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Home My WebLink About02135 ORD - 08/19/1947AN ORDINANCE REPEALING ORDINANCE NO. 2123, PASSED ON THE 29th DAY OF JULY, 1947, ENTITLED " AN ORDI1,T4,TCE AUTH- ORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY A PERSONAL PROPERTY PERMIT WITH THE UNITED STATES OF AMERICA COVERING PER - SONAL PROPERTY LOCATED AT CUDDIHY FIELD AIM DECLARING AN MgERGENCY ";AND AUTHORIZING AND DIRECTING THE CITY WIAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF TEE; CITY A PERSONAL PROPERTY PERMIT WITH THE UNITED STATES OF X,1ERICA COP;HING PERSONAL PROPERTY LOCATED AT CUDDIIIY FIELD, AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 2123, passed and approved by the City Council on the 29th day of July, 1947, the City Council authorized the'City Manager to execute for and on behalf of the City a personal property permit with the United States of America; and, WHEREAS, due to a mistake in information furnished the Legal Department by the Department of Public Utilities, said permit authorized in said Ordinance was not acceptable to the United States of America; and,. TRLI RAS, a new permit has been prepared in accordance with the agreement between the City and the United States of America; NOVV, THEREFORE, BE IT ORDAII1TED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 2123, passed and approved on the 29th day of July, 1947, entitled as follows; "AN ORDINANCE AUTHORIZING AT-D DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY A PERSONAL PROPERTY PERMIT KITH THE UNITED STATES OF AMERICA COVERING PERSONAL PROPERTY LOCATED AT CUDDIHY FIELD AATD DECLARING AN EMERGENCY" 'tau+ is hereby repealed and is to be of no further force and effect. SECTION 2. That the City Manager of the City of Corpus Christi R< is hereby authorized and directed to execute for and on behalf of said A. City a personal property permit with the United States of America, this personal property permit to take the place of and be in lieu of personal 4 property permit set out in Ordinance No. 2123, passed on the 29th day Of July, 1947, a copy of such new permit being attached hereto and made a part hereof for all pertinent purposes and reads as follows, to -wit: 2-l3� PERSONA L PROPERTY rAsR;11T WYM&U, the UNITED STATES L AhF=GA by proceedings in oondemnation. filed in the District Gourt of the United States for the Southern District of TOX", Corpus Christi Division entitled. United States of America v. 1741.81 acres of land, more or less, situated in ihmees County, Taxes, and Lamar Folds.; Willie Issues* Fischer, et al - 01vil Action ho. W, acquired the foe simple title to certain lands for tree development and operation of two airfields together with their complementtuy facilities and used in connection with the activities of the Ti. S. Naval Training .loses, Corpus Christi, Texaa; and, WU]1 ..sLTAS, under the above referred to acquisition 802.80 acres of said land with the facilities thereon situated gave been desiunatsd au6 operated as the U. f.. 2aval Auxiliary Air ztation, Cuddilly 11iold, Corpus Christi, 'Texas, arid, Mi ? &AS, in connection witia tine mintenanos and operation of such field the laavy Department has used and owned Considerable personal property in the nature of fixtures, furniture, ato., a por- tion of which is in axusse to the present needs Of the Goverrment, and, 6411sRrAS, it is the desire of the Navy Department that such personal property, fixtures, equipsient, etc. (as shown by an inventory made of even date ! herewith and executed by the local representative of the Uovernment and the representative of the F'ermittsa) be made available to the City of Corpus Christi, Texas for such City's temporary use thereof in connection with its operation of naval Auxiliary Air Station, Cuddihy Pield, under a Revocable _'erm£t of even date herewith. DD LUMIXOa, in consideration of tine fore.doiug, and the eoveraants an.i a yeamonts turd reservations heraivai'tor made, 1 li3 UlaTE'D represeated by the thief of the 3ureau of Yards and DOGk a 200'11;; %a er tho direction of the .*crstary of ' rhs navy, aerein- after called the ,'ormittor, =srsby grants to the City of Corpus Christi, Taxes, hereinafter called the eermittoe, permission to use all of the personal property, fixtures, *quipaiento at*, as shown on the Inventory above mentioned, the oriiinal of which &hill remain with the local representative of Lae uoverrga*nt and to which Inventory reference is here made for all purposes of description. The pox•.Ussioa heroby 6rautsd shall be subject to the follo%LW, conditions and prcvibions. 1. This permit shall be and b000z* effective as raf the date of its execution, and *,mll oe ladeterudrxate w,d revocable at the option and diseretiou of the karmittor, or by its duly authorized representative. 2. This perrait shall not be &55i,.nable or transferable except upon the written consent of the Government, or by its duly autnorized representative. 3* The 14rinittee is not to be considered as acquiring here- under any permanent interest of w:iatsver nature in the personal property, fixtures, equipment, etc* as hersinabovo referred to. . 4. In tba event that death or ijury oocvrs to are/ person. or loss, destrucLion or damage occurs to qny property, in ciorAiectiou with the use of the personal property and equipment authorised hereunder, occasioned in whole or in. oast by tlw acts or uniissicaw or the lermitte., Its aCents or employees, t'le Ponnittee agrees to indemnify and save ham- leas the iemittor from and against any loss, expense, claim or demands to lWhich the Fermittor may be subjected as a result of such death, lose, destruction or dams�,a. 5. All activities authorized hereunder shall be subject to such rules and regulations, as re,-,-ard& supurv_iislon or otherwise, an my, from tiros to tin, be proscribed by the Permittor, or by the Ohlar, Nav4a Air Basic Trainin&, Corpus Chrioti, Texas. who in hereby designated as the local representative of the Navy T)epartnonte 6* The Pormittee shall keep and maintain all the personal property, fixtures, furniture, etc. which It accepts under the above referred to inventory in good condition and ropsir and ahall properly protect toe er_railttor and its property froth loss or dw:si�e. i-11 costs and expenses Incurred are to be paid by Vhe i7sn; Ittoe in rutintaini%, -2— protecting and repairing such property and no part thereof shall be reimbursed by the ierTaittor. The ParmIttee mhnil at no time remove any of such property from she boundaries of the U. .3. naval Auxiliary Air Station, Cuddiiiy iiald. 7* Die Porraittor reserves the riLj& to enter the said pre- idses at auy time during the existoace of this permit for the purpose of inapocting the safaG in order to deteriaine vi.,ietlhor Vie torms -iaroof ar,j boin uozervod anti uw,rlod oul. by the 6. PoriUttee c1aall darir,6 tee t:crm of this ::eve the ri,,at ',*,o briab on �Izo aLa use, under its povait coverin, '+aval Auxiliary Air Fields. such additional personal property, fIxtures, furni- ture, etc. an it may deem necessary in connection with its operation of such field and all such personal property, fixtures, furniture. eto* anall remain the property of the earmittes and may be removed by the Fermittee upon the termination of this permit. The leor3ittoe Miall restore all personal property, fixtures, furniture, etc. used under this permit to the saj,is condition as f-,uch are In at the timo the Parmittee takes possession thore,-X less reasonable and ordinary wear and tear and dama,os by the eleawntz or b,,, ci.roiunetanoes over which the Pernittee ,gas no control. 9. Should varmittor desire to terminate or revoke tiiis permit, Pon."zAttor a6reas to Live true ermittee thirty (50) days written notice of its intention to do co before the termination of this pornit will be affect!-O. 10. 110 Nlamber of or Dele;. ;ate to Congress or Pasident Commissioner shall hall be admitted to &%, snare or part of this parmit, or to Any benefit to arise therefrom. li'othin,;, however, herein contained shall be construed to extend to any incorporated company, If the permit be for the .0neral benefit of such corporation or company. III WMIESO the Navy Department. on behalf of the United ;;testes of aurioa. 1e a oaused this permit to be executed this dey Of r)W. TIE, IMITED STAT'M OF XV,"'1ICA BY Py direction V the Chief ZT tr-10 Bureau of Yards & >�Ocks' acting under the direction of the "eor9- tary of the Navy. -3- T111S FOUT, is also exeouted by the Permitt" in Ackilow- lodgwnt and woceptance, of the berms herein set forth. ATTFSTt CITY OF CORFU3 GiUU, TI, TRW City 3earetary C:Lty N[krmher 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 August, A. D. 1917. G � � JITAYOR City of Corpus Christi, Texas ATTEST: : ( L I r —amity Secretary APPROVED AS TO LEGAL FORPd: _ j City Attorney Corpus Christi, Texas 1947 TO ME 10.1BERS OF I= CITY COUt:CIL 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, R City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Vdesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson 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 x /35