HomeMy WebLinkAbout02217 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 AGREIWNT WITH PAN AMERICAN AIR-
WAYS, INC., AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF TIP CITY OF CORFUS
CI3RISTI, TrJW:
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 Pan .American Airways, Inc., a copy of which Station Lease and
Operations Agreement is attached hereto and made a part hereof, and reads
as follows, to -wit:
22/7
STATION LUSlS AND CPERATIMS AfiRSFIVRT
This lease and agresmaat made and enured into this
day of , 391+7, bj and botwom the City of
Corpus Christi, Texas, a minicipal corporation. owning and operating
Cliff Vaus Airport, looated in Nwxwa County, Texas, hereinettor called
Lessor, avid pan wrioen Aim", Im., a corporation organised and
existing undar and by virtue of the Iowa a^ the ^tote of New York, eat -
gay,ed in tranoporting passengers, property and mail by air, hereinafter
Balled Leases, ( and which expression shall include the subsidiaries cad
affiliates of the Pan I.tmrican Norld "irways System), Witneaseth:
T
TMINAL MUDIAG SEW. AND FACWTISS
Laseor daee hereby. for the torsi of five (5) yours, beginning
on the first day or Soptember, 1947, and ending on the thirty -first day
of I*ut, 1952, dv dse, lease and let unto Imemee approximately One Hun-
Bred Sixty -four (1610 aqua" feet of floor space adjacent to the lobby
in the Terminal Hailding at said airport, as shosmn an.F49hibit As attached
hereto and made a part hereof, SW beiW, that space now ocoupted and
used by said Lessee in said building, said "ve being suitable for use
b: Losses, as an operations office, a tioket office and space for the in-
stallation said maintawmee of radio equignent, sxsert such re&ular
trawmAtter equipment as may reasonably be placed oft the Airport, and
In oommotion therewith Lessor agi eea to furnish Leaves with water, heat
and electricity, such as may be necessary for ordinar7 office Moses,
and in addition thereto, to furnish lassos with suitable electric current
for its radio equipmut or otrs,r electrical equipment, including currant
for battery ohargerf provided, hoer, that Leases shall pay for suah
additional current consumed ty such equipment.
YA-THTEW,YCR AND OF!IWItNP
Lessor will maintain at said Terminal Huild w—, sod Jx any nm
administration building a lobby or waiting rocsm, adjacent to such office
apace, with connecting rest rooma or ousfort stations for the use of pasaau-
Cora, pmats and emgloymes of the i sssss, in ommona with passengers, guests
axe o mplaWaso of ott»ra using the facilities at said airport, and will keep
said premises in a oleac and sightly condition.
Lessor# during the period of this low and ogromat, still
mintrain said airports with such facilities, navigation aids, radio control
Sdwor and ligh%UW srrvicea, as to oarataM to the reouooendations of govern, -
&vntal agrnsiss, either Moml or State, hatrivG jurisdiction of such mattere,
and so maintain all of such facilities and laadin;; field at said airport that
said airport may be continued to be approved and r000gnised by such r ovora:-
mentsl ""miss as an airport at Corpus Christi., Texas, subject to be used
by commercial transport aircraft such as mw be operated by lasses. and
lessor will furnish Losses the use of said facilities for landing, take-
off and dirooting flits by day and night, and *fall supply all lighting
facilities and service oufficient for lmding and take -offs at night, sub -
ject to the provisions heroin contained.
For the office epos so Lsssed and the facilities so to be furnistod.
except those for which provision is otherriso herain specifically made,
the Less" egme to pay to the Lessor No ii+mdred iighW -nvm Dollwo
(M7.00) per exinum in equal m nv ay install=..ts of Twenty Yhroe r)ollars
end Sinaiiy -fso couts (493.92) each, and it is further stipulated one agreed
that Lssswe may, !rate time to time, if and *m the now may be available,
has* additiona office space in said Torminal AdIding for such period of
timm as the sass may be needed, during the period of this lease, upon notifying
lessor of its requirrmmyU. and shall pay to the Lessor for say additional
such .pass prc®ptly while the so" is used ttV the Lasses at the rats of one
Dollar r rfta*- 'lvo duets ($1.75) per square foot per antana► Loose shall
not be ohorgad for sup* space or taoilities furnished directly by Lessor to
aw +erote ntal agangy►
RUN Ig?ATltrii IMUDM
i- � ire-
Lassen agrees that Lessor has reserved and does hereby reserve
the right to build of any time during the term of this lease a now perms -
neat administration building, oul, ohm so dons, to sbandom er put to other
use Lesssems exclusive specs in the prasmst terminal butildift► If and when
such new permanent aaministsation building is constructed an said airport,
m
the parties hereto agree that rases shall be aasigned adequate and
oprparable eicolusive opaee therein at a rental rate to be than aeetaaaU7
agreed upon• Upon, oeattpmW by iasasea of such space in such now per -
maAont administration Wilding,t its rights and obligations with respect
to its exclusive spaes la the M"Ut tsrAUNI building &:')ell therm
automatically tormimte.
LWS aS BIXTiP S AND BilUIP4Jpm
ft is speed and murstoed by the parties that the Leesee shall
have the privilege of installing in the space so leased and used by it such
j fixtures and equipment, including rash* equipment, except such regular
taran"itter squip eat as Mq rea oonab4 be plaosd off the .Airport, to a w
be necessary to conduct its business, and shall have the right sad privilege
or ra•oving any or all of suoh fixtures and equipwat at any time or upon
the tuminatiou of the how. or withbin vinety (90) days thereafter, the
la osss not being then in default to the Lessors provided, how . that
Leases, shall repair in a workmanliks manner say dehmagi caused by any such
I1
=8 MP LABi 1W FX"D AND RAM['
Lessor groate to LaRsses, for the period of the leans, the right
and p'ivi.lese of using the part of said airport commonly referred to as the
lashding field„ for the landint, and taboo -off of its planes an scheduled
Plights and such *alter special, teat or sitht -soeiq fluter as Lessee my
desire to make, an well as the right and privilege to take can sad discharge
passengers end oars* at the terminal ramp or place provided therefor at
the entrance to the garisinal wilding from the landing field# and further
grants to losaro the right and privilege to refuel and otherwise service,
ae well as to mains repairs to its places, and to have then inspected while
on #aid landing Mid, it being anderstaid that boom" of the nature of the
Dusimaas being transacted by trsase as a commercial transport carrier it *hall,
in file exwraise of such grants azA privileges, have priority over other* not
eagaaed in the some busimses but desiring to use said airport facilities.
This shall not be interpreted as a great of emiuusive use.
LRM iNG Ci—MM
Par those wants and privileges, Lesom agrees to pay Lessor*
mont14, one Hundred Dollars (tl0O.O0) for Lesseeas first schedule,
Swrea ry -five !)ollara (M.00) for Loosses Is second schedule, Fifth Dollars
(450.00) for lessee's third schedule. and Twenty -rive Dollars (#25.00)
for Lessee's Each additional schedule operated to and from said airport.
A schedule. as used herein. sans oaye complete tuke*off and case oaaaplets
landings or one complete lendln, raud ace oamrplete take -off, operated during
the course of a moth in scheduled service. it is further understood that
the tisstable of Losses. as filed with the Civil Aeronautics `uthority,
In effect an the first day of each oslendar mouth. shall be the sole basis
for determinitr the ==bar of such sohadules and tepee of Aircraft operated
during such m=tch, and no ascouut shall be taken. of schedule obattges =m4e
during much myth, or of the actual number of trip arrivals or aircraft
landings ocaur ing during such moaW, or of f1 Ot oanoellations, extra
sections flown, charter flights, special fliebts, test flights, sight - Ewing
flights, or other umusual flights which Lessee awy desire to crake from said
alport3 provided, however, that is the case of a trip eohadulsd USE often
than daily the monthly pmt shall be prorated an the basis of the nasshor
of days during time month upon which such trip is scheduled and treating such
trip for purposes of oeVwtatim as Lessers+s last sabsdule.
The foregoing leveling obargee shall apply to all schedules which
shall be flawah with types of aircraft, the a"rovEd saaoimuma laadl weight
of which is bet!les12 17e5M pounds and 25,OW pounds. !kith rsspeot to scan
schedule on which Lessee operates a type of aircraft having an approved maxi -
mm landing weight is ez oess of 2580W you nde, the monthly roo for that
schedule shall be the saahs as set forth abets, increased by One Dollar (93.00)
:or each 1.000 pounds of approved ma-f— landing weight In excess of 255.000
pounds. In computing such ohargesg amount* of 500 pounds or less shall be
disregarded and a=lts Error 5130 pounds shall be deeacd to be 3,000 pounds.
The term "approved maximma landing weight" for any ai
In the event Loeser shell permit said airport, ruaarsys and landing
faoilities to get Into ouch oondition, became or failure to maintain the
same or make repairs or replaaw4nts, or because of work being does thereon,
that Lasses finds it asaeassary to restrict its operations to and from aaid
"art. than the payarnt to be made under the foregoing two paragraphs
small be adjusted by deducting therafrou 1/30th for each such schedule not
operated for eaoh day of um- operati
days after written notice of such broach to the defaulting party of the
intention, of the other party to cancel and termiaste the les" and
agraeimantr '
(3) Losses may cancel this lease and agreement in whole or in
part either prior to or subsequent to the ont of the term hereof
on the happening of away of the following conditions, when the sane have
not been brow ht about by a breach of good faith on the part of Lessee
directly toward U.essarw
(a) ilia refusal of or the withdrawal by Civil . Wronautios hoard
or other pauper govarnmental apenoy of the rijxt of Lessen
to operate into and from said w— Acipal sirrport.
(b) The terminatiou of the obligation, privilege or right of
lessee, regardless of howl granted or, imposed. granted by or
owing to the -United States isederal, Government or axW foreign
gaysrament for the oarsying of its air mail to, from or through
Corpus Chriati. Tessa. or its environs.
(o j The wwithdrow al by the Pout . -moo Department of the united
States or the postal authorities of a foreign gonrrmeent, or
other ;ovornmental agencies. of the desigaation of said munici-
pal airport as a terminal point for the rooeivia,_ and dispatching
Of its air is 114
(d) The issuance by say court of proper jurisdiction of air injunc-
ti,=# ardor or door" preventing or restricting in 4W way the
use of said municipal airport or aq part thereof for airport
purposes.
(o) Any action of the Civil eronautios Hoard. Civil Aeronautics
AAministrator, Lv other proper governmental agency ,refusing
to permLt said Lessee to oporate into. Aram or through the said
samicipal airport such aircraft as lessee may rsensovAbly desire
to "rate thereto WA therefrom.
(f) The inability of %ssee to use the premises and facilities con. -
tiaauin6 for a longer period than thirty (30) days dwa to aaay
ardor, rule or regulation of aw }roper - .ovarramontal authority
having jurisdiction over nsssee or the conduct of its business.
-6-
(4) In the event the prsaadsos occupied by Lessor at said
terninal building b000me dvoged by fire or other cavalty, but not ren-
dered %aasenantablo. ease shoal be repaired promptly by and at the espwnae
of Lessor. If such damage *hall be a4 extensive as to rsndsr the premisee
u►tmo table, the rental alas here rAer for the use of such apses is said
building stall be proportionately paid by Lasses up to the time of much
du age, Wuxi from said time shall oew until the moues are put In good
condition for further oaou%vaW by lessee, which shall be dons pra*tly
tar and at the expense of Lessor. Zu the event of the destisation of the
promises so as to rouder it sapessaryr that the Same be rebuilt, this ;ease,
at the option of Losses and upon the payment of the proportionate part of
the rout up to the time of such destructiono shall terminate as of such time.
ADDITIO" PROVISIONS
It is mWerstood that because of the nature of the business
being transacted by Losses as a oaararoial tranaport carrier. it shall have
the right to engage in an aotivities reasonably aeceseary to the exercise
of the foregoing rights and privilege*, and shall. in the exercies of the
foregoing grants and privileges. have priority oeer others not engaged in
the ass: busiaoss but desiring to use said airport foollitiesw This shall
not be interpreted as a grant of oxalusivo use.
losses shell have the right to purchase its requirements of
equipment, fusl, lubrioants, food and other passsager supplies, and sW
abhor required material* mod auWlos from any parses or ocmpsW of Lessoe#s
chalce, to malae *&roommate with any person or comspany of Lvsaee's choiceso
for work to be dome for Lessool and to sell► dispose of or awhanLs such
equipment, arterials and supplies purchased for its can use# but not to sake
such *alas as a regular course at busiaaass.
Lessee shall have the right to desigsatas Us carrier or carriers
Who shall or may regularly transport Lssee "s passengers and cargo to cad
from the airport. Lessor shall grant free and mr*4tricted spaces. Ingress,
and brass for iesseets paoseagara, sWleyres and Invite" and their propwV
with respect to those partiorme or the field and terminal building where
such persons and property we required or permitted to be for purposes can -
templated in this sdresmsate
Do rentals, fees, taxes or other charges. apt those herein
eaora 24, provided. *hail be charged sge#aat or collected Prim, directly
Or Udir*ct'Y, the La SSMI or MW other persons for a W of the prods".
facilities, rights, licenses and privileges granted in this lease.
CST NOT TO a?Stw MME FAVCflNBL& TLAsaS
Lossor oarmmts saxi agrees not to otter Santo aq lease, contrsot
Or agrseso nt with a2. other scheduled air transport operator with respect to
the airport ocantaining =care favorable terms tkaa this lease, or to grant to
MW Other a0hoduled air transport vporattor rights, privileges or conosssiou
with respect to said airport which are not accorded to the Losses :hereunder.
Unless the some ri;;hta, privileges and consessione are concurrently and
sutftRUoaliy ZWW afailabls to the t.esseer
ASSIGUBZLITY
1,02400 shall net at any time assign this lease. or anW part
th#r Qf, Without the COMM, in vritiq of Leseorl provided, hasaver, that
without such CM%eut Lessee =Ay asst n this lease to my corporation with
which the Lose** nay merge or consolidate or which may suc000d to the t. wi-
zoos of the Lose", or x#q sublet wW of the sines ]*good ezolusiv,,4 to
the Leases beraendsr.
I$ W'TNr,'SS iiX"'L W- the parties hereto haVe oauaed this instant-
3100t to be s"cuted in quadrupUWW ty tMir duly authorised offioirs tie
day and year first above written.
CITY (P OMMS CHRI '72, Tww
ArfUTZ OCaIgtSSSIai e
APPROM And TO l,EtAL F"UWa
eP
Lessca
PAN AMMAN AMMYS, INC.
ATTEST s LESSM
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 end be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this day of ! ,
A. D. 1918.
MAY
City of Corpus Christi, Texas
ATTEST:
y or ry
APPROVED AS TO LEGAL FORM:
Corpus Christi, Texas
Q , 1948
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemenc
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,
R
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wealey E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry ;he Joe T. Dawson
The above ordinance was passed by ollowing vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
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