby_
EXECUTED in duplicate originals this the' ?, 'rte -_,f day of -
1GE:14t , 1974_
ATTEST: SCHOOL LAND BOARD OF TUE
STATE -OF OF TEXAS
Secretary of the School Land Boa -cd Bob Armstrong, Chairman
E T.r :t.J -
S•.
1.
1111 ATTEST:
BIT! c;. Read
APPROVED:
JZmes R. Riggs
, i ty Attorney 7j
TFIE STATE OF TEXAS
COUNTY OF TRAVIS
X
X
C.LTY UP' CORPUS CHRISTI
/-,, ,
P. Marvin Townsend
City Manager
BY V.I.tiCit.
BEFORE ME, the undersigned authority, on this day personally
appeared BOBARMSTRONG, Chairman of the School Land Board of the
State of •T'e;:as, known to me to be the parson 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 Schoc.'
Land Board of the State of Texas for the purposes and consideratic,
therein expressed and in the capacity therein stated_
GIVEN UNDER MY.HAND AND SEAL OF OFFICE, this the 1-1-.1.=e day
ofr
,_ ��� _ ,�•����� .+!�!- tri=ri.-�tJ
, ' jNotary Public in and for
�� 1 :TRAVIS COUNTY, TEXAS
X
THE STATE OF TEXAS
•
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWTTSE\'D, 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
instrument, and acknowledged to me that he executed the same
as the act and -deed of said City of Corpus Christi for the
purpos:.s and consideration therein -expressed and in the capacity
therein stated.
LIVEN UNDER MY HAND AND SEAS. OF OFFICE, this the �f7;C.L day
C�c.-Idt , 1974.
-3-
Notary Public in and for
NUECES COUNTY, TEXAS
CERTIFICATE
I, H. E. White, Secretary of the. School .Land Board
of the StaLe of Texas, do hereby certify that at a meeting
of the School Land Board duly held on the loth day of
July , 1974, the foregoing instrument was
presented to and approved by said Board under the provisions
of Article 5382c, VCS, all of which is set forth in the Minutes
of the board of which I' am custodian_
I1 TESTIMONY WHEREOF, witness my hand this. the .25th
day of
October , 1974_
Ser: eta.ryrio° the School Land Board -