HomeMy WebLinkAbout08058 ORD - 06/15/1966AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO ENTER
INTO A LEASE WITH THE UNITED STATES OF AMERICA, CONCERN-
ING THE LEASE OF A TRACT OF LAND IN THE EVELYN PRICE PARK
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE
LOCATION OF THE AIR SURVEILLANCE RADAR INSTALLATION TO BE
OPERATED BY THE FEDERAL AVIATION AGENCY, ALL AS MORE FULLY
SET OUT IN THE LEASE AGREEMENT, 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, TEXAS, TO
ENTER INTO A LEASE WITH THE UNITED STATES OF AMERICA, CONCERNING THE LEASE
OF A TRACT OF LAND IN THE EVELYN PRICE PARK IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FOR THE LOCATION OF THE AIR SURVEILLANCE RADAR INSTALLA-
TION TO BE OPERATED BY THE FEDERAL AVIATION AGENCY, ALL AS MORE FULLY SET
OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF.
SECTION 2. THE NECESSITY TO ENTER INTO THE HEREINABOVE DESCRIBED
LEASE IN ORDER THAT THE RADAR INSTALLATION MAY BE INSTALLED AS PROMPTLY AS
POSSIBLE TO PROVIDE BETTER AIR SAFETY FOR AIRCRAFT IN AND AROUND THE CORPUS
CHRISTI AREA 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 ORDI-
NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND
NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FFR07 AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE FE/-AY OF JUNE, 1966.
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T Y C E Y MAYOR
APPROVED TO 4LEL THIS THE CITY OF
CORPUS CHRISTI, TEXAS
__LS OF JUNE, 9
X�.
CITY ATTOR'EY OF
IN,
" - FEDERAL AVIATION AGENCY
LEASE
between
CITY OF CORPUS CHRISTI, TEXAS
and
THE UNITED STATES qF AMERICA
Lease No.:
Air Surveillance Radar -5
Evelyn Price Park
Corpus Christi, Texas
1. This LEASE, made and entered into this .1 day of ✓
in the year one thousand nine hundred and sixty -six
by and between City of Corpus Christi, Texas
whose address is City Hall
Corpus Christi, Texas
for itself, its Xt61 # H, administrators, successors, and
assigns, hereinafter called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the
Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
2. The lessor hereby leases to the Government the following described property, hereinafter
called the premises, viz: A 200 -foot by 200 -foot plot of ground located in Evelyn
Price Park fronting on Gollihar Road between Kasper Street and Weber Road in
the City of Corpus Christi, Nueces County, Texas, The site is more particularly
described as follows:
Commencing at a 5/8" iron rod at the most eastern corner of the W. C. Lowery
Park, as recorded in Volume 24, page 83 of the deed record, on file with the Clerk
of Court, Nueces County, Texas, g0 g_61b 4 +
W for 10 feet to the 7 -E for 5$ :feet; thence S- 280- 17' -54 "-
W for 1 '- �+ point of beginning; thence 5 -61 -47' -E for 200 feet; thence
7 54 -W for 200 feet; thence N- 610 -47' -W for 200 feet; thence N- 289 -17'-
54 " -E for 200 feet to he point of beginning and containing 0.92 acres more or less
at latitude 270-43'-57" and longitude 971- 23' -60 ".
Page 1 Form FAA -413 (8-60)
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IN -WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the
first above written.
As the holder of a mortgage dated _ CITY OF CORPUS_ CARISTI,__—
- Together with aright -of -way for ingress and egress to and from the premises; a right -ot -way
— -ights -of -way for establishing and maintaining a pole line or pole lines for extending electric
>r and telecommunications facilities to the premises; and rights -of -way for subsurface power,
Libr' '
w.nnlunication and water lines to the premises; all rights -of -way to be over the said lands and
adjoining lands of the lessor and, unless hereindescribed by metes and bounds, to be by routes
reasonably determined to be the most convenient to the Government;
And the right of grading, conditioning, installing drainage facilities, and seeding the soil of
the premises, and the removal of all obstructions from the premises which may constitute a hin-
drance to the establishment and maintenance of air navigation and telecommunications facilities.
And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in
or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon or
attached to the said premises shall be and remain the property of the Government and may be
roved upon Gov l within
ernment or grantees or purchasers of aidfixtures, additions, structures, or signs. the
3. To HAVE AND To HOLD the said premises with their appurtenances for the term beginning
July 1, 1966 and ending with June 30, 19 67
4. The Government shall pay the lessor, for the premises, rent at the following rate for the
term set forth in Article No. 3 above: One and No /100 Dollars ($1.00), the receipt
and sufficiency of which are hereby acknowledged.
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li. This lease 71,0a0t thone tared NoWOO Dollare)�, btheenee� ipt an sufficiency of
annual rental of 4 1 ( which are hereby acknowledged,
and otherwise upon the terms and conditions herein specified. The Government's option shall
be deemed exercised and the lease renewed each year for one year unless the Government gives
30 days' notice that it will not exercise its option, before this lease or any renewal thereof expires;
PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises
beyond the 30th day of June 19 71 • AND PROVIDED FURTHER, that adequate appropria-
tions are available from year to year for the payment of rentals.
6. No Member of Congress or Resident Commissioner shall be admitted to any share or
part of this lease or to any benefit to arise therefrom. Nothing,
lease be for the general benefit shall
be construed to extend to any incorporated company, if the
such corporation or company.
7. This lease is subject to the additional provisions which are set forth on the attachment,
initialed by the parties hereto, and made a part hereof, identified as follows:
a. Articles 8, 9, and 10 attached hereto.
b. Plat Map of lease site in Evelyn Price Park.
Page 2 Form FAA413 (3-60)
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IN -WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the
first above written.
'As the holder of a mortgage, dated CITY OF CORPUS CHRISTI,
recorded in
Liber ------------ -- --------------- pages -- -- -- - --
................. against the above - described
premises, the undersigned hereby con-
sents to the foregoing lease and agrees
that if, while the lease is in force, the
mortgage is foreclosed, the foreclosure
shall not void the lease.
None
Mortgagee.
Hy:,
HERBERT W. WHITNEY Lessor.
✓ — _ CITY MANAGER
(Title)
ATTEST:
---- -- -- ---- ------------ - -- --- -- ----- - ------ ---------------- -- - - -- - --
CITY SECRETARY "'"X
APPROVED AS TO LEGAL FORM JULY 13, 1966:
-------- -- - - -- --------------------------------------------------
CITY ATTORNEY :LdA9b X
------- -------- ° °------ ---------•------------------_--------- -----
Lessor.
THE UNITED STATES OF AMERICA,
By-------------------------------•---------------------------------------
(If the lessor is a corporation appropriate Certificate shall be executed by the secretary or assistant secretary in
the apace provided below. Also, if acknowledgment by notary is required, such may be inserted in the space
provided below.)
I, • T. RAY KR I NG , certify that I am the � �
Secretary of the'corporation named as Lessor in the attached lease; that
HERBERT W. WHITNEY , who signed said lease on behalf of the
Lessor, vas then i CITY MANAGER of said corporation; that said
lease vas duly signed for and in behalf of said corporation by authority of
its governing body, and is within the scope of its corporate powers.
((ORPOPATE SEAL)
uxwvameresrrwe +lxoomce,+em— o-%>ses+ Page 3
Form FAA -413 (3-60)
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8. It is understood and agreed that, upon termination or expiration
of this lease, the Government shall remove all of its equipment and,
if requested by the Lessor in writing within a period of thirty (30)
days from the date of termination or expiration of the lease, the
Government shall remove all concrete foundations and other obstructions
to a depth of two (2) feet below normal ground level, and all holes
left by such removal shall be filled, and the property returned to
the Lessor as nearly as possible in its former condition, less reason-
able wear and tear.
9. It is understood and agreed that all structures on the leased site
will be constructed and maintained in a presentable manner to con-
form with good building practices; that all vegetation will be kept
mowed to conform to any and all city ordinances.
10. The words "heirs, executors" in Article I and the sentence be-
ginning with "Payment" and ending with the word "vouchers" in Article
4 were deleted, and this Article 10, as well as Articles 8 and 9, were
added and made a part hereof prior to the signature of any of the
parties to the lease.
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CORPUS CHRISTI, TEXAS
�eJ DAY OF 19L(
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; 1, 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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON La
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
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