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Home My WebLink About08425 ORD - 04/19/19674/19/67:E • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, HERBERT W. WHITNEY, TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DA- 41- 443 -ENG -6589, CANCELLING SAID LEASE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS OF AUGUST 31, 1966, AND TRANSFERRING TO THE CITY THE PROPERTIES ENUMERATED THEREIN FOR THE SUM OF $2,500.00, A COPY OF WHICH SUPPLEMENTAL AGREEMENT NO. 1 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, HERBERT W. WHITNEY, BE AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DA -41- 443 -ENG -6589, CANCELLING SAID LEASE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS OF AUGUST 31, 1966, AND TRANSFERRING TO THE CITY THE PROPERTIES ENUMERATED THEREIN FOR THE SUM OF 2,500.00, A COPY OF WHICH SUPPLEMENTAL AGREEMENT N0. 1 IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE EXECUTION OF THE HEREINABOVE DESCRIBED SUPPLEMENTAL AGREEMENT AS PROMPTLY AS POSSIBLE IN ORDER THAT THE CITY MAY ACQUIRE THE PROPERTIES ENUMERATED IN SAID LEASE AND ACCEPT RESPONSI- BILITY THEREFOR 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 EMERGENCY AND NECESSITY EXIST, 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 19TH DAY OF APRIL, 1967. Y R r SE :7TO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED LEGAL FO IS - ; 'f 19TA DAY OF MRIL, 1967: CITY ATTdI(NEY 8425 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS SOUTHWESTERN DIVISION FORT WORTH DISTRICT Lease No. DA -41- 443- ENG-6589 SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREE1,1ENT entered into this day of 1967, by and between the City of Corpus Christi, Terns, 302 South Shoreline, Corpus Christi, Texas, and the UNITED STATES OF AMERICA, hereinafter called the Government, WITNESSETH THAT: Wf_'YAS, in August 1959, pursuant to a plebiscite of the voters of Corpus Christi, Texas, a lease was entered into between the City of Corpus Christi, Texas, as Lessor, and the Corpus Christi Beek and Trust Company, trustee, as lessee, covering certain lands shown on the Master Plan of the New International Airport of Corpus Christi, and; WHEREAS, on 25 April 1962 a portion of said lease was assigned by lessee to the United States of America pursuant to approval by the City of Corpus Christi, which assignment covered the following described premises, to -wit: Beginning at the most easterly corner of that certain 200 x 500 foot tract of land leased to Gulf Coast Aviation by the City of Corpus Christi as described in City Ordinance hb. 5789, Municipal Airport, Corpus Christi, Nueces County, Texas; Thence N. 45° E, a Distance of 120 feet to a point; Thence N. 45° W, a distance of 300 feet to the point of beginning of the tract herein described; Thence N. 45° W at 195.44 feet past the south line of a 50 foot water line easement, in all 217.8 feet to a point for the west corner of the tract herein described; �(f 12 Thence N. 45° E at 49 feet past the north line of said 50 foot water line easement, in all 200 feet to a point for the north corner of the tract herein described; Thence S. 45° E at 141.61 feet past the north line of said 50 foot water line easement, at 210.21 feet past the south line of said 50 foot water line easement in all 217.8 feet to a point for the east corner of the tract herein described; Thence S. 456 W. a distance of 200 feet to the place of beginning; containing one (1) acre, more or less, WHEREAS, said assigned leasehold estate was for a term beginning 28 December 1961 through 30 June 1962 with option of renewal annually, thereafter, to 30 June 1967, and; WHEREAS, the City of Corpus Christi having given its approval to such assignment, now stands in the place of lessor to the Government as if it had originally been so, and; WHEREAS, the City of Corpus Christi and the Government have mutually agreed to waive the 30 day notice of cancellation and have agreed to terminate said lease effective as of 31 August 1966, and; WHEREAS, there are certain Government -owned improvements situated on said leasehold estate consisting of the following: 1. Unnumbered operation building. 2. Unnumbered training building. 3. A flag pole. 4. Two utility poles, and; WHEREAS, the Government has agreed to sell and the City of Corpus Christi has agreed to buy said improvements for the sum of $2,500.00. NOW, THEREFORE, in consideration of the premises, the parties hereto mutually agree as follows: 2 • is 1. That the City of Corpus Christi shall pay to the Government the sum of $2,500.00 as the purchase price for the aforementioned improvements. 2. That the City of Corpus Christi will assume custody and care of the leasehold premises as of 31 August 1966, the Government thereafter being relieved from any further responsibility therefor. 3. That the lessor hereby remises, releases, and forever discharges the Government, its officers, agents, and employees, of and from any and all manner of actions, liability, and claims against the Government, its officers, agents, and employees, which the Lessor now has or ever will have for the restoration of said premises or by reason of any other matter, cause or thing whatsoever particularly arising out of said lease and the occupation by the Government of the aforesaid premises. k. That no member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this agreement or to any benefit to arise therefrom, but his provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. IN WITNESS WHEREOF the parties hereto have hereunto subscribed their names as of the date first above written. Iffliq City Secretary APPROVED AS TO FORM THE CITY OF CARPUS CHRISTI By City Manager THE UNITED STATES OF AMERICA W. B. THORMSUB, rney By. • CORPUS CHRISTI, TEEX ^AS, TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPE N -- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR R C S 0 LUT I -ON SIiALL 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, jTHE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE HAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLA CKMON I/ RONNIE SIZEMORE Y. A. "DICK" BRADLEY,,JR. J. A. "JACK" GRANT c� P. JIMENEZ, JR., M.D. j GA BE LOZANO, SR. ` ,. Ll KEN MLDANIEL THE ABOVE ORDINANCE HAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRAD LEY,.JR. J. A. "JACK" GRANT P. JIMENEZ, JR ., M. D. GABE LOZANO, SR. KEN MLDANIEL -1-2L //: