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HomeMy WebLinkAbout07050 ORD - 10/16/1963AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. FA2 -1869 ' WITH THE FEDERAL AVIATION AGENCY, WAIVING PAYMENT OF THE ANNUAL CONSIDERATION, ALL AS MORE FULLY DESCRIBED IN THE SUPPLEMENTAL AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, ON SEPTEMBER 15, 1963, LEASE No. FA2 -1869 WAS ENTERED INTO BY AND BETWEEN THE UNITED STATES OF AMERICA, REPRESENTED BY THE FEDERAL AVIATION AGENCY, AND THE CITY OF CORPUS CHRISTI FOR QUARTERS FOR AIRPORT TRAFFIC CONTROL TOWER, AT THE INTERNATIONAL AIRPORT FOR THE CON- SIDERATION OF ONE DOLLAR ($1.00) ANNUAL PAYMENT; AND WHEREAS, IT IS THE DESIRE OF THE PARTIES TO THE AFORESAID LEASE TO WAIVE PAYMENT OF THE ANNUAL CONSIDERATION HERETOFORE AGREED UPON: 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE No. FA2 -1869 WITH THE FEDERAL AVIATION AGENCY, WAIVING PAYMENT OF THE ANNUAL CONSIDERATION, AS MORE FULLY DESCRIBED IN THE SUPPLEMENTAL AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID DESCRIBED SUPPLEMENTAL 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 READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DE- CLARED SUCH AN EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS- PENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON 7355 THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS / p DAY OF OCTOBER, 1963. OR ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS CITY ECRETA Y APP V.ED AS TO LEGAL FORM THIS DAY OF OCTOBER, 1963: CITY A ORNEY F e d e r a l A v i a t i o n A g e n c y SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. FA2 -1869 Between CITY OF CORPUS CHRISTI ATCT, and Corpus Christi, Texas' THE UNITED STATES OF' AMERICA WHEREAS, On September 15, 1963, Lease No. FA2 -1869 was entered into by and between the United States of America, represented by the Federal Aviation Agency, and the City of Corpus Christi for quarters for Airport Traffic Control Tower, Corpus Christi International Air- ; port, Corpus Christi, Texas; and Articles 7 and 13 of the said lease provide, for the physical payment of One and No /100 Dollars ($1.00) for the original term and for each renewal thereof; AND WHEREAS, It is the desire of both parties hereto that the receipt and sufficiency of the nominal annual rental be acknowledged and the physical payment of same be waived; NOW, THEREFORE, The parties hereto mutually agree that the physi- cal payment of the annual consideration be waived and receipt thereof be acknowledged by citation with respect to any renewal on and after July 1, 1963; and that the provisions of the original lease be modified to the extent herein provided but in no other respect. IN WITNESS WHEREOF, The parties hereto have hereunto subscribed their names on this, the day of OCTOBER , A. D. 1963. ATTEST: CITY OF CORPUS CHRISTI By: By: RXXb4XRXXNX10NN3BN1 R. MARVIN TOWNSEND T1nmxXAexxNax2xxXXMXNXaeR Title: ACTING CITY MANAGER T. RAY KRING CITY SECRETARY S E A L THE ITED 7St:ES 7OXY RIC A APPROVED AS TO LEGAL FORM THIS : 7. DAY OF OCTOBER, 1963: "J. T. Sammons ", Chief Real Estate and Utilities Unit Installation and Materiel Division CITY ATTORNEY ✓ FAA, Fort Worth, Texas C E R T I F I C A T E I, T. RAY KRING certify that I am the CITY Secretary of the City of Corpus Christi named as lessor in the attached supple- r mental agreement; that R. MARVIN TOWNSEND who signed said supplement on behalf of the lessor, was then ACTING CITY MANAGER i of said City of Corpus Christi; that said supplement was duly signed for and in behalf of the said City of Corpus Christi by authority of its governing body, and is within the scope of its corporate powers. (CORPORATE SEAL) CORPUS CHRISTI, TEXAS YDAY OF 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 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 VOTE: JAMES L. BARNARD c?' --e• JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE: JAMES L. BARNARD i JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.