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Home My WebLink About02167 ORD - 10/14/1947API ORDINA 3CE AUTNORIZIIG 101) DIRECTIITG THE CITY T '':PdAGLR OF THE CITY OF CORPUS CFMSTI, TEXAS, TO B2ECUTE FOR AND ON BEHALF OF THP CITY OF CCRI'US CHRISTI A LEASE TO THE U. S. CIVIL AEROPIAUTICS ADI,IINIS- TRATION' FOR LAND VUTHIN THE BOUNDARIES OF 'TrE CORPUS CILRISTI Ni1P;ICIPAL AIRPORT AND DECLARIF.G A,j E'��'��RGEAICY. BE IT ORDAINED BY T13E CITY COUNCIL OF THE CITY OF CORPUS CIhRISTI, Tmu. 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, a lease to the U. S. Civil Aeronautics kdnunistration for land within the boundaries of the Corpus Christi P;unicipal Airport; a copy of such lease is attached hereto and made a part hereof and reads as follows, tc -wit: 217 C 0 P Y Form ACA 11.13 " (U.S.Gotrernment Standard Norm :Qo. 2 As modified for use by the Civil Aeronautics (1dministration) (Revised January 1, 191 4) D'yPA.RT1,1ENT Of COP:I:TERCE CIVIL ALRODAUTICS ADb &INISTREYTIGN WASHINGTON L E A a B between CITY Or CORPUS CIiI2ISTI and T IT MUTED STATES OF Ak"ERICA Site for Interstate Airway Communication Station, Corpus Christi, Texas 1. This LEASE, made and entered into this day of in the year one thousand nine hundred and forty -seven by and between CITY OF CORPUS CITRISTT_, whose address is ;Municipal Airport, Corpus Christi, Texas, for its heirs, executors, adminis- trators, successors, and assigns, hereinafter called the lessor, and the UNIND STk'T;3S OF X 11RICA, hereinafter called the Goverment: vilTNESSETIH: The parties hereto for the consideration herein- after mentioned covenant and agree as follows; 2. The lessor hereby leases to the Government the following described premises, viz: "A tract of land within the boundaries of -the Corpus Christi P:cnicipal Airport (Cliff h1aus Field), Nueces County, Texas, and described as follows: From the most southern corner of a 12.75 ft. x 10.77 ft. fence en- olosing the airport power transformers, go 3 47 E 19.1 feet; thence S 43 1i 11.2 Feet to Point of Beginning. Thence S 43 1'1 56.0 feet; thence S 47 '.5 70.5 feet; thence N 43 E 25.5 feet; thence N 47 SJ 21.2 feet; thence N 43 E 30.5 feet; thence N 47 "t'; L,9.3 feet to Point of Begianin;, and containinC 3,301 square feet." And a right- of-way for ingress and egress to and from the premises; a right-of-way or rights- of-way for ostablishir.0 and main. - tainine: a pole line or pole lines for extendinE electric pm ^ier, tele- thon, and telephone typewriter facilities to the premises; and rights - of-way for subsurface power, conuaunication and water lines to the premises; all rights -of -way to be over the said lands and. adjoining lands of the lessor and, unless hereinbefore described by metes and bounds, to be by the most convenient routes; (and the right to establish and maintain beacon lights and other lighting; equipment, radio, and other facilities for communica- tion and signaling purposes, and other facilities and equipment for the guidance and operation of aircraft; And the right of grading, condition, installing drainage facilities, and seeding the soil of the promises, and the removal of all obstructions from the premises which may constitute a hindrance or hazard to the operation of aircraft or to the establishment and maintenance of air navigation facilities; 3. TO 11F01B iUID TO HOLD the said premises with their appurtenances for the term, beginning October 1, 1947, and ending with June 30, 1948- 4. The Government shall not assign this lease ir_ any event, and shall not sublet the demised premises except to a desirable tenant and for a similar purpose. 5. This lease may, at the option of the Government, be renewed from year to year at a rental of One and I40/100 Dollars (y1.00) per annum and otherwise upon the terms and conditions herein specified, provided notice be given in writing to the lessor at least thirty days before this lease or any renewal thereof would otherwise expire: Pro- vided that no renewal thereof shall extend the period of occupancy of the premises beyond the thirtieth day of June, 1952- . 6. The lessor shall furnish to the Government, durinL. the occupancy of said premises, under the terns of this lease, as part of the rental consideration, the following: The Government is granted the right to connect to City water acid sevfage systems, and'run under- ground lines from the nearest convenient connection for prn ^rer, telephone, natural gas, water supply and sewage across the adjoining lands of the Lessor to the COMMuMication Station located on the leased area, all by the most convenient routes. 'Elie Lessor ac.rees to furnish and to pay for all heat, water and janitor service which will be required in connection with the operation and occupancy by the Government of its facilities. -2- 7. The lessor shall not, during tie term of this lease erect any structures on the premises, nor use nor allow the use of the said premises in any manner without the written consent of the Depart- ment of Commerce, Civil Aeronautics administration. S. The Government shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect addi- tions, structures or signs, in or upon the premises hereby leased, . which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain I;he property of the Government and may be removed therefrom by the Goverment upon the termination of this lease or within 90 days thereafter. 9. The Government shall pay the lessor, for the premises, rent at the following rate: One and no hundred Dollars 01.00) per annum. Payment shall be made at the end of each Government fiscal year (June 30th). 10. No ;Member of or Delegate to Congress or Resident Commissioner shall be admitted to any snare or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the Ser_eral benefit of such corporation or company. 11. The last paragraph on page 1, beginning with "Together with" and ending with "Aircraft thereon ", was deleted prior to signature of any of the parties to this lease. 12. The Government shall have the right and privilege of maintaining poles and antenna wires on airport property, provided such poles and wires do not constitute a hazard to the operation of air- craft on the field. 13. This lease supersedes and replaces Lease Cl +ca -715, executed by the City of Corpus Christi under date of Kovember 16, 1937- 14. This paragraph, as well as paragraphs 11, 12 and 13 above, and the Dion - Discrimination Clause, was inserted herein and made a part of this lease, all prior to signature of any of the parties to this lease. -3- IN 'aITNESS WHEREOF, the parties hereto have hereunto sub- scribed their names as of the date first above written. eis the holder of a wort- CITY OF CORPUS CHRISTI gage dated None against the above - described BY premises, the undersigned hereby Lessor. consents to the foregoing lease and agrees that if, while the Title lease is in force the mortgage is foreclosed, the foreclosure shall not void the lease. TEE UNITED STATES OF IV4ERICA, Mortgagee. By (If lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary) I, A. C. lJolbeck, certify that I am the City Secretary of the corporation named as lessor in the attached lease; that H. H. Allen, who signed said lease on behalf of the lessor, was then City Manager of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.. CORPORATE SEAL) Shown on margin of original lease: NION- DISCRININATIONd: The contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor shall include a similar provision in any subcontracts he may enter into in connection with the performance of this contract. (Executive Order No. 9346 dated May 27, 1943•) SECTION 2. The necessity for maintaining proper airport facilities at Cliff Maus Airport 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 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 UJD AP -IRC PD this /� day of October, A. D. 1947- MA City of Corpus Christi, Texas ATTEST: city Secre ary APPROVED AS TO LEGAL FORMM: t orney;,_ i,l Corpus Christi, Texas October 197 TO THE A/0,'P.IBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlement 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, therefor% 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, City of Corpus Christi, Texas The Charter rule was suspended by the following vote-- 4esley L. Seale George R. Clark, Jr. John . Ferris R. R. ilenry Joe T. Dawsor_� The above ordinance was passed by the following vote: Lesley E. 3ea.le George R. Clark, Jr. John A. Ferris R. R. lienry� Joe T. Lawson, '2-/&7