HomeMy WebLinkAbout03587 ORD - 11/11/1953TEXAS:
AN ORDINANCE No. 3567
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH
THE UNITED STATES OF AMERICA FOR A SITE FOR A COMBINED TOWER
AND COMMUNICATION STATION AT THE MUNICIPAL AIRPORT, CLIFF
MAUS FIELD, CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ACCORD-
ANCE WITH THE TERMS AND PROVISIONS OF SUCH AGREEMENT, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR-
ING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized and directed
for and on behalf of the City of Corpus Christi to execute an agreement with
the United States of America for a site for a combined Tower and Communication
Station at the Municipal Airport, Cliff Maus Field, Corpus Christi, Nueces County,
Texas, in accordance with the terms and provisions of such agreement, a copy
of which is attached hereto and made a part hereof.
SECTION 2. That the necessity for the negotiation of a lease for a
site for a combined Tower and Communication Station at the Municipal Airport,
Cliff Maus Field, Corpus Christi, Texas, creates a public emergency and an
imperative public necessity requiring 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 several meetings of the City Council, and the Mayor, having declared
that such public emergency and imperative public necessity exist, and having
requested that such Charter rule be suspended and that this ordinance be
passed finally on the date it is introduced, and take effect and be in full
force and effect from and after its passage, it is accordingly so ordained.
PASSED AND APPROVED, This the day of November, 1953.
f'
R- u- ev(x�c✓ \
MAYOR
THE CITY 1jF CORPUS CHRISTI, TEXAS
ATTEST }I
City Secretary~
APPROVED AS TO LEGAL FORM:
City Attorney O
3587
F— AC A -3
(U- 3. (3ove�mncnt Stzndby tL azd Roma Na.2
As modified tai T: Ci,
Aero tiutics
July July 3311, , 1L 6ian,)
(lie�sed 1919)
DEPARTMENT OF COMMERCE
CIVIL AERONAUTICS ADMINISTRATION
WASHINGTON
Airway
LEASE
between
OITi 1W 01 "2; iti. Cl:' ;ITT
and
THE UNITED STATES of AMERICA
1. This LEASE, made and entered into this
in the year one thousand nine hundred and Fifty--three
by and between Cu'i,'. °W C'r'Ai;
day of
cite for 0mabined Tsar
Cia,munlcation Station
Oita, Corp" Cdtieti,
ors.
Mzll
whose address is "ianieirel lix -port, Cliff -.ids luierld,
Carpus Christi, Te )w.s
for tts heirs, executors, administrators, successors, and assigns, herein-
after called the lessor, and the UNITED STATES or AMERICA, hereinafter called the Government:
WITNESSETx: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
2. The lessor hereby leases to the Government the following described premises, viz:
I "'' T 1 f> tract of liiZtd within the bouniaries of thy, ;unieiusl ,Airport, olifr
?aus Fiel-.;i, Comm Christi, Musess County, Peraas, described " f,,llows: Fraan. Us
,;,,ast lout ern corner z f a 12.75' x 16.751 fenoe onelw,.. Z the airport power trran.;-
for^ ,ers, t°oa n €10 Z 1.7.4 feet; thence ti', 430 � 11.2 feet to the ?oust 'if. iesirdl ;#
tl vnoe ; 43 7 fact; tiflrce .i 47° ,; 43 feet,; thence N 1,30 20 fsetp;'i!:. ®nee d 1,7"'
2`i.5 feet) thence V 43r Z 25.5' feel'.; thence " 4?0 x'1.2 feet; t1wricB 4 <a �5 31a.5
feet; tl;enee I,' 47° ''," 51.9 feet) to t ?se =Tint �f i?e_ nrtirz2, -;ad cmtainiug 0.20
acres, mare or leag.
WA 2 — n tract of Inad 15 feat sgmre inaralle7. ,Ith fiftoen (15) feet scut awest
frw.,, >z stern, Airlines t, torads ?WJ.diag with tTx; sw;t j.e; �ai; line of said tract <t uraject-
ion of southeast side of said 1�aatern Urlirec ; ;'VrS_r e SYtll= 41s1r, -, containir-4g G.OU51 acres
of land, Iaore or less, and located within the bxwdarie5 �f t .e ^uni.ci al i- irprrt, Guff
'us Field. ;Or-jus ubr ti, '.Sue qes 4vunt- , 1'eaxls.
And a right -of -way for ingress and egress to and from the premises; a right -of -way or rights -
of -way for establishing and maintaining a pole line or pole lines for extending electric power, tele-
phone, and telephone typewriter facilities to the premises; and rights -of -way for subsurface power,
communication 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 communication and signaling purposes, and other facilities and equipment for the
guidance and operation of aircraft;
And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the
premises, 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 HAVE AND To HOLD the said premises with their appurtenances for the term beginning
'4' 1P 19513 and ending with June :Jig, 1954.
d. The Government shall not assign this lease in any event, and shy "_ not sublet the demised
premises except, to a desirable tenant and for a similar purpose.
6. This lease may, at the option of the Government, be renewed fror: year ., year at a rental of
ne rx,d 11- loo Uollhrs (f IOU) per PzLm
and otherwise upon the terms and conditions herein specified, provided notice be given in writing to
the lessor at least thirty (30) days before this lease or any renewal thereof would other-
wise expire: Provided that no renewal thereof shall extend the period of occupar, - y of the premises
beyond the thirtieth (30) day of lelxle , 19 .58.
6. The lessor shall furnish to the Government, during the occupancy of said premises, under the
terms of this lease, as part of the rental consideration, the following:
rl<IIRMdG
7. The lessor shall not, during the 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.
8. The Government shall have the right, during the existence of this lease, to make alterations,
attach fixtures, and erect additions, 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 the property of the Government and may be removed therefrom by the Government 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: =a�9
no /M DoUars Ca.00 per srrnuta.
Payment shall be made at the end of each G0Vft%MeAt. U.;eR1 Yerri, uuae 3( h. En renW I VV
<Yznte utxc?er this Leese n;ri3l be s,ipde in arrerra without -ai Risaien of vouchars or isnvai.ce:
10. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated compD"y, if the lease be for the general benefit of
such corporation or company.
u— auaoa -x
F-- ACA 113
ovemmenu Standard F— W, 2
4s i—dj1!,.d fol IIIC� by the Civa
Ljt'
(Revised S I
U-Y 31, 1945)
it. Tbe last paragraph on FlUe I beginning with "Together with" and ending %ith
"aircraft thereon" was deleted, and this mrsgmph, as %-,ell as the attached rider
containing ParagraPhe 12, 13 and 14, weft inserted, all prior to signatwe of any
of the parties to this lea".
U . tr4 :jiwezyinert *! -U �avo twye tile rl'gvt :end rivjlq�-Ie to inoell am-4
mbitain ,� -Aatforr= P`-,r PrUnnr4i on top r r ,t t; ,'4nr.,tr Tlop-nted ad;actpnt
to ;1nd imrodiatel-4, norviwemt of tx* 11"In lemeed �Jrerd5w-' idar(AJI.fioci r,15 ',Tenet )11"
rt the 7overnment r.IAIA hnve V-,e riept of Intyrein,, I-nd w-ror�,; tc, rmch vite•,-m-a
vt PI-I til'mv.
1' m c : nvc mne!-tt .tee the on et �O �; t m e
, -t wvt -rlvtloge to e . no I A, -I- • --t r
sti e"ve Oystomr . af(d T.
nwv'j 1'nas nepre erlmeaent
P)r pqwer, gyts, -,,mter uIn'*,Iy Pa it' z,crovl t,',Q %dj4;Iir.inP_
111111ft. Of tie =eszar to tuo P'I'Alitia� ,Oi t��U' letsBad "ra} Ses, 'III b"r the
tcki-,t con"aiQr*, r'iute.q.
�
:4. Ti,; -
1-" kr-'xi 7OA Mw�.or ler J�� r 0, io:�-
I :L --�' ;.I-h , 1, 49
f�W rFo "iI a pa£ee neretoe hereunto Subser-jbed their names as of the date
first above written.
cm or CC4tm wasTi,
As the holder of a mortgage dated
against the above- described premises, the
undersigned hereby consents to the foregoing
lease and agrees that if, while the lease is in
force the mortgage is foreclosed, the foreclosure
shall not void the lease.
NONE
Mortgagee.
W1
- -- - ------ ------ - --- -- - - - --
y j * a: I.CSSOT.
By
THE UNITED STATES of AMERICA,
(If lessor is a corporation, the following certificate shall be executed by the secretary or assistant
secretary)
h - -- --- --------------- - - -- -- - -- - - -- - -- - ------------- -- --- - -- - --- certify that I am the
_-------- __. -------- . --------------------- - ------------ Secretary of the corporation named as lessor in the attached lease;
that ------ _-_ ------------------------------ -------- - - - -__ -- , who signed said lease
on behalf of the lessor, was then -------------- ------------------------------- 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
INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE
1. This form of lease shall be used by the Department of Commerce, Civil Aeronautics Admin-
istration, in the leasing of sites for air navigation purposes. After proper execution by the lessor,
the lease shall be submitted in quadruplicate to the Department of Commerce, Civil Aeronautics
Administration, for acceptance by its contracting officer.
2. The lease shall be dated and the full name and address of the lessor clearly shown in article
1. The premises shall be fully described in article 2 and the area shown. The location by refer-
ence to county and State, shall also be shown.
3. Whenever the lease is executed by the attorney, agent, or trustee on behalf of the lessor,
three authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor,
shall accompany the lease.
4. When the lessor is a partnership, the names of the partners composing the firm shall be stated
in the body of the lease. The lease shall be signed with the partnership name, followed by the name
of the partner signing the same.
5. Where the lessor is a corporation, the lease shall be signed with the corporate name, followed
by the signature and title of the officer or other person signing the same on its behalf, duly attested.
The corporate certificate on page 3 of the lease shall be properly filled in and the corporate seal
affixed. If the corporation does not have a seal, that should be stated on the certificate.
6. Whenever the lease is executed by an administrator or executor on behalf of an estate,
authenticated copies of the appropriate court order or probate certificate, evidencing his appointment
as such by the court having jurisdiction over the administration of the estate, shall be attached.
Real estate ordinarily vests in the heirs or devisees of the deceased owner and the fact that an execu-
tor or administrator has been appointed does not necessarily authorize him to lease such property.
Therefore, in addition to furnishing evidence of the appointment of the executor or administrator
the authority of the executor or administrator to lease such property shall be shown by the furnish-
ing of (a) an authenticated copy of an order of the court having jurisdiction over the administra-
tion of the estate; or (b) a certified copy of an extract from the laws of the State where the prop-
erty is located, with citations of the statutes extracted; or (c) an authenticated copy of the pro-
bated will, if any.
7. If in connection with the use of the leased premises, the lessor is agreeable to furnishing as
part of the rental consideration certain facilities and /or services, other than personal services, or is
agreeable to granting any additional rights and privileges not specifically indicated in the lease,
provision therefor shall be made under article 6.
8. If the premises are mortgaged the "Subordination of Mortgage Clause" shown on page 3
shall be filled in and signed by the mortgagee. If the premises are not mortgaged, the word "None"
shall be indicated in the space provided for the signature of the mortgagee.
9. If in addition to the mortgagee, there is any other person having an interest in the premises,
his or her written approval for the use of the premises by the United States for the desired pur-
pose shall be indicated on the lease.
10. There shall be no deviation from this form of lease without prior authorization by the
Director of Procurement, except —
(a) The first paragraph, page 2, beginning "Together with," may be deleted if the prem-
ises are not to be used to land and operate aircraft.
(b) Article 3 may be drafted to cover a monthly tenancy or other period less than a year,
if desired.
(c) In article 5 if a renewal for a specified period other than a year, or for a period optional
with the Government is desired, the phrase "from year to year" may be deleted and proper sub-
stitution made. If the right of renewal is not desired or cannot be secured, article 5 may be
deleted.
(d) Additional provisions, relating to the particular subject matter that may be mutually
agreed upon, may be inserted, if not in conflict with the standard provisions.
11. When additional provisions, relating to the particular subject matter that may be mutually
agreed upon, are inserted or when necessary deletions or other alterations are made before the
signing of the lease by the lessor, notation shall be made in the blank space following article 1.1 . to
the effect that they were made before the signing of the lease; if made after the signing of the lease,
they shall be properly initialed by the lessor.
12. If the property leased is located in a State requiring the recording of lease in order to pro-
tect the tenant's rights, care should be taken to comply with all such statutory requirements.
u. s, cevcxx Merl rxirvrix. orrc_ I9- 29303A '
CORPUS CHRISTI, TEXAS
J�� -/!?4-T953
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH 5N 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,
MAYOR
CITY OF CORFUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A, LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES *5• NAISMITH
W. JAMES BRACE C�
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN (�t�
ELLROY KING
P. Cr CALLAWAY Ll
JAMES S. NAISMITH
W. JAMES BRACE
G�
3557