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HomeMy WebLinkAbout02720 ORD - 03/07/1950AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF TIT; CITY OF CORPUS CHRISTI TO EXECUTE A LEASE AND AGRESIM WITH AIR PTEWS, INC., A CORPORATION, FOR THE RIGHT AND PRIVILEGE TO USE CERTAIN AIR- PORT FACILITIES AS DESIGNATED,AND SUBJECT TO LIMITATIONS AND RESTRIC- TIONS, FOR CONSIDERATION AS SET FORTH IN SAED LEASE AND AGREEMENT, WHICH IS MGADE A PART HEREOF, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASI SECTION I. That the City llanaLer of the City of Corpus Christi, for and on behalf of the City, be and he is hereby authorized and directed to execute a lease and agreement-with AIR NEITS, INC., a corporation, for the right and privilege to use certain airport facilities as designated, subject to limi- tations and restrictions, for the consideration as set forth in said lease and agreement, a copy of which is attached here- to and made a part hereof, to -wite Z,7Z.V TIM STA29 oT T S TURCU 'Phi.+ laus Am AGMUMT mad* and amtered Into this day or .�,.,�..� r. ;Eg,,, j by end between the CITY �V CVIPM C USTI, ' Y—VS, a TIMiaipal oerperatitaan, OWIAS end operating Cliff Afto Airport, located In Ramses Com*y, Tom*# hereinafter called Lerner, mad AU 1M. M., a e - Uw Organised and existing wader end by virtue of the lams of the State of Texas, envmwd in eommorow flight ope va!tiams, bmir"kar oa 1*4 ietssae, Tidal .T 1 A IX FIXW AND UW Lesser grants to Less", far the period of me (1) yew from the date twmaf, the rim and privi r ate, CONDITIMS :he pates ws hsre*o agim ►ollosl general siipmlatiams and »a nat ims: (1) The toom rr adll& as sam as papAblae after *be lads dap. of (2) Uthar Pww ahRU have the rLGkt amend aptam to ammoel mad tsrsanats tbi.s loome and a�reaaae &t for eamd On asmaooaamt of OW d*fw4t of tho other Pte* awthe e:sutMMUO of amaak doroult :fns" a Pwiod caf tbir6gt i30s days aft saeittm mxatioe of snob breams to the cefvAIU=6 PPerW Ot th* in- tentiou of tie O%borpsartjr to a msool =4 tar to the ]sass and TA44" shall hava, the, riloa to l OW Md all soloduled rAgb" Proild" fomr in this contrsat by CATIng Witt" mottos to tats "rPort »fir of the City of aarpus awlsti, Tsxee. Landitc aherva for each 40 nisi so oww*U*d oboll absto from the r1rst &W or the =Lvt vuaosediv4 OsIAWhr 2100th &rt r swh mxetios. 2% time wart *f rsmnma Uen of o6bo6de saga latsrdit char e sb ll be resumed cmi the :Firs dW of tbo amslsmdAr amtih in vkl0h 8Wh eah±m do (3) loose mamW sa=" tbis loom mmd 900401010k in 14020 axe 10 shier prior to ar NUUA*VMS*t to 011e OWAM maaamremmt Of them iomye hem**" on time b&PPQa%ift of mW of time f#UojAg covAtaiowe ,dmmmm the snot trove mmot boo brought about by a br"vh of good f"th an the park of I&ssss diuwotly tanwsd Y.toaerm (d) The inability of Losses to use the promises and facilities continuing for a longer period than thir%r (30) days doe to =W order, rule or regulation of any proper governaeatal authority having jurisdiction over Lewes or the conduct of its buaiasss. 4. Lessor any cancel this loses and agreaaeat in whole or in part either prior to or subsequent to the termination hervsof on the happening of a w of the following conditionst (a) The refusal of or the withdrawal by Civil Aeronautics Hoard or other proper government agency of the right of Lessoo to operate into and from said municipal airport. (b) Arq action of the Civil Aeronautics Board, Civil Aeronautics Administrator, or other proper governmental agency refusing to permit said Lessee to operate into, from or through the said awni.cipal airport such aircraft as Lessee say reasonably desire to operate thereto and therefrom. (c) The breach by Lessee of any obligation imposed herein oa the Lessee. V CHAMOH rl AId ORTS In the event Lessor should discontinue the operation of the airport now known as Cuff ftus Airport for use as a maunicipal airport and operate some other airport as a municipal airport, this lease shall continue in effect as though made originally concerning said now airport, prcvidsd, however, that the schedule of rates for landing charges shall be corrected son as to conform to the schedule of rates provided for similar operations at said now airport. VI ASSIOUBILITY AND DISI&VATIOd OF AtildNT Lasses shall not at any time assign this lease, or any part thereof, without the consent in writing of Lessors Provided, however, that without such consent Lasses main assign this lease to =W corporation with which the Lease Say morge or oonsulidate or which Say succeed to the business of the Lessee. Lessee shall by written notice to Lessor das£gnste was person as its agent on whoa all ccasannications, notions, or demands on the part of the Lessor may be served, which agent shall be located within Musses County, Tana, or within two hundred (200) miles therefrom, and said written designation shall give the correct mailing address of said agent. In the absence of any designa- tion the Secretary of the Chamber of Commerce of the City of Corpus Christi, Texas, shall be considered as having born designated by Lessee as its agent. v VaTH ffl3j 3H a-Law, the parties hereto have 0-1 ad this ln&Ulu- ment to be wmutod in quadruplicate by their &Aly Outhorized officers the day &d 7w first abovo witten. enry ce cmvs ems'T', T city Va"ger AIR 'vx;, M. BY_ L)NSXE, ATTESTS a9—.131,9araj9 � AkiliViiM, AS TO LZ&L IMM: TZ SRATS OF T" S TSS STATE OF =AS cac appm2"4 — or ow=w. T SECTION II. The necessity of deriving revenue from our municipal airport facilities creates a public emergency and i- perative public necessity requiring that the Charter rule which provides that no ordinance or resolution shall be passed finally on the day 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 emergency and necessity exist, requesting that such Charter rule be suspended and this ordinance be passed finally on the day 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 7th day of March, A.D. 1950. Kakybie PRO TEM TT The City of Corpus Christi, Texas City Secre ary APPROVED AS TO GAL FORMt Cit7 Attorn Corpus Christi; Texas 1949 TO ME UMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going 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 ordinanoe finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, z72-D ity of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman �c Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman a.f Jack DeForrest Barney Cott Sydney E. Herndon] George L. Lowman z72-D