HomeMy WebLinkAbout16136 ORD - 03/25/1981jkh:3-25-&1;1st„
AN ORDINANCE
APPROVING ASSIGNMENT OF BLACK'S BAIT STAND FROM MR. AND
MRS. MORRIS D. MERRITT TO MIKE A. HELTZEL AND CARROL A.
HELTZEL, SAID BAIT STAND BEING SITUATED ON THE INTRA -
COASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, CONCERN-
ING TRACT 1 OF THE COASTAL PUBLIC LANDS, ALL AS MORE
FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTANTIAL
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, the City Council by Ordinance No. 15498, passed and approved
on April 23, 1980, authorized approval of the assignment of Black's Bait
Stand by Henry Black, Sr. to Mr. and Mrs. Morris D. Merritt; and
WHEREAS, in accordance with the terms of the aforesaid lease, the
operator of the bait stand shall obtain written approval prior to assigning
or subcontracting the said lease; and
WHEREAS, Mr. and Mrs. Morris D. Merritt desire to assign the lease
granted by Ordinance No. 13076, and assigned by Ordinance No. 15498, and the
City is agreeable to 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 on March 17, 1976, and being the
same lease area approved for assignment by Ordinance No. 15498, passed and
approved by the City Council on April 23, 1980, said bait stand to be assigned
by Mr. and Mrs. Morris D. Merritt to Mike A. Heltzel and Carrol A.Heltzel,
all as more fully set forth in the Assignment Agreement, 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
aftwiLMED
16126 SEP * 7 19$4
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 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 .42jr day of
March, 1981.
ATTEST:
Ci
y Secretary
APPROVED:
27 DAY OF MARCH, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYO
HE CI
F CORPUS CHRISTI, TEXAS
ASSIGNMENT AGREEMENT
THE STATE OF TEXAS
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, the City Council by Ordinance No. 15498, passed and approved
on April 23, 1980, authorized approval of the assignment of Black's Bait
Stand by Henry Black, Sr., to Mr. and Mrs. Morris D. Merritt; and
WHEREAS, in accordance with the terms of the aforesaid lease, the
operator of the bait stand shall obtain written approval prior -to assigning
or subcontracting the said lease; and
WHEREAS, Mr. and Mrs. Morris D. Merritt desire to assign the lease
granted on Tract 1 of the Coastal Public Lands by Ordinance No. 13076 and
assigned by Ordinance No. 15498, and the City is agreeable to the said assign-
ment:
1. Thsi assignment of lease shall cover the following described
parcel or tract:
TRACT NO. 1
A tract or parcel of land and/or water_being on -the twrLlieast
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 "8",
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. Assignees Mr. and Mrs. Morris D. Merritt propose to sell the
building, improvements, equipment, and business situated on the aforesaid
Tract No. 1. to Mike A. Heltzel and Carrol A. Heltzel to became effective on
or about , 1981.
3. Assignees Mike A. Heltzel and Carrol A. Heltzel agree to be
bound to the terms of the lease between City and Lessee Henry Black, Sr.,
dated March 22, 1976, a copy of which lease is attached hereto and made a
part hereof as Exhibit "A".
This assignment shall be subject to the terns of the aforesaid
lease, shall be for the unexpired portion of the lease, which expired on
October 24, 1979, and is being continued on a month to month basis.
This the day of , 1981.
MORRIS MERRITT
MRS. MORRIS D. MERRITT
ASSIGNOR AND LESSEE
MIKE A. HELTZEL
CARROL A. HELTZEL
ASSIGNEE
ATTEST: APPROVED: City of Corpus Christi
THIS THE DAY OF ,1981.
BY
City Secretary R. 'Marvin Todnsend
City Manager
APPROVED:
DAY OF MARCH, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
BY.
Assistant City Attorney
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
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 heretoandmade a
part of this Agreement.
2. This Agreement is subjecttoall-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 third (30)
nays in advarrue of Lhe date of termination. Both parties mutually
agreeing may terminate this Agreement at any time.
r•
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 itwill 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 gs 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
Qf 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 bf boat stall, moorings, or yardage
constitutes the normal course of business of Operator, and does not
constitute subcontract or assignment of the leased premises.
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 furtheragreesto procure
sanitary sewer services if said -services become--available_to the
premises, and to connect all toilet drains and other sewage lines
withinninety 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 isunderstood 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 _nay
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.
EXECUTED this the 4-2- day of \'`Nast C (k—. -, - 1976.
ATTEST:
AUIHUaILLL
BY COUNCIL�-4
SECRETARY
' APPROVED:
3 day of ��`11gTb
City At orney
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager.
OPERATOR
-By fgn�!'
Henry/tack, Sr.,.d/b/a Black's
Bait $sand
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TRACT NO. 1
REVI`'. ) MAY 2, 1975
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 thecenterof Trestle "B", being also the
center line of said Intracoastal Canal;
11ENCE 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. 250-57' E. a distance of 115 feet to a point which is .the'.
nost 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;
0
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 themostsoutherly
-corner of Tract No. -1; -
THENCE N. 640 031 W. a distance of 165 feet to the most -westerly and
_ beginning corner of Tract No. 1 for a closure of this tract;
CO1TAIRING 0.568 acre of land and/or water more or less.
vi
LO AS7AL PUBLIC LAUDS -LEASE UO.
STATE OF TEXAS X -
iv. u
L _ d ifii 4
_The parties to this lease arc 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
2-1973, TEX_` REV. .CIV. STAT. ANN.- art_ 5415e-1, E8 (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-
-
c- __rmi nation_
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, ant Tract TIo. 3 on Exhibit A attanhedhereto and made L
part of this -Lease Agreement.
The Coastal Public Lands contemplated by this -lease are express
subject to lease_by- the School Land Board -far the -=exploration for al
development of oil, gas, minerals, -and/or other energy -sources -at a,
• time during the term hereof.
•.-For and in consideration of this lease, LESSEE hereby covenant;
-and agrees with and to LESSOR that it will during the term of the
lease pay to LESSOR at'Austin, Texas, on the ninetieth day' after
•
.the date hereof, or the next business day thereafter, if the sante
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 revenues derived -by LESSEE fr
and paid to it by
virtue of contracts or franchise agreements entct
•
into by LESSEE to promote public recreation upon the herc.Lnilefore
,described Coastal Public Lands.
g Q /
.•
further understood ana agreed_thaL twentyz.five,perc'ent
•;-
of the saidross revenues shall'he placed in an interest-
- -,.Orawing 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
•
acilitjes
upon the hereinbefore described Coastal Public Lands;
•
- provided, that upon termination of the lease, anyfunds remaining
• •
said special account, with accrued interest, will.be remitted
to LESSOR; provided further, that plans, drawings -and description
• .-.)
of any public recreational 'facilities funded. oat of_---id'_sriecial
•'account, shall he subalitted to LESSOR for LESSOR'S approval before
construction 4egins. It is further understood-anc-agreedthaL. all
f. -..Z.: - • -..-- .- '-%,. . . -.'-.
-_„- books, records and ledgers kept by LESSEE relating--to-revenulas
• ' - . . .
. - -
- " derived by virtue of contracts or franchise agreesnts:enterAd .
into by LESSEE to promote:public recreation tpon'thellereinbefore
- -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 whatsoeverifor any injury,
. •
loss or-damage.to any person or property -in -or upon.L.the Coastal -
Public Lands hereinbefore described- LESSEE hereby-consents:and
agrees -to assume allliabilitY for or_onaccount-of.:,any injury;..'
•
- -
- lossordamage above describedc-and-to indemnify-,and_Ifore'ver7hold
•
harmless- LESSOR against -each and every .claim, .damand7or cause
. -
- - • . action that.may be made against LESSOR by -reason of .6r -in any way
•
, .
_ . arising out pf any defect or iMPerfection'in any'building,pier,
wharf, sidewalk, driveWay, street, or -any -other -structure in or
ypon the Coastal Public lands leased hereby.„.
- ... • . •
•
EXECUTED in duplicate originals this -the' 1,6af. day of
•
- , 1974
- SCHOOL LAND BOARD OF THE
IATE•OF
• , -
upat&gP0-4-•
•
Jates R_ Riggs
city Attorney
THE STATE OF TEXAS
ATS
k
CITY"- -':CORPUS CRRI
Y.; " •
.1 • 1, "7 -ss• By 1
1.;•M-1;._ 'Read - R. Marvin 'Townsend
City Manager .
f
APPROVED:
COUNTY OF TRAVIS
X
•
12'. ER
rat •
- •
- •
- -
- Ea= ME, the undersigned authority, on this day personally
- • - appeared BOB -ARMSTRONG, Chairman of -the School Land Board of the
_ - .- State of Texas, known to me Lobethaperson and „officer whose:
name is subscribedto 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 considerati
therein expressed and in the capacity therein stated.
GIVE UNgER. MY'RAND AND SEAL OF-OFFICEr this the .2A` day
of , 1974..„,
•
.17.• ,,•. , ,
IJ er)
, ....... ;),
• - -
.
'- 1 No Lary Public in and .for
17N TRAVIS COUNTY, TEXAS '
........
X........ ;,ltOtS
...
THE .STATE OF l'EY..i-AS
. COUNTY OF NUECES.
• -
: EEFORE ME, the undersigned authority, on7-1-his day-personalla
appeared R. MARVIN TOWNSEND, City Manager of the Cityof.Corpus
Christi, Texas, a municipal corporation, known to me to be the
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'
purposes and consideration therein expressed and in the capacity
therein stated. •
CIVI3N UNDER nY HAND AND SEAL OF OFFICE, this the day
of , 1974_
-3-
Notay Public in and for__
NUECES COUNTY, TEXAS
CERTIFI C.A T E
1, 11. E. White, Secretary of tha School Land Board
of the State of Texas, do hereby certify that aL- a meeting'
of the. School Land Board duly held on the lothday of
, 1974, the -foregoing instrument was
July .
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 r am 'custorl; *t_ -
- IBI TESTI?4ONY WHEREOF, witness my land
day of October. , 1974.
this.the
.25th
V t
iq
Sec:-etaryr-OSchnoI. Land Board. -
Corpus Christi, Texas 7�
2 day of A , 19 9
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,
Ale
/171
MAYOR
THE CITY !' CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
following vote:
The above ordinance was pass
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
by the following vote:
16136
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