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)
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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.
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(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