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