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Home My WebLink About15606 ORD - 06/25/1980• AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE NO. DOT-FA78SW-1073 WITH THE FEDERAL AVIATION ADMINISTRA- TION FOR THE USE OF LAND AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR CONSTRUCTION AND MAINTENANCE OF A MEDIUM INTENSITY APPROACH LIGHT SYSTEM FOR RUNWAY 31, ALL AS MORE FULLY SET FORTH IN THE LICENSE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute License No. DOT-FA78SW-1073 with the Federal Aviation Administration for the use of land at the Corpus Christi International Airport for construction and mainte- nance of a medium intensity approach light system for Runway 31, all as more fully set forth in the License, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid License at the earliest practicable date in order that the medium intensity approach light system for Runway 31 may be constructed and maintained 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having de- clared that such emergency and necessity exist, having requested the suspension of the Charter rule 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, this theZ5 Lday of June, 1980. ATTEST: Ci ecretar APPROVED: J. BRUCE By ssistant Ci orney 15606 11.MAYOR E CIT iF CORPUS CHRISTI, TEXAS I1ICROFIL;,ED AUG 2 9 1981 • • hil/P IAINE PPAPAWItii ~gtht 7. All structures, improvements, or other property placed upon the said premises by the United States shall remain its property and may be removed by it upon the expiration or termination of this license or within 90 days thereafter. 8. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or partof this license or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the license be for the general benefit of such corporation or company. 9. The licensor hereby warrants that it has acquired and possesses an adequate real estate right in the property described herein, and that .it is authorized to grant to the United States of America, the rights and interests set forth herein. 10. Covenant Against Contingent Fees: The licensor warrants that no person or selling agency has been employed or retained to solicit or secure this license upon an agreement or under- standing for a commission, brokerage, percentage, or contingent fee, excepting bonafide employees or bonafide established commercial or selling agencies maintained by the licensor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this license without liability or in its discretion to deduct from the contract price or con- sideration, the full amount of such commission, brokerage, percentage, or contingent fee. DATED THIS DAY OF , 19_. C174 CAMS CAlZt6TZs WAS Articles 11. 12, 13, 14, 19e and Bps l6 follow the eignatm pass. (Licensor) Titles Address: ACCEPTED: UNITED STATES OF AMERICA BY Ila L idnG Titles Contr..et'.... Officers' (If Licensor is a corporation, the following certificate shall be executed by the secretary or assistant secretary.) 1, , CERTIFY that I am the Secre- tary of the Corporation named as licensor in this license that who signed said license on behalf of the licensor, was then - of said corporation, that said license was duly signed for and in behalf of said corporation by author- ity of its governing body, and is within the scope of its corporate powers. [CORPORATE SEAL] •e 137.60711 e • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION St 5T EEG= POST MICE DOE 15899 FoST vorm, TggAS5101 LICENSE DOT-PAYSSW-1C73 M APPROACH LIGHT LANE SITEOJ.5-1 131» INSTRUMENT LANDING SYSTEM SITES RADAR SITES LocationGortlu& t1rristi Ineel. Airport Corpu8 Christi. Tema LICENSE 1. For and in consideration of the benefit to the CarPug Chract3 International Airport and to the general public utilizing same, the undersigned, herein- after referred to as the licensor, hereby grants tothe UnitedStates of America the license, right and privilege to install, operate and maintain an approach light lane; h1)1fiMS/l it.thillfilkiiihMSM6/4WhytitAy/ f/ hritilitrftipAWN and necessary control facilities, f#W/tYsljklIMMpfit¢gljlid{l/Fityl/ in the Countyof l rcca& in the State of Teams more particularly described as follows: In accordance with Braving No. SW -Z.4202 -1A, dated I/17/78. and restrictions &horst thereon. attached hereto and made a part hereof. for a Medium Intensity darcoach Light System (SALSO, Moms/ 31. 2. Together with the rightof ingress and egress over the said lands and adjoining lands of the licensor, necessary or convenient for the installation, operation and maintenance of the approach light lane; reatIOMMI and necessary control facilities; and a right -of --way for apower line and control line, overhead and underground, or other facilities, over and across the said lands and adjoining lands of the licensor, said right of ingress and egress and said right.of--way, unless hereinbefore described by metes and bounds, to be by the most convenient routes; and the right to utilize any existing power lines, control lines, conduits, or other facilities of the licensor which are adaptable to use in connection with the purpose of this license. 3. The right of ingress and egress and the right-of-way herein granted shall insure to the bene- fits of the licensee and its duly authorized agents, representatives, contractors and employees. 4. The licensor further agrees not to erect or to allow to be erected on the property licensed hereby or on adjacent property of the licensor, any structure or obstructil.n of whatsoever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government ender the terms of this license unless consent thereto shall first be secured from the licensee in writing. 5: This license shall become effective Ifigq 11. 1978 and shall remain in force until SaPtelaber Ws L978 , and may, at the option of the Government, be renewed from year to year upon the terms herein specified. The Government's option shall be deemed exercised and the license renewed each year for one year unless the Government gives 30 days notice that it will not exercise itsoption, before this license or any renewal thereof expires; PROVIDED, That norenewal thereof shall extend the period of occupancy of the premises beyond the 30th day of /,/11ef/(J/./ September. 198E. FAA Form 4423-1 (5-87) SUPERSEDES FAA FORM 1394 License. IIOT-1A78=4073 MAW, Romany 31 Corpus Christi mel. disport Csrpes Cir Texas 11. PDNDTTIC RESPONSIBILIT? CLASS I - II FACILITIES The airport owner agrees that any relocation, or replacement, or modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered by this contract during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities ui11 be at the expense of the airport owner; except, when such improvements or changes arc made at the specific request of the Government. In the event such relocations, replacements or codifications are necessitated due to cause not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitter/Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar IIS and Ccmponents ALS and Components • Visual Landing Aids Direction Finding Equipment VOR, TVOR & VORTAC • (instrument Approach) Weather Observing & Measuring Equip. (awned & operated by FAA) . Centro/ Standby Pcwer Plant CLASS II FACILITIES Long Range Radar Air Route Traffic Control Centers Peripherala (Remote Control Air -Ground Communication Facility) VOR and VORTAC (en route only) Flight Service Station Remote Communications Outlet Limited Remote Communications Outlet Other en route facilities la. PW.F STORA2IONV 1t to hereby agreed bets the pewties that upon t inatlen o8 its occupancy the Government shell have= oblation to restore endive rehabilitate, either tholly or parrtiaiiy, the prapsrty nhch le the emblem' natter of this license other than to orderly remove its semipmeet therefrom. Yt Le further agreed that the Govermanot may -abandon in place any or all of the etructuraa and equipment installed is or located upon said property. notice of abandonment mill he conveyed to tics Licenser In writing. License 80. D0t 1A785i1-1073 1fALS, Runway 31 Corpus Chriati Intl. Airport Corpus Christi, Texas 13. RIGHTS PROM OTHERS: 1. Rights from others shall be obtained by the Licensor to place one each, 4 -Ladd rigid =admit, and an entrance to a parktag turn -around vithim the right-of-vsy of F.M. Road 763, as shave on Draviog No. 5W -E -9202-1A, dated 1/17/78, attached hereto and made a part hereof. 2. Bights to lands contiguous to but not on Corpus Christi Inter- national Airport are to be obtained by the Licensor without cost to the Government under the ammo terms and conditions as this license; said Land is outlined in red on Drawing No. -E-9202-1A, dated 1/17/78, attaebsd hereto and made a part hereof. 14. DOCUMENTS COMET= S ram OTHERS: All documents conveying rights from others referred to in Article 13 above shall have copies submitted with the executed license. 15. TON; The Government shall have the right and privilege to terminate this license any time Ming the initial tem or any renewal term thereof by giving thirty (30) days' notice in ertiting to the Licensor, such notice to be computed from the postmark date cited on the envelope in which said notice.As nailed. 16. 1E12TION$ AND ADDITIONS: In Article 1 the portions "an instrument landing system; radar facilities;" and "upon the following described lands" were deleted. In Artiele 2 the portion "an instrument lamdiog system; radar facilities:" was deleted. lm Article 5 the portion "Sane 19 " vas deleted and that portion "September, 1988." was added. Article 6 was deleted. Articles 11, 12, 13, 14, 15, and 16 eerie added hereto and aaade a part hereof prior to the signature of either party to this license. • Corpus Christi, Texas A5 day of .(/At_- , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L_ Sample Dr, Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky Respectfully, suspended by the following vote: L was passed by the following vote: 15606