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HomeMy WebLinkAbout03064 ORD - 06/05/1951AN ORDINANCE NO. ACCEPTING A GRANT OFFER AND AUTHORIZING THE - EXECUTION OF ME GRANT AGREE NT TO BE SUB- MITTED TO TEE ADMINISTRATOR OF CIVIL AERONAU- TICS, UNITED STATES DEPARTMENT OF COMMERCE, TO OBTAIN FEDERAL AID IN THE DEVELOPMENT OF CLIFF MAUS MUNICIPAL AIRPORT OF THE CITY OF' CORPUS CHRISTI, TEXAS, A COPY OF SAID AGREE - MENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TBE CITY COUNCIL OF THE CITY OF CORPUS ' CHRISTI, TEXAS: ` SECTION 1. That the City of Corpus Christi, Texas, shall enter into the Grant Agreement for the purpose of obtaining Federal Aid in the develcpment of the Cliff Maus Municipal Airport and that such agreement shall be as set forth hereinbelow. SECTION 2. That the City of Corpus Christi, Texas, is hereby authorised and directed to execute said Grant Agreement in six copies on behalf of the City of Corpus Christi, Texas, and the Sao re- " tary is hereby authorized and directed to impress the official seal ' of this City of CorpusChristi and to attest said execution. SECTION 3. That the Grant Agreement referred to hereinabove .hall be as follows: 3�9 4 SECTION 4. That the fact that it is necessary to have mediate action on the part of the City of Corpus Christi to complete its application for Federal Aid in the development of its Municipal Airport creates a public emergenoy and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, declaring such emergency and necessity to exists having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction - and talm effect and be in full force and effect from and after its passage, IT IS SO ORDAINED. PASSED AND APPROVED, This the day of June, A. D. 1952- MAYOR City of Corpus Christi, Texas T: City � aratary APPR VED AST UaQ FORM: City Attorney° — TO: Ok6y of Cti r,�s o .cbrlisti, Tout -(herein referred'to,as the '!Sponsor ") FROM: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the "Administrator ") WHEREAS, the Sponsor has submitted to the Administrator a Project Applica- tion dated ,q 1� for a grant of Federal funds for a project for development ofpthe -1y11� �, Airport (herein called the "Airport "), together w`th glans and specifications for such project, which - Project Application, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project ") consisting of the following described airport development: Z,aIA Acquisition all as more particularly described in the property map and plans and specifi- cations incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purposes of carrying out,the provi- sions of the Federal Airport Act (60 Stat. 170; Pdb,- Law.377, 79th Congress), and in consideration of (a) the Sponsor's adoption' and ratification of the representations and assurances contained in said!Project�4plication, and its acceptance of this Offer, as hereinafter �,iolvvided, afid)(b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of ttiefAlrpoEtYas herein provided, Ir0= ACA -1682 (b-19) _Finn ' A6e -1632' (sic)? Pagel, of 4' pages - DEPARTMENT OF COMtAFRCE - ' ;CIVIL •AERONAUTICS .ADMINISTRATION r WASHINGTON 25 - GRANT AGREEMENT ar Offer Date of Offer+1 •01 fps Airport • _ - Project No. 941- m-ay TO: Ok6y of Cti r,�s o .cbrlisti, Tout -(herein referred'to,as the '!Sponsor ") FROM: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred to as the "Administrator ") WHEREAS, the Sponsor has submitted to the Administrator a Project Applica- tion dated ,q 1� for a grant of Federal funds for a project for development ofpthe -1y11� �, Airport (herein called the "Airport "), together w`th glans and specifications for such project, which - Project Application, as approved by the Administrator, is hereby incorporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project ") consisting of the following described airport development: Z,aIA Acquisition all as more particularly described in the property map and plans and specifi- cations incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purposes of carrying out,the provi- sions of the Federal Airport Act (60 Stat. 170; Pdb,- Law.377, 79th Congress), and in consideration of (a) the Sponsor's adoption' and ratification of the representations and assurances contained in said!Project�4plication, and its acceptance of this Offer, as hereinafter �,iolvvided, afid)(b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of ttiefAlrpoEtYas herein provided, Ir0= ACA -1682 (b-19) i JF' _ a;� ""'t'- ^ {�av�rr,,:; s;s,`'s"+- r,^'j.: •`; .S""_:n "�'? �f:;.s• =4 ": , Page 2 of A pages uTHE ~ADMI,NI_STRAT �A _OR, FOR AND ON BEHALF OF IME UNITED STATES, HEREBY OFFERSND AGREES -to pay, as the United States'•d .qg L'C:C! Iftunta 14 tots ci c pe(31 RiXS1iiQ ; 3h Cd11$#p 1t 3 tat jiststii4:ifi�'d?tcurif .:.. 4. �-- - a..,-t...+= Vim+'•; • . k 1. The maximum_obli ation of the United States° p "ayabTe -under this Offer 2. The Sponsor -shall (a) begin accomplishment of the Project within a reasonable time !after acceptance of this Offer, and . (b) carryout and complete the Project in accordance with the terms of this bffer; "and -the 'Federal• Airport Act and the- Regulations promulgated thereunder by the Administrator in effect on the date of this ,Offer, which Act and Regulations are incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the plans - and specifications and property map incorporated herein as they may be revised or modified with the approval of the Administra- tor or his duly authorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein. 4. 5. Any misrepresentation or omission of a material fact by the Sponsor concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor in accepting this Offer shall terminate the obligation of the United States, and it is understood and agreed by the Sponsor in accepting this Offer that if a material fact has been misrepresented or omitted by the Sponsor, the Adminis- trator on behalf of the United States may recover all grant payments made. 6. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. �r 7. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of thp,Proj"ect unless this Offer has been accepted by the Sponsor within 60 days from'the above date of Offer or such longer time as may be prescribed by the Administrator in writing. ( ` 10-- b496T-0 �� " Frorm ece -issa Pa9t 3 of 4 gages $« �i4� $t_1E aastwt32jF •a�L4i°itc'�Cd lknd agtie�d t8�sat the United 8tatee ,rile., r1ot'ran fiitiel �nrtat' of the obo6b]s costs 'of this �ojee,t t�tii tbie Lies s*mftt" saftsf#mtory evidenct that the of Airports+wta� Vo. 672, 4ww siq) r -i, 1946, have Ursa protesU& by the adr,Ptiast t+8 A soul % 4s&ut044' ald zsg"ticns or 'by seouring avi�at m eascaentis: 4i 6t6VWU s, Mbibitiag tbO creation, esteb- llsbment, erection sir- conetruatioa 3a such areas of airport haeaxKis to the extetnt ,provided for in such Drawl" or aggmead by the AdawStrator as sufficient in the oaat of aria particular air - is furtl= iva13y Undavtm& and agreed that if the ggmeit WSSO shall bays beau prqteatect by tbi segUaltion of avigatian'aaseaerstr or otlssr tvierssis in land, the assatrtion or tbit ab�lgatAan $hail cot Operatt to bar iaalusfan of such +eet}ulsitian in a subesq=Lt .project. (b) it is MUMMY mderstoad and agreed that the united States will not , nor be obligated to Zahe, $Wy p ub Un&r tbIS Grout Agrea012t until the Sponsor bas sabaltted evldemee satis« fast€ary to "All AQain3SUAtor that it is the owner Sri i'ec siaglt of Parcel A as shorn on Zzhibit ",A" to the Proje at Application, ina02-purated herein sacs aaa" a Bart he"or, and also the Ime to 'Eae acquired udc this foram Agreseant *joh is dasl=mted cn Exhibit "A" as parcels "B ", "C", anst. 'D ", all subjeat to ao liens encumbrances, resermuons or exceptions Which in the opinion of tier ABaiuistrstor wauld create as undrm risk of interferanee with acaoapliebmtnt of the project or the use and opekstion of the airport. S Page of 4 pages The Sponsor's acceptance of this Offer and fatification and adoption of the Proj- ect Application incorporated herein shall be evidenced by execution of this in- strument by the Sponsor, as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, consti- tuting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's accept- ance or trii"s offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA THE ADMINISTRATOR OF CIVIL AERONAUTICS By--------------------- — ---------- _ --------------------------------------- Acting Regional Administrator, Region To= Part II — Acceptance The City of Corpus Chrtsti, Tars does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this -- --- ---- -- -- ---- ---_--- -- day of - --- -- -------- - - -- -- 19---- --• - 4D 3-:L- �i� �fr^?�t3 �. '£�"r3�r '�' - -- ----- - ----- (Name of Sponsor) By-------------------------------------------------------------------------- (SEAL) Title--------------------------- -------------- --- ---------------- ----- Attest- ----------------------------°..-------------------------------- Title- ---------------------------------------------------------------- CERTIFICATE OF SPONSOR'S ATTORNEY I• ---------------------------------- -------- ----- -------- -- ------ acting as Attorney for do hereby certify: I o ` ti. ,'i=•s That I have examined the foregoing Grant Agreement and the proceedings taken by said relating thereto, and Find that the Acceptance "C i3 "'Cliiii$" C$i'S$f S thereof by ai _C v__�_f __ __ 3 i has been duly authorized and that the execution thereof 11 ili � specEsftdue —and proper and in accordance with the laws of the State of __� ... ................__, and further that, in my opinion, said Grant Agreement constitutes aal and binding obligation of the City sP ZaTpO� L�siist3i Tow. in accordance with the terms thereof. Dated at ----------------------------- u. e. corvx.cxr rnxn., env 1E -61WTK .............. this -- -- -- ----- -- -- ---- --- day of -------- --- --- --- --- - -- ------------------------ Titl e - -----t ------------------------ 19 ------ PbrlaACA -1889 Corpus Christi, Texas S , 195 TO THE IMEBS OF THE CITY COUNCIL ' Corpus Christi, Tema Gentlemen: For the reasons set forth in the emergency clause of the fore- going 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. 30(Z/ Respectfully, i'AYCR ' City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon " George L. Lawman �• The above ordinance was passed by the following vote: Leslie dasserman Jack orrest Barney C Lott Sydney E. Herndon George L. Lowman `. 30(Z/