HomeMy WebLinkAbout02214 ORD - 01/20/1948AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF CORPUS CHRISTI, TEW, TO E MCUTE
FOR AND ON BEHALF OF THE CITY A "REVOCABLE PER -
MIT" WITH THE UNITED STATES OF AIMICA COVERING
PERSONAL PROPERTY LOCATED AT CUDDIHY FIELD, SAID
PERMIT BEING IN LIEU OF AND TO TAKE THE PLACE
OF PERMIT AUTHORIZED IN ORDINANCE NO. 2123,
PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, ON THE 29TH DAY
OF JULY, A. D. 1947; AND DECLARING AN MJERGENCY.
, the City of Corpus Christi, Texas, is Lessee of por-
tion of Cuddihy Field, looated in Nueoes County, Texas; and,
WHEREAS, the United States of America has furnished certain
property at said field which is to be used by this City$ and,
-vum 91X, the United States of America has requested that a
new "Revocable Permit" be executed by the City in place of a "Revocable
Permit" authorized in Ordinance No. 21230 passed and approved by the
City Counoil on the 29th day of July, 1947$ and,
WIL9WAS, it is deemed necessary to execute an instrument govern-
ing the control and use of such property;
NOW, THEREFORE, BE IT ORDAUM BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS,
SECTION 1. That the City Manager of the City of Corpus Christi,
Texas, is hereby authorized and directed to execute for and on behalf of
said City a "Revocable Permit" with the United States of America, said
"Revocable Permit" being in lieu of and to take the place of the "Revocable
Permit" authorized by action of the City Counoil on July 29, 1947, and set
out in Ordinance No. 2123, a copy of the " Revooable Permit" herein autho-
rized being hereto attached and made a part hereof.for all pertinent pur-
poses and reading as follows, to-wit:
2-Z /'f
SECTION 2. The necessity for adequate operation of Cuddihy
Field by the City and the necessity for obtaining personal property
for use at said field creates a public emergency and public imperative
necessity requiring the suspension of the Charter rule that no ordi-
nance 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 .69- day of January, A. D. 1948.
City of Corpus Christi, Texas
ATTEST:
re cry
APPR AS TO LEGAL FORMS
RE V 0 CA B J.3 r Env IT
.' , tin LUM ST&M OF Am= by Proceedings in condowa-
tion, filed in the ttietriot Court of the United States for the Southern
District of TeaW, Corpses Christi B vialon entitlod, Ohited atates of
Amsrie s, v. 1761.81 Bores d latd, more or loss, situated in Nusm Comity$
Twee, and LaMar polda, Millie Iss afte Koch", at al - Civil Action No.
99, acquired the :tea aluptle title .bo oertaic. lands $m U4 develol rant and
operation of We airfields topthor with their oomplamentary facilitieo said
used in connection math rbo activities *X the U. S. ria=a TrainInG Bases,
Corpus Vhrieti, Tensi and,
UM-SAS, under the oLovee referred to acquisition 802.80 acres of
said land with that facilities Viareon situated haw beau desiVauted and
oporatbodAs tisct i. B. naval Awdliary Air Station, Cuddihy weld, Corpus
chdr,ti, i="j' find,
;'MUMS, in oo=actioal with the and operation of stwh
field the lit Daparivient %ac used " omd oonsiderable fixtures and
personal property in t":-a nature of furniture, oto., a portion of which is
in ®scteas to -the present a oe4s of tim Govar=aent, and,
MMMS,# it is the deesire of the 244vy Dopartment that such persons'
property, fixturas, equiWnt, eio. (aa shoun by an iaivMter7 nAde of even
date 1wrovith osad executed by the local representative of the Gcversnent aacd
Us representative of tine Pa ittoo) be : available to the City of Coate
Christi, Teaus for such City's tauporary use thereof As oo=otltm with Its
opaemtina of O'aval Av2dilar7 Air Station, Gvddiby Field, under a, lasso of
eeidfa date borwi'tka.
= TREWW E, in comidearation of the foregoing, and the oovo t'tA
mid a garevinonts and roservations haroluel -ter swede, T?3w fJ= —X3D STATES OF
A;
,,MI A, p`e'pY' rented by rate Chiof of the Bureau of yards and OwIm, aotbg
under the direction of the soorartazij of tizo 11mr p horeinart4r called t1w
Pa ittor, hereby „rants to the City of Corpus Cb,•Acti, Texas, hereinafter
called tiv Uttese, pomi.asion to use all of tw personal property, Suture
equiWzonts ante. as sPzoaru on bkte inventery obave montiammod, attached hereto s
made a part horee r, 5�wr$azd"7iazhibit A °, the orloaal of v oh shall rwain wii
tho laeal representative of the Goverment and to vach inventory reference 9
bore made for all purposes of description. The peralasion hereby grented
shall be subject to the following Conditions end provisionst
1. This permit shall be and beoore effective ass of the da:a" of
Ito execution, and shall be indeterminaSo and revocable at the option and
discretion of the Permitter, or by its duly aubhorised representative.
2. This psrmit shall not be ®ssi&iabhle or transferable except
upon the written consent of this Government, or by its duly authorised repre-
aentative.
3. The Pormittee is :not to be considered as acquiring hereaxador
wW permanent interest of whatover nature in the personal property, fixtures
equt9mat, eto. as hereinabove referred to.
4. In -the event that death or injury occurs to any person, or laa�
destruction or d=&V ocohure to any property, in cosmectioU with, the use of
the personal property and equipaaent authorised hereunder, occasioned is who:
or in part by the acts or omissions of the Parmittee, Its agents or employe,
the Perfdttee agrees to indmmnify and save haraless tine Per„ittor from and
aaeainst any loss, expense, claIme or demands to which the Forraittor may be
subjected as a, result of ouch death, lose, destruction or damage.
b. All activities authorised hereunder shall be subject to such
rules and regulations, as regards supervision or othexwises so racy, from tic
to time, be prescribed by the ternittor, or by the Chief, ftwal Air Basic
TraitJ3 ac, Corpus Christi, Texas, w?w is hereby designated as the local repr
sentative of the Navy Department.
S. Trm Formittas shall keep and xmi'ntain all the personal proper
fixtures, furniture, ate. which it accepts under the above referred to muse+
tort' in Brood ooadition and repair and shall properly protect the Permitter
and its property from lose or dwaage. A].l costs and expenses incurred an tc
be paid by the Forr,ittee in r:aiaitvining, proteetin€ and repairing such propw
arty and no part thereof shall be reimbursed by the Parcaitter. The Permittoc
shall at no time resaove any of such property from the boundaries of the U. S.
Naval Auxiliary Air Station, Cuddihy Field.
7. Tin Permitter reserves the right to enter the said promises at
cart tine during the existence of this permit for the purpose of inspecting
the same is osier to dotor,:ire whether the terms hereof are being d 6perved
and carried out by the t'ermittee.
.$
8. Permittee shell during the torzm of this permit, have the
right to bring on to and use under its lasso stovaring U. S. Naval Auxiliary
Air Fiolda, eiuch additional personal propeAYS fixtures, furniture, oU . as
it may doom necessary in connection with its operation of such field and all
suon personal property, fixtures, furniture, atom shall remain the property
of the Parmittoo and ;nay be removed by this PonUttee upon the tomination of
this permit. The Yarnittee shall rosters all personal property* fixtures,
furniture, etc. used under this permit to the o ie condition ac such are in
at the time the pamittee teas possession thereof leas reasonable and
ordinary wear and tear and damages by the elements or b;, circumstances (war
which tlao kormittoo has no control.
9, Should Pernittor desire to ;errjinata or revoke this permit,
Permittor agrees to give the Fermittee thirty (30) days vrritten notice of
Its intention to do so before the tenaination of this painit will be
effective.
30. No Member of or Relegate to Congress or Resident Comissioner
shall be ackitted to any share or part of tUs penult, or to any benefit to
arise therefrom,* Nothing, however, herein eo=aiwd shall be coastruod to
extend to say incorporated oompany* if t1-a permit be for the general benefit
of such corporation or company.
IE WITNESS SSIM", , the Navy aepaartcient, on behalf of the United
States of America, has caused this pornit to be executed this dig
of If 1948•
TBE MTED SPATES OF AYMICA
Bg
By direction of the Chief of
the Bureau of Yards & Docks,
acting under the direction of
the Secretary of the Navy.
TaS FMUT, is also executed by the Fervittee in aeknouledpent
and acceptance of tra teams herein set forth.
ATTESTi CITY OF OCRPUS CHRISTI, TMAS
City Secretary City Manager
,.g..
Corpus Chr/�isti, Texas
January .&_, 1948
TO THE MEMBERS 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 peas 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 votes
Wesley E. Seale
John A. Ferris
George R. Clerk, Jr.
R. R. Henry
Joe T. Dawson
The above ordinance was passed by following vote:
Wesley E. Seale
John A. Ferris
George R. Clark, Jr.
R. R. Henry
Joe T. Dawson
2214