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Home My WebLink About05463 ORD - 08/12/1959BWS:MW 8 -12 -59 Q� AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, WITH THE UNITED STATES OF AMERICA TERMINATING LEASE AGREEMENT NO. NOr R - 0302 HERETOFORE ENTERED INTO BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE LEASE OF CUDDIHY FIELD; PROVIDING FOR THE CONSIDERATION TO BE PAID TO THE GOVERNMENT; AND DECLARING AN EMERGENCY. WHEREAS, THE UNITED STATES OF AMERICA DID ON OR ABOUT MAY 2, 1951, LEASE THE FORMER UNITED STATES NAVAL AUXILIARY AIR STATION, CUDDIHY FIELD, WITH THE CITY OF CORPUS CHRISTI, TEXAS By LEASE AGREEMENT N0. NOY(R) -60302 FOR A TERM OF 25 YEARS, ENDING JUNE 30, 1975; AND WHEREAS, CERTAIN REAL AND PERSONAL PROPERTY, AS SHOWN ON EXHIBITS "Alt, IIp U Ii AND "C" "C" ATTACHED TO SAID LEASE WERE MADE A PART OF SAID LEASE AND LEASED TO THE CITY; AND WHEREAS, THE CITY HAS CONTINUOUSLY, SINCE THE AFOREMENTIONED DATE OF LEASE, HAD POSSESSION OF CUDDIHY FIELD AND HAS USED THE FIELD FOR THE STORAGE, REPAIR, MAINTENANCE AND USE OF APPROXIMATELY 125 LOCALLY OWNED PRIVATE AND EXECUTIVE TYPE AIRCRAFT; AND WHEREAS, THE CITY DOES NOT HAVE, AT THIS TIME, SUFFICIENT FACILITIES TO PROVIDE FOR THE AFOREMENTIONED PRIVATE AND EXECUTIVE AIRCRAFT USED AND BASED AT CUDDIHY FIELD, AND THEREFORE DESIRES TO MAINTAIN POSSESSION OF THE FIELD DURING THE REMAINING TERM OF THE LEASE AND MUST MAINTAIN POSSESSION OF CUDDIHY FIELD FOR A PERIOD OF AT LEAST 18 MONTHS UNTIL THE NEW CORPUS CHRISTI MUNICIPAL AIRPORT MAY BE CONSTRUCTED AND PLACED IN USE AS AN AIR- PORT; AND WHEREAS, CERTAIN ITEMS OF PERSONAL PROPERTY, LEASED TO THE CITY UNDER THE AFOREMENTIONED LEASE AGREEMENT, AS SHOWN ON EXHIBIT IIC" THERETO, WERE FROM TIME TO TIME SURRENDERED BY THE CITY TO THE GOVERNMENT; AND WHEREAS, THE PERSONAL PROPERTY THAT WAS NOT SURRENDERED BY THE CITY TO THE GOVERNMENT STILL REMAINS IN POSSESSION OF THE CITY AND IS, DUE TO ITS AGE AND CONDITION, NON - USEABLE FOR THE PURPOSES FOR WHICH IT WAS ORIGINALLY INTENDED; AND WHEREAS, IT IS THE DESIRE AND DEMAND OF THE GOVERNMENT TO TERMINATE THE AFORESAID LEASE AGREEMENT BETWEEN THE CITY AND THE GOVERNMENT, AND IN 5463 ORDER TO COMPLY WITH THE DESIRES AND DEMANDS OF THE GOVERNMENT A TERMINATION AGREEMENT SHOULD BE ENTERED INTO BETWEEN THE CITY AND THE GOVERNMENT WHICH WILL DISPOSE OF ALL MATTERS PERTAINING TO THE LEASE, BY THE CITY PAYING TO THE GOVERNMENT,AS CONSIDERATION FOR A COMPLETE RELEASE FROM ANY LIABILITY GROWING OUT OF OR CONNECTED WITH SAID LEASE AND POSSESSION, THE SUM OF $10.00 AND THE SURRENDER BY THE CITY OF THE UNEXPIRED TERM OF THE LEASE,BEING APPROXI- MATELY 16 YEARS, AND THE GOVERNMENT AGREEING TO ALLOW THE CITY THE POSSESSION OF THE PREMISES FOR A PMRIOD OF 18 MONTHS; AFFORDING A COMPLETE RELEASE AND DONATING THE REMAINING PERSONAL PROPERTY TO THE CITY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE AN AGREE- MENT WITH THE GOVERNMENT TERMINATING LEASE AGREEMENT NO. NOY(R)- 60302 HERE- TOFORE ENTERED INTO ON MAY 2, 1951 BETWEEN THE GOVERNMENT AND THE CITY. SAID TERMINATION AGREEMENT TO BE IN WORDS AND FIGURES AS FOLLOWS, TO -WIT: -2- W, 14041" 4 12t5 TE�,t�iMCAr'iTII:�1 �t'tnTNT €�.TI�f >EFI TFiE UNITE() iTATES (S' AIft+1C Ai4€) TIIE CITY or i L" Its Tly UNA$ K*M f.LL AN Ejy TttE.X PRESEW54 uW105,ot THE UNITED STATES, OF 4 W.RICAt oEI1E1wAF1ER CALLt:D TIM °G&0YEjjNME+1'F° $IF YIATUC Dr All A1►4ttswoof a LEAWj DATM:D PAY 21, �i4�17 LCA$ED Tei rllr EiYY ur CjkW CkjRl5T1,* TE$Xk& "CoogiNA"CR CALLED INC 0TY' CCATARN 1SEAL AND PE 'J4MAL POOKIlve, As SNOW" an Littilmin .`D ADD G' ATTACHED TO "19 LEA" AMO "WE A fART TNiAEEgFrR COi4fAlIM11IG AI4D tUCATED AT INC f0'Ailrie U. ", NAVAL AUJJLIAIAW A10 STATION' (,OM"4Y IrACUD* TCIIASf FOR A TIriN QF TrAlorrwP111l; ( r) Ytms t oma 4m 307 19 Atha 4.1 1`:EASi Eit AEi1841KAL pR*pt1iTY PA9g9MTLW *914himokA "AS GLEN FOUND TO TAt ON THE WH049 il0lNYiStAB1 Cy �9 To ITS AGE AID ObsCLESCEiiCC,Y AND THAT SA14C CANNI't 5C 4CQ4O NIS &"W REHABILITATESI Von THE USE ON FOR 'TH9 rualp sts FOR Ufiocot IT VAS I,NiWiNALLY 41e7EKOE ; WAY rNt %STINAUD CuBT of CONTIKaro CARL 0040 #4hfWLI*Qp IKV941T0lIIt14j $OrVjKGp CAATjUi3, TIIANS+ PORTIWCI AND VArt4IOUSINO WOULD FAA Mau TI4C ELTIMIAICD PROCEEDS room ITS SALE# ,Age TNt Ge4Eh1 ►iT a16SI4iRts1 TOi pOFIATL SAID hfEEµA11,114 pgAS014AL PROMITV AItD INC G. /TY 19 ACM&CAUL9 to Attl$WT SAID DONATION AND A$SUME 1140 RESMWS1- S,Ltrx AND COST OF bile ISA'L or SAID pZgjOuAL PAUPERIVI AND v1 �EAS� CT lal Tile Dt$iAt Dr THE WVLrj'MWAC Tt► M @piI11lATC 1+it AF0IE5AW, Aul+bEti[NT or tEASC� dkvp THEAF(MEA 11t E @119SDEAATIDN ELF TNC p1mmISES AND FA NT BY Test L11 or "M still or Tcm (VIO.00) 00,LARB rD Tim t, VL4it+ WT AND FOR ialNTI4r Fl CONSID#RIMUN/ Te1C Sa1RRM:mocs sy THE CITY Or TiIE uftwisto T9RN or ,APOptsmo wisfis To"T"fit WeTN ALL CI4IST," REAL "efLRTY THEREON# 440 7149 MIRP9140cm BY INC CITY air ALL Or %is 4IIGHTII AND INTEREST Vogt" THE AfORCSAle 4ttA3is A" IN r4ATAX" C,,uhDtRATION or THE. cOvCNANTs AND EONOITMO" ArM sty FORMS Toe PARTIES HERETO "titter AGMREC AS FaLt wsg 1. THE GOVERNMENT HERESY DONATES TO THE CITY ALL OF THE PERSONAL PROPERTY AS LISTED UNDER EXHIBIT "Co TO THE SUBJECT LEASE EXCEPT THOSE ITCH$ HERETOFORE RECAPTURED BY THE GOVERPIM 4 AND THE CITY AGREES TO ACCEPT AND ASSUME RESPON9101LITY AND COST OF DISPOSAL OF SANE. 2. THE AFORESAID LEASt SHALL TERMINATE ON THE DATE OF THE EXECUTION OF THIS INSTRUFIENT BY THE CITY AND THE GOVERWENT. IT 18 EXPRESSLY AGREED HOWEVER,'THAT THE CITY 18 TO RENAIN'IN POSEHSION OF THE REAL PROPERTY UNTIL NOTICE 18 GIVEN BY THE GOVERNKHT TD VACATE. SAID NOTICE SHALL OE 1N WRITING AND SHALL BE GIVEN AT LEAST $0 DAYS IN ADVANCE. IT IB FURTHER EXPRESSLY AGREED BY THE GOVERNMENT THAT THE AFORESAID WRITTEN NOTICE TO VACATE THE PREMISES SHALL NOV ISSUE PRIOR TO THE EXPIRATION OF 18 NONTHS FROM THE -DATE OF THE EXECUTION HEREOF. IT IB EXPRESSLY AGREED HOWEVER, THAT THE MY IS TO REMAIN in POSSESSION OF THE REAL PROPERTY UNTIL NOTICE 10 GIVEN Sy THE QDVERNW.NT TO VACATE. THE CITY [FURTHER AGREES TO SAVE AND HOLD THE GDVERW4ENT HARMLESS FROM ANY CLAIMS FOR DAMAGES OR INJURIES THAT MAY ARISE FROM OR GROWING OUT OF THE CITY #S POSSESSION OF THE fAgNIAES DURING SUCH PERIOD. DURING THE AFOREM£NTtONEO PERIOD THE CITY AGREES - 'TO EIIERCISE REASONABLE CARE AND TO USE REASONABLE DILIGENCE IN SAFiC- GUARDING THE PREMISES. 3. THE GOYERNM@NT AND THE CITY RENISE# AELEASC ANO-FOREVER DISCHARGE, AND BY THESE PRESENTS HAVE REMISEO# RELEASED AN* FOREVER 013* CHARGED EACH OTHER# THEIR OFFiC£RS# AGENTS AND EMPLOYEES OF AND ALL MANNER OF ACTIONS, LIABILITY# CLAIMS AND DEMAND@ WHICH EITHER EVER HAD# ROW HAS ON EVER WILL HAVE, UPON OR OY REASON OF ANY MATTER, CAUSE OR THING WHATSOEVER ARISING OUT OF SAID AORE£HENT OF LEASE OR THE OCCUPANCY BY THE CITY OF THE LEASED PREMISES AND PROPERTY# EXCEPT FOR THOSE THAT MAY ARISE DUE TO THE CITY'S AGREEMENT TO CARRY INSURANCE AND TO EEERCISE REASONABLE CARE IN SAFE* GUARDING THE PREMISES OURINO THE PERIOD IT REMAINS IN PDm$ESSION AFTER THE I F .I GI TT $,CGR&TAwr dpi MED AS TO) LEM Fill TK IM DAY OF ALQ ST, 1091 .- 9T1M ATToltsliT - TW SPATE Of TM � COUNTY OF uxas � MOM W, Tmta SImoot 11OMl M AYTwiTT, 00 THIS OAT USUAW Arnpato wimm w, w IlTay, CITY VAt1 GM or Tw CITY OF cams cW1371�, TCXAS, ttom% To -Mt ,To 916 in X091 f9tt m NAM 90 Sall"11#m To Vila rON9 10190 111111400W AM MXWAWW 6D T9 VC TEAT 8E CUOMO Tom. $AS ' #®A THE NA"SEti AND COldltlt MT141d TPANtN WIVES=# 10 Va CAPACITY THCOMIN STATCO„ MO off INC AtT 00 =0 OF !MAID CITY. GIVEN UNDtR W WO AJO VAL-OF OFFICE, Ttt91! "S �r„„, imv Or ��.��■ NOVA" fUSLIC III AM FOR NU US Cod 4V# Tgx" r:,x._i� • ^' _•ray � 1CMINAVOW Of Tdt OUBJgCT W91 AS AlIOYC 66T FMT§ta IN b11TNM iiN eas THE PA"I". "Ka" "AYt$ Oil at "EcT9wt *AT68 BCT t*pmym_oEj.a 1, ouiv tatumo t"is Tfitmou mm ASat - a "Cloy as of Two; VAY AM T9" flitsT Aam f9d9TTE110 �. UNiTM STATM Or AWICA GT alaccTION qF Tot CHitF of ¢' WlTN69G9 Tat: HUMAU W YANOS 'AHD tea, AevinG umatit vat 0104E0,611`of - TIM S&CUTART OF THE ftV f CITX.()F CQvta ORISTI, Tm "YEN-a"T W. iltTis",y CITY ABAUR - ATMT R a GI TT $,CGR&TAwr dpi MED AS TO) LEM Fill TK IM DAY OF ALQ ST, 1091 .- 9T1M ATToltsliT - TW SPATE Of TM � COUNTY OF uxas � MOM W, Tmta SImoot 11OMl M AYTwiTT, 00 THIS OAT USUAW Arnpato wimm w, w IlTay, CITY VAt1 GM or Tw CITY OF cams cW1371�, TCXAS, ttom% To -Mt ,To 916 in X091 f9tt m NAM 90 Sall"11#m To Vila rON9 10190 111111400W AM MXWAWW 6D T9 VC TEAT 8E CUOMO Tom. $AS ' #®A THE NA"SEti AND COldltlt MT141d TPANtN WIVES=# 10 Va CAPACITY THCOMIN STATCO„ MO off INC AtT 00 =0 OF !MAID CITY. GIVEN UNDtR W WO AJO VAL-OF OFFICE, Ttt91! "S �r„„, imv Or ��.��■ NOVA" fUSLIC III AM FOR NU US Cod 4V# Tgx" r:,x._i� SECTION 2. THE SUM OF $10.00 IS HEREBY APPROPRIATED OUT OF THE GENERAL FUND OF THE CITY OF CORPUS CHRISTI, TEXAS, TO PAY FOR THE CONSIDERATION AS SET FORTH IN SAID TERMINATION AGREEMENT. IT BEING DECLARED THAT THE AFORESAID SUM OF $10.00 TOGETHER WITH THE SURRENDER BY THE CITY OF THE RE- MAIMING TERM OF THE LEASE SHALL BE FULL AND FINAL CONSIDERATION FOR THE AFORESAID TERMINATION AGREEMENT. SECTION 3. THE URGENT REQUEST FROM DEMANDS BY THE GOVERNMENT TO TERMINATE THE AFORESAID LEASE AGREEMENT ON CUDDIHY FIELD AND THE PUBLIC IMPORTANCE AND NECESSITY OF OBTAINING A COMPLETE RELEASE UPON TERMS MUTUALLY SATISFACTORILY TO THE GOVERNMENT AND TO THE CITY CREATES A PUBLIC EMERGENCY 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, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORD ;NGLY PASSED AND APPROVED, THIS THE DAY OF AUGUST, 1959• ATT7:� CITY SECRET RY APPROVED AS TO LEGAL FORM C/ THE 12TH DAY OF AUGUST, 1959= aa::� CITY ATTORN •Y aw MAYOR r� 'F• + THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY of 1959 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS' 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 RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDX AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY YOR — I THE CITY OF CORPUS CHRISTIJEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING ELa-�_ JAMES L. BARNARD MRS. RAY AIRHEART = -A JOSEPH B. DUNN PATRICK J. DUNNE - - -_ -� R. A. HUMBLE r GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD r MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK DUNNE ✓ R. A. HUMBMB LE l ✓ GAGE LOZANO, SR. ✓