HomeMy WebLinkAbout03281 ORD - 06/17/1952.�. IMSINGER•GP
6/16,1952'(5) - 'T
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY TO EXECUTE A STATION LEASE AND
OPERATIONS AGREEMENT WITH EASTERN AIR LINES FOR USE
OF FACILITIES AT CLIFF MAUS AIRPORT FOR A PERIOD OF
4 FIVE YEARS FOR THE CONSIDERATION AND UNDER THE TERMS
AND CONDITIONS OF SAID AGREEMENT, 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 BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE ,
A STATION LEASE AND OPERATIONS AGREEMENT WITH EASTERN AIR LINES FOR USE
OF FACILITIES AT CLIFF MAUS MUNICIPAL AIRPORT FOR A PERIOD OF FIVE YEARS,
FOR THE CONSIDERATION AND UNDER THE TERMS AND CONDITIONS OF SAID AGREEMENT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY FOR PROVIDING ADEQUATE COMMERCIAL
AIRLINE SERVICES FOR THE CITIZENS OF THE CITY OF CORPUS CHRISTI CREATES
A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS-
PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASS-
ED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESO-
LUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED
THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINAL-
LY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED
THIS THE AY OF .JUNE, A.D. 1952.
MAYOR
TTESTED: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY
APPR VED AST LEGAL FORM:
CITY ` TOR EY
J
Corpus Christi, Texas
/ 195)--
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,
Respectfully,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by
the following vote:
Leslie Wasserman
Jack DeForrest
Q
Sydney E. Herndon_
George L. Lowman
Frank E. Williamson_
The above ordinance was passed by the following vote:
Leslie Wasserman
T
Jack DeForrest
Sydney E. Herndon
George L. L, Lowman
Frank E. Williamson
PAN f () STATION LEASE AND OPERATIONS AGREENP34T
1952
This lease and agreement made and entered into this
day of , 1952, by and between
the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation,
owning and operating Cliff Maus Airport, located in Nueces
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 Delaware, engaged in
transporting passengers, property, and United States mail by
air, hereinafter called Lessee, Witnesseth:
I
TEMINAL BUILDING SPACE AND FACILITIES
Lessor does hereby, for the term of five (5) years,
beginning 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 Sixty -two (462)
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 space for the installation 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, 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
charger; 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 adminidtration building a lobby or waiting room,
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adjacent to such office 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
aids, radio control tower and lighting services, as to
conform to the recommendations of governmental agencies,
either Federal or State, having jurisdiction of such matters,
and so maintain all of such facilities and landing field at
said airport that said airport may be continued to be approved
and recognized by such governmental agencies as an airport
at Corpus Christi, Texas, subject to be used by commercial
transport aircraft such as may be operated by Lessee, and
Lessor will furnish Lessee the.use of said facilities for
landing, take -off and directing flights by day and night,
and shall supply all lighting facilities and service sufficient
for landing and take -offs at night, subject to the provisions
herein contained.
RENTAL
b'or the office space so leased and the facilities so to
be furnished, except those for which provision is otherwise
herein specifically made, the Lessee agrees to pay to the
Lessor Eight Hundred Eight Dollars and Fifty Cents ($80$.50)
per annum in equal monthly installments of Sixty -seven Dollars
Thirty -seven Cents ($6707) each, and it is further stipulated
and agreed that Lessee may, from time to time, if and when
the same may be available, have additional office space in
said Terminal Building for such period of time as the same
may be needed, during the period of this lease, upon notifying
Lessor of its requirements, and shall pay to the Lessor for
any such additional space promptly while the same is used by
the Lessee at the rate of one Dollar Seventy -five Cents ($1.75)
per square foot per annum.. Lessee shall not be charged for
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any space or facilities furnished directly by Lessor to any
governmental agency.
NEW AAMINISTRATION BUILDING
Lessee agrees that Lessor has reserved and does hereby
reserve the right to build at any time during the term of
this lease a new permanent administration building, and, when
so done, to abandon or put to other use Lessee's exclusive
space in the present terminal building. If and when such
new permanent administration building is constructed on said
airport, the parties hereto agree that Lessee shall be
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 space in the present terminal building shall there-
upon automatically terminate.
LESSEVS FIXTURES AND EQITIPPXNT
It is agreed and understood by-the parties that the
Lessee shall have the privilege of installing in the space so
leased and used by it such fixtures and equipment, including
radio equipment, except 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 Lessor; provided, however, that
Lessee shall repair in a workmanlike manner any damage caused
by any such removal.
II
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 referred to as the landing field, for the landing
and take -off of its planes on scheduled flights and such
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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 provided therefor at the entrance to the Terminal
Building from the landing field, and further grants to
Lessee 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 lending 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.
LANDING CHARGES
For these grants and privileges, Lessee agrees to pay
Lessor, monthly, One Hundred Dollars ($100.00) for Lessee's
first schedule, Seventy -five Dollars (075.00) for Lessee's
second schedule, Fifty Dollars ($50.00) for Lessee's third
schedule, and Twenty -five Dollars ($25.00) for Lessee's each
additional schedule operated to and from said airport, except
that when 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'a 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 timetable 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 determining 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 airport; provided,
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 computa-
tion as Lessee's last schedule.
The foregoing landing charges shall apply to all
schedules which shall be flown with types of aircraft, the
approved maximum landing 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 same as set forth
above, increased by One Dollar (41.00) for each 1,000 pounds
of approved maximum landing weight in excess of 25,000 pounds.
In computing such charges, amounts of 500 pounds or less shall
be disregarded and amounts over 500 pounds shall be deemed
,to be 1,000 pounds. The term "approved 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 permit said airport, runways
and landing facilities to get into such condition, because
of failure to maintain the same or make repairs or replace -
ments, or because 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.
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FUELING OF AIRCRAFT
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 installing fuel
storage facilities, pumps, and other such fuel dispensing
equipment and personnel as may be necessary to provide Lessee's
aircraft with fuel and oil.
LIMITATION OF LIABILITY OF LESSOR
`yhe Lessee agrees to hold harmless the Lessor of, from
or on account of any loss 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
GENERAL COMITIONS
The parties hereto agree to the following general stipu-
lations and conditions:
(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 10 Rockefeller Plaza, New York 20, New York,
an itemized statement of the amount due to Lessor on account
of the several parts of this agreement, and Lessee will, on
or before ten days after the receipt of such statement, pay
the amount due to the Lessor at Corpus Christi, Texas, and to
secure the payment of any 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 air-
port.
(2) Either 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 period of thirty (30) days after written
notice of such breach to the defaulting party of the intention
of the other party to cancel and terminate the lease and
agreement.
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it
(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 of any of
the following conditions, when the same have not been brought
about by a breach of good faith on the part of Lessee directly
toward Lessor:
(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 Pederal
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 dispatch-
ing of the United States air mail.
(d) The issuance by any court of proper jurisdiction
of any injunction, order or decree preventing or
restricting in any 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 refusing 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 continuing for a longer period than
thirty (30) days due to any order, rule or regula-
tion of any proper governmental authority having
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jurisdiction over Lessee or the conduct of its
business.
(j+) 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 destruc-
tion 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 business
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 exercise of the foregoing 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.
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 Lesseets choice, to make agreements,
with any person or company of Lessee's choice, for work to be
done for Lessee; 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 regular course of business.
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LESSEE SHALL HAVE THE RIGHT TO DESIGNATE THE CARRIER OR CARRIERS WHO SHALL
OR MAY REGULARLY TRANSPORT LESSEE'$ PASSENGERS AND CARGO TO AND FROM THE AIRPORT.
LESSOR SHALL GRANT FREE AND UNRESTRICTED ACCESS INGRESS AND EGRESS FOR LESSEE'S
PASSENGERS EMPLOYEES AND INVITEES AND THEIR PROPERTY WITH RESPECT TO THOSE POR-
TIONS OF THE FIELD AND TERMINAL BUILDING WHERE SUCH PERSONS AND PROPERTY ARE RE-
OU$RED OR PERMITTED TO BE FOR PURPOSES CONTEMPLATED I'll THIS AGREEMENT.
NO RENTALS, FEES, TAXES OR OTHER CHARGES? EXCEPT THOSE HEREIN EXPRESSLY'PRO-
VIDEOS SHALL DE CHARGED AGAINST OR COLLECTED FROM DIRECTLY OR INDIRECTLYX THE
LESSEE OR ANY OTHER PERSONS FOR ANY OF THE PREMISES, FACILITIES$ RIGHTS LICENSES
AND PRIVILEGES GRANTED IN THIS LEASE.
COVENANT NOT TO GRANT MORE FAVORABLE TERMS
LESSOR COVENANT AND AGREES NOT i0 ENTER INTO ANY LEASE, CONTRACT OR AGREE-
MENT 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 SCHEDUL-
ED 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 LESSEE.
MUTUAL COOPERATION IN AIRPORT IMPROVEMENT PROJECT
THIS LEASE 13 MADE WITH ALL PARTIES HAVING IN MIND THE MASTER PLAN FOR DE-
VELOPMENT AND IMPROVEMENT OF CLIFF MAUS MUNICIPAL AIRPORTS AND EACH WILL COOPERATE
WITH THE OTHER IN CARRYING OUT SAID PLANS TO THE FULLEST EXTENT. NO IMPAIRMENT
OF use OF BUILDINGS BY NOV INo, 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 LESSORS EXCEPT THAT RENTAL SHALL BE ABATED PROPORTION-
ATELY TO ANY UNTENANTABILITY.
ASSIGNABILITY
LE33EE SHALL NOT AT ANY TIME ASSIGN 'THIS LEASE, OR ANY AART THEREOF, WITH-
OUT SHE CONSENT IN WRITING OF LESSOR; PROVIDEDS HOWEVER, THAT WITHOUT SUCH CON-
SENT LE48EE MAY ASSIGN THIS LEASE TO ANY CORPORATION WITH WHICH THE LESSEE MAY
MERGE OR CONSOLIDATE OR WHICH MAY SUCCEED TO THE BUSINESS OF THE LESSEE, OR MAY
SUBLET ANY OF THE SPACE LEASED EXCLUSIVELY TO THE LE53EE HEREUNDER.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS IN-
STRUMENT TO BE EXECUTED IN TRIPLICATE BY THEIR DULY AUTHORIZED
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officers the day and year first above written.
ATTEST;
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
LESSOR
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
EASTErRIR LINES,' INC.
By ` viP� ---
ce Pres ident
LESLIE P. ARNOW LESSEE
VICE PRESIOENT
ATTEST:
G,jy} ecret y
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