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Home My WebLink About026956 ORD - 08/29/2006Page 1 of 3 ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE REVOCABLE RIGHT OF ENTRY PERMIT WITH UNITED STATES OF AMERICA ( "GOVERNMENT "), ACTING THROUGH THE ARMY CORPS OF ENGINEERS, FOR DEFENSE ENVIRONMENTAL RESTORATION PROGRAM AT FORMER RODD FIELD NAVAL AIR STATION (NOW BILL WITT CITY PARK); PROVIDING FOR TERM NOT EXCEEDING 18 MONTHS, WITH TERMINATION AT WILL BY EITHER PARTY GIVING WRITTEN NOTICE; PROVIDING FOR REMOVING HANGAR, CONCRETE SLAB AND SURROUNDING SECURITY FENCE AND RESTORING GROUND CONTOUR AND ESTABLISHING GRASS GROUNDCOVER; PROVIDING FOR GOVERNMENT, RECONNECTING UTILITY LINES AND REPAIRING, OR SETTLING FOR, ALL DAMAGE TO CITY REAL PROPERTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Manager or designee is authorized to execute a Revocable Right Of Entry Permit with United States of America ( "Government "), acting through the Army Corps of Engineers. The Permit is for a Defense Environmental Restoration Program at former Rodd Field Naval Air Station (now Bill Witt City Park). The Permit has a term not exceeding 18 Months, with termination at will by either Party giving written notice. The Permit provides for removing the hangar, concrete slab and surrounding security fence and restoring ground contour and establishing grass groundcover. The Permit requires Government to reconnect utility lines and repair, or settle for, all damage to City real property. A copy of the Permit (with attachments) is attached as Exhibit "A" and a copy is on file with the City Secretary SECTION 2. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this Qrdinance ispssed upon first reading as an emergency measure on this 4.9-1r-day of ATTEST: Armando Chapa City Secretary C (Doyle.0 06y LEASE.ORD'06 0822DC.USARodd FeidNAS.EntryPe. mit Ors doc CITY 2006. CORPUS CHRISTI enry Gar ett. Mayor l • 0 Page 2 of 3 APPROVED 22 August 2006 Dc y e Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C',(Doyle.0 , G6`vLEASE ORD,O6 :)822DC- USARodd Fie[aNAS EntryPerm,t Ord 7,,c Page3of3 Corps Christi, )xas day of , 2006 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garr Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Witiam Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Doyle.03 O6'LEASE- ORD,06 22DC USARodd rieIdNAS EntryPe mit Om ioc n .) 0 DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENTAL RESTORATION PROGRAM RODD FIELD NAVY AIR STATION CORPUS CHRISTI, TX Site No. K06TX101800 City of Corpus Christi, TX DACA63 -9 -06 -0238 The undersigned, herein called the "Owner ", in consideration for the mutual benefits of the work described below, hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government ", a right -of -entry upon the following terms and conditions The Owner hereby grants to the Government an assignable right to enter in, on, over and across the land described on the attached map or drawing, for a period not to exceed 18 months beginning with the date of the signing of this instrument. This right -of -entry will permit the United States, its representatives, agents, contractors and assigns, to use the described land as a work area for environmental investigation and response; including the right to temporarily store, move, and remove equipment and supplies; erect and remove temporary structures on the land; investigate and collect samples; construct, operate, maintain, alter, repair and remove a former Naval Air Station hangar, the concrete foundation slab and the security fence surrounding the hangar; and perform any other such work which may be necessary and incident to the Government's use for the investigation and response on said lands; subject to existing easements for public roads and highways. public utilities, railroads and pipelines; reserving, however, to the landowner(s), their heirs. executors, administrators, successors and assigns, all such right, title, interest and privilege as may be used and enjoyed without interfering with or abridging the rights and right -of -entry hereby acquired. l'he Owner also grants the right to enter and exit over and across any other lands of the Owner as necessary to use the described lands for the purpose listed above. All tools. equipment, and other property taken upon or placed upon the described land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this right -of- entry. 4. Upon the expiration or termination of this right -of- entry, the Government shall restore the ground contour, replace any pavement or other cover which was removed or damaged for this work, establish a groundcover of grass on areas not otherwise covered and reconnect any operating utility lines which were required to be disconnected or otherwise: disrupted. In addition to the damage provisions of Paragraph 4, if any action of the Government's employees or agents in the exercise of this right -of -entry results in damage to the real property, the Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such payment. and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other than those pro\ ided for herein. f'. This Right -of -Entry may be terminated by either the property owner or the Government b. giving written notice. WITNESS MY HAND this day of , 20 . Owner's Signature Owner's Printed Name Owner's Address, City, State and Zip code Home Telephone Work Telephone Owner requires notification prior to entry. Yes No (please circle one) Consent of Tenant: (lf Applicable) I hereby consent to the use of the property by the Government in accordance with this Right of Entry For Environmental Assessment and Response. Tenant's Signature Tenant's Printed Name Tenant's Address Home Telephone Work Telephone CERTIFICATE FOR CORPORATIONS AND PARTNERSHIPS (If Applicable) certify that I am Name of Official Official Position that _ — _ — who signed this Right -of -Entry on behalf of Name of Signer Organization/person was the for Official Position Organization/person that said Right -of -Entry was duly signed for and on behalf of Organization/person by authorit of its go; erning body and is within the scope of Signer's corporate or partnership powers. Signature of Official Telephone Number NOTE: THE PERSON SIGNING THE ABOVE CERTIFICATE CANNOT BE THE SAME PERSON THAT SIGNED THE RIGHT -OF- ENTRY. THE UNITED STATES OF AMERICA Bv: Hyla J. Head Chief, Real Estate Division U.S. Army Corps of Engineers ATTN: CESWF -RE P.O. Box 17300 Fort Worth, TX 76102 -0300 (817) 886 -1210 / ' , wi • ----I I • , I ; 0 0 i CARIBON DR. Li r L ' • T - , , , (1, 4 H 4 ; ; ' , • I,/ Y ;WOLVERINE OR: CORPUS CHRIST I S D AiviMUI\II (--'1•0 OCKEr W RACK • f AR, s E UNDERGROUND .-1-ORAGE. TANKS - \ :DRAINAGE L17 <7'7- , , BILL WITT PARK (CITY) (FORMER NASA TRACT) SMALL ARMS LOCKER ''''''''''''' ° (r. \, 5'\- :-)\''.. : \ "3 ' ' \ '>'‘‘ ' ,- -ro • , \ COrs'PUS CHRISTI MARBLE CO. FORMER SHIP SERVICE - J GASOL INE STATION) \ -" . TO CABANISS FIELD YORKTOWN BLVD. *.01-- TO WALDRON FIELD r /'\ (;HEET