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Home My WebLink About06956 ORD - 07/17/1963IMS:JKH:7-15 -63 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE WITH THE UNITED STATES OF AMERICA FOR USE BY THE UNITED STATES NAVY OF AN AREA AND FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TERM OF ONE YEAR, ALL AS DESCRIBED IN AN AGREEMENT WITH THE UNITED STATES OF AMERICA, 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, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE WITH THE UNITED STATES OF AMERICA FOR USE BY THE UNITED STATES NAVY OF AN AREA AND FACILITIES AT THE 'A, CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS DESCRIBED IN AN AGREE- MENT WITH THE UNITED STATES OF AMERICA, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT AS PROMPTLY AS POSSIBLE 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER I S PASSAGE, IT IS yACCORDINGLY SO ORDAINED THIS THE DAY of , 19pJ ATT + �YOR �55 THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY // APPROD AS ff THIS D1963: CITY ATtORNeY 69.53 r; f•-- I NAVDOCNS 2393 (REV. 2 -57) ,$ i 8. NAVY ID1:'NTIFICATlON AND ACCOUNTING DATA LEASE,OF REAL PROPERTY •. MANE AND ADDRESS OF USING ACTIVITY LEASE between CITY OF CORPUS CHRISTI, TEXAS 11, LOCAL OOVERNNENT REPRESENTATIVE hereinafter called the "Lessor, D and the United States of America, hereinafter called the ^Government, m .,, THE LESSOR, for his heirs, executors, administrators, successors, and assigns, hereby leases to the Government for Government use;' ` 3 the property described below, and agrees, as part of the rental consideration, to Provide the additional 'facilities and services ` !F. EXPENDITURE ACCOUNT NO. specified herein, in accordance with the terms, conditions, and general provisions set forth on this Page and on the reverse side IN. ALLOFNENT y hereof and to the other provisions, if arty, incorporated herein by attachment or reference. CONTRACT N0. NOy (flI 1. LOCATION AND DESCRIPTION OF PROPERTY A 401x801 reinforced concrete slab and GCA Radar Unit 4 - installed thereon together with a 10' wide access road of flexible base pavement -and 2 pair of direct burial type telephone cable, all to be installed and maintained by the Government and together with the right of use of the existing storm drainage line, the existing duct crossing, the existing tunnel and tower - all as delineated on Exhibit "A". y • "2.• ADDITIONAL SERVICES AND FACILITIES TO BE FURNISHED: NONE •- ,' , 3. TENN.- This lease shall be for the period beginning 7/1/63 ;and ending, 6130/64 , and may, at the option of the Government, be renewed from year to year at the same rental and otherwise upon the terms and condi- tions herein specified, Provided notice be given in writing to the Lessor at least �'40_ days before this lease or any renewal thereof would otherwise expire but no renewal shall extend the Period of occupancy beyond — 6/30/74 4. RENT. The Government shall pay the Lessor annual rent of $ one at the rate of $ ene " Per anntmt , •yeWbfe- ae�4eexrL- ef-eaehr"-Jot of ..hiab s hereby acknowledged. ' S. RESTORATION NOTICE: If the Lessor will require restoration under paraeroPh a ofthe General Provisions, hereof, the Lessor shall give written notice thereof to the Government at least 20 days prior to the expiration date of this lease orany renewal thereof. - ATTEST: 6. EXECUTION BY LESSOR (See Item 6 of Directions) - CITY OF CORPUS CHRISTI CITY SECRETARY. BY: - APPROVED AS TO LEGAL FORM THIS HERBERT W. WHITNEY DAY OF 1963: CITY MANAGER - CITY ATTORNEY IF LESSOR IS A CORPORATION, CERTIFICATION BY SECRETARY OR ASSISTANT SECRETARY: I certify that the Person who signed this agreement on behalf of the Lessor was then the Officer Indicated and this agreement was , duly signed forand in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers, NE T-E v S—ATURE ✓DF,TE - 7. EXECUTION FOR AND ON BEHALF OF THE GOVERNMENT THE UNITED 3TATEB OF AMERICA By reNo-..,t.F o x NAVDOCNS 2393 (REV. 2 -57) ,$ i 8. NAVY ID1:'NTIFICATlON AND ACCOUNTING DATA •. MANE AND ADDRESS OF USING ACTIVITY 11, LOCAL OOVERNNENT REPRESENTATIVE 'OPIO and add,,,,. - Bc. COST B0. APPROPRIATION CHARGEABLE ' E. OB,ECT CLASSIFICATION !F. EXPENDITURE ACCOUNT NO. .G. ACTIVITY ACCOUNTING NO. IN. ALLOFNENT NO. CONTRACT N0. NOy (flI NAVDOCNS 2393 (REV. 2 -57) ,$ i of abandoning such flxtures,addittons or structures to lieu of an obligation to restore. Should a mutually acceptable settle- apes in an amount (as determined by the Secretary or his duly , authorized ment be made, the parties shall enterinto a supplemental agree- representative) which shall be not less than three sor more than ten times the Incurred • ment effecting such settlement. cost by the Lessor In providing such gratuities to any such officer or employee. The, d. MAINTENANCE. The Lessor shall, unless herein specified rights and remedies of the Government provided In this clause shall not be exclusive and are in addition to 1, - + �- •- 9. GENERAL PROVISIONS • • -- .. any other rights and remedies provided In law or under this lease. ' • _ a. ASSIGNMENTS. The Government shall not assign this lease warranty the Government shall have the right to annul this ' k. NON - DISCRIMINATION IN EMPLOYMENT: (1) In connection with • in any event, and shall "not sublet the demised premises except lease without IiabiIIty br in Its discretion to deduct from ' to a desirable tenant. the rental or consideration the'fulI amount of each commission, r PAYMENT: -I- ' percentage, brokerage, or contingent fee. The Government ' t� n� " L-s. t agrees that this covenant shall not apply to licensed real aforesaid provision shall include, but not be limited to the "L following: employment; upgrading, demotion, or transfer; -c usiap'�arit -,x1ty f a estate agents performing their normal functions. recruitment or recruitment advertising; layoff or termination; " °" "y 'h ° ° " ^' "I '' °' " "" " °''•`y `_` °' ",• j^ " GRATUITIES: The Government ma y, by written notice to the 'Lessor, r _° _ ;„ = •"• —ju ' ' "" ^" ^ ° "' '� °' "` "' " ' - ' °"' " ' " terminate the rights of the Lessor under this lease If � it is found, after notice and hearing by the Secretary of the p - • C. RESTORATION: The Government shall have the right, during Navy or his duly authorized reDresentat lve, that gratuities (In ment setting forth the provisions of the non - discrimination - the existence of this lease, to make alterations, attach fix- the form of entertainment, gifts, or otherwise) were offered or ' tures, and erect additions, structures, or signs in or upon the given by the Lessor, or any agent or representative of the - (2) The Lessor further agrees insert the pro- Premises leased (none of which are to be detrimental to or inconsistent Lessor, to any officer or employee of the Government with a vision in sll subcontracts hereunder except subcontracts for de subcontracts with the rights granted to other tenants of the view toward securing a lease or securing favorable treatment . standard commercial supplies or raw materials. property in which said premises are located.) These shall be with respect to the awarding or amendment, or the making of any `determination and remain the property of the Government, and they may be a with respect to the performing of such lease;•.'. - removed or disposed of by the Government prior to the termina- Proulded, that the existence of the facts upon which the Secre- If this lease is entered into after negotlatlon); , rt tion of this lease. The Government, If required by the Lessor, , tary or his duly authorized representative makes such findings (1) The Lessor agrees that the Comptroller General of the " United States or any of his duly authorized representatives on written notice, as provided for In 5 above, shall, before shall be In issue and may be revlewdd in any competent court.' •I , ;� the expiration of this lease, or renewal thereof, restore the premises to the same condition as that existing at the time in the event this lease is so terminated, the Government shall under this lease, have access to and the right to examine any Under pertinent books, documents, of ' entering under this lease, reasonable and ordinary wear and be entitled (i) to pursue the same remedies aoainst the Lessor as It could in the papers and records of the Lessor Involving transactions ' tear and damages by the elements excepted. The Government shall pursue event of a breach of the contract by the Lessor, and (Ill as a penalty in addition to any - have the option of making a cash settlement with the Lessor or other damages to which It may be entitled by law to exemplary dam- (2) This lease is entered Into as a result of negotiations of abandoning such flxtures,addittons or structures to lieu of an obligation to restore. Should a mutually acceptable settle- apes in an amount (as determined by the Secretary or his duly , authorized ment be made, the parties shall enterinto a supplemental agree- representative) which shall be not less than three sor more than ten times the Incurred • ment effecting such settlement. cost by the Lessor In providing such gratuities to any such officer or employee. The, d. MAINTENANCE. The Lessor shall, unless herein specified rights and remedies of the Government provided In this clause shall not be exclusive and are in addition to to the contrary, maintain the premises in good repair and any other rights and remedies provided In law or under this lease. ' • tenantable condition, except In case of damage arising from acts or the negligence of the Governments agents or employees. ' k. NON - DISCRIMINATION IN EMPLOYMENT: (1) In connection with To do so, the Lessor reserves the right at reasonable times to the performance of work under this lease, the Lessor agrees not t ' enter and Inspect the premisesand to make any necessary repairs to discriminate against any employee or applicant for employ- thereto. ment because of race, religion, color or national origin. The e. LOSS OR DAMAGE: If the said 9remises be destroyed by aforesaid provision shall include, but not be limited to the "L following: employment; upgrading, demotion, or transfer; fire or other casualty, this lease shall Immediately terminate, recruitment or recruitment advertising; layoff or termination; ' In case of partial destruction or damage, so as to render the premises untenaffAble, either party may terminate the lease by rates of Day or other forms of compensation; and selection for training, including apprepticeshi,p, The Lessor agrees to post - giving written notice to the other within fifteen days there- hereafter In conspicuous places, available for employees and r after; and if so terminated, no rent shall accrue to the Lessor applicants for employment, notices to be provided by the Govern- , after such partial destruction or damage. ment setting forth the provisions of the non - discrimination - • f• CONDITION REPORT., Prior to the commencement date of this„ clause. +, ,. - lease, a joint physical survey and inspection report of the-, demised premises shall be made, reflecting the then present - (2) The Lessor further agrees insert the pro- • condition, and will be signed on behalf,of•the parties hereto . vision in sll subcontracts hereunder except subcontracts for de subcontracts _ . standard commercial supplies or raw materials. • B• TERMINATION: The Government may terminate this lease at" any time by giving thirty (30) days notice In writing to the I. NEGOTIATION: (The following clauses are applicable only xf+" th' °°".,." . +,l Lessor, • - -n tal sh,11 ° so terminalln If this lease is entered into after negotlatlon); , !` _ h. OFFICIALS NOT TO RfNff/T: No member of or Bela ate .to` 9 (1) The Lessor agrees that the Comptroller General of the " United States or any of his duly authorized representatives • Conoress, or resldeht commissioner, shall be admitted to any lease shall, until the expiration of three years after final payment f, share or part of this or to any benefit that may arise therefrom;'hut this provision shall not be construed to extend under this lease, have access to and the right to examine any Under pertinent books, documents, + to this lease if made with a ,corporation for Its general , papers and records of the Lessor Involving transactions ' benefit. relating to this lease. , -) `a f. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants (2) This lease is entered Into as a result of negotiations ', ''• that no person or selling agency has been employed or retained Uu Pursuant C. 252(c)(9) and rang necessary determinations( ;r. to solicit or secure this lease upon agreement or understanding - for a commission, percentage, brokerage, or contingent fee, a0nd find -, I nos , orother supporting statement of justification, prescribed excepting bona fide employees or bona fide establ lshed commer- he by t applicable act have been made. " cial or sel l ing•agencies maintained by the Lessor for the m, ADDITIONAL PROVISIONS: Provisions Incorporated byattach- y, purpose of securing business. For breach or violation of this ment or reference: W NAVD/);KS 2393 .{REV. 2 -57) (BACK) �• i • " , M1 y -.. !.^ ,�_i�'. -= ____ 1�'�'_"= `r.�.:;'.'_%` =i rV *. —y. ^:- .�.,.-s _ - •�, x�` .Y '•.rrl,' '�� Y �x.'•,'X:. �+;� 'F^r.^� -±r s, -�+"' • - • - � - � � - PFOV.DE 2 CAI}: GiRfiCT .�.A BtA�'(YP_ 7E EEP4k3lIfi �" , ems'` .. •_ - _,Y, :__ ____'___"______� --------------- -. - •. 3�,' Use rll5 .. s - `• •�• - .• .. 'IMP" &rMp 014—.E LY,e "^-IQ` \VICE xKCE:b ROAD ,. - fFx °/F'ta BA 56 4 •� ' P4VAMENT _ _ � 3D')Fq•PG,F }FC.aCEO q \b ° RST6 sCw9 fort ' - - - . GCA -C-A RA GAR VNlT -� - '• . - - _ :CORPUS CHRIST)' MUNICIPAL. AIRpQRT v, }.� Sr•, i.: (LUNWAY;._C -4PL X' y .j ,A 'r -.'. �- � y , ' .: - - • •._ � '•'r• - T`G OUlfO 7Tr � - • - Rey-`- 4��p�.�4�r • -�.,,- �ROgc,+Rr, $ °.R UNIT ' ',•, ":.. . .�` ., � . � � -: ` - ._� ", �K 13I 7 N1 TAKEN CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEX 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 INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES JAMES L. BARNARD JAMES H. YOUNG / JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO 7 W. J. ROBERTS f / W. H. WALLACE, JR. ✓ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: �j JAMES L. BARNARD v"" CLL Y JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON / Qr M. P. MALDONADO W. J. ROBERTS / -� W. H. WALLACE, JR. ✓ /