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HomeMy WebLinkAbout02216 ORD - 01/27/1948AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY M&NAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A STATION LEASE AND OPERATIONS AGREEMENT J'JITH EASTERN AIRLINES, INC., 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 Eastern Airlines, Inc., a copy of which Station Lease and Operations Agreement is attached hereto and made a part hereof and reads as follows, to-wit- STATION LSAU AN]) OPERATIONS AGnP30 1T This Iease and agreesont made and entered into this day of . 1947, by and betwoon the City of Corpus Christi, Texas* a municipal corporation, owning and Operating Cliff Maus 'Lrport. located in Nueess County, Texas. hereinafter called Lessor, and Eastern Air Lines, Inc., a corporation organised and existing under and by virtue of the laws of the State of Deleears, engaged in transporting passengers, property, and United States nail by air, hereinafter called Lessee, Aitnesseths I TERMINAL BUILDING SPACE AND FACILITIES Lessor does hereby, for the tern of live years, beginning an the first day of September. 191i7, and ending on the thirty-first day of August, 195es demise, lease and let unto Lessee approximately Four dundrvd flirty -two (462) square feet of floor space adjacent is the lobby in the Terminal Building at said airport, as shown on 3 xhLbit A, attached hereto and made a part hereof, same being that spans now occupied and used by said Leases in said building, said space being suitable for use by Leases as an operations office, a ticket office and spews for the installation and maintenance of radio equipment, except such regular transmitter equipwent as may reasonably be placed off the Airport, and in connection therewith Lessor agrees to furnish Leases 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 equipwsnt, including current for battery chargery provided, however, that Lessee shall pay for such additional current consumed by such equipment. "INTENANC& AND OPEBA.TIM Lessor will maintain at said Terminal Building and in easy now administration building a lobby or waiting roomy adjacent to such office space, with oonnoctiny root room or comfort stations for the use of passengers, (,uests and enployeee of the Lessee, in common with passengers, Guests and snployews of others using the facilities at said airport, and will keep said promises in a clean and sightly condition. Leaser, during the period of this lease and agreemat, will saiatain said airport with such facilities, navigation aide. radio control tower and lighting services, as to oontom to the recorsondstiom of governmental agencies, either Federal or 'tote, hating jurisdiation of such matters, and so maintain all of such facilities and landing field at said airport that said airport my be continued to be approved and mognised by such governmental agencies as an airport at Corpus Christi, Texas, subject to be used by oamnercial transport aircraft such as may be operated by Losses, and iessor will furnish Lessee the use of said faci- lities for landing,, take -off and directing flights by day and night, and shall supply all lighting facilities and service sufficient for landinf; and take -offs at night, subject to the provisions heroin contained. LUTAL For the office spas, so leased and the facilities so to be furnished, except those for which provision is otherwise heroin speci- fically made, the Losses agrees to pay to the Lessor &ight Hundred Eight Dollars and Fifty Gents ($ON.50)per annum iue equal monthly installments of Axtyseven Dollars Thirty-seven Cents (167.37) eaah, mad it is further stipulated and agreed that Lasses may. from tim to tier. if and when the acme msy be available. have additional office &pass in said Terminal d,. +ilding fie sw h period of time as the scree my be nseded, during the period of this lease, upon notifying Lessor of its requirements, and shall pay to the Lessor for &xW such additional space promptly while the some An used by the Lessee at the rate of ON Dollar dreveaty five Cants ( #1.75) per scpare foot per ammu. Losses shall not be charged for any space or facilities furnished directly by Looser to wW governmental agency. 90 ADWISTW ICS dUIWINGf Laws agrees that Lessor has reserved and does hereby ramrm the right to build at mmW tie during, thine taro of this loam a nor adsd mis- tratio► building, arid, when so does, to abandon or put to Other owe Leaseeea exclusive apace in the present terminal building. If and v"m such na.► fro nt administratiom building is constructed on said airport, the pai'tiOWAW%* agree that Lessee shall be aseigned adequate and o4operable exclusive spans theraft at a rental rate to be than actualiy agreed upon. Lipton oscupa W by Leaves of such &pace is such now petraennt administration -e- building, its right cad sbliptions with respect to its stoiusirs epeee in the present terminal building shall thereupon, autosatiaally tersi.aate. LBSSMIS FIXTHRNS AND ELUn'l68'i9T It is 40`004 and understood bV the parties that the Losses shall have the privilege of installing in the space so leased and used by it such fixtures and equipment, including nAla equipawnt, except such replar transmitter squipwat as aq reasonably be placed off the .Airport, as may be necessary in the conduct of its business, and shall have the right and privilege of removing azV or all of such fixtures and equipsssnt at WW time or upon the termination of the lease, or within ninety (90) dAya thereafter. the Lesaee 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. rr USE or LANDING FIELD AND RAMP Lessor grants to Lessee, for the period of the leans, the right and privilege of using the part of said airport commonly referred to as the landing field, for the laadi% and take -off of its planes an scheduled flights and such other special, teat or sight- ewsing flights as lsasse may desire to sake. as wall as the right and privilege to take on and disohargo passompre and cargo at the terminal reap or place provided therefor at the entrances to the Uralml Building from the landing; field, and further grants to Losses the right and privilege to refosl 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 oammspaial transport carrier it shall, in the exercise of such grants and privileges, have priority aver others not engaged in the sass business but desiring to use said airport facilities. This #hall not be interpreted as a grant of exclusive user LUDING CHARM For these grants and privileges, Lessee agrees to pay Lessor, monthly, One Hundred Dollars ($100.00) for 1404ee18 first schedule, Seventr-five Dollars (M.00) for iesaea *s second schedule. Pifty Dollars ($50.00) -3" for Lessee's third schedule, and Tw*uW five Dollars ($25500) for Lessee's saoh additional soheftlr operated to and from said airports A sohoduls, am used herein. means am complete twice -off and am complete landing. or one complete landing and one complete tale -off, operated during the course of a month in asheduled service. it is further understood that the time table of Lease*# as filed with the Civil Aeronauties Authority, in effect on the first day of each calendar mouth, shall be the sole basis for determining the maber of such schedules and type of aircraft operated during such montho and no account shall be taken of schedule obangns made during such month, or of the actual number of trip arrivals or air- "t landings occurring during such math, or of flight cancellations, extra sections flown, charter flights, special flights, test flightso sight - seeing flights, or other unusual flights which Mess" may desire to racks from said airport= provided, however, that in the oast of a trip scheduled lean often then daily the monthly payment shall be prorated an the basis or the number of days during the month upon which such trip is scheduled and treating such trip for purposes of computation as L,ases's last schedule. The foregoing landing chards shall apply to all schedules which shall be flown with types of aircraft, the approved maiisam landing weight of which is between 17.500 pounds and 25.000 ponds. With respect to mW schedule on which losses operates a type of aircraft having an approved maximum landing weight in excess of 25,0DD pounds, the monthly fee for that schedule shall be the acme as set forth above. increased by One Dollar (,1.00) for each 1,000 pounds of approved maximin landing weight in excess of 25.000 pads. In computing such ehargas. amounts of 500 pounds or less shsll be disregarded and amounts over 500 pounds snail be deemed to be 1,000 pounds. The tern "approved maxims landing, weight" for any aircraft, as used herein, shall be the msximsa landing weight approved by the Civil leronautioa uthority for landAz6 such aircraft at the `irport. In the evant lessor shall permit said airport, runways and landing facilities to gat into such condition. because of failure to main- tain the as= or make repairs or replacements, or because of work being dons thereon„ that Leasae finds it neoesaary to restrict its operations to and from said airport, 'then the payment to be mad* under the foregoing too paragraphs shall be adjusted by deducting therefrom 2/50th for cash sash schedule not operated for each day of non— oporation thereof* r�Llx� oI` sIBT The Lessor gives and VwAs to Losses the privilege of fueling and servicing its aircraft at said airport and, should it become neoessary, the fUrVW privilege of, at 1*25ee16 on expanse, oongtructi4 and in- atalliag fuel storage facilities, pumps, and other such fuel dispensing equipment and personnel an may be necessary to provide Lessee's aircraft with fuel ad oil* LIMITATION OF LIABILITY OF LE.SEOR The Losses agrees to hold harmless the lessor ofs from or on acceantt of any loss or damage to aircraft or equipment, or injuriss to eIMPleyeess of the Lessee at said airports when the same is not }rozimotely caused by the negligence of the Lessor, its agents and servants. III 02YERILL. CONDITIONS The portion hereto agree to the following goneral stipulations ad conditio" I (1) The I.easor will, as soon as possible, after the last day Of each months prepare and send to Lessee, at its office located at 10 Rookefeller Plasa, low York 20, Now York, an itsaised statement of the amount due to Lessor on account of the several ports of this agreements and Lessee will, on or before ten days alter the receipt of such statements PAY the &=Mt due to the .Lessor at worpus Christi, Texas and to "owe the pacrmsnt of WW ask+unt becoming due hereunder from Lessee to Lessor, the latter shall have a lien on all or any at the fixtures, equipment and property Of the Lessce in its Offices in said Terminal Building and *In*- where at said airport. (2) Sither party shall have the right and option to ague and terminate this lease and agreement for and an account of any default of the other party and the oamtinuanae of such default for a period of thirty (30) days after written notice of mush breach to the defaulting party of the intention of the other party to cancel and terminate the loose and agrommant. -5- (3) Lessee may cancel this lease WA agreement in ,whole or in part either prior to or subsequent to the 000mnoement of the term hereof on tho happening of &W of the following conditions, when the same have act been brought about by a breach of good faith on the part of Lessee directly tasard issuers (a) The refusal of or the withdrawal by Civil ?eronauties Board or otter proper governmental %-envy of the right of Lessee to operate into and from said mmai.oipal airport. (b) The termination of the obligation, privilege or right of Lessee, regardless of how ;.ranted or ispossd, Created by or owing to the Fodaral 4overrseant for the oarryin4, of the United States air mail to, from or through Corpus Chr_sti, Texas, or its environs. (c) The withdrawal by the Post Office Department of the United Staten or other Covermental agmncy of the denigration of said municipal airport as a terminal point for the receiving sad dispatching of the !Uited States air mail. (d) The issuance by any court of proper jurisdiction of any injure tion, order or decree preventing, or restricting in air nay the use of said n ncioipal airport or azW part thereof for airport purgoses. (e) dray action of the Civil Aeronautics Hoard, Civil Aeronautics dsinietrator. or other proper govermaental ageney refusing to permit said Leases to operate into, frog or through the said municipal airport such aircraft as tosses nay reasonably desire to operate thereto and therefrua. (f) The inability of Lessee to use the premises and facilities continuing for a longer period than thirty (30) days due to wW order, rule or regulation of asw proper govermoontal autho- riir havi rental due herewuSer for the use of such space in said building shall be proportionately paid by Lossee up to the time of such dansge r and from Said time shall cease until the premises are put in good condition for further occupancy by Lessee, which shall be done promptly° by and at the expense of Lasser. In the meant of the destruction of the premises so as to render it necessary that thin saes be rebuilt, this lease, at the option of Lessee and upon Use payment of the proportionate pert of the rent up to the time of much destruction, shall terminate as of such time. bl'iT Mac PROVISIONS It in understood that because of the nature of the business being transacted b;, Lessee as a commercial transport carrier it shall have the right to engage in 811 activities reasonably necessary to the exercise of the rorejoing; rights and privileges, and shall, in the exercise Of the foregoing irants and privileges, have priority over odors not eagajwd in the same business but desiring to use said airport facilities. Thin shall not be interpreted as a grant of asolusive use. LOOSSe shall have the right to purchase its requirements of squiPsnsnt, fuel, lubricants, rood and other passenger Supplies, and eny other required noterials and supplies from any ;;ersoa or ocatpany of Losses's choice, to make agreamats, with any person or compwW of Lessee's choice, for work to be done for Lease*; 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 rojular course of business. Losses shall have the right to deaiZnate the carrier or carriers who shall or mayregularly transport iosses's passengers and cargo to and from the airport. Lessor shall rran't free and unrestricted access, ingress and egress for Losses** passengers, esgPloyees and invitees and their property with respect to those portions of the field and terminal building whore such persons and property are required or permitted to be for pur- poses contemplated in this agreement. No rentals„ fees, taxes or other churies, except those herein expro&41y provided, shall be charted against or collected from, directly or indirectly, the Lessee or any other persons for arV of the previses, facilities, rights, licenses and privileges granted in this lease. -T- COVEDIXT NOT TO CBOT MOM FAVCPA= TF:W Lessor covenants and agrees not to enter into usW leases son - tmt or a4semnnt with zing other scheduled air transport operator Frith respect to the airport oontaining more favorable terms than this lease, or to grant to exgr other scheduled air transport operator rijhtss privi- leges or t.onmasiens with respeot to Said airport wLion are cot accorded to the Lessee hereunder, unless the sava rights, privilaeea and concessions are concurrently and uutomatiosl4- ,ado as *,ildble to Lhw ;.asses. Au3IGRABILITY Lessee shall not at any time assi;,n this leases or atty part thereof, without the consent in writiL4, of Lessors provided„ however, that without such conoent Lessee ney asiii4n this lease io any corporation with which the lessee nay mare or consolidate cr which may succeed to We business of the Lessees or Rtay sublet any of the space leased szolu- sively to the Lessee hsrsundsr. IS RITNESS VRER110F, the parties hereto have caused this instru- ment +.o be executed in triplicate by their duly authorised officers the day and year first above written. CITY or C:o?'zrrs r;fni2 =I. T-'=c RI GITF Mier ATTSITT s MtSTM IMM s airy ore o ra mr ISS30R i,PPROW AS To IXGAL FORNs Y FASTF N AIR Llt Es. IRC. Was !'rosideat re SECTION 2. The necessity for providing for adequate commercial 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 PITD APPROVED this day of , A. D. 1918. City of Corpus Christi, Texas ATTEST: visy aveoary APPROVED AS TO LEGAL FORM: orne � a A Orney Corpus Christi, Texas 191+8 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, MAYCR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Wesley E. Seale George R, Clark, Jr. John A. Ferris R. R. Henry Joe T. Dews on The above ordinance was passed by is following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson 2-2-14e