HomeMy WebLinkAbout02065 ORD - 04/22/1947AN ORDINANCE —!o
AUTiDRIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF CARPUS CHRISTI, TEXAS TO EXECUTE_,
FOR AND ON BEHALF OF TEE CITY A'OONTRACT OF
IEASE 'PITH THE UNITED STATES OF AMERICA FOR
THE LEASING OF A FORTION OF CUDDIHY FIELD
IN NUECES COUNTY, TEXAS, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager of the City of Corpus
Christi, Texas, be and he is hereby authorized and directed to execute
for and on behalf of the City of Corpus Christi, Texas, s lease contract
with the United States of America for -lease of a certain portion of
the United States Naval Auxiliary Air,.Station, Cuddihy Field, Nueces
County, Texas. A copy of such, loo ract is attached hereto and made a
part hereof and reads as follows, to -wit:
"� C65
LEASE OF NAVAL AIRFIELD
THIS LEASE, made between THE UNITED STATES OF AMERICA,
represented by the Chief of the Bureau of Yards and Docks, acting
under the direction of the secretary of the Navy, hereinafter
called the Government, and the City of Corpus Christi, located
in the County of Nusces, State of Texan, hereinafter called
the Lessee:
WITMR33ET'H:
WHEREAS, the Government is the owner of or is in lawful
possession of certain lands situated in the County of Nueces,
State of Texas, upon which it has developed and operated an air-
field and facilities for the activities of the United States
Naval Auxiliary Air Station, Cuddihy Field; and,
WHEREAS, because of its strategic value, it is considered
essential that the said airfield and facilities, comprising the
said United states Naval Auxiliary Air station, be retained for
possible post -war use in connection with Naval Aviation activi-
ties; and,
WHEREAS, during such period, the Government desires to make
the airfield and the facilities thereon available to such public
agency as may be interested in its use and occupancy; and,
WHEREAS, use by a public agency of the airfield and facili-
ties will in no wise be detrimental to the activities of the
Navy Department, but is deemed to be in the interest of the
Government; and,
WMBAB, application has been made by the above - mentioned
Lessee for the temporary use and occupancy of said airfield and
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the facilities thereon in connection with its educational
program and for such purposes as iay be deemed by the Governawat
as being in the interest of the National Welfare; and,
WHMURAS, the United States of America by proceedings in
condemnation, filed in the District Court of the United States
for the Southern District of Texas, Corpus Christi Division
entitled, united States of America v. 1741.81 acres of land,
more or less, situated in Nueces County, Texas, and Lamar Fold&;
Willie Iaensee Fisoher; et al - Civil Action No. 97, acquired
the fee simple title to certain lands for the development and
operation of two airfields together with their complementary
facilities and used in connection with the activities of the
U. S. Naval Training Sages, Corpus Christi, Texas; and,
WjUWMAS, under the above referred to acquisition 802.90
1
acres of said land with the facilities thereon situated have
been designated and operated as the U. S. Naval Auxiliary Air
Station, Cuddihy Field, Corpus Christi, Texas; and,
VMMEAS, it has been determined by the Navy Department that
a portion of the aforementioned Naval Auxiliary Air Station and
the facilities and/or structures situated on a portion thereof
are in excess of the Government's present needs; and,
WMMZAS, it is the desire of the Navy Department that a
portion of this area and a portion of the facilities and struc-
tures be made available for the temporary use of the City of
Corpus Christi, Texas;
NOW TIC Mn, in consideration of the foregoing and of the
covenants and agreements hereinafter mentioned, the Government
does hereby grant,lease, and demise unto the Lessee, to be
occupied and used in connection with its educational program,
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and for such other purposes as may be approved by the Government
as being in the interest of the National Welfare, the use of that
certain tract of land, together with the improvements and install &•
tions thereon and appurtenances thereto belonging, enumerated
and described in map of premises and installations of the Naval
Auxiliary Air Station, Cuddihy Field, Corpus Christi, Texas,
entitled Exhibit "A ", Part I, attached hereto and made a part
hereof. There is specifically excepted therefrom the areas
shown on Exhibit "A" and outlined in red on Exhibit "A ", together
with all of the appurtenances thereunto apportaining, including
egress and ingress to said areas over all roadways and walks.
TO HAVE AND TO HOLD the demised premises for the term
Commencing on the /jQJ day of �l% , 1947,
and ending on the 14M day of fj7v,P %, 1948,
unless sooner terminated as hereinafter provided and subject to
the following conditions and covenantsi
1. As above provided, the Government specifically reserves
the two areas shown on the attached Exhibit "A" and outlined in
red, together with all improvements and utilities therein
situated and free right of egress and ingress to said two areas
over any and all roads or walkways situated on the entire
premises. In addition to said two areas, the Government also
excepts and reserves for its own exclusive use, bay #2 of
Building 601 - Storehouse. In connection with the reservation
herein made, it is mutually agreed between the Lessee and the
Government that:
(a) Lessee agrees to handle and dispose of all raw
sewage emanating from the premises reserved by Losses.
(b) Specific attention is invited to that certain
contract between the government and Lessee whereby Lessee
furnishes all water heretofore, and presently used by the
Government in connection with the operation of Naval
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Auxiliary Air Station, Cuddihy Field, and in this
connection, Lessee agrees to install special water motors
to the areas reserved by the Government and to bill the
Government under its existing water contract for the water
consumed in the reserved areas.
(c) Lessee agrees to cooperate with the Government to
the end that all other utilities used on said premises shall
be isolated out so that all utilities consumed in the areas
reserved by the Government shall be separate and apart
from the utilities consumed by Lessee.
2. This lease shall be deemed renewed from year to year
upon the same terns and conditions as are heroin specified,
unless terminated by the Government as herein provided, or unless
the Lessee shall send written notice to the Government not less
than thirty (30) days before the expiration of the term hereof
or any renewal term of its intention not to renew the lease,
provided that no renewal shall extend the term of this lease
beyond five years from the beginning date hereof. It is agreed,
however, that the limitations of the extension of the term of
this lease to a period of five years may be changed to provide
for an extension for a period of twenty years in the event that
both parties shall agree in the future that such is necessary
and shall so signify their consent through a supplemental agree-
ment to this lease.
3. The Lessee, in consideration of the leasing of the
aforesaid premises, does hereby covenant and agree with the
Government, that the annual rental for the occupancy and use of
the demised premises shall be the sun of one ( #1.00) dollar, per
annum, payable in advance to the Chief of Naval Air Basic
Training, Naval Air Station, Corpus Christi, Texas, Attentions
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Disbursing Officer. It is understood by the Lessee, however,
that the Government reserves unto itself the right to require
the Lessee, at any time during the term of this lease or any
renewal term, to pay additional rental for the demised premises,
if and when, in the discretion of the Government, the payment
of additional rental is justified, provided, however, that it
is not the intention of this provision to deny unto the Lessee
the right to earn or derive a reasonable profit through its use
of the premises and facilities herein demised.
4. The Lessee, as a part of the consideration hereof,
shall maintain and keep in good and serviceable condition and
repair, the airfield, including the runways, landing mats, taxi
strips and parking aprons, as well as all of the property
enumerated in Exhibit "A ", Part 1, so as to adequately and
properly protect the Government and its property from loss or
damage, with the exception of the facilities reserved by the
Government. All costs and expenses incurred and paid by the
Lessee in maintaining the said premises shall be borne by the
Lessee. The Lessee will maintain and keep the demised premises
in a clean, safe and healthful condition according to any
applicable Federal or State Laws and municipal ordinances, and
comply with all lawful directives by proper public officials
in respect thereto during the term of this lease or any renewal
thereof. Upon the expiration of this lease or earlier termina-
tion thereof, the Lessee will deliver up and surrender the
demised premises to the Government in as good order, condition
and repair as the demised premises were in at the beginning of
the term of this lease, damage by flood, incendiaries, acts of
God or of the public enemy, the elements, structural defects,
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ordinary wear, tear and deterioration and other *&uses beyond
the Lessee's contror__l excepted. No property covered by this
document shall be removed from the premises.
5. The Lessee has examined and knovs the condition of
the demised premises as of the date hereof. It is understood
by the Lessee that the said premises are leased as they are
and the Lessee aaknovledges that no agreement or promise to
decorate, alter, repair or improve said premises, either before
or after the execution of this lease, not contained herein, has
been made, and that no representations as to the condition and
repair thereof have been made by the Government prior to or at
the time of the execution or this lease that are not herein
expressed. Nothing herein contained shall be deemed to imply
any obligation on the part of the 0overnment to furnish the
Lessee with any utility services vhatsoever, it being expressly
understood and agreed that the Lessee shall obtain such services
at the Lessees sole cost and expense and the Lessee shall pay,
in addition to the rent above specified, all eater rates or
rents and all charges for gas, electric light and pover.
6. The Lessee shall, during the term of this lease, or any
removal thereof, have the right to make alteratlous,attach
fixtures and ereot additions, temporary structures or signs in
and upon the premises hereby leased; provided, hovever, that no
structural alterations or additions shall be made by the Lessee
except by vritten consent of the dovermsent or its local repre-
sent &tire. The Lessee shall have the further right, during the
term of this lease or any such removal, to install equipment,
fixtures and other property ovned by the Lessee. The title to
all of such property installed in or constructed upon the demised
premises by the Lessee shall remain in the Lessee, shall be kept
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free of mmechsaios' liens or other encumbrances, and may be
removed by the Lessee upon the expiration of this lease or
immediately upon the earlier termination thereof. In the event
of the failure of the Lessee so to remove its fixtures, additions,
temporary structures or other property, the Government nay
remove the same from the demised premises and charge the Lessee
with the cost thereof and without liability to the Lessee for
any damage to the Lessee's property by reason of the removal or
disposition thereof.
7. The Lessee agrees that, continuously during the term
Of this lease, or any renewal term, the airfield and the facili-
ties thereon will be used in furtherance of its educational
program and for such other activities ae may be approved by the
Government as being in the interest of the ;National Welfare.
The Lessee further agrees that the airfield and facilities will
at all times be operated for the benefit of the public, on
reasonable terms and without unjust discrimination and Without
any grant or exercise of any exclusive right for the use of the
airfield or any of the facilities thereon. The Lessee agrees
that it will not enter into any transaction which would operate
to deprive it of any of the rights and powers necessary to
perform all of the covenants and agreements herein made, unless
by such transaction the obligation to perform such covenants
and agreements is assumed by another public agency. The Lessee
in connection with the operation of the facilities covered by
this lease, shall comply with all rules and regulations of the
Navy Department as are issued Lo the Lessee. In order that every
possible use may be made of the devised premises in the interest
of the public, the airfield and the facilities thereon may be
utilized for such activities as may be approved by the Government
as being in the interest of the National Welfare.
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8. The Lessee shall have the right to provide through
concessions, operational or management agreements, permits or
licenses for the operation of any business or enterprise. She
Lessee agrees that it will not authorize the use or occupancy of
any part or portion of the demised premises or any facility or
installation thereon, by any third party whatsoever, unless such
use and occupancy is evidenced by some instrument, in writing,
and signed by such third party. The Lessee agrees that it will
not execute any license, permit operational or management agree-
ment, or any other instrument affecting the demised premises, or
any portion or facility thereof or interest therein to accomplish
such purposes, unless thirty (30) days notice of its intention so
to do, in writing, has been received by the Chief of the Bureau
of Yards and mocks, Navy Department, Washington, District of
Columbia, and the representative of the Government herein named,
provided, however, that all contracts or sub - leases which Losses
herein has heretofore made, after the date of the Revocable Permit
issued to the Lessee of date January 20, 1947, are hereby ratified,
and as to such contracts and sub - leases, Lessee will not be
required to comply with provisions not forth in this paragraph.
A copy of the instrument in question shall be attached to such
notice for the approval and consent of the Chief of the Bureau of
Yards and Docks. The said instrument shall state the date upon
which it vill be executed. After such execution properly
authenticated copies of all such instruments shall be furnished
the Chief of the Bureau of Yards and Docks and the said repre-
sentative of the Government.
9. The Lessee or any party to an operational or management
agreement with the Lessee, shall keep upon the demised premises,
records and books of account which shall show all revenues
received in, on, or from the demised promises, together with
all expenditures for costs and expenses incurred in Connection
with the operation and maintenance of the said premises. The
.method of accounting shall be subject to the approval of the
representative of the Government hereinafter named, but no
material change need be made in any system of accounting
adopted by the Lessee or party to any operational or management
agreement, so long as such system reflects accurately, and in
detail, the matters and things herein enumerated.
10. The Lessee or any party to an operational or manage-
ment agreement shall deliver to the representative of the
Government, quarterly reports of all receipts and expenditures
of its dealings and transactions in connection with the use and
occupancy of the demised premises under this lease. Such
reports shall be sworn to by a duly authorized representative
of the Lessee, or by the party to an operational or management
agreement. All of such records and books of account shall, at
all reasonable times, be open to the Government for the purposes
of inspection and audit. A Complete audit by the representative
of the Government shall be made of the said records and books
of account annually, a copy of which shall be forwarded for the
records of the Chief of the Bureau of Yards and Docks, Real
Instate Division, Navy Department, Washington, D. C.
11. The Lessee, insofar as is within its power and
reasonably possible, will prevent any use of the land either
within or without the boundaries of the airfield, including
the construction, erection, alterations, or growth, of any
structure or other object thereon, which would be a hazard to
the landing, take -off, or maneuvering of aircraft at the air-
field, or otherwise limit its usefulness as an airport.
12. The Lessee agrees that in any license, permit or
other instrument under which any concessionaire or permitter is
authorised to use any of the facilities upon the demised
premises, the Lessee shall require such concessionaire or
permittee to keep and maintain in force liability insurance
policies in an amount or amounts sufficient to indemnify and
save harmless the Government against any expense, claims or
demands for the death or injury of any person, or loss, destruc-
tion or damage to Government property occasioned by the opera-
tion of aircraft at said airfield or the use and occupancy of
any of the facilities thereon by any third party.
13• in the event that death or injury occurs to any person,
or loss, destruction or damage occurs to any property in
connection with the maintenance, operation, repair, or use of
the airfield and the facilities covered hereunder, occasioned
by the acts or omissions of the Lessee, its officers, agents
or employees, the Lessee agrees to indemnify and save harmless
the Government from and against any lose, expense, claims or
demands to which the Government may be subject as a result of
such death, loss, destruction or damage.
1$. The Government shall not be responsible for damages
to property or injury to persons which may arise incident to
the exercise of the rights and privileges herein granted.
15. The Lessee shall store no materials or supplies in or
about the said premises which will increase the fire hazard or
constitute an unusual risk in that connection, and the Lessee
shall at all times use the premises in such manner as not to
endanger Government property.
16. This lease is restricted and the privileges herein
granted shall not be assigned or succeeded to in any manner
except by operation of law, without the consent of the Govern-
ment obtained beforehand, in writing, and in ease of such
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assignment or succession, so consented to, all of the foregoing
conditions and provisions shall apply to such substituted
Lessee.
17. The Government reserves the right to eater the said
premises at any time during the existence of this lease for
the purpose of inspecting the same in order to determine
whether the terms hereof are being observed and carried out
by the Lessee.
18. The Government reserves the further right and privilege
of terminating this lease, in whole or in part, upon ninety (90)
days written notice to the Lessee, in the event of failure of
the lessee to comply with all of the Covenants and agreements
herein set forth, or in the event it is determined by the
Secretary of the Navy that the demised premises, or any part
thereof, are required for naval purposes, or in the event of a
national emergency.
19. All disputes concerning questions of fact arising
under this lease shall be decided by the Chief of the Bureau of
Yards and Docks subject to written appeal within thirty (30)
days to the Secretary of the Navy or his duly authorized repre-
sentative, whose decision shall be final and conclusive upon
the respective parties.
20. In all matters in connection with this instrument
requiring the approval or action of the Navy Department, the
Chief of Naval Air Basic Training, Naval Air Station, Corpus
Christi, Texas, is hereby designated and empowered to act as the
local representative of the United States, and all vritten
Instruments herein required to be furnished by the Lessee to
the Bureau of Yards and Docks, Navy Department, Washington,
D. C., may be delivered by lessee to said representative at the
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Naval Air Station, Corpus Christi, Texas, vhose duty it shall
be to forvard same to said Bureau of Yards and Docks.
21. No Member of or Delegate to Congress or Resident
Commissioner shall be admitted to any share or part of this
lease, or to any benefit to arise therefrom. Nothing, hovever,
herein contained shall be construed to extend to any incorporated
company, if such lease be for the general benefit of such
corporation or company.
22. This lodes shall supersede that certain Revocable
Permit issued to the City of Corpus Christi dated 20 January
1947, 'which shall hereafter be considered cancelled and of no
further effect.
IN WITNESS WHZRBOF, the Navy Department, on behalf of the
United States of America, has caused this lease to be executed
this 14rt4 day of %gyp p 1947.
WITNESS: THE UNITED STATES OF AMERICA
T -direction or e e o
the Bureau of Yards and Docks,
Acting under the direction of
the Secretary of the Navy.
The undersigned hereby certify that they are the duly
authorized representatives of the Lessee, City of Corpus Christi,
Texas, and that they are empovered to acknovledge receipt of
and assume custody for, the Land and Appurtenances, Buildings
and Structures listed on the attached inventory. Furthermore,
such properties are considered required for, or useful in
connection with, the operation and .Maintenance of the Naval Air
Facility by the Lessee.
ATTEST:
L
CITY OF CORPUS CHR13TI, TEXAS
By City niger
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SECTION 2. The necessity for a valid lease authorizing
the City of Corpus Christi, Texas, to operate a portion of Cuddihy Field
for the general welfare of its citizens creates a public emergency and
public imperative necessity requiring the suspension of the Charter rule
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 several meetings of the City Council, and the Mayor having declared
that such public emergency and imperative necessity exist, and having re-
quired that such Charter rule be suspended, and that this ordinance be
passed finally on the date of its introduction, take effect and be in full
force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED and APPROVED this ;?;-4 day of April, 1947.
MAYOR re e M
City of Corpus Christi, Texas
ATTEST
City secretary /
APPROVED AS TO IE G FbRmt
City Attorney
Corpus Christi, Texas
April A;, , 1947
TO THE &EMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the
foregoing 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 is 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
introduced, or at the present meeting of the City Council.
Respectfully,
MAYOR i'ro I err
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley E. Beale
George R. Clark, Jr.
John A. Ferris
Ray R. Henry
Joseph T. Dawson
The above ordinance was passed by the following votes
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris U
Ray R. Henry
Joseph T. Dawson
F�
RESTRICTED CORPUS CHRISTI, TEXAS