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HomeMy WebLinkAbout11868 ORD - 01/09/1974JRR:jkh:12- 21 -73; let TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE WITH THE UNITED STATES OF AMERICA FOR USE BY THE FEDERAL AVIATION ADMINISTRATION OF AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLA- TION AND OPERATION OF MALSR, INSTRUMENT LANDING SYSTEM SCTES, M /M, GLIDE SLOPE& LOCALIZER FACILITIES, AS MORE FULL'I SET OUT IN THE LICENSE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED ESHIBIT "I". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized and directed to execute a License with the United States of America, for use by the Federal Aviation Administration of the Department of Transportation of an area at the Corpus Christi International Airport for installation and operation of Approach Light Lane Site (MALSR), Instrument Landing System Sites, M /M, Glide Slope & Localizer facilities, all as more fully set out in the License, z. copy of which is attached hereto and made a part hereof, marked Exhibit "I ". 118'58 We sincerely thank you for your cooperation and assistance in this matter :DECEIVED . E. DY 5 Enclosures MAY Q; 1914 AVIATION)' DIVISION CITY OF CORPUS CHRISTI DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION DATE Ip„� 1 � SOUTHWEST REGION / IN REPLY REFER TO: P. O. I3OX 1689 ASW -S6 FORT WORTH. TEXAS 76101 s=ECT. License No. DOT- FA73SW -1200, ILS & MALSR, Corpus Christi b�NIST0.F� International Airport, Corpus Christi, Texas FtoM. Chief, Real Estate and Utilities Branch, ASW -56 Ta Mr. W. D. Wilder, A.A.E. Airport Manager International Airport Route 2, Box 902 Corpus Christi, Texas 78408 As agreed in telephone conversation on April 29, 1974, between you and a representative of this agency, enclosed are 5 copies of revised — drawing SW- E- 8100 -1A. The revisions include the relocation of access road to the Localizer, new right -of -way requirements to the Middle Marker site, the widening of the MALS from 25 feet to 50 feet, and the right to install 3 each 3 -inch conduits under Joe Mireur Road. It would be appreciated if you will destroy the existing drawings attached to your copies of the subject license and attach enclosed drawings to the instrument. We sincerely thank you for your cooperation and assistance in this matter :DECEIVED . E. DY 5 Enclosures MAY Q; 1914 AVIATION)' DIVISION CITY OF CORPUS CHRISTI 0 JRR:jkh:hb:lst:5 /28/74 .-t ti "'AY 1974 ti APPROVED AN ORDINANCE 1 095 0 COLN�L N AMENDING ORDINANCE NO. 11868, PASSED AND APPROVED �� cj& ON JANUARY 9, 1974, WHICH ORDINANCE AUTHORIZED THE l��lSl�l6lZ���c CITY MANAGER TO EXECUTE A LICENSE WITH THE UNITED STATES OF AMERICA FOR USE BY THE FEDERAL AVIATION ADMINISTRATION OF AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLATION AND OPERA- TION OF MALSR, INSTRUMENT LANDING SYSTEM SITES, M /M, GLIDE SLOPE & LOCALIZER FACILITIES, BY SUBSTITUTING A NEW EXHIBIT "A ", REVISED APRIL 2, 1974, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 11868, passed and approved by the City Council on January 9, 1974, which ordinance authorized the City Manager to execute a License with the United States of America for use by the Federal Aviation Administration of an area at the Corpus Christi International Airport for installation and operation of MALSR, Instrument Landing System Sites, M /M, Glide Slope and Localizer Facil- ities be amended by substituting a new Exhibit "A", revised April 2, 1974, a copy of which is attached hereto and made a part hereof for all pertinent purposes. SECTION 2. The necessity to authorize the substitution of the attached Exhibit "A", revised April 2, 1974, for the Exhibit "A" originally attached to Ordinance No. 11868 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 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 the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of May, 1974. ATTEST: City Secretary APPROVED: DAY OF MAY, 1974: City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF TRANSPORTATION FEDERAL. AVIATION ADMINISTRATION ® APPROACH LIGHT LANE SITE(MALSR) ® INSTRUMENT LANDING SYSTEM SITES„ M /M, F] RADAR SITES Glide Slope & Localizer Location Corpum Christi International Airport,, Corpus Christi, Tex. _ — 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 inthe Countyof Nueces in the State of Texas more particularly described as follows: In accordance with E%HIEIT 'W', dated March 29, 1973, and Drawing SW- E- 8100 -1A, attached hereto and made a part hereof for land for MALSR, Middle Marker, ILS, Glide Slope and Localizer. 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, unless hereinbefore described bymetes andbounds, tobe by the most convenient routes; ant; the right to utilize any existing power lines, control lines, conduits, or other facilities of the licensor whic'E are adaptable to use in connection with the purpose of this license. 3. The right of ingress 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 obstractic n of whatsoever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government under the terns of this license unless consent thereto shall first be secured from the licensee in writing. 5. This license shall become effective May 1 1973 and shall remain in force until June 30 , 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 83 FAA Form 4423 -1-- (5-57) SUPERSEDES -FAA -FORM 1-334-- �- P 6r- �Ijis�ioetrse- may�e�,�r�rby- eiUser�,sa�by� apex -sixes is- wei•Ei�ex- e6-eap . de6e. schi• eh- twepbo-x�a&telkyflgieerl -apeBr 7. All structures, improvements, or other property placed upon the said premises bythe 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. S. 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 bonaf)de 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 .•.. .. ;al °z: Pe--r.7. ...thcu. 14ahility or ir.:tZ dicerction tc dcdcet porn the contract price _ een- sideration, the full amount of such commission, brokerage, percentage, or contingent fee. DATED THIS DAY OF , 19 (Licensor) Address: ACCEPTED: UNITED STATES OF AMERICA L,Mi.chl D. Hinton r Contracting Officer, ASW -56A (1f 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 signed forand in behalf of said corporation by author- ity of its governing body, and is within the scope of its corporate powers. [CORPORATE SEAL] ilk 1C 0iO0�B C I I License No. DOT- FA73SA -1200 ALS (MATSR), IIS M/M Corpus Christi International Airport Corpus Christi, Texas 11. FUNDING RESPONSIBILITY CLASS I - II FACILITIES The airport owner agrees that any relocation, or replacement, or modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered by this contract during its term or any renewal thereof made necessary by airport improvements or,changes which impair or interrupt the technical and /or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such r ^_locations, replacements or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitter /Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar 10 and Components ALS and Components Visual Landing Aids Direction Finding Equipment VOR, TVOR & VORTAC (Instrument Approach) Weather Observing & Measuring Equip. (owned & operated by FAA) Central Standby Power Plant CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Peripherals (Remote Control Air - Ground Communication Facility) 12, NON - RESTORATION: VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other en route facilities It is hereby agreed between the parties that, upon termination of its occupancy, the Government shall have no obligation to restore and /or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. License No. DOT- FA73SW -1200 MALSR and Middle Marker Corpus Christi International Airport Corpus Christi, Texas 13. RIGHTS FROM OTHERS: Any land rights to be required from others will be defined by letter from the sponsor. Copy or copies of instruments .conveying these rights will be submitted with the executed license. 14. TERNIINATION• The Government shall have the right and privilege to terminate this license any time during the initial term, or any renewal term thereof, by giving thirty (30) days` notice in writing to the licensor, such notice to be computed from the post mark date cited on the envelope in which said notice is mailed. 15. DELETIONS AND ADDITIONS: Article b was deleted in its entirety; and Articles 11, 12, 13, 14, and 15 were added hereto and made a part hereof prior to the signature of either party to this license. \ � �10 O -aiti j I /MALS Restricted Area - No o63`fivctton Y higher; than LLghis - A t4 4 j /RS Run wc2l \\ 2y x, �175'ls e 5EC7"I'JN A -A �GGa LICews*D Al?c, -A G• Scale: 1 °= 500' LAND REQUIREMENTS Middle Marker a MALSR S \ International Airport 1 Corpus Christi Texas 3 7.3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 4/ -i day of9Z j w 19,9– . by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinancgg was rea for the second time d passed to its third reading on this the dday of 19, by the following vote: Jason Luby ,James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the foregoing ordin a was reIfthe third time and passed finally on this the day of 19_Z�L by the following vote: Jason Luby� James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the ATTEST: City Secretary APPROVED: ��77 DAY O 19/ City Attordey� 7`/ d- -Y– - �►hA.t y�� ' ' 19–ZI�4—. OR THE CITY OF CORPUS CHRISTI, TEXAS