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
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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.
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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.
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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
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