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HomeMy WebLinkAbout02154 ORD - 09/16/1947AN ORDINANCE AUTHORIZING AND DIRECTING TIE CITY btANAGER OF THE CITY OF CORPUS CIiRISTI, TEXAS, TO E%ECUTE FOR AND ON BEHALF OF THE CITY A PERSONAL PROP- ERTY PERDIIT WITH THE MUTED STATES OF AVERICA COVERING PERSUNAL PROPERTY LOCATED AT CUDDIHY FIELD AND DECLARING AN h11E2GENCY. WHEREAS, 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, ','AMREAS, it is necessary to execute an instrument governing the control and use of such personal property; NOW, ThEREFORE, BE IT ORDAINED BY VE CITY COUNCIL OF TIM 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: '^ sl KAYDOCSS lid R -E -V -0 - C- A -8 -L-E P- E- R -M-1- T ('ersonal iroperty) i,IJIMEAS. the United .states of Amrioa by proceedings in condemnation, .filed in the District Court of the t iled states for the Southern ;.tistrict of Texas, Corpus Christi Division on- titled, "'Lited Statea of America Y. 171x.81 acres of land, more or less, situated in Nueoes county, xexan find.?,araar Folds; ;Tillie Tsensee Fischer, of el - Civil Action No. 97, acquired the fee simple title to certain lands for the develo°k=at anal operation of two airfields to sthar vrith their corTlementary facia =ties and used in constectiun with tits aotivitias of Vic U. :3. Laval Training Bases. Corpus Christi, Texas$ ruzd. wiµ} iu AS. in connection with the operation of said C'ui tad ::Cates Naval Air wtatior., the united :states acquired certain personal prop- erty s:.d equipment. an inventory of which is act forth as 'x :ibit "A" hereof, tits use of wnicir said personal property and oquip=nt is ueairod bi tiw City of Qorpua QXisti, Texas. :Ors 2"';, in considera-cion of the fora ;oiny -. anti of i_m covenants anc! at;rop cants hereinafter iaez tioned, 1:: , S :nP 5T:ti'TES CAI tX; tkI;;Af represented by the Chief of the !iureau of Yards and Wake, sating under the diroction of the 3eeretary of the Navy. hereinaftur called the Pormittor, hereby irauts unto the City of Corpus G,twisti, Stars of 'Texas, hereinafter called the Permittee, permission to use the personal property and equipment of the Permittor described and enumerated in an inventory of such property attached hereto W.d made a part hereof, narked lichibit "A ". the pormi,ssion hereby fir_..nted shall be subject to the following provisions and conditions, 1. This permit shad be azvl become effective as of the date Of its execution, and shall be indeterninate and revocable at the option a.:4 disere'tion of tin; i'ormittor, or by its du4r authorised representative. 2. 3his permit shall not be assignable or transferable except upon the written consent of tie "erndttor. or by its duly authorised representativo. 3. The Iermittee shall not be considered as acquiring; hereunder arW permaneixt irtorect or claim of v:inatevor ac.ture in the property covered by this pvrmcit, nor ahrall anyt iz& herein contained be con - stru©d as accord:; to t:c Paraittee:. s to accuire tine title to said property or ar;y i,art theroof in tao cvart sf.ch proporty is declared tc '00 in excess of 'i:ne noodP l:i:d ra i'Ji:Sibliit ":ciP c,' t-Lo .',awl ;espartment. Tine pormittee sl.all uot. without tt.0 axlur writton consent of the Pormi.ttor. or its duly authorised rapr®eentative, remove aril of the property from the premises upon which it iz looeted, nor shall the Permittee exercise any rir ht or ri,: is of amiership tnereover. unless and until it has acquired tiie legal title thereto from thw age=ncy, department or iiuleperdeut astahlisharont of t:w United "tatss =aaviug jurisdiction or control over such property. me Permittee. by its aoceptar ce of this permit assurac+s responsibility- for said prvpercy as the custodian therooi, and it reyuixed by the Permittar, or by its duly a,zthorited rspresentative herei:_ nsmad. shall render an aeeourtint; thereof. The ;'erruttt:e s;;all zaa.intai� said perso.al property srd equiMwit in :: ucoc ai.d serviceable cold -ion and, upon tiles termination of this per;Ut, the rorsdttee allaix1l ret,arn to tze i:nited States, in as mod conrlitiun as whoa received (ordinary wear au:d toar oxeepted) all of said property, or such part thereof as my,r be required by the eerzdttor, or by the "nay. department or independent establishment of the United States havia6 jurisdiction or control over ouch property. L, In the went that death or injury occurs to any person, or loss, destruction or damage occurs to guy property, in connection with tae use 0� the pers oral. property and equipmoat au horized here- under, occasioned in whole or in part by the acts or, omiasiona of the 'ermittee, its a�,omts or amplorjoes, the iermittue agrees to in- dsmuify and save 1mrmlesp the L. ?orlmittor from and against any lose, expense, claims or demands to >ihloh tiro Pormittor may be subjected as a re z -alt of such death, loss, destruction or damai;e. 5. All activities authorized hereunder shall be subject to such rules and regulations, as regards supervision or otherwise, as my, frm time to time, be prescribed by the Permitter, or by the chief of naval Air Basic TraiT.in., Corpus Christi, Texas, who is hereIV designated as the local representative of the iAavy Departissnt. ti. Wo Member of or Delegate to ony;ress or Resident Co¢arnissionor shall be admitted to any share or ;part of this per-it or to aa{r benefit to arise thorairow. ot:ndi;&, hanger, <erafn contained slaall be constrixed tc exteud to &iW inoorporatod compary if the parfait be for the uoaoral benefit of aueta corporation or eampany. .' itwl%, the uvy oupartreut, on beiaalf of the United ^testes has caused this pormit to be executed this day of , 1S47. Trtti VAT"-"5 ip 11vi -2t!GA, e3,Y By direction oz the Chlof of the itureau of Yards and Dooks acting under the direction of the Secretary of the t4a-r y. TdI3.1IiXAIT. is also executed by the Per"i.ttee in aolmovledgueat Tau: acceptsnoe of ciao terw 1-wrein out forth. CITY JF CJRIPUS GItUSTI, tY`aS Sy City anger ATTESTS City : ezretar y Electronic Control Tower iquipment under eognisamoe of the bar•au of Ships to be transferred for use at Formes NAAS Cumddiiy Field. Texas, in oesmection with its operation as a civilian airport. Item Description Standard Commodity Unit Total Classification Condition Ho. Coat Cost A TS-e5 Transmitter 41 Used -good 1 150.00 150.00 9 X H 1 8 1 T " &s 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 Y.ayor 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 f Y M�G = -a;' ,A. D. 19+7• City of Corpus Christi, Texas ATTEST: �• 0 city Secretary APPROVED AS TO LEGAL F0 : Ci y A' orna ais an Ci y Attorney Corpus Christi, Texas September 1/ , 194] TO THE DEVISERS 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, P MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E, Seale George R. Clark, Jr. John A. Ferris Ray R. Henry,, Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris Ray R. Henry Joe T. Dawson zfs4