HomeMy WebLinkAbout07871 ORD - 01/19/1966,y
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A IFASF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND CIA MEXICANA DE AVIACION, S. A., COVERING THE
RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE
1 � USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING
ATTACHED HERETO AND MADE A PART HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
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SECTION I. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
r DIRECTED, FOR AND ON BEHALF OF THE CITY QF CORPUS CHRISTI, TO EXECUTE A
LEASE'AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CIA. MEXICANA DE
AVIACION, S. A., COVERING THE RENTAL OF SPACE AT THE CORPUS CHRISTI
INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY,U OF SAID LEASE
BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES
AS IF COPIED VERBATIM HEREIN.,
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7871
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VMP:12/1/65 •" - '
STATE OF TEXAS »•
COUNTY OF NUECES
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THIS LEASE AGREEMENT, MADE AND ENTERED INTO BY AND BETWEEN THE CITY
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OF CORPUS CHRISTI, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, WITH AUTHOR-
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ITY DULY CONFERRED BY THE CITY COUNCIL, A MUNICIPAL CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE STATE OF TEXAS, SITUATED IN NUECES COUNTY,
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TEXAS, HEREINAFTER REFERRED TO SOMETIMES AS LESSOR, AND CIA. MEXICANA DE
AVIACION, S. A., A MEXICAN CORPORATION, HEREINAFTER SOMETIMES REFERRED TO AS
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LESSEE,
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ARTICLE
PREMISES
LESSOR, AS SPONSOR AND OWNER OF THE CORPUS CHRISTI INTERNATIONAL
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AIRPORT, LOCATED IN NUECES COUNTY, TEXAS, DOES HEREBY, FOR THE USES AND PUR-
POSES AND FOR THE CONSIDERATION AS HEREINAFTER STATED, DEMISE AND LET UNTO ^
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LESSEE, AND LESSEE DOES HEREBY HIRE AND TAKE FROM LESSOR, THE FOLLOWING
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P•REMISES AND, WITHOUT LIMITING THE GENERALITY HEREOF, THE FOLLOWING FACILI-
TIES, RIGHTS, LICENSES AND PRIVILEGES ON AND IN CONNECTION WITH THE AIRPORT,
AS MORE PARTICULARLY HEREINAFTER SET FORTH: ,
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A. USE OF AIRPORT. THE USE BY LESSEE, ITS EMPLOYEES, PASSENGERS,
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GUESTS, PATRONS AND INVITEES, IN COMMON WITH OTHER DULY AUTHORIZED USERS, OF
THE PUBLIC PORTIONS OF SAID AIRPORT AND APPURTENANCES, THE SAME BEING MORE
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PARTICULARLY DESCRIBED ;IN A DIAGRAM MARKED "EXHIBIT A ", ATTACHED HERETO AND
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MADE A PART HEREOF, TOGETHER WITH ALL FACILITIES, IMPROVEMENTS, EQUIPMENT
AND SERVICES WHICH HAVE BEEN OR MAY BE HEREAFTER PROVIDED FOR COMMON USE AT
OR IN CONNECTION WITH SAID AIRPORT.
B. SPECIFIC RIGHTS AT AIRPORT. IN ADDITION TO ALL RIGHTS ELSE-
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WHERE GRANTED IN THIS AGREEMENT, THE LESSEE SHALL HAVE THE RIGHT TO USE THE
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-AIRPORT FOR THE FOLLOWING SPECIFIC PURPOSES: i
(1) THE OPERATION OF A TRANSPORTATION 'S YSTEM BY AIRCRAFT FOR THE
CARRIAGE OF PERSONS, PROPERTY AND MAIL, INCLUDING ALL ACTIVITIES REASONABLY
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NECESSARY TO SUCH OPERATION, HEREINAFTER REFERRED TO AS "AIR TRANSPORTATION";
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(Z) THE LANDING, TAKING OFFS LOADING, UNLOADING, REPAIRI -NG,—
MAINTAINING, CONDITIONING, SERVICING, PARKING, STORING AND TESTING OF AIR-
. CRAFT OR OTHER EQUIPMENT INCLUDING THE USE OF A REASONABLE AMOUNT OF CON-
VENIENTLY LOCATED RAMP AREA WHICH LESSOR WILL KEEP 1N GOOD REPAIR, AND
INCLUDING THE RIGHT TO ERECT OR INSTALL AND MAINTAIN ON SAID AIRPORT, AT
LOCATIONS TO BE MUTUALLY AGREED UPON ADEQUATE STORAGE FACILITIES FOR GASO-
LINE; OIL, GREASES AND OTHER FUEL OR SUPPLIES, AT CONVENIENT LOCATIONS IN
ACCORDANCE WITH INSURANCE UNDERWRITERS' STANDARDS, TOGETHER WITH THE NECES-
SARY PIPES, PUMPS, MOTORS, FILTERS AND OTHER APPURTENANCES INCIDENTAL TO THE
USE THEREOF; SUCH STRUCTURES AND APPURTENANCES TO BE AND REMAIN THE SEVERABLE
PROPERTY OF LESSEE;
(3) THE SALE OF TICKETS, DOCUMENTATION OF SHIPMENTS, HANDLING OF
RESERVATIONS, AND THE LOADING AND UNLOADING OF PERSONS PROPERTY AND MAIL AT
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SAID AIRPORT BY SUCH MOTOR VEHICLES OR OTHER MEANS OF CONVEYANCE AS LESSEE
MAY DESIRE OR REQUIRE IN THE OPERATION OF ITS AIR TRANSPORTATION SYSTEM, WITH
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THE RIGHT TO DESIGNATE THE PARTICULAR CARRIER OR CARRIERS WHO SHALL OR MAY
REGULARLY TRANSPORT LESSEES PASSENGERS AND CARGO TO AND FROM THE AIRPORT
1 ^x PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT THE CITY FROM
@:t GRANTING THE FRANCHISE OR FRANCHISES FOR LIMOUSINE SERVICE;
;k`• - �`�� THE PURCHASE AT SAID AIRPORT OF LESSEES REQUIREMENTS OF GASO-
LINE, FUELS LUBRICATING OILS GREASE, FOOD AND OTHER PASSENGER SUPPLIES, AND
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!�•. ANY OTHER MATERIALS AND SUPPLIES FROM ANY PERSON OR COMPANY OF LESSEE S
CHOICE, AND THE MAKING OF AGREEMENTS WITH ANY PERSON OR COMPANY OF LESSEE'S'
#, CHOICE FOR WORK TO BE DONE FOR LESSEE;
(5) THE INSTALLATION AND OPERATION OF IDENTIFYING SIGNS ON THE
LEASED PREMISES, THE GENERAL TYPE AND DESIGN OF SUCH SIGNS TO BE SUBJECT TO
THE APPROVAL OF THE AIRPORT MANAGER, SUCH APPROVAL NOT TO BE ARBITRARILY
WITHHELD; '
(6) THE INSTALLATION, MAINTENANCE AND OPERATION OF SUCH RADIO,
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COMMUNICATION, METEOROLOGICAL AND AERIAL NAVIGATION EQUIPMENT AND FACILITIES
INS ON AND ABOUT THE - PREMISES HEREIN LEASED AND SAID AIRPORT AS MAY BE NECES-
SARY OR CONVENIENT IN THE OPINION OF THE LESSEE FOR ITS OPERATIONS; PROVIDED
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THAT THE LOCATION OF SUCH EQUIPMENT AND FACILITIES AS MIGHT INTERFERE WITH
FULL AND PROPER USE OF THE AIRPORT SHALL BE SUBJECT TO THE APPROVAL OF THE
AIRPORT MANAGER, SUCH APPROVAL NOT TO BE ARBITRARILY WITHHELD;
THE RIGHTS LICENSES AND PRIVILEGES GRANTED THE LESSEE UNDER THIS
ARTICLE I WITH RESPECT TO THE PERFORMANCE OF GROUND SERVICES AND ACTIVITIES
IN CONNECTION WITH ITS AIR TRANSPORTATION OPERATIONS AT THE AIRPORT MAY BE
EXERCISED BY THE LESSEE FOR AND ON BEHALF OF THE LESSEE BY ANY COMPANY OR
PERSON DESIGNATED BY LESSEE.
C. EXCLUSIVE SPACE IN TERMINAL BUILDING. THE EXCLUSIVE USE USE OF A
e' TOTAL OF APPROXIMATELY 890 SQUARE FEET OF SPACE, WHICH INCLUDES 188 SQUARE
FEET OF COUNTER SPACE, 324 SQUARE FEET OF AIR CONDITIONED SPACE, AND 378
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SQUARE FEET OF NON —AIR CONDITIONED SPACES SUBJECT TO ACTUAL MEASUREMENT AT
THE TIME OF TAKING POSSESSION, IN THE TERMINAL BUILDING, AS THE SAME IS MORE
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PARTICULARLY SET FORTH AND SHOWN ON PLANS AND SPECIFICATIONS MARKED "EXHIBIT
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Ia '`.t• B° ATTACHED HERETO AND MADE A PART HEREOF, FOR SUCH USES AS LESSEE MAY DESIRE
TO MAKE THEREOF IN CONNECTION WITH OR INCIDENTAL TO ITS OPERATION OF AN AIR
TRANSPORTATION SYSTEM. THE LESSEE SHALL HAVE THE RIGHT AND OPTION AT ANY
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' TIME AND FROM TIME TO TIME DURING THE TERM HEREOF AND OF ANY EXTENSION OR
RENEWAL, TO LEASE FOR THE EXCLUSIVE USE OF ITSELF OR OF ANY AIR TRANSPORT
COMPANY SUBSIDIARY TO OR AFFILIATED WITH ITS ANY ADDITIONAL SPACE AT THE AIR-
_ + PORT NOT NECESSARY TO THE LESSORS OPERATION OF THE AIRPORT AND AT THE TIME
NOT LEASED TO OTHERS, WHETHER SUCH SPACE IS ADJACENT TO THE SPACE LEASED HERE-
UNDER OR OTHERWISE, TOGETHER WITH ANY OR ALL RIGHTS, FACILITIES, LICENSES AND
PRIVILEGES APPURTENANT TO SUCH SPACE AND TO THE AIRPORTS UPON THE SAME GENERAL
TERMS AND CONDITIONS AS ARE HEREIN ESTABLISHED. '
D. PARKING SPACE. THE USE BY LESSEE AND ITS EMPLOYEES, IN COMMON
ONLY WITH THE OTHER AIR TRANSPORT OPERATORS WHO MAY BE LESSEES OF SPACE AT
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"„' • THE AIRPORT AND THEIR EMPLOYEES OF ADEQUATE VEHICULAR PARKING SPACE LOCATED
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AS NEAR AS POSSIBLE TO SAID TERMINAL BUILDING WITHOUT CHARGE TO LESSEE OR TO,
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SAID EMPLOYEES. .
E. RIGHT OF ACCESS INGRESS AND EGRESS. THE FULL AND UNRESTRICTED
RIGHTS OF ACCESS INGRESS AND EGRESS WITH RESK CT TO THE PREMISES OUTLINED IN
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PARAGRAPHS A TO D ABOVE, FOR LESSEE, ITS EMPLOYEES PASSENGERS, GUESTS;'PATRONS,
INVITEES, SUPPLIERS OF MATERIALS AND FURNISHERS OF SERVICE, ITS OR THEIR AIR-
CRAFT, EQUIPMENT, VEHICLES, MACHINERY AND OTHER PROPERTY, WITHOUT CHARGE TO
LESSEE, OR TO SAID PERSONS OR PROPERTY.
ARTICLE II
TERM - 5 YEARS
LESSEE SHALL HAVE AND HOLD SAID PREMISES FACILITIES, RIGHTS, LICENSES
AND PRIVILEGES SET FORTH IN PARAGRAPHS A TO E INCLUSIVE, OF ARTICLE I, FOR A
. TERM COMMENCING ON THE 1ST DAY OF JANUARY, 1966, AND TERMINATING AT THE END..
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OF THE 31ST DAY OF DECEMBER, 1971, UNLESS SOONER TERMINATED AS HEREINAFTER
PROVIDED.
ARTICLE III
QUIET ENJOYMENT
LESSOR REPRESENTS THAT IT HAS THE RIGHT TO LEASE SAID PROPERTY AND
APPURTENANCES TOGETHER WITH ALL THE FACILITIES, RIGHTS, LICENSES AND PRIVILEGES
HEREIN GRANTED, AND HAS FULL POWER AND AUTHORITY TO ENTER INTO THIS LEASE IN
RESPECT THEREOF; AND COVENANTS THAT UPON PERFORMANCE OF THE AGREEMENTS ON THE
PART OF LESSEE TO BE PERFORMED HEREUNDER LESSEE SHALL PEACEABLY HAVE AND
ENJOY SAID PREMISES APPURTENANCES FACILITIES, RIGHTS, LICENSES AND PRIVILEGES.
ARTICLE IV
DEVELOPMENT, MAINTENANCE AND OPERATION OF AIRPORT
LESSOR AGREES THAT IT WILL DEVELOP AND IMPROVES AND AT ALL TIMES
I.
„ MAINTAIN AND OPERATE WITH ADEQUATE AND EFFICIENT PERSONNEL AND KEEP IN GOOD
REPAIR SAID AIRPORT AND TERMINAL BUILDING, AND THE APPURTENANCES, FACILITIES
AND SERVICES NOW OR HEREAFTER CONNECTED THEREWITH AND KEEP SAID AIRPORT AND
ITS APPROACHES FREE FROM OBSTRUCTION, CONGESTION AND INTERFERENCE FOR THE
SAFE, CONVENIENT AND PROPER USE THEREOF BY LESSEE, AND WILL MAINTAIN AND OPER-
ATE SAID AIRPORT SO AS TO ENTITLE IT TO THE APPROVED RATING BY THE FEDERAL
AVIATION AGENCY AND ALL OTHER APPROPRIATE REGULATORY AUTHORITIES IN RESPECT
4 TO ALL PRESENT AND FUTURE OPERATIONS OF LESSEE. LESSOR SHALL PROVIDE ADEQUATE
_t? ILLUMINATION FOR THE LOADING RAMP AREA ADJACENT TO THE TERMINAL BUILDING WITH
i; A MINIMUM OF THREE FOOT CANDLES AT A DISTANCE OF 75 FEET FROM THE RAMP FENCE LINE.
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IT IS EXPRESSLY UNDERSTOOD THAT THE LESSOR WILL KEEP THE- PUB,LIC-
SPACE IN THE TERMINAL BUILDING .ATTRACTIVELY FURNISHED AND WILL PROVIDE ANDJ
SUPPLY ADEQUATE LIGHT, ELECTRICITY AND WATER FOR THE PUBLIC SPACE; HEAT DURING
COLD WEATHER AND AIR CONDITIONING DURING WARM WEATHER SUFFICIENT TO KEEP THE
BUILDING AT A REASONABLE TEMPERATURES JANITORS AND OTHER CLEANERS NECESSARY
TO KEEP THE AIRPORT AND ALL SPACES, INCLUDING LESSEES EXCLUSIVE SPACES IN
THE TERMINAL BUILDING AT ALL TIMES CLEAN, NEAT, ORDERLY, SANITARY AND PRESENT-
ABLE; SUCH PERSONNEL AS MAY BE NECESSARY TO FACILITATE THE USE OF THE AIRPORT,
AND TERMINAL BUILDING AND THE APPURTENANCES FACILITIES AND SERVICES AS AFORE-
SAID BY ANY ONE HEREUNDER ENTITLED TO USE THE SAME.
LESSOR AGREES THAT IT WILL PROVIDE, IN LESSEES EXCLUSIVE SPACE,
DOMESTIC WATER, MECHANICAL EQUIPMENT AND PIPING NECESSARY FOR COOLING AND
HEATING LESSEE'S EXCLUSIVE SPACE TOGETHER WITH THE NECESSARY HOT AND COLD
WATER TO AIR CONDITION AND HEAT SAID SPACE.
ARTICLE V
SPACE FOR GOVERNMENT AGENCIES
THE LESSOR COVENANTS AND AGREES THAT IF IT SHOULD FURNISH SPACE
AND FACILITIES IN THE TERMINAL BUILDING FOR THE USE OF ANY GOVERNMENTAL AGENCY
OR DEPARTMENT REQUIRING SPACE THEREIN SUCH SPACE AND FACILITIES SHALL BE
FURNISHED WITHOUT CHARGE TO THE LESSEE.
ARTICLE VI
RULES AND REGULATIONS
LESSEE COVENANTS AND AGREES TO OBSERVE AND OBEY ALL REASONABLE AND
LAWFUL RULES AND REGULATIONS, NOT IN CONFLICT WITH THE PROVISIONS HEREOF,
WHICH. JY FROM TIME TO TIME DURING THE TERM HEREOF BE PROMULGATED AND ENFORCED
BY LESSOR FOR OPERATION AT SAID AIRPORT.
ARTICLE VII
RENTALS AND FEES
LESSEE AGREES TO PAY LESSOR FOR THE USE OF ALL THE PREMISES, FACILI-
TIES, RIGHTS, LICENSES AND PRIVILEGES GRANTED HEREUNDER, THE FOLLOWING RENTALS,
FEES AND CHARGES:
t. TICKET COUNTER AREA $11 .65�PER SQ. FT. PER ANNUM
2. AIR CONDITIONED OFFICE
SPACE ' 1�
.15 PER SQ. FT. PER ANNUM
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• 3. NON —AIR CONDITIONED --- i.
SPACE $3.65 PER SQ. FT. PER ANNUM M1
4. $2.75 PER MONTH FOR EACH EXCLUSIVE PUBLIC ADDRESS MICROPHONE.,
LOCATED IN LESSEES EXCLUSIVE SPACE.
5• $2.75 PER MONTH FOR EACH INTER - COMMUNICATION INSTRUMENT
LOCATED IN LESSEES EXCLUSIVE SPACE. IN THE EVENT THAT IT
BECOMES MUTUALLY AGREEABLE TO INSTALL AN INTER — COMMUNICATION
SYSTEM BY THE SOUTHWEST BELL TELEPHONE COMPANY, SO THAT THE
INTER— COMMUNICATION SYSTEM IS NOT PROVIDED BY LESSOR, THEN
i THIS CHARGE SHALL NOT BE MADE. 71
6. LESSEE AGREES TO PAY FOR THE ELECTRICAL ENERGY CONSUMED BY
LESSEE IN LESSEES EXCLUSIVE SPACE ON A METERED BASIS AT THE
CITY'S COST.
1� 7. LESSEE MAY FROM TIME TO TIME RENT SPACE ON THE AIRFIELD UPON
TERMS MUTUALLY AGREED UPON BETWEEN THE PARTIES AND AT SUCH
F LOCATIONS AS MAY BE MUTUALLY AGREED UPON, FOR THE LOCATION
OF SHOP SPACE.
8. LESSEE MAY FROM TIME TO TIME LEASE SPACE FOR THE STORAGE OF
•�' - FUELS AND PROPELLENTS AT A MUTUALLY AGREED UPON LOCATION ON
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4� THE AIRFIELD, UPON TERMS AND CONDITIONS MUTUALLY AGREED UPON
BETWEEN THE PARTIES.
9. LESSOR WILL RELAMP THE ELECTRICAL OUTLETS WITHIN LESSEE'S
EXCLUSIVE AREA FOR THE ACTUAL COST, EXCLUSIVE OF LABOR, TO
_ LESSOR OF THE LAMPS ACTUALLY USED.
10. LANDING FEES WILL BE PAID BY LESSEE AT THE RATE OF TEN (10¢)
CENTS PER THOUSAND POUNDS OF THE MAXIMUM CERTIFIED GROSS
Ca LANDING WEIGHT OF LESSEE'S AIRCRAFT LANDED AT THE AIRPORT.
p LANDING FEES WILL BE COMPUTED ON THE BASIS OF THE ACTUAL
NUMBER OF LANDINGS MADE AT THE AIRPORT, BUT NO CHARGE WILL
BE MADE FOR COURTESY,TEST, TRAINING OR ANY OTHER NON— REVENUE
�1- FLIGHT.
;tg THE ABOVE LISTED RENTALS AND FEES SHALL BECOME DUE AND PAYABLE ON
A MONTHLY BASIS. PAYMENTS SHALL BE MADE TO THE AIRPORT MANAGER OR TO SUCH
OTHER AGENCY OF THE CITY AS MAY BE SPECIFICALLY DESIGNATED IN WRITING BY THE
LESSOR. THE FOREGOING PAYMENTS SHALL BE MADE ON OR BEFORE THE 15TH DAY OF THE
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CALENDAR MONTH NEXT SUCCEEDING THAT FOR WHICH PAYMENT IS BEING MADE) PROVIDED
THAT IN NO CASE WILL SAID AMOUNT BE PAYABLE UNTIL TEN (10) DAYS AFTER RECEIPT
BY THE LESSEE OF A WRITTEN BILL THEREFOR FROM THE LESSOR; AND PROVIDED THAT THE
-� LESSEE SHALL NOT BE REQUIRED TO PAY IN RESPECT TO ANY TIME OR TIMES DURING
WHICH THE FACILITIES AND PRIVILEGES OF SAID AIRPORT AND PREMISES DO NOT MEASURE
UP OR CONFORM TO THE STANDARD SET IN THIS AGREEMENT, OR ARE NOT FOR OTHER
I1 REASONS USABLE BY THE LESSEE IN ALL ITS SAID OPERATIONS AND BUSINESS. PAYMENTS
SHALL BE PRORATED FOR ANY PORTION OF A CALENDAR MONTH AT THE COMMENCEMENT AND
TERMINATION OF THIS AGREEMENT.
ARTICLE VIII
NO FURTHER CHARGES, FEES OR TAXES
NO RENTALS, FEES, LICENSE, EXCISE OR OPERATING TAXES, TOLLS OR OTHER
' CHARGES, EXCEPT THOSE HEREIN EXPRESSLY PROVIDED, SHALL BE CHARGED AGAINST OR
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COLLECTED FROM, DIRECTLY OR INDIRECTLY, THE LESSEE OR ANY OTHER PERSON.•EN —•
` GAGED IN SUPPLYING LESSEE, FOR THE PRIVILEGES OF BUYING SELLING, USING,'STOR—
ING, WITHDRAWING, HANDLING, CONSUMING OR TRANSPORTING MATERIALS OR OTHER
SUPPLIES T0, FROM OR ON THE AIRPORTS OF MAKING OR PERFORMING AGREEMENTS FOR
WORK, MATERIALS OR SERVICES AT THE AIRPORT; OF TRANSPORTING, LOADING, UNLOAD—
AV
ING OR HANDLING PERSONS] PROPERTY OR MAIL TOE FROM OR ON SAID AIRPORT; OR FOR
ANY OTHER OF THE PREMISES, FACILITIES, RIGHTS, LICENSES AND PRIVILEGES GRANTED
IN THIS LEASE.
NOTHING CONTAINED HEREIN HOWEVER SHALL PROHIBIT THE LESSOR FROM_
RENTING SPACE FOR OR CHARGING A REASONABLE FEE TO A CATERING SERVICE PROVIDING
FOOD PREPARED ON THE AIRPORT, OR FROM GRANTING FRANCHISES FOR THE OPERATION
.OF LIMOUSINE AND TAXICAB AND RENT —A —CAR SERVICES OR FROM CHARGING A FLOWAGE
FEE TO OPERATORS VENDING FUELS AND LUBRICANTS ON THE AIRPORT] PROVIDED THAT
- NO SUCH FLOWAGE FEE WILL BE CHARGED FOR FUELS AND LUBRICANTS DELIVERED INTO
LESSEES AIRCRAFT AT THE AIRPORT.
THIS PROVISION IS NOT TO LIMIT -THE RIGHT OF LESSOR TO LICENSE OR
TAX IN A 'GENERAL-OR NON — DISCRIMINATORY WAY ANY OFFICE OR BUSINESS OPERATION
'LOCATED OR CONDUCTED OUTSIDE THE BOUNDARIES OF THE AIRPORT AND WITHIN THE COR-
PORATE LIMITS OF LESSOR; AND IT IS NOT TO LIMIT LESSORS RIGHT TO IMPOSE GENERAL
AND NONDISCRIMINATORY AD VALOREM TAXATION ON PERSONAL OR REAL PROPERTY HAVING
A TAXABLE SITUS WITHIN THE CORPORATE LIMITS OF LESSOR. IF ANY TAXES OTHER THAN
AD VALOREM OR GENERAL SALES TAXES ARE PAID BY LESSEE AS A RESULT OF ITS OPERATIONS,
THE FEES AND CHARGES IN :ARTICLE VII HEREOF SHALL BE DIMINISHED IN LIKE AMOUNTS.
ARTICLE IX
DAMAGE OR DESTRUCTION OF LEASED PREMISES
IF ANY PROPERTY, PART OR ALL OF WHICH IS LEASED TO LESSEE, SHALL BE
PARTIALLY DAMAGED OR WHOLLY DESTROYED BY FIRE OR OTHER CASUALTY, LESSOR AT
ITS OWN COST AND EXPENSE SHALL REPAIR OR RECONSTRUCT THE SAME WITH DUE DILIGENCE
AND WITHIN A REASONABLE TIME; AND LESSEES RENTALS AND OTHER CHARGES WITH
RESPECT 'TO SAID PROPERTY SHALL BE PROPORTIONATELY ABATED FROM THE HAPPENING
OF SUCH DAMAGE OR DESTRUCTION UNTIL SUCH TIME AS THE PREMISES SHALL BE PUT
IN ORDER. — -
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ARTICLE X
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CANCELLATION BY LESSOR
a IN THE EVENT THAT LESSEE SHALL FILE A VOLUNTARY PETITION IN BANK-
RUPTCY OR THAT PROCEEDINGS IN BANKRUPTCY SHALL BE INSTITUTED AGAINST IT AND
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LESSEE IS THEREAFTER ADJUDICATED BANKRUPT PURSUANT TO SUCH PROCEEDINGS, OR THAT
'y• THE COURT SHALL TAKE JURISDICTION OF LESSEE AND ITS ASSETS PURSUANT TO PRO —
1? ?. CEEDINGS BROUGHT UNDER THE PROVISIONS OF ANY FEDERAL REORGANIZATION ACT, OR
THAT A RECEIVER OF LESSEES ASSETS SHALL BE APPOINTED, OR THAT LESSEE SHALL
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BE DIVESTED OFD OR BE PREVENTED BY ANY FINAL ACTION OF ANY FEDERAL OR STATE
AUTHORITY FROM CONDUCTING AND OPERATING ITS TRANSPORTATION SYSTEM FOR THE
CARRIAGE OF PERSONS, PROPERTY AND MAIL BY AIRCRAFT AT THE AIRPORT, OR THAT
�. LESSEE SHALL FAIL TO PERFORM, KEEP AND OBSERVE ANY OF THE TERMS, COVENANTS
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' OR CONDITIONS HEREIN CONTAINED ON THE PART OF THE LESSEE TO BE PERFORMED, KEPT
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.. OR OBSERVED, THE LESSOR MAY GIVE THE LESSEE NOTICE IN WRITING TO CORRECT SUCH
CONDITION OR CURE SUCH DEFAULT, AND, IF ANY SUCH CONDITION OR DEFAULT SHALL
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RII° CONTINUE FOR THIRTY (30) DAYS AFTER THE RECEIPT OF SUCH NOTICE BY THE LESSEE,
'p {w THE LESSOR MAY, AFTER THE LAPSE OF SAID 'THIRTY (30) DAY PERIOD AND PRIOR TO
It aAF;
- THE CORRECTION OF OR CURING OF SUCH CONDITION OR DEFAULT, TERMINATE THIS
AND THE TERM HEREBY DEMISED SHALL
LEASE BY A TWENTY (20) DAYS WRITTEN NOTICE; Ib;
THEREUPON CEASE AND EXPIRE AT THE END OF SUCH TWENTY (20) DAYS IN THE SAME
MANNER AND TO THE SAME EFFECT AS IF IT WERE THE EXPIRATION OF THE ORIGINAL
" TERM.
,j ARTICLE XI
CANCELLATION BY LESSEE
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LESSEE, IN ADDITION TO ANY RIGHT OF CANCELLATION OR ANY OTHER RIGHT
HEREIN GIVEN TO LESSEE, MAY SUSPEND OR CANCEL THIS LEASE IN ITS ENTIRELY OR
f• SUSPEND OR TERMINATE ALL OR ANY OF ITS OBLIGATIONS HEREUNDER AT ANY TIME, BY
THIRTY (30) DAYS' WRITTEN NOTICE, UPON OR AFTER THE HAPPENING OF ANY ONE OF
THE FOLLOWING EVENTS:
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A. THE SUSPENSION OR TERMINATION OF LESSEE'S CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY, OR LESSEE'S OBLIGATIONS OR RIGHT, IMPOSED BY CON-
TRACT OR OTHERWISE, TO THE FEDERAL GOVERNMENT FOR THE CARRIAGE OF.UNITED STATES
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AIR MAIL YOB FROM OR THROUGH CORPUS CHRISTI, TEXAS; ^• -
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B. DESIGNATION BY THE POST OFFICE DEPARTMENT, OR ANY OTHER COM-
PETENT GOVERNMENTAL AUTHORITY OF AN AIRPORT OTHER THAN SAID AIRPORT AS A
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•2 TERMINAL POINT FOR CORPUS CHRISTI, TEXAS, FOR THE RECEIVING AND DISPATCHING
c _ OF UNITED STATES AIR MAIL; OR THE LEASING BY LESSEE OF ANOTHER AIRPORT FOR
SUCH PURPOSE;
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C. ANY FAILURE OR REFUSAL BY THE FEDERAL AVIATION AGENCY TO PERMIT
LESSEE TO OPERATE INTO; FROM OR THROUGH SAID AIRPORT SUCH AIRCRAFT AS LESSEE
MAY REASONABLY DESIRE SO TO OPERATE;
ell D. THE BREACH BY LESSOR OF ANY OF THE COVENANTS OR AGREEMENTS HEREIN
'r? CONTAINED AND THE FAILURE OF LESSOR TO REMEDY SUCH BREACH FOR A PERIOD OF THIRTY
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jj,, (30) DAYS AFTER RECEIPT OF A WRITTEN NOTICE OF THE EXISTENCE OF SUCH BREACH;
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E. THE INABILITY OF LESSEE TO USE SAID PREMISES AND FACILITIES CON-
TINUING •' FOR A LONGER PERIOD THAN THIRTY O DAYS WHETHER DUE TO ANY LAW OR
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ORDER, RULE OR REGULATION OF ANY APPROPRIATE GOVERNMENTAL AUTHORITY HAVING „
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JURISDICTION OVER THE PREMISES OR THE OPERATIONS OF LESSEE OR DUE TO WAR, EARTH-
QUAKE OR OTHER CASUALTY.
IN THE EVENT THAT THE LESSEE SHALL SUSPEND THIS LEASE OR ANY OF ITS
OBLIGATIONS, AS HEREIN PROVIDED, LESSEE SHALL HAVE THE FURTHER RIGHT, DURING
SUCH SUSPENSION, TO CANCEL THIS LEASE OR ANY OF ITS OBLIGATIONS BY GIVING LES-
SOR THIRTY (30) DAYS' WRITTEN NOTICE OF SUCH CANCELLATION AT ANY TIME PRIOR TO
:a TERMINATION OF THE CONDITION OR EVENT WHICH GAVE RISE TO THE SUSPENSIONS AND,
IF LESSEE DOES NOT SO CA NCE L, SUCH SUSPENSION SHALL TERMINATE SIXTY (60) DAYS
` AFTER TERMINATION OF SUCH CONDITION OR EVENT AND WRITTEN NOTICE THEREOF FROM
I LESSOR TO LESSEE. THE PERIOD OF ANY SUSPENSION OF THIS LEASE IN ITS ENTIRETY `
SHALL BE ADDED TO THE TERM OF THIS LEASE OR ANY RENEWAL OR EXTENSION THEREOF.
ARTICLE XII
NON— WAIVER OF RIGHTS
CONTINUED PERFORMANCE BY EITHER PARTY PURSUANT TO THE TERMS OF THIS
AGREEMENT AFTER A DEFAULT OF ANY OF THE TERMS, COVENANTS AND CONDITIONS HEREIN
CONTAINED TO BE PERFORMED, KEPT OR OBSERVED BY THE OTHER PARTY SHALL NOT BE
DEEMED A WAIVER OF ANY RIGHT TO CANCEL THIS LEASE FOR SUCH DEFAULT, AND NO
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WAIVER OF ANY SUCH DEFAULT SHALL BE CONSTRUED OR ACT AS A WAIVER OF-ANY--SUB-
SEQUENT DEFAULT. %
ARTICLE XIII
SURRENDER OF POSSESSION
LESSEE AGREES TO YIELD AND DELIVER TO LESSOR POSSESSION OF THE
r. PREMISES EXCLUSIVELY LEASED HEREIN AT THE TERMINATION OF THIS LEASE, BY EXPI-
RATION OR OTHERWISE, OR OF ANY RENEWAL OR EXTENSION HEREOF, IN GOOD CONDITION
'i IN ACCORDANCE WITH ITS EXPRESS OBLIGATIONS HEREUNDER, EXCEPT FOR REASONABLE
uiI WEAR AND TEAR, FIRE OR OTHER CASUALTY, AND LESSEE SHALL HAVE THE RIGHT AT ANY
TIME DURING SAID TERM] OR ANY RENEWAL OR EXTENSION HEREOF AND FOR NINETY (90)
{it a' DAYS AFTER THE TERMINATION HEREOF, TO REMOVE ANY BUILDINGS, STRUCTURES, OR
is FACILITIES IT MAY ERECT OR INSTALL ON THE PREMISES AND TO REMOVE ALL FIXTURES
f xl AND EQUIPMENT AND OTHER PROPERTY INSTALLED OR PLACED BY IT AT ITS EXPENSE,
INS ON OR ABOUT THE PREMISES HEREIN LEASED; SUBJECT, HOWEVER TO ANY VALID
:•-y LIEN WHICH LESSOR MAY HAVE THEREON FOR UNPAID RENTS OR FEES.
'ref
ARTICLE XIV
,.a ASSIGNMENT OF LEASE
11t i
LESSEE SHALL NOT AT ANY TIME ASSIGN THIS LEASE OR ANY PART THEREOF
.F( a
WITHOUT THE CONSENT IN WRITING OF LESSOR) PROVIDED HOWEVER, THAT WITHOUT
L14
SUCH CONSENT LESSEE MAY ASSIGN THIS LEASE TO ANY CORPORATION WITH WHICH THE
LESSEE MAY MERGE OR CONSOLIDATE OR WHICH MAY SUCCEED TO THE BUSINESS OF THIS
irl
LESSEE, OR MAY SUBLET ANY OF THE SPACE LEASED EXCLUSIVELY TO THE LESSEE HERE-
UNDER.
ARTICLE XV
INDEMNIFICATION
r THE LESSEE, UNDER THE TERMS OF,THIS AGREEMENT, WILL NOT BE IN CONTROL
I y OR POSSESSION OF SAID AIRPORT, EXCEPT AS-TO THE PARTS THEREOF LEASED EXCLUSIVELY
i I, _•
Ir ^9 TO LESSEES AND LESSEE DOES NOT ASSUME RESPONSIBILITY FOR THE CONDUCT OR OPERA -
1 ,
TION OF THE SAID AIRPORT OR FOR THE PHYSICAL OR OTHER CONDITIONS OF THE SAME.
I
HOWEVER, IT IS EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO
THAT THE LESSEE IS AND SHALL BE AN INDEPENDENT CONTRACTOR AND OPERATOR, RE-
SPONSIBLE TO ALL PARTIES FOR ALL OF ITS ACTS O� OMISSIONS AND THE LESSOR SHALL
IN NO WAY BE RESPONSIBLE THEREFOR. IT IS FURTHER AGREED THAT IN ITS USE AND
a
—10—
'IJ �
It I V
d• - ENJOYMENT OF THE FIELDS PREMISES AND FACILITIES HEREIN REFERRED TOE.H E- .LESSEE
WILL INDEMNIFY AND SAVE HARMLESS.THE LESSOR FROM ANY AND ALL CLAIMS OR LOSSES
THAT MAY PROX114ATELY RESULT TO THE LESSOR FROM ANY NEGLIGENCE ON THE PART OF
THE LESSEE, ITS DULY AUTHORIZED AGENTS OR EMPLOYEES,'AND SHALL IN ALL WAYS
, I
x, HOLD THE LESSOR HARMLESS FROM SAME, PROVIDED THE LESSOR SHALL GIVE TO THE
LESSEE PROMPT NOTICE OF ANY CLAIM, DAMAGE OR LOSS, OR ACTION IN RESPECT THERE-
TO, AND AN OPPORTUNITY SEASONABLY TO INVESTIGATE AND DEFEND AGAINST ANY CLAIM
i
t. OR ACTION BASED UPON ALLEGED NEGLIGENT CONDUCT OF THE LESSEE OR ITS DULY
i AUTHORIZED AGENTS OR EMPLOYEES.
THE LESSOR HEREUNDER AGREES TO MAINTAIN IN SAFE CONDITION ALL PLACES
IN AND ABOUT SAID AIRPORT WHICH ARE USED BYE OR MADE ACCESSIBLE TOE THE PUBLIC,
SUCH AS WAITING ROOMS] LAVATORIES, PARKING LOTS, STREETS, SIDEWALKS AND OTHER
r
APPROACHES, ETC., AND LESSOR FURTHER AGREES TO INDEMNIFY AND HOLD LESSEE HARM-
LESS FROM ANY AND ALL CLAIMS, MADE BY PERSONS WHO ARE, HAVE BEEN OR WILL BE
I�! PASSENGERS OF THE LESSEE, AGAINST THE LESSEE ARISING OUT OF AND AS A RESULT
"'OF THE CONDITION OF ANY OF THE PUBLICLY USED PREMISES IN AND ABOUT SAID AIR-
PORT AND LESSOR FURTHER AGREES TO REIMBURSE LESSEE FOR ANY AND ALL COSTS AND
EXPENSES INCURRED IN DEFENDING OR SETTLING ANY SUCH CLAIMS.
ARTICLE XVI
NOTICES
v.
Z: NOTICES TO THE LESSOR PROVIDED FOR HEREIN SHALL BE-SUFFICIENT IF
SENT BY REGISTERED MAIL, POSTAGE PREPAID, ADDRESSED TO:
AIRPORT MANAGER
P. 0. Box 1622
^` CORPUS CHRISTI, TEXAS,
AND NOTICES TO THE LESSEES IF SENT BY REGISTERED MAIL, POSTAGE PREPAID, AD-
DRESSED TO LESSEES CIA. MEXICANA DE AVIACION, S.A., BALDERAS 36, APARTADO
POSTAL 901, MEXICO, D. F., OR TO SUCH OTHER RESPECTIVE ADDRESSEE AS THE PARTIES-
MAY DESIGNATE IN WRITING FROM TIME TO TIME.
ARTICLE XVII
COVENANT NOT TO GRANT MORE FAVORABLE TERMS
LESSOR COVENANTS AND AGREES NOT TO ENTER INTO ANY LEASES CONTRACT
OR AGREEMENT WITH ANY OTHER AIR TRANSPORT OPERkTOR WITH RESPECT TO THE AIRPORT
}
,b
4
5
1 '
I ! a
it •
CONTAINING MORE FAVORABLE TERMS THAN THIS LEASE OR TO GRANT TO ANY OTHER AIR
TRANSPORT OPERATOR RIGHTS, PRIVILEGES OR CONCESSIONS WITH RESPECT TO THE SAID
AIRPORT WHICH ARE NOT ACCORDED TO THE LESSEE HEREUNDER UNLESS THE SAME TERMS,
RIGHTS, PRIVILEGES AND CONCESSIONS ARE CONCURRENTLY MADE AVAILABLE TO THE
LESSEE.
ARTICLE XVIII
is
FEDERAL AVIATION AGENCY
WHENEVER THE TERM "FEDERAL AVIATION AGENCY" IS USED IN THIS LEASE,
U�• IT SHALL BE CONSTRUED AS REFERRING TO THE FEDERAL AVIATION AGENCY CREATED BY
THE FEDERAL GOVERNMENT ORIGINALLY AS THE CIVIL AERONAUTICS AUTHORITY UNDER THE
I.: CIVIL AERONAUTICS ACT OF 1938, OR TO SUCH OTHER AGENCY OR AGENCIES OF THE FED-
, ERAL GOVERNMENT HAVING FROM TIME TO TIME SIMILAR JURISDICTION OVER THE LESSEE
oL OR ITS BUSINESS.
} A ARTICLE XIX
a
'i HEADINGS
",.'•' - THE ARTICLE AND PARAGRAPH HEADINGS ARE INSERTED ONLY AS A MATTER OF
CONVENIENCE AND FOR REFERENCE AND IN NO WAY DEFINE, LIMIT OR DESCRIBE THE
SCOPE OR INTENT OF ANY PROVISION OF THIS LEASE. 1
ARTICLE XX
INVALID PROVISION
IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES HERETO THAT IN THE EVENT ANY COVENANT, CONDITION OR PROVISION HEREIN
CONTAINED IS HELD TO BE INVALID BY ANY COURT OF COMPETENT JURISDICTION, OR
OTHERWISE APPEARS TO BOTH PARTIES TO BE INVALID, THE INVALIDITY OF ANY SUCH
COVENANT, CONDITION OR PROVISION SHALL IN NO WAY AFFECT ANY OTHER COVENANT,
.,: CONDITION OR PROVISION HEREIN CONTAINED; , PROVIDED, HOWEVER, THAT THE INVALIDITY
OF ANY SUCH COVENANT, CONDITION OR PROVISION DOES NOT MATERIALLY PREJUDICE
,t
EITHER THE LESSOR OR THE LESSEE IN ITS RESPECTIVE RIGHTS AND OBLIGATIONS'CON—
TAINED IN THE VALID COVENANTS, CONDITIONS OR PROVISIONS OF THIS LEASE.
u ,
S
—12
I f I
1• j 1
' IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THESE'-PRESENTS '
AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. -
y � l
LESSEE:
CIA. MEXICANA DE AVIACION, S.A.
BY
LESSOR:
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY
CITY MANAGER
APPROVED AS TO LEGAL FORM
THIS DAY OF , 196
ASSISTANT CITY ATTORNEY
t••
d
t
S
t-
(1,
THAT THE FOREGOING ORDINANCE WAS R A )_FOR THE FIRS JME AND
PASS D/Sa -ITS SECOND READING ON THIS THE � DAY OF
�9 J BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN fL
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THAT THE FOREGOING ORDINANCE a{AS READ FO HE *SECONDIME P SE4B
TO ITS THIRD READING ON THIS THE pfi DAY OF / �9
BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THAT THE FOREGOING ORDINANCE WnpS READ FOR THE THIRD TI AND PASSED
FINALLY ON THIS THE 1'7 DAY OF LlL , 19 46 BY THE
FOLLOWING VOTE: U
DR. MCIVER FURMAN JLf t�l�Qr
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL 0,,p
U
BONNIE SIZEMORE / /Jy/.C.�
WM. H. WALLACE (�t.i�Q—
PASSED AND APPROVED, THIS THE / f DAY Or 4 �i-U�7 t9 ,
ATTEST•
CITY ECR TAR
APPROVED AS 0 LEGAL FO}M T
1<51(h-DAY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
"CITY ATTORNEY / ��