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HomeMy WebLinkAbout02123 ORD - 07/29/1947AN ORDINANCE AUTHORIZING AND DIRECTING TI-W CITY MANAGER'UF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AI9D ON BEHALF OF THE CITY A PERSONAL PROP- ERTY PERMIT '@PITH THE UNITED STATES OF AIMRICA COVERING PERSONAL PROPERTY LOCATED AT CUDDIRY FIELD AND DECLARING AN EMERGENCY. 6PHERE45, the City of Corpus Christi, Texas, is Lessee of a portion of Cuddihy Field located in Nueces County, Texas; and, WHEREAS, the United States of America has furnished certain personal property at said field which is to be used by the City; and, WHEREAS, it is necessary to execute an instrument governing the control and use of such personal property; NCAP, THEREFORE, 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 is hereby authorized and directed to execute for and on behalf of said City 'Personal Property Permit" with the United States of America, a copy of such permit being attached hereto and made a part hereof for all pertinent purposes and reading as follows, to -wit; 2-12-3 P E R S O N A L P R O P E R T Y P E R M I T WH%REAS, the UJITSD STAIRS OF AMICA by proceedings in condemna- tion, filed in the District Court of the United utates 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 Nueoes County, Texas and Lamar Folday Willie Isensee Fischer, et al - Civil Action Ito* yf, acquired the fee simple title to certain lands for the development and operation of two airfields together with their complementary facilities and used in con- nection with the activities of the U. S. Naval Training Bases, Corpus Christi, Texas] and, WdIREAS, under the above referred to acquisition 802.80 &area of said land with the facilities thereon situated have been designated and operated as the U. S. naval lxiliary Air Station, Cuddihy Field, Corpus Christi, Texas. and, wRujj WA in connection with the maintenance and operation of such field the Navy Department has used and owned considerable personal property in the nature of fixtures, furniture, etc., a portion of which is in excess to the present needs of the Government, and, WiffiEAS, it is the desire of the Navy Department that such personal property, fixtures, equipment, eta. (as shown by an inventory made of even date herewith and executed by the local representative of the Government and the representative of the Yermittee) be made available to the City of Corpus Christi, Texas for such City's temporary use thereof in connection with its operation of Eaval Auxiliary Air Station, Cuddihy Field. under a Revocable Permit of oven date herewith. NCf THEREFORE, In consideration of the foregoing, and the covenants and agreements and reservations hereinafter made, THE UNITED STATES OF AMERICA, represented by the Chief of the Bureau of Yards and Docket acting under the direction of the Secretary of the Navy, hereinafter called the Permittor, here- by grants to the City of Corpus Christi, Texas, hereinafter called the Permittee, permission to use all of the personal property, fixtures, equipment, eta. as shown an the inventory above mentioned, the original of which shall remain with the local representative of the Government and to which inventory reference is here made for all purposes of description. The permission hereby granted shall be subject to the following conditions and provisionsd 1. This permit shall be and 'oscome effective as of the date of its execution, and shall be indeterminate and revocable at the option and disore- tion of the Permittor, or by its duly authorised repro sontative. L. This permit shall not be assignable or transferable except upon the written consent of the Government, or by its duly authorized representative. 3. The Pormittee is not to be considered as acquiring hereunder any permanent interest of whatever nature in the personal property, fixtures, equipment, etc. as hereinabove referred to. 4. The Permittee shall keep and maintain all the personal property, fixtures, furniture, etc, which it accepts under the above referred to inventory in good condition and repair and shall properly protect the Permittor and its property from loss or damage. All costs and expenses incurred are to be paid by the Permittee in maintaining, protecting sr:d repairing such property and no part thereof shall be reimbursed by the Permittor. 'rho Pormittee shall at no time remove any of such property from the boundaries of the U. S. Naval Auxiliary Air Station, Cuddiby Field. 5. The Permittor reserves the right to enter the said premises at any time during the existence of this permit for the purpose of inspecting the same in order to determine whether the terms hereof are being observed and carried out by the 1,ormittee. 6. Parmittee shall during the term of this permit, have the right to brim on to and use under its permit covering D. 'y. Naval Auxiliary Air Fields, such additional personal property, fixtures, furniture, etc. as it may deem necessary in connection with its operation of such field said all such personal property, fixtures, furniture, etc. shall remain the property of the Permittes and may be removed by the Permittee upon the termination of this permit. The Persittee shall restore all personal property, fixtures, furniture, etc. used under this permit to the same condition as such are in at the time the Permittee takes possession thereof less reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Permittes has no control. 7. Should Permittor desire to terminate or revoke this permit, Per - mittor agrees to give the Permittee thirty (30) days written notice of its intention to do so before the termination of this permit will be effective. g. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this permit, or to any benefit to aria* therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated oompwW, if the permit be for the general benefit of such corporation or company. IN WITNESS WhHRBOF, the Navy Department, on behalf of the United States of America, has caused this permit to be executed this day of . 1947. THE UNITED STATES OF AMERICA 0 ay aireasion or the uhier or the Bureau of Yards a Docks, acting under the direction of the Secretary of the Navy. THIS PI TT, is also executed by the Permittee in aclmowledgment and acceptance of the terms horsin set forth. ATTVSTs CITY OF CORPUS CEBISTI, TEXAS SECTION 2. The necessity for adequate operations of Cuddihy Field by the City and for obtaining personal property for use at said field from the government creates a public emergency and public impera- tive 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 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. PASSED AND APPROVED this '_ day of July, A. D. 1947• City of Corpus Christi, Texas ATTEST: city secretary APPROVED AS TO LEGAL FORM- city Attorney Corpus Christi, Texas July _2±_, 1947 TO THE NMERS 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 ordinanoe 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, XVFCR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry - v Joe T. Dawson 4l The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris /.. R. R. Henry; Joe T. Dawson 2f -17 3