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HomeMy WebLinkAbout08317 ORD - 01/11/1967• IMS:JKH:1 -7 -67 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY, TO ACCEPT AND APPROVE AN AMENDMENT TO AN ASSIGNMENT AGREEMENT BETWEEN THE ,CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND AL KRAKOW DBA CORPUS CHRISTI AVIATION, OF SAN PATRICIO COUNTY, TEXAS, WHICH ORIGINAL ASSIGNMENT WAS AUTHORIZED BY ORDINANCE NO 8231 SO AS TO REDUCE THE AREA LEASED TO 152,000 SQUARE FEET AND PROVIDING FOR ESCROW OF FUNDS ADVANCED BY ASSIGNEE, A COPY OF WHICH AMENDMENT 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 APPROVE AND ACCEPT AN AMENDMENT OF ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND AL KRAKOW DBA CORPUS CHRISTI AVIATION, OF SAN PATRICIO COUNTY, TEXAS, FOR A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE, WHICH ORIGINAL ASSIGNMENT WAS EXECUTED UNDER AUTHORITY OF ORDINANCE No. 82312 REDUCING THE AREA LEASED TO 760, X 2001, AS SHOWN AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A -1 °, ATTACHED TO SAID AMENDMENT, AND MAKING OTHER CHANGES IN SAID ASSIGNMENT AGREEMENT, A COPY OF SAID AMENDED ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE APPROVAL BY THE CITY OF THE PROPOSED AMENDMENT OF ASSIGNMENT OF LEASE, WHICH AMENDED ASSIGNMENT OF LEASE IS MADE BY AND BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND ASSIGNEE, AL KRAKOW, DBA CORPUS CHRISTI AVIATION, SO AS TO ENABLE THE LESSEE TO BEGIN PREPARATION OF PLANS ON SAID PLOT AND COMMENCE CONSTRUCTION AS QUICKLY 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 ITSINTRODUCTION 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 �5 17 FIRST AMENCMENT OF ASSIGNMENT Of LEASE HANGAR AND FIXED BASE OPERATORS THE STATE OF TEXAS COUNTY Or NIJEtES UMEAS, 8Y AGREEMENT DATED , 1966, AN A5SI04MCNT of LEASE WAS MADE BY CORPUS CHowt UA1/11 dr TRUST COMPANY, TRUST, AA ASSIGNOR, TO AL KRAKOW oeA. CoRPus CHRt*TI AVIATION, OF THE COUNTY OF SAN PATRICIO, STATc or Tcus, As AssioiiE£ OF SAID LEASE, A: u7 APPROVED BY THE CITT DF CORPUS. CHRISTI As LmoR, BY THE 'PERMS OF WHICH AN AREA 41F 860' X 200' AT CoHPus CHRISTI INTCRNATIONAL AIRPORT WAS LCASEI; TO SAID ASsIGNCE fOR HANQjLR AND F,iXEO BASE OPERATIONS; AND UJCREA$, IT I$ DESIRED To AMEND SAID AsswmmENTi NOW, THEREFORE, KNU,4 ALL MEN BY THESE PRESEWSt: THAT 11 IS AaRCE0 BY TILE PART&LO 'TO THE LEASE ASSIGNMENT THAT 9410 ASSIQWI: NT 10 NEREISY AMENDED AS FOLLOWS: 16 Ter AREA LEABEO AND DESCRIBED OR ARTICLE 11 of eAID ASSIGNMENT of LEASE IS HEREBY REDUCED by CUTTING 100 FEET 4CFtHE Eva 50DE' T3tERCoP, LEAVING TILL ARCA BEING LEASED AS 760' X 2200'0 ALL As SHOWN DN EXHIBIT ATTACHED HERETO AND JMADtA PART HEREOF, WHICH EXHt$tT `A -1" IS SUBSTITUTED FOR EXHIBIT "A ". 2. ARTICLE IX is HEREBY ~.I)LU BY AFI9WING PARAGRAPH 11 BY ADDING TO SAID FARAGRAPN 0 THE FOLLOWING. "THE LESSEi AGREES TO RtIflPURSE TtIE CITY OF CORPUS C1191STI fOR THE COIISTRUCTION OF THE RAMP OESCRIAEO ABOVE AT A COST OF TWENIV- Slq THOUSAND SIXTY AND 401100'DOLLAR9- (426,0670.40)a THE FUNDS FOR THIS REINBUR9E+- MENT SHALL BE PLACED IN AN ESCROW ACCOUNT UPON SUCH A DATE AS THE CITY NAY OILQUIRE,, OR NO LATER THAN THE LATE UPON WHICH CONSTRUCTION SHALL BEGIN.' 3. ARTICLE VII IS HEREBY AME1401D SO As TO _1'RGVIpL THAT THE RENTAL of ONE C£Ni (10) PER SQUARE FOOT OROUNU RENTAL $HALL COMMENCE QJ DAMS FOLLOIIN. THY DATE OF ItM EXEFUT203 ?F THIS ARENDMCNT. Cyrt;PT As HEREIN F+R07tOXD, Ar.L TITS Trltms or iw; Assiom -"NT OF LEASE ARE HEREBY CONTINUED IN FULL FORCE AND EFFECT. i I FIRST AMENCMENT OF ASSIGNMENT Of LEASE HANGAR AND FIXED BASE OPERATORS THE STATE OF TEXAS COUNTY Or NIJEtES UMEAS, 8Y AGREEMENT DATED , 1966, AN A5SI04MCNT of LEASE WAS MADE BY CORPUS CHowt UA1/11 dr TRUST COMPANY, TRUST, AA ASSIGNOR, TO AL KRAKOW oeA. CoRPus CHRt*TI AVIATION, OF THE COUNTY OF SAN PATRICIO, STATc or Tcus, As AssioiiE£ OF SAID LEASE, A: u7 APPROVED BY THE CITT DF CORPUS. CHRISTI As LmoR, BY THE 'PERMS OF WHICH AN AREA 41F 860' X 200' AT CoHPus CHRISTI INTCRNATIONAL AIRPORT WAS LCASEI; TO SAID ASsIGNCE fOR HANQjLR AND F,iXEO BASE OPERATIONS; AND UJCREA$, IT I$ DESIRED To AMEND SAID AsswmmENTi NOW, THEREFORE, KNU,4 ALL MEN BY THESE PRESEWSt: THAT 11 IS AaRCE0 BY TILE PART&LO 'TO THE LEASE ASSIGNMENT THAT 9410 ASSIQWI: NT 10 NEREISY AMENDED AS FOLLOWS: 16 Ter AREA LEABEO AND DESCRIBED OR ARTICLE 11 of eAID ASSIGNMENT of LEASE IS HEREBY REDUCED by CUTTING 100 FEET 4CFtHE Eva 50DE' T3tERCoP, LEAVING TILL ARCA BEING LEASED AS 760' X 2200'0 ALL As SHOWN DN EXHIBIT ATTACHED HERETO AND JMADtA PART HEREOF, WHICH EXHt$tT `A -1" IS SUBSTITUTED FOR EXHIBIT "A ". 2. ARTICLE IX is HEREBY ~.I)LU BY AFI9WING PARAGRAPH 11 BY ADDING TO SAID FARAGRAPN 0 THE FOLLOWING. "THE LESSEi AGREES TO RtIflPURSE TtIE CITY OF CORPUS C1191STI fOR THE COIISTRUCTION OF THE RAMP OESCRIAEO ABOVE AT A COST OF TWENIV- Slq THOUSAND SIXTY AND 401100'DOLLAR9- (426,0670.40)a THE FUNDS FOR THIS REINBUR9E+- MENT SHALL BE PLACED IN AN ESCROW ACCOUNT UPON SUCH A DATE AS THE CITY NAY OILQUIRE,, OR NO LATER THAN THE LATE UPON WHICH CONSTRUCTION SHALL BEGIN.' 3. ARTICLE VII IS HEREBY AME1401D SO As TO _1'RGVIpL THAT THE RENTAL of ONE C£Ni (10) PER SQUARE FOOT OROUNU RENTAL $HALL COMMENCE QJ DAMS FOLLOIIN. THY DATE OF ItM EXEFUT203 ?F THIS ARENDMCNT. Cyrt;PT As HEREIN F+R07tOXD, Ar.L TITS Trltms or iw; Assiom -"NT OF LEASE ARE HEREBY CONTINUED IN FULL FORCE AND EFFECT. • Ci[iCIM IN TRIPLICATE ON rats TNE_VAV 61' kUkVAkYs 1967. ASSIGEI CORPUS CHRISTI AVIATION �r G IKA;r ASSICiItiRs Car" CHRISTI Mw 4 TRUST AMSTn COMPANY, TRUSTEE. 8Y GAMMA ACCEPTED AND APPROVEW CITY Of CMUS CHRISTI, TEXAS ATTE3ie BY I TY - $F,Ck$TARY HEROVAT V WHITNEY CITY h1ANAiisto APPRfl D AS iD LECAL FiiM THIS ...____. y OF da111 w,y 1967: iTY ATTOkNEY • s CORPUS CHRISTI, TEXAS % /&- DAY OF �� 19Z v 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 15 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 e F„ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FORMAN JACK BLACKMON PATRICK J. DUNNE DR. P. DIME NE2, JR. KEN MCDANIEL,�i BONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FORMAN JACK BLACKMON PATRICK J. DONNE 6fll DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE