HomeMy WebLinkAbout03278 ORD - 06/03/1952JUNE 3, 1952
AN ORDINANCE ( loo
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY TO EXECUTE A STATION LEASE
AND OPERATIONS AGREEMENT WITH BRANIFF AIRWAYS IN-
CORPORATED, AT CLIF US MUNICIPAL AIRPORT, FOR A
PERIOD OF FIVE YEARS FOR THE CONSIDERATION AND UNDER
THE TERMS AND CONDITIONS SET OUT IN SAID LEASE AGREE-
MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BED AND HE IS HEREBY, ;AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A STATION LEASE AND
OPERATIONS AGREEMENT WITH BRANIFF AIRWAYS, INCORPORATED, AT CLIFF MAUS
MUNICIPAL AIRPORT, FOR A PERIOD OF FIVE YEARS, FOR AND IN CONSIDERATION
OF THE ANNUAL RENTAL OF SEVEN HUNDRED NINETY -ONE DOLLARS, AND OTHER VALV-
ABLE CONSIDERATIONS AND UNDER THE TERMS AND CONDITIONS SET OUT IN SAID LEASE
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY FOR PROVIDING FOR ADEQUATE COMMERCIAL
AIRLINE SERVICES FOR THE CITIZENS OF THE CITY OF CORPUS CHRISTI CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION
OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED' FINALLY
ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL
BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DE-
CLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPEN-
SION OF SAID CHARTER RULE 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 PASSAGES IT IS ACCORDINGLY PASSED AND APPROVED THIS THE
DAY OF JUNES A.D. 1952.
A TESTED:
CITY SECRETARY
APPROVED AS.TQ LEGAL FORM:
CITY ATTORNEY
MAYOR
THE CITY Or CORPUS CHRISTI, TEXAS
s
Corpus Christi, Texas
19 a�
G'
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 suspen-
sion 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.
Respec fully,
YOR
City of Corpus Christi, Texas
The,.Charter rule was suspended by the following vote: r
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon T
George L. Lowman
Frank E. Williamson
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon
George L. Lowman V
Frank E. Williamson u�
Sal �
STATION LEASE AND OPERATIONS AGREMST
This lease and agreement made and entered into this
day of , 1952, by and between the CITY OF CORPUS CNSISTI,
TEXAS, a municipal corporation, owning and operating Cliff Maus Airport,
located in Nueces 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 pas-
sengers, property, and United States mail by air, hereinafter called
Lessee, Witnessethw
I
TEMNAL BUILDING SPACE AND FACILITIES
Lessor does hereby, for the terns of five (5) gears, be-
ginning on the first day of September, 1952, and ending on the thirty -first
day of August, 1957, demise, lease and let unto Lessee approximately Four
Hundred Fifty -two (4452) square feet of floor space adjacent to the lobby
in the Terminal Building of said airport, as shown on Exhibit 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 apace for the instal-
lation 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,
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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 char-
gerl provided, however, that Lessee shall pay for such additional current
consumed by such equipment.
MAINTENANCE AND OPERATION
Lessor will maintain at said Terminal Building and in any
new administration building a lobby or waiting room, adjacent to such of-
rice 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 aida, radio
control tower and lighting services, ad to conform to the rscoamdations
of governmental agencies, either Federal or State, having jurisdiction of
such matters, and so maintain all of such facilities and lending field at
said airport that said airport may be continued to be approved and rscog-
Aided by mob governmental agencies as an airport at Corpus Christi,
Tetras, subjeet to be used by coaamarcial transport aircraft such as asy
be operated by Leases, and Lessor win famish Lessee the use of said
facilities for landing, take -off and directing flights by day and night,
and shall supply all lighting facilitism and service auffiaient for land-
ing and take -offs at night, subject to tsie previsions herein contained.
.iiUT,+.1
For the office space so leased and the facilities so to
be furnished, except those for which provision is otherwise herein spec-
lflc&lly mane, the Lessee agrees to pay to the Lessor -even Flandred Hinoty-
Y me 'Dollars (4791) per annum in equal moutbly installments of dixty -five
Dollars Minsty -two Cents (665.92) tech, and it is further stipulated and
agreed that Losses may, from time to time, it and When the aurae may be
available, have additional office space in said Terminal Building for such
period of time as the aurae may be needed, during the period of this lease,
upon notity'ing Lessor of its requirements, and aball pay to the lessor for
any such additional spa" promptly while the came is used by the Less" at
the rate of We ,Dollar Seventy -five Cents (61.75) per squats foot per annum.
Lessee shall not be charged for any space or facilities famished directly
by Lessor to wV goyammental agency.
VV @L*7.ti15'ylal ai BVILi} O
Lessee agrees that Lessor has reserved and does hereby
reserve the right to build at any time during the term of this lease a
now permanent administration building, and, when so alone, to abandon or
put to other use Losses, Ia exclusive space in the present terminal build-
ing. if and when such new permanent administration building is construc-
ted'on said airport, the parties hereto agree that 'Lessee shun be
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assigned adequate and comparable exclusive space therein at a rental rate
to be then mutually agreed upon. upon occupancy by Lessee of such space
in such new permanent administration building, its rights and obligations
with-respect to its exclusive apace in the present terminal building shall
thereupon automatically terminate.
LESSEE'S FI)MR S AND YQUIPMENT
It is agreed and understood by the parties that the Les-
see shall have the privilege of installing in the space so leased and
used by it such fixtures and equipment, including radio equipment, oz-
oept such regular transmitter equipment as may 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 any or all of such fixtures and
equipment 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
Lessors provided, however, that Losses shall repair in a workmanlike man-
ner any damage caused by any such removal.
' ZI
USE OF LANDING YIELD AND RAMP
Lessor grants to Lessee, for the period of the lease,
the right and privilege of using the part of said airport commonly refer-
red to as the landing field, for the landing and take -off of its planes
on.echeduled 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 pro-
vided therefor at the entrance to the Terminal Building from the landing
field, and further grants to Lasses the right and privilege to refuel
and otherwise 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 0 ON HARDES
For these grants and privileges, Lessee agrees to pay
Lessor, monthly, One Hundred Dollars (WO.00) for Lessee's first ached-
ule, Seventy -five Dollars ($75.00) for Lesseels second schedules, Fifty
Dollars ($50.00) for Lesseela third schedule, and Twenty -five Dollars
($25:00) for Lessee's each additional schedule operated to and from said
airport, except that v&en the Lessor completes the 1,000 foot extension
to the northwest- southeast runway and the extension is approved by the Civil
Aeronautics Administration for air carrier use, the rate for the Lessee's
fourth schedule and each additional schedule operated to and from said
airport shall be increased to Thirty- -five Dollars (035.00). 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 time-
table of Lessee, as filed with the Civil Aeronautics Board, in effect on
the first day of each calendar month, shall be the sole basis for determin-
ing the number of such schedules and type of aircraft operated during such
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, test flights, sight - seeing
flights, or other unusual flights which Lessee may desire to make from
said airports pro Aded, however, that in the case of a trip scheduled
less often than daily 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 Lessees last
schedule.
The foregoing landing charges shall apply to all sched-
ules which shall be flown with types of aircraft, the approved maximum ]an-
ding weight of which is between 17,500 pounds and 25,000 pounds. With
respect to any schedule on which Lessee operates a type of aircraft having
an approved maximum landing weight in excess of 25,000 pounds, the monthly
fee for that schedule shall be the mama as set forth above, increased by
One Dollar (01.00) for each 1,000 pounds of approved maximum landing weight
—h—
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in excess of 25,000 pounds. In computing such charges,'amounts of Sop pounds
or leas shall be disregarded and amounts over 500 pounds shall be deemed to be
1,000 pounds. The term napproved maximum landing weight" for any aircraft, as
used herein, shall be the maximum landing weight approved by the Civil
Aeronautics Administration for landing such aircraft at the Airport.
In the event Lessor shall pexiai.t sifid airport, runways and
landing facilities to get into such condition,'because of failure to main-
tain the same or make repairs or replacements, or be,4ause of work being done
thereon, that Lessee finds it necessary to restrict its operations 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.
FUELING of AIRCRAFT 4
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 inatalling fuel storage facilities, pumps, and other such fael dis-
pensing equipment and personnel as may be necessary to provide Lessees
aircraft with fuel and oil.
LIMITATION OF LIABILITY OF LESSOR
The Lessee agrees to hold harmless the Lessor of, from or
an account of any lose or damage to aircraft or equipment, or injuries to
employees, of the Lessee at said airport, when the same is not proximately
caused by the negligence of the :Lessor, its agents and servants.
III
oENERAL OWMTIOAS
The parties hereto agree to the following general stipula-
tions and conditionse
(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 Lasses will,
on or before ten days after the receipt of such statement, pay the amount
due to the 'Lessor at Corpus Chriati, Texas, and to secure the payment of
R
W 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.
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(2) Tither 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 per-
iod of thirty (30) days after written notice of such breach to the de-
faulting partyy of the intention of the other party to cancel and'termin-
ate 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 pf any of the following conditions, whan the sane
have not been brought about by.a breach of good faith on the part of
Lessee directly toward Lessort
(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 Post 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 airy
way the use of said municipal airport or any part thereof
for airport purposes.
(e) Any action of the Civil Aeronautics Board, Civil Aeronautics
Administrator, or other proper governmental agency refhsing
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 oonduot of its
business.
(4) In the event the premises occupied by Lessee at
said terminal building become damaged by fire or other casualty, but
not rendered untenantable, same 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 good 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.
ADDITIONAL PROVISIONS
It is understood that because of the nature of the busi-
ness 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 exer-
cise of the foregoing grants and privileges, have priority over others
not engaged in the same business but desiring to use said airport facil-
ities. 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 make agreements, with any person or company of Lessee to
choice, for work to be done for Lesseej and to sell, dispose of or ex-
change 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 car-
go to and from the airport. Lessor shall grant free and unrestricted ac-
case, ingress and egress for Lesseels 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 contemplated in this agreement.
No rentals, fees, taxes or other charges, except those herein
expressly provided, shall be charged against or collected from, directly or in-
directly, the Lessee or any other persons for any of the premises, facilities,
rights, licensee and privileges granted in this lease.
COVENANT NOT TO GRANT MORE FAVORABLE TERMS
Lessor covenants and agrees not -to enter into any 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
Leases.
MUTUAL COOPERATION IN AIRPORT IMPROViT PROJECT
This lease is made with all parties having in mind the master plan
for development and improvement of Cliff Maus Municipal Airport, and each will co-
operate with the other in carrying out said plans to the fullest extent. No impair-
ment of use of buildings by moving, renovation, or improvement of the same nor the
carrying out of any of the said airport plans shall be basis of any claim on the part
of Lessee against the Lessor, except that rental shall be abated proportionately to
any untenantability.
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 business of the Lasses, or may sublet any of
the space leased exclusively to the Lessee hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed in triplicate by their duly authorised officers the day and year
first ibove written.
ATTESTED: "
City Secretary
APPROVER AS TO LEGAL FORM:
City Attorney
yi
•ATTESTEDi
*retary
CITY OF CORPUS CHRISTI, TEAS
By
City Manager
LESSOR
BRANIFF AIRWAYS, INCORPORATED
ecutive Vice President
LESSEE
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