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HomeMy WebLinkAbout02215 ORD - 01/27/1948AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A STATION LEASE AND OPERATIONS AGREEMENT WITH BRANIFF AIRMYS„ INCORPORATED, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That The City Manager of the City of Corpus Christi, Texas, be and he is hereby authorized and directed to execute for and on behalf of said City a Station Lease and Operations Agreement with Braniff Airways, Incorporated, a copy of which Station Lease and Operations Agree- ment is attached hereto and made a part hereof and reads as follows, to- itz STATION LEASE AND OPERATIONS AGREEMENT This lease and agreement made and entered into this day Of , 194 , by and between the CITY OF CORPUS GHRISTI, TEMS, a municipal corporation, awning and operating Cliff Maus Airport, located in Nueees County, Texas, hereinafter called Lessor, and BRANIFF AIRWAYS, INCORPORATED , a corporation organised and existing under and by virtue of the laws of the State of Oklahoma , engaged in transporting passengers, property, end United States mail by air, here- inafter called Lessee, Witnesseth= I. TER',IINAL 3UIL_7IYG SS,hC'4 4-ID FACILITIRS Lessor does hereby, for the term of five (5) years, beginning on the first day of September, 1947, and ending on the thirty -first day of August, 191i2, demise, lease and let unto Lessee approximately Three Hundred Sixty -eight (368) square feet of floor space adjacent to the lobby in the Terminal Building of said airport, as snown on rxhibit A, attached hereto and made a part hereof, same being that space now occupied and used by said Lessee in said building, said space being suitable for use by Lessee as an operations office, a ticket office and space for the installation and maintenance of radio equipment, except such regular transmitter equipment as may reasonably be placed off the Airport, and in connection therewith Lessor agrees to furnish Lessee with water, heat and electricity, such as may be necessary for ordinary office purposes, and in addition thereto, to furnish Lessee with suitable electric current for its radio equipment or other electrical equipment, including current for battery charger= provided, however, that Lessee shall pay for such additional current consumed by such equipment. MUNTWiANCS A D OPL ATION Lessor will maintain at said Terminal iuilding and in any new administration building a lobby or waiting room, adjacent to such office space, with connecting rest rooms or comfort stations for the use of passengers, guests and employees of the Lessee, . in common with passengers, guests and employees of others using the facilities at said airport, and will keep said premises in a clean and sightly condition. Lessor, during the period of this lease and agreement, Will maintain said airport with such facilities, navigation aids, radio control toner and lighting services, as to conform to the recommendations of governmental agencies, either Federal or State, having jurisdiction of such matters, and so maintain all of such facilities and landing field at said airport that said airport may be contaiued to be approved and recog- nized by such governmental agencies as an airport at Corpus Christi, Texas, subject to be used by commercial transport aircraft such as may be operated by Lessee, and lessor will furnish Lessee the use of said facilities for laming, take -off and directing flights by day and night, and shall supply all lighting facilities and service sufficient for lard- ing and take -offs at nif;ht, subjeot to the provisions herein contained. RENTAL For the office space so leased and the facilities so to be furnished, except those for which provision is otherwise herein spec- ifically made, the Lessee agrees to pay to the Lessor Six Hundred Forty - four Dollars and Four Cents ($644.04) per annum in equal monthly install- ments of Fifty -three Dollars Sixty -seven Cents ($53.67) each, and it is further stipulated and agreed that Lessee may, from time to time, if and when the same may be available, have additional office space in said Terminal Building for such period of time as the same may be needed, during the period of this lease, upon notifying Lessor of its requirements, and shall pay to the Lessor for any such additional space promptly while the saw is used by the Lessee at the rate of One Dollar Seventy -five Cents ($1. 75) per square foot per annum. Lessee shall not be charged for any space or facilities furnished directly by Lessor to any governmental agency. NEW OVINISTRATION BUILDING Lessee agrees that Less -r has reserved and does hereby reserve the right to build at any time during the term of this lease a new permanent administration building, and, when so done, to abandon or put to other use Lessee's exclusive space in the present terminal building. If and when such new permanent administration building is constructed on said airport, the parties hereto agree that Lessee shall be assigned adequate and comparable exclusive space therein at a rental rate to be then mutually -2- agreed upon. Upon occupancy by Lessee of such space in such new permanent administratioh building, its rights and obligations with respect to its exclusive space in the present terminal building shall thereupon auto- matically terminate. LESSEE'S FIXTURES AND E4UJI-MENT It is agreed and understood by the parties that the Lessee shall have the privilege of installing in the space so leased and used by it such fixtures and equipment, including radio equipment, except such regular transmitter equipment as may reasonably be placed off the Air- port, as may be necessary in the conduct of its business, and shall have the right and privilege of removing eay or all of such fixtures and equip- ment at any time or upon the termination of the lease, or within ninety (90) days thereafter, the Lessee not being then in default to the Lessor; provided, however, that Lessee shall repair in a workmanlike manner any damage caused by any such removal. II. USE OF LANDING FIELD AND RAN? Lessor grants to Lessee, for the period of the lease, the right and privilege of using the part of said airport commonly referred to as the landing field, for the landinL and take -off of its planes on scheduled flights and such other special, test or sight - seeing flights as Lessee may desire to make, as well as the right and privilege to take on and discharge passengers and cargo at the terminal ramp or place provided therefor at the entrance to the Terminal Building from the landing field, and further grants to Lessee the right and privilege to refuel and other- wise service, as well as to make repairs to its planes, and to have them inspected while on said landing field, it being understood that because of the nature of the business being transacted by Lessee as a commercial transport carrier it shall, in the exercise of such grants and privileges, have priority over others not engaged in the same business but desiring to use said airport facilities. This shall not be interpreted as a grant of exclusive use. -3- LANDING CHANGES For these grants and privileges, Isssee agrees to pay Lessor, monthly. One Hundred Dollars ($100.00) for Lessee-a first schedule, Seventy -five Dollars ($75.00) for Lessee's second schedule, Fifty Dollars ($50.00) for Lessee's third schedule, and Twenty -five Dollars ($25.00) for Lessee's each additional schedule operated to and from said airport. A schedule, as used herein, means one complete take -off and one complete landing, or one complete landing and one complete take -off, operated during the course of a month in scheduled service. It is further understood that the timetable of Lessee, as filed with the Civil Aeronautics Authority, in effect on the first day of each calendar month, shall be the sole basis for determining the number of such schedules and type of aircraft operated during much month, and no account shall be taken of schedule changes made during such month, or of the actual number of trip arrivals or aircraft landings occurring during such month, or of flight cancellations, extra sections flown, charter flights, special flights, teat flights, sight - seeing flights, or other unusual flights which Lessee may desire to make from said airport; provided, however, that in the case of a trip scheduled less often than dail;; the monthly payment shall be prorated on the basis of the number of days during the month upon which such trip is scheduled and treating such trip for purposes of computation as Lessee's last schedule. The foregoing landing charges shall apply to all schedules which shall be flown with types of aircraft, the approved maximum landing weight of which is between 170500 pounds and 25,000 pounds. +pith respect to any schedule on which Lessee operates a type of aircraft havin6 an approved maximum landing weight in excess of 25,000 pounds, the monthly fee for that schedule shall be the same as set forth above, increased by One Dollar (k1.00) for each 1,000 pounds of approved maximum landing weight in excess of 25,000 pounds. In computing such charges, amounts of 500 pounds or less shall be disregarded and amounts over 500 pounds shall be deemed to be 1,000 pounds. The term "approved maximum landing weight" for any aircraft, as used herein, shall be the maximum landing weight approved by the Civil Aeronautics Authority for landing such aircraft at the Airport. Jt In the event Lessor shall permit said airport, runways and landing facilities to get into such condition, because of failure to maintain the same or make repairs or replacements, or because of work being done thereon, that Lessee finds it necessary to restrict its oper- ations to and from said airport, then the payment to be made under the foregoing two paragraphs shall be adjusted by deducting therefrom 1/30th for each such schedule not operated for each day of non - operation thereof. FWSLING OF AIRCWT The Lessor gives and grants to Lessee the privilege of fueling and servicing its aircraft at said airport and, should it become necessary, the further privilege of, at Lessee's own expense, constructing and in- stalling fuel storage facilities, pumps, and other such fuel dispensing equipment and personnel as may be necessary to provide Lessee's aircraft with fuel and oil. LIMITATION OF LIABILITY OF LESSOR The Lessen agrees to hold harmless the Lessor of, from or on account of any loss or damage to aircraft or equipment, or injuries to employees, of the :-vssee at said airport, when the same is not proximately caused by the negligence of the t:essor, its agents and servants. III G8NMAL CONDITIONS The parties hereto agree to the following {eneral stipulations and conditioner. (1) The Lessor will, as soon as possible, after the last day of each month, prepare and send to Lessee, at its office located at Love Field, Dallas 9, Texas, an itemized statement of the amount due to Lessor on account of the several parts of this agreement, and Lessee will, on or before ten days after the receipt of such statement, pay the amount due to the Lessor at Corpus Christi, Texas, and to secure the payment of any amount becoming due hereunder from Lessee to Lessor, the latter shall have a lien on all or any of the fixtures, equipment and property of the Lessee in its offices in said Terminal Building and elsewhere at said airport. (2) Either party shall have the right and option to cancel and terminate this lease and agreement for and on account of any default of the other party and the continuance of such default for a period of thirty (30) days after written notice of such breach to the defaulting party of the intention of the other party to cancel and terminate the lease and agreement. (3) Lessee may cancel this lease and agreement in whole or in part either prior to or subsequent to the commencement of the term hereof on the happening of any of the following; conditions, mien the same have not been brought about by a breach of t,o:,d faith on the part of Lessee directly toward Lessor: (a) The refusal of or the withdrawal by Civil Aeronautics Board or other proper governmental agency of the right of Lessee to operate into and from said Municipal Airport. (b) The termination of the obligation, privilege or right of Lessee, regardless of how granted or imposed, granted by or owing to the Federal Government for the carrying of the United States air mail to, from or through Corpus Christi, Texas, or its environs. (c) The withdrawal by the Yost Office Department of the United States or other governmental agency of the designation of said municipal airport as a terminal point for the receiving and dispatching of the United States air mail. (d) The issuance by any court of proper jurisdiction of any in- junction, order or decree preventing or restricting in any way the use of said municipal airport or arW part thereof for airport purposes. (a) Any action of the Civil .sronautice Board, Civil aeronautics Administrator. or other proper governmental agency refusing to permit said Lessee to operate into, from or through the said municipal airport such aircraft as Lessee may reasonably desire to operate thereto and therefrom. (f) The inability of Lessee to use the premises and facilities con- tinuing for a longer period than thirty (30) days due to any order, rule or regulation of any proper governmental auth- ority having jurisdiction over Lessee or the conduct of its business. (4) In the event the premises occupied by Lessee at said ter- minal building become damaged by fire or other casualty, but not rendered untenantable, some shall be repaired promptly by and at the expense of Lessor. If such damage shall be so extensive as to render the premises untenantable, the rental due hereunder for the use of such space in said building shall be proportionately paid by Lessee up to the time of such damage, and from said time shall cease until the premises are put in 'Ood condition for further occupancy by Lessee, which shall be done promptly by and at the expense of Lessor. In the event of the destruction of the premises so as to render it necessary that the same be rebuilt, this lease, at the option of Lessee and upon the payment of the proportionate part of the rent up to the time of such destruction, shall terminate as of such time. ADDI'TIOUAL PROVISIONS It is understood that because of the nature of the business being transacted by Lessee as a commercial transport carrier it shall have the right to engage in all activities reasonably necessary to the exercise of the foregoing rights and privileges, and shall, in the exercise of the foregoing grants and privileges, have priority over others not enga6ed in the same business but desiring to use said airport facilities. This shall not be interpreted as a grant of exclusive use. Lessee shall have the right to purchase its requirements of equipment, fuel, lubricants, food and other passenger supplies, and any other required materials and supplies from any person or company of Lessee's choice, to mako agreements, with any person or company of Lessee's choice, for work to be done for Lessee; and to sell, dispose of or exchange such equipment, materials and supplies purchased for its own use, but not to make such sales as a regular course of business. Lessee shall have the right to designate the carrier or carriers who shall or may regularly transport Lessee's passengers and cargo to and from the airport. Lessor shall grant free and unrestricted access. ingress and egress for Lessee's passengers, employees and invitees and their property with respect to those portions of the field and terminal building where such persons and property are required or permitted to be for purposes contem- plated in this agreement. -7- No rentals, fees, takes or other charges, except those herein expressly provided, shall be charged against or collected from, directly or indirectly, the Losses or anp other persons for aq of the premises, facilities, rights, licenses and privileges granted in this lease. COVENANT NOT TO GRANT MORE FAVORABLE TERMS Lessor covenants and agrees not to enter into wV lease, contract or agreement with any other scheduled air transport operator with respect to the airport containing more favorable terms than this lease, or to grant to any other scheduled air transport operator rights, privileges or concessions with respect to said airport which are not accorded to the Lessee hereunder, unless the same rights, privileges and concessions are concurrently and automatically made available to the Lessee. ASSIGNABILITY Lessee shall not at any time assign this lease, or any part thereof, without the consent in writing of Lessor; provided, however, that without such consent Lessee may assign this lease to any corporation with which the Lessee may merge or consolidate or which may succeed to the bus- iness of the Lessee, or may sublet any of the space leased exclusively to the Lessee hereunder. IN WITNESS WHEREOF, the parties hereto have caused this instru- ment to be executed in triplicate by their duly authorised officers the day and year first above written. CITY OF CORPUS CHRISTI, TESAS by ATTEST: City Manager COUNTERSIGNED: City Secretary APPROVED AS TO LEGAL FORMS on ro er LESSOR city omey BRANIFF AIRWAYS, INCORPORATED BY Vice President ATTEST: LESSEE Secretary —s- SECTION 2. The necessity for providing for adequate conmercial airline services for the citizens of the City of Corpus Christi creates a public emergency and public imperative necessity requiring the suspen- sion of the Charter rule 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 necessity exist, and having requested that such Charter rule be suspended, 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. PASSED AND APPROVED this day of A. D. 1948. City of Corpus Christi, Texas ATTESTS clityS r y APPROVED AS TO LEGAL FORM: i ttorney i s s ant Xity Attorney i Corpus Christi, Texas 1848 TO THE MEMBE&S OF THE CITY COUNCIL Corpus Christi, Texas Gentlemeno 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, 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, City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wasley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by following votes Presley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson Z z rs