HomeMy WebLinkAbout15826 ORD - 10/22/1980AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH
THE COMMISSIONER OF THE GENERAL LAND OFFICE FOR THE
LEASE OF LAND ON AND ADJACENT TO THE JOHN F. KENNEDY
MEMORIAL CAUSEWAY, AS MORE FULLY SET FORTH IN THE AGREE-
MENTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B";
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 agreements with the Commissioner of the General Land Office for
the lease of land on and adjacent to the John F. Kennedy Memorial Causeway,
as more fully set forth in the agreements, substantial copies of which are
attached hereto and made a part hereof, marked Exhibits "A" and "B".
SECTION 2. The necessity to authorize without delay the entering
into agreements with the Commissioner of the General Land Office for the
leasing of land on and adjacent to the John F. Kennedy Memorial Causeway
for the purpose of promoting public recreation 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
tw
that such emergency and necessity exist, 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 2 -1L -day of
October, 1980.
ATTEST:
/
ate'
City Secretary ' \ MAYO
THE CIT/ OF CORPUS CHRISTI, TEXAS
APPROVED:
7— T DAY OF,OCTOBER, 1980:
J. BRUCE YCOCK,CITY ATTORNEY
By
Assistant Ci torney
15826
udttu
itip 271984
STATE OF TEXAS
COUNTY OF TRAVIS
COASTAL PUBLIC LANDS LEASE NO. CL -80-008
§
WHEREAS, Section 33.109 (b), Natural Resources Code provides that the
School Land Board may lease to any incorporated city, town or village coastal
public lands located within its corporate boundaries for public recreational
purposes.
WHEREAS, the City of Corpus Christi, Texas has applied to lease
certain lands located within its corporate boundaries for public recreational
purposes.
WHEREAS, said application was duly considered by the Commissioner of
the General Land Office and the School Land Board at a regular meeting thereof
in the General Land Office, on the day of , 19 , and
was approved.
NOW, THEREFORE, I, Bob Armstrong, Commissioner of the General Land
Office of the State of Texas, by virtue of the authority vested in me and in
consideration of the payments, agreements, covenants and conditions provided for
herein, do hereby demise, grant, lease and let unto the City of Corpus Christi,
Texas, hereinafter called Lessee, the coastal public lands described in Exhibits
A, B, and C attached hereto and made a part hereof for all purposes, for
recreational purposes only, this lease being executed upon the following terms
and conditions, to wit:
1. This lease shall be for a term of TWENTY (20) YEARS from the
effective date hereof.
2. Subject to the approval of the School Land Board, Lessee may enter
into contracts and franchise agreements to promote public recreation. No
contract or franchise agreement may authorize any commercial activity within
three hundred (300) feet of privately owned littoral property without the
written consent of the owner thereof.
3. Lessee hereby agrees to pay to the Commissioner of the General
Land Office, at Austin, Texas, thirty-three and one-third percent (33 1/3%) of
the gross revenues derived by Lessee from any contracts or franchise agreements
entered into by Lessee to promote public recreation upon the lands leased
herein. Lessee further agrees to deposit an additional twenty-five percent
(25%) of said revenues in an interest -drawing special account, from which
account Lessee shall appropriate sums required for planning, engineering and
constructing public recreational facilities upon the lands leased herein;
provided, however, that the payments provided for herein shall be subject to
review and adjustment by the School Land Board at the end of each five (5) year
period during the term hereof; provided further, that upon termination of this
agreement, any funds remaining in a special account established hereunder,
together with any accrued interest, shall be remitted to the Commissioner of the
General Land Office at Austin, Texas.
4. The first payment and deposit required under the terms of this
instrument shall be due on the ninetieth day following the effective date
hereof, or the next business day thereafter if said ninetieth day falls upon a
Sunday or legal holiday. An additional payment and deposit shall be due every
ninetieth day thereafter until the termination of this agreement.
5. Before commencing any activities that are to be funded by
appropriations from the special account established herein, Lessee shall submit
to the School Land Board all plans, drawings and descriptions of said activities
and shall secure the Board's approval of the proposed activities.
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6. All of Lessee's books, records and papers relating to revenues
derived under any contract or franchise agreement shall, upon request, be made
available• for inspection by the School Land Board, its employees and
representatives. All structures built on the coastal public lands leased herein
shall be open to inspection at any time by the School Land Board, its employees
and representatives.
7. The School Land Board expressly reserves the right to lease the
lands covered hereby for the purposes of exploring for and developing oil, gas,
minerals and all other energy sources.
8. It is further agreed and understood that the'School Land Board
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 leased herein. Lessee hereby agrees to assume all liability for or on
account of any injury, loss or damage described herein, and to indemnify and
forever hold harmless the School Land Board against each and every claim, demand
or cause of action that may be made or brought against the Board 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 herein.
9. Should Lesse fail to make any payment when due, or should lessee
violate any material provision of this agreement and, after reasonable notice,
fail or refuse to correct such violation, the rights granted herein shall be
subject to forfeiture by the Commissioner of the General Land Office.
10. Lessee expressly agrees to maintain the premises leased herein in
a clean and orderly condition and to collect and dispose of all trash, abandoned
vehicles, scrap lumber or other refuse.
Executed in duplicate originals this
19 , effective as of the day of
ATTEST:
day of
, 19 .
Secretary of the School Land Board Bob Armstrong, Commissioner of
the General Land Office of Texas
ATTEST:
The City of Corpus Christi
City Secretary By
Its City Manager .
Approved: day of
, 1979
City Attorney
By
THE STATE OF TEXAS
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, a notary in and for said county
and state, on this day personally appeared Bob Armstrong, Commissioner of the
General Land Office of the State of Texas, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same 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 , A. D. 197.
Notary Public, TRAVIS COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF §
BEFORE ME, the undersigned authority, a notary public in and for said
county and state, on this day personally appeared , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same 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 , A. D., 197.
Notary Public,
County, Texas
EXHIBIT 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.
• EXHIBIT 8
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 desctibQd 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 300 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 center-
line of said Padre Island Causeway, a distance of 1056,97
feet at Engineer's Station 214 + 14.00, being a point in
t1e 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 of slid 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.
EXHIBIT 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 Mo. 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 16$2.16 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. 25° 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.
COASTAL PUBLIC LANDS LEASE NO. CL -80-009
STATE OF TEXAS
COUNTY OF TRAVIS
WHEREAS, Section 33.109 (b), Natural Resources Code provides that the
School Land Board may lease to any incorporated city, town or village coastal
public lands located within its corporate boundaries for public recreational
purposes.
WHEREAS, the City of Corpus Christi, Texas has applied to lease
certain lands located within its corporate boundaries for public recreational,
purposes.
WHEREAS, said application was duly considered by the Commissioner of
the General Land Office and the School Land Board at a regular meeting thereof
in the General Land Office, on the day of , 19, and
was approved.
NOW, THEREFORE, I, Bob Armstrong, Commissioner of the General Land
Office of the State of Texas, by virtue of the authority vested in me and in
consideration of the payments, agreements, covenants and conditions provided for
herein, do hereby demise, grant, lease and let unto the City of Corpus Christi,
Texas, hereinafter called Lessee, the coastal public lands described in Exhibit
A, attached hereto and made a part hereof for all purposes, for recreational
purposes only, this lease being executed upon the following terms and
conditions, to wit:
1. This lease shall be for a term of TWENTY (20) YEARS from the
effective date hereof.
2. Subject to the approval of the School Land Board, Lessee may enter
into contracts and franchise agreements to promote public recreation. No
contract or franchise agreement may authorize any commercial activity within
three hundred (300) feet of privately owned littoral property without the
written consent of the owner thereof.
3. Lessee hereby agrees to pay to the Commissioner of the General
Land Office, at Austin, Texas, thirty-three and one-third percent (33 1/3%) of
the gross revenues derived by Lessee from any contracts or franchise agreements
entered into by Lessee to promote public recreation upon the lands leased
herein. Lessee further agrees to deposit an additional twenty-five percent
(251/4) of said revenues in an interest -drawing special account, from which
account Lessee shall appropriate sums required for planning, engineering and
constructing public recreational facilities upon the lands leased herein;
provided, however, that the payments provided for herein shall be subject to
review and adjustment by the School Land Board at the end'of each five (5) year
period during the term hereof; provided further, that upon termination of this
agreement, any funds remaining in a special account established hereunder,
together with any accrued interest, shall be remitted to the Commissioner of the
General Land Office at Austin, Texas.
4. The first payment and deposit required under the terms of this
instrument shall be due on the ninetieth day following the effective date
hereof, or the next business day thereafter if said ninetieth day falls upon a
Sunday or legal holiday. An additional payment and deposit shall be due every
ninetieth day thereafter until the termination of this agreement.
5. Before commencing any activities that are to be funded by
appropriations from the special account established herein, Lessee shall submit
to the School Land Board all plans, drawings and descriptions of said activities
and shall secure the Board's approval of the proposed activities.
•
6. All of Lessee's books, records and papers relating to revenues
derived under any contract or franchise agreement shall, upon request, be made
available for inspection by the School Land Board, its employees and
representatives. All structures built on the coastal public lands leased herein
shall be open to inspection at any time by the School Land Board, its employees
and representatives.
7. The School Land Board expressly reserves the right to lease the'
lands covered hereby for the purposes of exploring for and developing oil, gas,
minerals and all other energy sources.
8. It is further agreed and understood that the School Land Board
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 leased herein. Lessee hereby agrees to assume all liability for or on
account of any injury, loss or damage described herein, and to indemnify and
forever hold harmless the School Land Board against each and every claim, demand
or cause of action that may be made or brought against the Board 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 herein.
9. Should Lessee fial to make any payment when due, or should Lessee
violate any material provision of this agreement and, after reasonable notice,
fail or refuse to correct such violation, the rights granted herein shall be
subject to forefeiture by the Commissioner of the General Land Office.
10. Lessee expressly agrees to maintain the premises leased herein in
a clean and orderly condition and to collect and dispose of all trash, abandoned
vehicles, scrap lumber or other refuse.
Executed in duplicate originals this day of
19 , effective as of the day of , 19
ATTEST:
Secretary of the School Land Board Bob Armstrong, Commissioner of
the General Land Office of Texas
ATTEST:
The City of Corpus Christi
City Secretary By
Its City Manager
Approved: day of
, 1979
City Attorney
By
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EXHIBIT A
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-h 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, atEigineer'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, heing 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 comer 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, Texas
2' --day of_
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 192
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,
HE CITY T 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 by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz _
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky