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HomeMy WebLinkAbout025005 ORD - 09/09/2002AN ORDINANCE APPROVING ASSIGNMENT OF THE "FIVE YEAR LEASE WITH JOHN- SON SURVIVOR'S TRUST, LEO E. JOHNSON, TRUSTEE, SUBMERGED LAND ADJACENT TO LOT 2, BLOCK G, BROOKLYN ADDN." (ORDI- NANCE NO. 023250) TO CHANNEL INVESTMENTS, LTD.; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, on Mamh 10, 1998, the City Council approved, by Ordinance No. 023250, the "Five Year Lease with Johnson Survivor's Trust, Leo E. Johnson, Trustee, Submerged Land adjacent to Lot 2, Block G, Brooklyn Addn." ("Five-Year Lease") and, the lease was duly executed and presently remains in effect in good standing, without default; and WHEREAS, the current trustee, Wayne A. Johnson, II, of the Johnson Survivor's Trust, has requested that the City Council approve assignment of the Five-Year Lease to Channel Investments, Ltd., a Texas limited partnership, and Channel Investments, Ltd., joins in the request. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The assignment of the Five-Year Lease with Johnson Survivor's Trust, Leo E. Johnson, Trustee, is approved; provided that all terms and conditions of the Five-Year Lease shall remain in full force and effect and that Channel Investments, Ltd., shall assume full responsibility for the Johnson Survivor's Trust's obligations contained in the Five-Year Lease. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate ac- tion necessary for the efficient and effective administration of City affairs and (2) sus- pends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordina~c.e is passed arid takes effffct upon first reading as an emergency measure on the ~-~lay of ',~ ~.~. ,2002. ATTEST: CITY OF CORPUS CHRISTI ,~m,~-~l~, City Sc~cretary APPROVED AS TO LEGAL FORM on the ¢~'~ day of Samuel L. I",l~/al, ~ , 2002. -! ray, City Attorney ~ R. Hundle~, ^ssi~ttant City ^tto~ Corpu~s2_hristi, Texas(~ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emer- gency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Char- ter rule and pass this ordinance finally on the date it is introduced, or at the present meet- ing of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor Council Members The above ordinance was passed by the following vot~ Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott