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HomeMy WebLinkAbout11493 ORD - 05/30/1973JRR /Mc 5/30/73 a- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE GRANTING TO THE FEDERAL AVIATION ADMINISTRATION AUTHORITY TO CONSTRUCT ACCESS ROADS AND WALKWAYS FOR MAINTAINING THE VAST AND REIL FACILITIES ON RUNWAY 17 -35 AND THE RIGHT OF INGRESS AND EGRESS TO THIS EQUIPMENT, ALL AS MORE FULLY SET FORTH IN THE LICENSE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLAR- ING 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 TO EXECUTE LICENSE GRANTING TO THE FEDERAL AVIATION ADMINISTRATION AUTHORITY TO CONSTRUCT ACCESS ROADS AND WALKWAYS FOR MAINTAINING THE VAST AND REIL FACILITIES ON RUNWAY 17 -35 AND THE RIGHT•OF INGRESS AND EGRESS TO THIS EQUIP- MENT, ALL AS MORE FULLY SET FORTH IN THE LICENSE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,-MARKED EXHIBIT "A ". SECTION 2. THE NECESSITY TO EXECUTE LICENSE AT THE EARLIEST POSSIBLE TIME SO THAT WORK MAY COMMENCE CREATES A PUBLIC EMERGENCY AND IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION - BUT 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, AND HAVING REQUESTED THE SUSPENSION OF THE 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 30.tR DAY OF 1973• ATTEST: CITY ECRETAR r MAYOR i THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY 0 1973: CI Y ATT RNEY i �(. 11493 31 A. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION (] APPROACH LIGHT LANE SITE ' F'� INSTRUMENT LANDING SYSTEM SITES RADAR SITES X VASI AND REILS ACCESS ROADS AND WALKWAYS Location CORPUS CHRISTI INTERNATIONAL APT. CORPUS CHRISTI, TEXAS LICENSE NO. DOT- FA73SW -1196 LICENSE 1. For and in consideration of the benefit to the Corpus Christi International Airport and to the general public utilizing same, the undersigned, herein- after referred to as the licensor, hereby grants tothe United States of America the license, right and privilege to install, operate and maintain an approach light lane; an instrument landing system; radar facilities; and necessary control facilities, upon thefollowing described lands in the Countyof, Nueces in the State of Texas more particularly described as follows: 4` In accordance with, and as shown, and annotated in red on FAA;D awing No. HOU -NUO, No. 1, dated 9/25/72, entitled "Vasi -Reil Access Roads and Walks ", and marked - "Exhibit A", certain parcels to be used for the purposes stated thereon, and attached hereto and made a part hereof, 2. Together with the rightof ingress and egress over the said lands and adjoining lands of the licensor', necessary or convenient for the installation, operation and maintenance of the approach light lane; an instrument landing system; radar facilities; and necessary control facilities; and a right -of- -way for apower line and control line, overhead and underground, or other facilities, over and across the said lands and adjoining lands of the licensor, said right of ingress and egress and said right _ of - way, u_nless'hereinb'eforedescribed bymetes andbounds, to be bythemostconvenient routes; and the right to utilize any existing power lines, control lines, conduits, or other facilities of the licensor which are adaptable to use in connection with the purpose of this license.• 3. The right ofingress and egress and the right of -way herein granted shall insure to the bene- fits of the licensee and its duly authorized agents, representatives, contractors and employees. 4. The licensor further agrees not to erect or to allow to be erected on the property licensed hereby or on adjacent property of the licensor, any structure or obstruction of whatsoever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government under the terms of this license unless consent thereto shall first be secured from the licensee in writing. 5. This license shall become effective April 9, 1973 and shall remain in force until June 30, 1973 , and may, at the option of the Government, be renewed from year to year upon the terms herein specified. The Government's option shall be deemed exercised and the license renewed each year for one year unless the Government gives 30 days notice that it will not exercise itsoption, before this license or any renewal thereof expires; PROVIDED, That norenewal thereof shall extend the period of occupancy of the premises beyond the 30th day of June 19 93 FAA Form 4423.1 (5-67) SUPERSEDES FAA FORM 1334 6. Th5'' hz;ense- may4be can celed- hy-eibherparty- uprnrsix, mot rthsiratiev-inwrriting -or-at -any dato.*44rk4n%,be mutua4y -ag es - upon. 7. All structures, improvements, or other property placed upon the said premises by the United States shall remain its property and may be removed by it upon the expiration or termination of this license or within 90 days thereafter. 8. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or partof this license or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the license be for the general benefit of such corporation or company. 9. The licensor hereby warrants that it has acquired and possesses an adequate real estate right in the property described herein, and that it is authorized to grant to the United States of America, the rights and interests set forth herein. 10. Covenant Against Contingent Fees: The licensor warrants that no person or selling agency has been employed or retained to solicit or secure this license upon an agreement or under- standing for a commission, brokerage, percentage, or contingent fee, excepting bonafide employees or bonafide established commercial or selling agencies maintained by the licensor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this license without liability or in its discretion to deduct from the contract price or con- sideration, the full amount of such commission, brokerage, percentage, or contingent fee. DATED THIS DAY OF , 19_ CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS By Title ATTEST: *rldcc City Secretary _ _ ACCEPTED: _ - UNITE STATES OF AMERICA APPROVED: d of 197' r By: l HAROLD L. KEOGH, Contrac 'n Of icer WyA o n ey Chief, Management and Disposal Section ^(If Licensor is a corporation., the following certificate shall be executed by the secretary or assistant secretary.) I, , CERTIFY that I am the Secre- tary of the Corporation named as licensor in this license that , who signed said license on behalf of the licensor, was then of said corporation, that said license was duly iigned for and in behalf of said corporation by author- ity of its governing body, and is within the scope of its corporate powers. [CORPORATE SEAL] i FAA Ac 67 GB75 c I Corpus Christi, Texas 90,2 day of 192 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 suspen- sion 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, 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, MAYOR THE CITY OF CORPUS CHR STI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff yJ Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch - Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark N