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Home My WebLink About06253 ORD - 08/16/1961• " JKH:8 -16 -61 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT IN THE FORM OF A REVOCABLE PERMIT TO THE UNITED STAT REVOCABLE PERMIT DATED JUNE 2 , 19 1, CONCERNING PROPERTY LOCATION AUTHORIZED BY ORD N NC M-0 .76Tgo, FOR THE USE BY THE UNITED STATES COAST GUARD OF AN AREA LOCATED NEAR 7H K5 ON THE SOUTH SHORE OF SHIP CHANNEL, ALL AS MORE PARTICULARLY DE- SCRIBED AND SET FORTH IN THE PERMIT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF THE CITY, BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT IN THE FORM OF A REVOCABLE PERMIT TO THE UNITED STATES COAST GUARD IN LIEU OF A REVOCABLE PERMIT DATED JUNE 28, 1961, CONCERNING PROPERTY LOCATION AUTHORIZED BY ORDINANCE NO. 6190, FOR THE USE BY THE UNITED STATES COAST GUARD OF AN AREA DESCRIBED AS THE EAST 30 FEET OF THE WEST 40 FEET OF LOT 2, BLOCK 93, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, LOCATED NEAR THE Ci- ARGE DOCKS ON THE SOUTH SHORE OF THE SHIP CHANNEL, ALL AS MORE PARTICULARLY DESCRIBED AND SET FORTH IN THE PERMIT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR GRANTING THIS PERMIT TO THE UNITED STATES COAST GUARD, TO ERECT, CONSTRUCT, MAINTAIN AND USE NAVI- GATIONAL AID CREATES AN EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE- QUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDI- NANCE 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 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH clr2l'.5a_D ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE D AY OF 1g61. AT � t C TY SIfCIkE T Y APPROVED AS TO LEGAL FOR THIS '7 /o _ DAY OF , 1961: 7"" j --n4' I L CITY TORNEY MA OR THE-CITY OF CORPUS CHRISTI, TEXAS PER41T THIS AGREEMENT, MADE 400 ENTRIES' INTO THIS DAY Of IN THE YEAR ONE THOUSAND NINE HUNDRA_ AED BY AND BETWEEN _ CITY OF COREQ5 CHRISTI WHOSE ADDRESS 18 B_� 1622, CORPUS CHRISTI, TEXAS, I FOR ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREIMAFT98 CALLED THE PERMITTER ANO THE UNITED STATES OF AMERICA, HEREINAFTER CALLED THE GOVERNMENTS WITNESSETHR THE PARTIES HERETO FOR THE CONSIDERATION HEREINAFTER MENTIONED CONVENANT AND AGREE AS FOLLOWSS 1. THE PERMITTER HEREBY GRANTS TO THE GOVERMENT THE RIGHT AND PRIVILEGES TO ERECT, MAINTAIN, OPERATE AND/oil REPLACE AR AID TO NAVIGATION STRUCTURE TO BE KNOWN AGE Corpus Christi Channel Cut s West Masi,. Front Light (ACLL 7017) 09 THE PROPERTY Of THE PERMITTER, MORE PARTICULARLY DESCRIBED AS FOLLOWSS An shown on excerpt Copy of U.S. Coast and Geodetic Survey Chart No. 523, marked Exhibit "A ", dated July 1981, and incorporated by reference herein. 2. THE PERMITTER FOR HER GRANTS TO THE GOVERMENT THE RIGHT OF INGRESS AND EGRESS THERETO AND THEREFROM OVER THE LAtl08 OF THE PERMO TTOR FOR THE GOVERMENT, ITS CONTRACTORS 08 OTHER DULY AUTHORIZED REPRESENTATIVES, NECESSARY 08 CONVENIENT FOR THE MAINTENANCE, OPERATION, REPLACEMENT 09 REPAIR OF SAID AID TO NAVIGATION, OtlCLUDO RB RI BHT=0Fd1AY FOR ELICTBICAL POWER LINES ACROSS THE PROPERTY OF THE PERMITTER FOR THE OPERATION OF SA 10 A00. THE PERMITTER FURTHER GRANTS TO THE GOVERMENT THE RIGHT TO MAINTAIN THE RANGE LINES TO BARD AID XRES FROM OBSTROCT$0IS, DEBRIS, BRUSH, ANO/OR TRIES, 3. THE GOVERMENT 8HALL NOT AT A I Y TIME MAKE ANY CHANGES IN TOE LOCATION OF ITS STRUCTURES WITHOUT THE CORBEtl7 10 WRITItl6, OBTA ItlED BEFORBRABD, OF THE PERMITTER. d. THE PEMOTTOR SHALL NOT BE RESPONSIBLE FOR THE CASH, MAINTENANCE OR SAFEKEEPING OF ANY OF THE PROPERTY OR EQUIPMENT OF THE GOVERMENT INSTALLED UPON THE PROPERTY OF THE PEMOTTOR PURSUANT TO THIS AGREEMENT. S. AA EQUIPMENT ON OTHER PROPERTY PLACED UPON THE SAME PREMISES BY THE GOVERMENT SHALL REMAIN ITS PROPERTY Atl0 MAY BE RSHOVED BY THE GOVERMENT AT ANY TIME. S. THE GOVER WENT $HALL, ON CONSIDERATION OF THIS PERMIT, PAY TO THE PEMITTOR, THE SUM OF $1.00 PER ANNUM, PAYABLE IN ARREARS AT THE END OF EACH FISCAL YEAR (30 ,SINE). To THOS PEM IT MAY BE TSNMIRATF0 BY EITHER PARTY GIVING TO THE OTHER PARTY, THIRTY (30) DAYS WRITTEN NOTICE IN ABVI NCE OF INTENDED TEEMItlAT0ON DATto S. NO MEMBER OF OR DELEGATE TO CONGRESS OR RESIDENT COMMISSIONEH SMALL Bt ADMITTED TO ANY SHARE OR PART OF THIS PERMIT OR TO ART BENEFIT TO ARISE THEREFROM. NOTHING, HOWEVER, HEREIN CONTAINER SHALL BE CONSTRUED TO E KTENO TO ABT IBCOR PIRATED COMPANY, OF THE PERMIT BE FOR THE GENERAL BENEFIT OF SUCH COMPANY OR CORPORATION. S. THIS AGREEMENT SHALL BE AND BECOME EFFECTIVE AS OF THIS OAT OF . IB IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNTO SUBSCRIBED THEIR NAMES AS OF THE DATE FIRST ABOVE WRITTEN. ATTEST: GY CITY MANAGER PEM I TTOB APPROVED AS TO LEGAL FORM, AUGUST 16, 1961: ADDRESS CITY ATTORNEY THIS PERMIT IS EXECUTED BY THE PERMITTER IB ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF. DATE UNITED STATES OF AMERICA BY TITLE PERMIT THIS AGREEMENT, MADE AND ENTERED' INTO THIS DAY OF, ♦ iN THE YEAR ONE THOUSAND NINE HONOR -. AND ®� By AND BETWEEN C 1 TY OF CORPUS CHRIST I WHOSE AODBESB IS BOX 1622 CORPUS CHRISTI. TEXAS, __Foe ITS REIHS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREINAFTER CALLED THE PERMITTOR AND THE UNITED STATES OF AMERICA, HEREINAFTER CALLED THE GOVERUMENTS WITNESSETNR THE PARTIES HERETO FOR THE CONSIDERATION HEREINAFTER MENTIONED CONVESANT AND ASEER AS FOLLOWS$ 1. THE PERMITTOR HEREBY GRANTS TO THE GOVERNMENT THE ROBOT AND PROVILEBES TO ERECT, MAINTAIN, OPERATE AND/OR REPLACE AN AID TO NAVIGATION STRUCTURE TO BE KNOWN ASS Corpus Christi Channel Cut 8 West Range front JJZht (eCLL 7017) ON THE PROPERTY OF THE PBRMOTTOR, MORE PARTICULARLY DE80RIBEO AS FOLLOWS$ AS Shown on oxcerpt COPY of [1.4. Coast and Geodetic Survey Chart N'O. 523, marked Exhibit "WOU dated 5u17 1961, and incorporated by reference horein. ie THE PERMOTTOR FORT HER QUINTS TO THE GOVERNMENT THE RIGHT OF INGRESS AND EGRESS THERETO AND THEREFROM OVER THH L4308 OF THE PERMI .1 TOR FOR THE GOVESUMENT, ITS CONTRACTORS OR OTHER DULY AUTHORIZED REPRESENTATIVES, BECESSARV 08 CONVENIENT FOR THE MAINTENANCE, OPERATION, REPLACEMENT 08 REPAIR OF SAID 410 TO NAVIGATION, ONCLOOONG R08HT -OF -WAY FOR ELECTRICAL POWER LINES ACROSS THE PROPERTY OF THR PERMITTOR FOR THE OPERATION OF 8A ID AID. TN8 PERMITTOR FORTNER GRANTS TO THE GOVERNMENT THE RIGHT TO MAINTAIN THE RANGE LINES TO 8 &00 AID FREE FROM OBSTRUCTIONS, 0E8808, BRUSH, ANO/OR TREES, 3. THE GOVERITIERT SHALL NOT AT ANY TIME MAKE ANY COARBES IN THE LOCATION OF ITS STRUCTURES WITHOUT THE C4811117 10 WRITIN B, OBTAINED BEFOREHAND, OF TOE PERMITTOR. A. THE PERMOTTOR SHALL NOT BE RESPONSIBLE FOR THE CARE, MAINTENANCE 08 SAFEKEEPING OF ANY Of THE PROPERTY OR EQUIPMENT OF TRUE GOVERNMENT INSTALLED UPON THE PROPERTY OF THE PERMOTTOR PURSUANT TO THIS AGREEMENT. S. ALL EQUIPMENT OR OTSEB PROPERTY PLACED UPON THE SAME PREMISES BY THE GOVERNMENT SHALL REMAIN ITS PROPERTY AND MAY BE REMOVED BY THE GOVERNMENT AT ANY TOME. S. THH GOVERNMEKT StlILL, ON CONSIDERATION OF THOS PEOMIT, PAY TO THE PERMITTOR, THE SUM OF $1.00 PER ANNUM, FAYABLE IO ARREA68 AT THE END OF EA CR F18CAL YEAR (30 JOBE). T. THOS FERMOT MAY BE TERMINATED eY EITHER PARTY GIVISO TO THE OTHER PARTY, THIRTY (30) NATO WRITTER NOTICE IN ADVANCE OF INTENDED TERMORATION DATE. S. NO MEMBER OF OR DELRBATE TO GOIGRESS OR RESIDENT COMMISSIONER SHALL BE ADMITTED TO ANY SHARE 08 PART OF THIS PE BMIT OR TO ANY BENEFIT TO ARISE THEREFROM. NOTHING, HOWEVER, HEREIN CONTAINED SHALL BE CONSTRUED TO EXTEND TO ANY INCOHPOOATEO COMPANY, IF THE PERMIT BE FOR TIME GENERAL BEORFIT OF SUCH COMPANY OR CORPORATION. N. THIN A0RH8MENT SHALL BE AND BROOME EFFECTIVE AS OF THIS OAT OF , IS IN WITTINESS WHEREOF, THE PARTIES HERETO HAVE HERRUSTO SUBSCRIBED THEIR NAMES AS OF THE DATE FIRST ABOVE WRITTEN. ATTEST: RY CITY MANAGER KMOTTON APPROVED AS TO LEGAL FORMA AUGUST 16, 1961: ADEEESS CITY ATTORNEY THIS PERMIT IB EXECUTED BY THE PRIMOTTEE IN ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF. BATE UNITED STATES OF AMERICA By TITLE 1 a CERTIFY THAT I AM THE OF THE CORPORATION NAMED AS PERMITTOB 18 THE ATTACKED PERMITN THAT y WHO SIGNED SAID PERMIT OS BEHALF OF THE PERMITTOR, WAS THEN OF SAID CORPORATIONS THAT SAID PERMIT WAS DULY SIGNED FOB AND IN SEUALF OF SAID CORPORATIOR BY AUTHORITY OF ITS GOVERNING BODY AND WITHIN THE SCOPE OF ITS CORPORATE POWERS. (SUL) /rn DO, cuff -- !;F=- , We ----------------------- to a to 1j M to to B i 11 if It It ED AN 5 12 le 5 9 A 7 12 0 t2 F1 R 4., TO 12 17 IJ 12 12 11 13 0115 to I 1 13 40 12 6) 9 10 11 9 wSe to 91; tt 9 MS A to to —�\, I -40, It FIF" q.'cHART, YVi� 51233 ;o DATE_ CORPUS CHRISTI TEXAS ALDAY OF I9LL TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING 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 INTRODUCEI)p AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1', THEREFORES HEREBY 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, i►� - Aff THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MICDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JosE R. DELEoN M. P. 14ALOOMADo aL W. J. ROBERTS JAMES H. Y9UN6 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD x JOSE R. DELeON M. P. MALOON ADD W. J. ROBERTS JAMES H. YOUNG Cc.�p