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Home My WebLink About06471 ORD - 03/28/1962JKH:3 -28 -62 �; v i 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 IN1HE FORM OF A REVOCABLE PERMIT TO THE UNITED STATES COAST GUARD IN LIEU OF A REVOCABLE PERMIT DATED AUGUST 16, ig61, FOR THE USE BY THE UNITED STATES COAST GUARD OF AN AREA 15 FEET SQUARE LOCATED NEAR THE CITY BARGE DOCKS ON THE SOUTH SHORE OF 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; 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 AUGUST 16, 1g61, FOR THE USE BY THE UNITED STATES COAST GUARD OF AN AREA 15 FEET SQUARE LOCATED NEAR THE CITY BARGE 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 NAVIGATIONAL AID CREATES AN EMERGENCY AND AN IMPERATIVE PUBLIC NECES- SITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE ` OR RESOLUTION SHALL BE PASSED FINALLY ON,THE DATE OF ITS INTRODUCTION 1 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS- PENSION OF SAID 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 PAS AGE, IT CIS ACCORDINGLY PASSED AND APPROVED, THIS THE �DAY OF / �c.c r (� 1962• ATT THE CITY OF CORPUS CHRISTI, T AS CI Y SECR TAF �.4YOR APPROVED AS UTO LEGAL FORM THIS DAY OF Jy �1n 19621 C� �p �y g /I . IAA yr n vn.i 64 C A CITY ATTORN Y O THIS AGREEMENT, MADE AND ENTERED INTO THIS IN THE YEAR ONE THOUSAND NINE HUNDRED AND Fj'2 s BY AND BETWEEN — WHOSE ADDRESS IS�o� 622 FOR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREINAFTER CALLED THE PERMITTOR AND THE UNITED STATES OF AMERICA, HEREINAFTER CALLED THE GOVERNMENT- WITNESSETH- THE PARTIES HERETO FOR THE CONSIDERATION HEREINAFTER MENTIONED CONVENANT AND AGREE AS FOLLOWSI 1. THE PERM IiT OR NE REST GRANTS TO THE GOVERNMENT THE RIGHT AND PRIVILEGES TO ERECT, MAINTAIN, OPERATE AND/OR REPLACE AM AiD TO NAVIGATION STRUCTURE TO BE KNOWN AS- Corpus Christi Channel Cut 8 Nest Range Front sight (ACLL 7817) ON THE PROPERTY OF THE PERMITTOR, MORE PARTICULARLY DESCRIBED AS FOLLOWS- As shown 032 Oscerpt copy of U.S. Coast and Geodetic Survey Chart go. 523, marked Exhibit "A ", dated January 1962$ andincorporated by reference herein: h � , n 2. THE PERMITTOR FURTHER GRANTS TO THE GOVENRM ENT THE RIGHT OF INGRESS AND EGRESS THERETO AND THEREFROM OVER THE LANDS OF THE PE RM I7 TOR FOR THE GOVEfl LAMENT, ITS CONTRACTORS OR OTHER DULY AUTHORIZED REPRESENTATIVES, NECESSARY OR CONVENIENT FOR THE MAINTENANCE, OPERATION, REPLACEMENT OR REPAIR OF SAID AID TO NAVIGATION, _ INCLUDING RIGNT -OF -WAY FOR ELECTRICAL POWER LINES ACROSS THE PROPERTY OF THE PERMITTOR FOR THE OPERATION OF SAID A10. THE PERMITTOR FURTHER GRANTS TO THE GOVERNMENT THE RIGHT TO MAINTAIN THE RANGE LINES TO SAID AID ,FREE FROM 08 STR UCTIONS, DEBRIS, BRUSH, AND/OR TREES. 3. jNE GO VER INTENT SHALL NOT AT ANY TIME MAKE ANY CNA NGES IN THE LOCATION OF ITS STfl UCTUfl ES WITHOUT THE CONSENT IN WRITING, OBTAINED BEFOREHAND, OF THE PERMITTOR. �. THE PERMITTOR SHALL NOT BE RESPONSIBLE FOR THE CARE, MAINTENANCE OR SAFEKEEPING OF ANY OF THE PROPERTY OR EQUIPMENT OF THE GOVERNMENT INSTALLED UPON THE PROPERTY OF THE PERMITTOR PURSUANT TO THIS AGREEMENT. S. ALL EQUIPMENT OR OTHER PROPERTY PLACED UPON THE SAME PREMISES BY THE GOVERNMENT SHALL REMAIN ITS PROPERTY AMC MAY BE REMOVED B7 THE DOVER INTENT AT ABY TIME. _ 6. THE GOVERNMENT SHALL, IM CONSIDERATION OF THIS PERMIT, PAY TO THE PERK ITTOR, THE SUM OF 81.00 PER ANNUM, PAYABLE IN ARREARS AT THE EXD OF EACH FISCAL YEAR (30 JUNE ). T. THIS PERMIT MAY BE TERMINATED BY EITHER PARTY GIVING TO THE OTHER PARTY, THIRTY (30) DAYS WRITTEN NOTICE IN ADVANCE OF INTENDED TERMINATION DATE. B. NO MEMBER OF OR DELEGATE TO CONGRESS OR RESIDENT COMMISSIONER SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS PERMIT OR TO ANY BENEFIT TO ARISE THEREFROM. NOTHING, NOWEYE R, HEREIN CONTAINED SHALL BE CONSTRUED TO EXTEND TO ANY INCORPORATED COMPANY, IF THE PERMIT BE FOR THE GENERAL BENEFIT OF SUCH COMPANY OR CORPORATION. 9. THIS AGREEMENT SMALL BE AND BECOME EFFECTIVE AS OF THIS DAY OF , 19_ IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNTO SUBSCRIBED THEIR NAMES AS OF THE DATE FIRST ABOVE WRITTEN. ATTEST: CITY OF CORPUS CHRISTI Br CITY SECY. X WAR ITV ANAGER PERM ITTOq APROVED AS TO LEGAL FORM THIS 28TH DAY OF MARCH, 1962: ADDRESS THIS PERMIT IS EXECUTED BY THE PERMITTEE IN ACKNOWLEDGMENT ANU ACC PT0NCEEOF THE TERMS AND CONDITIONS THEREOF. DATE UNITED STATES OF AMERICA BY TITLE PERM IT THIS AGREEMENT, MADE AND ENTERED IN70 THIS I DAY OF IN THE YEAR ONE THOUSAND NINE HUMORED AND , BY AND BETWEEN WHOSE ADDRESS 18 FOR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREINAFTER CALLED THE PERMITTOR AND THE UNITED STATES OF AMERICA, HEREINAFTER CALLED THE GOVERNMENTS WITNESSETHT THE PARTIES HERETO FOR THE CONSIDERATION HEREINAFTER MENTIONED CONVENANT AND AGREE AS FOLLOW82 1. THE PERMITTOR HEREBY GRANTS TO THE GOVERNMENT THE RIGHT AND PRIVILEGES TO ERECT, MAINTAIN, OPERATE AND %R REPLACE AN AID TO NAVIGATION STRUCTURE TO BE KNOWN ASS ON THE PROPERTY OF THE PERMITTOR, MORE PARTICULARLY DESCRIBED AS FOLLOWSS ' 2. THE PERMITTOR FURTHER GRANTS TO THE GOVERNMENT THE RIGHT OF INGRESS AND EGRESS THERETO AND THEREFROM OVER THE LANDS OF THE PERMITTOR FOR THE GOVERNMENT, ITS CONTRACTORS OR OTHER DULY AUTHORIZED REPRESENTATIYES, NECESSARY OR CONVENIENT FOR THE MAINTENANCE, OPERATION, REPLACEMENT OR REPAIR OF SAID AID TO NAVIGATION; INCLUDING RIGHT -OF -WAY FOR ELECTRICAL POWER LINES ACROSS THE PROPERTY OF THE PERMITTOR FOR THE OPERATION OF SAID AID, THE PERMITTOR FURTHER GRANTS TO THE GOVERNMENT THE RIGHT TO MAINTAIN THE RANGE LINES TO SAID AID YREE FROM OBSTRUCTIONS, DEBRIS; BRUSH, AND /OR TREES. 3. THE GOVERNMENT SHALL NOT AT ANY TIME MAKE ANY CHANGES IN THE LOCATION OF ITS STRUCTURES WITHOUT THE CONSENT IN WRITING, OBTAINED BEFOREHAND, OF THE PERMITTOR. �. THE PERMITTOR SHALL NOT BE RESPONSIBLE FOR THE CARE, MAINTENANCE OR SAFEKEEPING OF ANY OF THE PROPERTY OR EQUIPMENT OF THE GOVERNMENT INSTALLED UPON THE PROPERTY OF THE PERMITTOR FURSUANT TO THIS AGREEMENT. S. ALL EQUIPMENT OR OTHER PROPERTY PLACED UPON THE SAME PREMISES BY THE GOVERNMENT SHALL REMAIN ITS PROPERTY AND MAY BE REMOVED BY THE GOVERNMENT AT ANY TIME. S. THE GOVERNMENT SHALL, IN CONSIDERATION OF THIS PERMIT, PAY TO THE PERMITTOR, THE SUN OF $1.00 PER ANNUM, PAYABLE IN ARREARS AT THE ENO OF EACH FISCAL YEAR (30 JUNE). 7. THIS PERMIT MAY BE TERMINATED BY EITHER PARTY GIVING_ TO THE OTHER PARTY, THIRTY (30) DAYS WRITTEN NOTICE IN ADVANCE OF INTENDED TERMINATION DATE. S. NO MEMBER OF OR DELEGATE TO CONGRESS OR RESIDENT COMMISSIONER SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS PERMIT OR TO ANY BENEFIT TO ANISE THEREFROM. NOTHING, HOWEVER, HEREIN CONTAINED SHALL BE CONSTRUED TO EXTEND TO ANY INCORPORATED COMPANY, IF THE PERMIT BE FOR THE GENERAL BENEFIT OF SUCH COMPANY OR CORPORATION. 9. THIS AGREEMENT SHALL BE AND BECOME EFFECTIVE AS OF THIS OAY OF , 19 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNTO SUBSCRIBED THEIR NAMES A8 OF THE DATE FIRST ABOVE WRITTEN. Br ITNES8 EAMITTON ADDRESS THIS PERMIT IB EXECUTED BY THE PERMITTEE IN ACKNOWLEO A ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF. UNITED STATES OF AMERICI .� Br DATE TITLE • CORPUS CHRISTI TEXAS 'f Di DAY OFf TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 3F 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 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, 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. x RESPECTFULLY, 'MAYOR THE CITY OF CORPUS CHRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG O THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BEN F. MFDONALD TOM R. SWANTNER ` DR. JAMES L. BARNARD JOSE R. DELEON �O M. P. MALDONADO W. J. ROBERTS p JAMES H. YOUNG r a