HomeMy WebLinkAbout16849 ORD - 02/03/1982TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT
USE AGREEMENT WITH EAGLE COMMUTER AIRLINES, INC.,
OF BROWNWOOD, TEXAS, ON A MONTH-TO-MONTH BASIS UNTIL
THE LEASES ARE CONSUMMATED WITH ALL USER AIRLINES,
AT A LANDING FEE OF 66-i¢ PER THOUSAND POUNDS, ALL
AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute an airfield use agreement with Eagle Commuter Airlines, Inc., of Brownwood,
Texas, on a month-to-month basis until the leases are consummated with all user
airlines, at a landing fee of 66-1¢ per thousand pounds, all as more fully set forth in
the lease agreement, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "A."
SECTION 2. The necessity to authorize execution of the aforesaid
lease agreement in order that the airline may commence operations out of the Corpus
Christi International Airport at the earliest practicable date 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 but that
such ordinance or resolution shall be read at three several meetings, and the Mayor
or Council Members, having declared that such emergency and necessity exist, having
requested the suspension of the Charter rule and that this ordinance be passed finally
on the date of its introduction and take effect and be in full forc and effect from
and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 14.0047 day of
February, 1982.
ATTEST:
tfOl'fiC7?Y' Secretary
APPROVED:
DAY OF FEBRUARY, 1982:
J. BRUCE AYCOCK, CITY ATTORNEY
By
THE CITY OF CORPUS CHRISTI, TEXAS
16849
MICROFILMED
SEP 2819,84
Np,,,t7.rW!Eu
THE STATE OF TEXAS i
COUNTY OF- NUECES
This Lease Agreement, made and entered into this the day of
., by and between the City of Corpus Christi,
acting herein by and through its City Manager, with authority duly conferred
by the City Council, a municipal corporation, organized and existing under
the laws. of the State of Texas, situated in Nixon County, Texas, hereinafter
referred to sometimes as LESSOR, and EAGLE COMMUTER AIRLINE, INCIterein,!fte'r.
som-tin-es referred to as LESSEE,
W 1.THESSETH:
ARTICLE I
PREMISES
Lessor, as sponsor and owner of the Corpus Christi -International idrt,
located in nueces County, Texas, doesberch.C.,, fer.the uses and PurPesca and
fnr the consideration as hereinafter stated, demise and let unto Lessee,
lessee does hereby hire and take from Lessor, the following prer,ises ene,
tr;thout limiting the generality hereof, the following rights,
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mocnses and privileges on and in connection with the isirport, as more Ferti::-
ularly.hcreinafter :,et forth:
A. Use of -Airport. The use by Lessee, its employees, passengers,
patrons and invitees, in common with other duly authorized users
the public portions of said Airport and appurtenances, t.::e same being vire
particularly described in diagram marked 'Exhibit A", attached hereto and r:adc/'
a part hereof for svire particular reference, tor,ether ,iith all facilitie:,
improverients, equipment and services which have been or :..ay he hereafter
r.rovided for common use at or in connection with said Airport.
n. .Sneeific Pichts at Ali:port: in addition to all rihts elsewhere
nranted in this agreer:ent, the Lessee shall have the right to Ilse the Pirport
for the following specific purposes:
(1) The operation of a transportation syste:1 by aircraft for the
carriage of property, including ell.activities reasonbly necessary to such
operation, hereinaP.er refurred to as "air transportatien";
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(2) The landing, taking off, loading, unloading, repairing, main-
taining, conzfitioning, servicing, parking, storing and testing of aircraft
or other egoioment including the use of a reasonable amoont of conveniently
located ramp area which Lessor will keep in good repair, and locations to
be motually agreed upon, adequate storage facilities for gasoline, oil,
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'greases and other fuel or supplies, at convenient locations, in accordance
with insurance undereiritersstandards, together with the necessary pipes,
pumps. motors, filters and other appurtenances incidental to the use thereof;
su:h structures and appurtenances to be and remain the 'severable p-rOperty of
Lessee;
(3) .The documentation of shipments and the loadino and unloading
cf cargo and property at said Airport by such motor vehicles or other means
of conveyance as Lessee may desire or require in the operation of its air
transportation system, with the right to designate the particular &.rrier cr .
carriers who shall or ray re.jularly transport Lessee's property an cargo to
an from the Airpo,-t, provided, however, that nothing contained herein s'h.all
prevent the City from granting the franchise or franchises for lirousine
servico;
(4) The purchase at said Airport of Lessee's requirements of
line, fuel, lubricaLing oil, grease, food and other oopplie-c, and any other
materials and supplies from any person or company of Lessr.!e's choice, and tno
making of agreements with any person or company of Lessee's choice for work
to be done for Lessee;
(5) The installation and operation of identifying signs on the
leased premises, the general type and design of such signs to be subject to
the approval.of the Airport Nanager, such approval not to be arbitrarily
withheld;
(5) The inotallation, maintenance and operation of such radio, com-
munication, metcorologic:1 and aerial navigation equipment and facilities in,
on an;i about the pr:1:lis2s Le-uin leased and said Airport as way be nocessary
Lr ccnvnn'.ent ::pircicn of tbe Lessee for its cperaLions; provi-2ed tha::
the location'of such equip.r.ent ard facilities as mig'rt interfere with full
end proper use of the Airport ;hall be subject to the approval of the
Manager, such approval not to he arbitrarily withheld;
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The rigts, licenses and privileges granted the Lessee under this
Article I with respect to the performance of ground services and activities
in connection with its air transportation operations at the Airport ray be
exerdsed ty the Lessee for end on behalf of the Lessre by any company or
person desinnated by Lessee.
C. Space in Terminal Cuildinn. The right to sublease space from oth-.:r
air transport operators holding current leases on Terminal Building spaces
is hereby granted for such uses as Lessee may desire to rake thereof in con-
nection with cr inddental to its operation of an air transportation systnm.
The Lessee shall have the right and option at any time and fro,s time to time
during the tdno hereof and of any extension or renewal, to lease for the
exclusive use of itself or of any air transport company subsidiary to or
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affiliated With it, any addi:ional space at the Airport not necessary to the
Lessor's operation of the Airport and at the tine not leased to others, whetnur
such space is adjacent to the.space leased hereunder or otherwise, together
with any or all rights, facilities, licenses, and privileges appurtenant tG
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such speCe and to the Airport, upon the same general terms and conditions
as arc herein esta5lish,ad.
D. Pallking S,,ace. The use by Lessee.and its employees. in comcon only
with the other air tranyport operators who may be lessc!-:, of space at the
Airport and their erployees, of adequate vehicular parking space located as
as possible to said Terminal Building. A charge per month per
ewployee may be made for the use of this space. The charge will be levied
only in the event that additional parking space must be built to acummodate
employees' vehicles.
E. Rieht of Access, Inaress and Egress. The full and unrestricted
rights of access, ingress and egress with respect to the premises outlined
in paragraphs A to 9 above, for Lessee, its employees, passengers, guests,
patrons, invitees, suppliers of materials and furnishers of service, its
cr their aircraft, equipment, vehicles, machinery and ether property, subjct
to Airport. security regulations, without charge to Lcss,n. or to said pers,ns
or property.
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ARTICLE II.
Lessee shall have and hold said premises, facilities, rights, license.,
and privilegc•:. set forth in paragraphs A to E inclusiv-2, of Article I, for d
ter:: roe on theI_Jay. of, 19 , on a month to wonth
!.asis, and c3ntinuino until such term or agreements are reached with all ceo-
tract carriers setting forth fees and terms, unless sooner terminated
hereinafter nrovided.
ARTICLE III
QUIET ENJOYMENT
Lessor represents that it has the right to lease said property and
appurtenances together with all the facilities, rights, licenses and privi-
leees herein granted, and has full power and authority to enter into this
lease in respect thereof; and covenants that upon perfor7.ance of the Agree -
on the port of Lessee to he performed hereunder, 1essce shall proe,lbiy
haee and enjoy said pre:lises, appurtenances, f,:cilities, rights, liceosc:;
and privileges.
ARTICLE IV
DEVELOPNENT, MAINTEULACE AND OPERATION OF r:I9P9R7
Lessor agrees that it will develop and impro,".,e, and at all tires m.lintain
and operate with ad-:euate and efficient personnel and keep in good rop;r
said Airport and Terminal Building, and the appurtenances, facilities arid
services now or hereafter connected therewith, and keep said Airport and its
aroaches free fre:a cbstruction, congestion and interference for .the safe.
eunvenient and proe.er use thereof by Lessee, and will r.antain and operate
said Airport so as to entitle it to the approved rating by the Federal A..;iation
le-..ency and ail other apprepriate regulatory authorities in respect to all
present and future operations of Lessee. Lessor shall provide adequate il lu--
=illation for the loading rap area adjacent to the Teminal Building with
minimum of three foot candles at a distance of 75 feet from the ramp fence
liner
It is'expressly understood that the Lessor will keep the public space
in the Terminal Building attractivel; furnished, and will provide and supply
adequate light, electricitY and water for the public space; heat during cold
weather and air conditioning during wana weather sufficient to keep the
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!.uildiug at a reasonable temperature; janitors and other cleaners necessary
to keep the Arpert and all spaces in the Terminal Building at. all times
clean, neat, erderly, sanitary and presentable; such personnel as may be
necessary se facilitate the..use of the Airport and Terminal Building and
the appurtenances, facilities and services as aforesaid by any one hereunder
entitled to use the same.
Lessor agrees that it will provide domestic water, mechanical equipment
and piping necessary for cooling and heating Terminal Building space together
with the necessary hot and cold water to air-condition and heat said space.
ARTICLE V
. RULES AUD REGULATIONS
Lessee covenants and agrees to observe and obey all reasonable and law-
ful rules and regulations, not in conflict with the provisicns hereof, .ahich
from ti:' e to time during the term,hereofrbe pro=u1::a1ed and enforced tv
for.operation et sad Airport.
ARTICLE VI
RENTALS AND FEES
Lcssee agrees t pay Lessor for the use of all the premises, facilitie:,
rights, licenses and privileges granted hereunder, the following rentals.
fees and chars:
1. S4.50 per montL'for each exclusive Public Address micro-
phone located in Lessee's space. . •
2. S4.50 per month for each intercommunication instrument
located in Lessee's space. In the event that it becomes
mutually agreeable to install an intercommunication
system hy the Southwestern Bell Telephone Company, so
that the intercommunication system is not provided by
Lessor, then this charge shall not be made.
3. Lessee agrees to pay a flat rate for electrical energy
consumed for its exclusive use based on actual cost to
Lessor. . .
4. Lessee may from time to time rent space on the airfield
upon terms mutually agreed upon between the parties and
at such locations as may be mutually agreed upon, for
the location of shopIspace.
5, Baggage Claim -- The fee for the baggage claim area shall be
at the then current rate and shall be paid jointly by the
Lessee and other certified carriers holding valid leases
with the City for the use of International Airport facilities
in accordance with the following formula:
Twenty percent of the rent will be shared equally. The ---
remaining eighty percent will be paid according to Lessee's
enplaning passengers divided by the total passengers enplaned._____I-
by all air carrier lessees then multipled by eighty percent
of the annual rate for said baggage claim area. The baggage
claim area rent will be calculated monthly and paid in the
same manner as all other rents and fees.
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Lee may from tire to time lease space for the storage
cf fuels and propellants at a mutually agreed upon loca-
tion on the airfield, upon terms and conditions mutually
agreed upon between the parties.
Landing fees paid by Lessee will be 66 1/2 cents per
1,000 pounds certified gross landing weight.
The above listed rentals and fees shall become due and payable on a
monthly basis. Pirsents sEall be made to the Airport reneger or to such
other agency of the City as may be Specifically deSisnated in'Writing by
the Lessor. The foregoing payments shall be made on or before the 15th day
of the calendar month next succeeding that for which payment is being made;
.provided that in no case will said amount be payable:until ten (1O)days
after receipt by the Lessee of a. written bill therefor from Lessor; and
provided that Lessee shall not be required to pay inj-espect to any time or
ti7ies during which the facilities and privileges of :aid Airport and premises
not measure' up Cr conform to the standard set in this agreement, or are
,---1,n.11 for other reascns usable by.the Lessee in all its aid operation: 2nd
husiness. Paynts shall.be prorated for any portion'of a calendar renth
the cr;z7w:ncemEnt al.:1 ter.:ivation of this agreemen....
.ARTICLE Vil
CHA2qi, rr.s OR Az;
Nlyentals, fess., licee:e, excise or operating taze,.., tolls or Gth,."::
cbar.,;es, except th..:se herein expre:sly provided, shall ci:arsed asainst
er.cell.ected from, firectly or indirectly, the Lessee or any ether.person
engaged in supplyin:; LeS5C2, for the privileges of huy:, selling, Using,
storin3, withdrawins, bandling, consuming or transportin: materials or oths:r
supplies to, from or on the Airport; -of making or perfor.-:ing a.greements for
work, materials, er services at the Airport; of transporting, loading, un-'
loadins or handling cargo or pi-Tiperty to, from or on said Airport; or for
any other of the premises, facilities, rights, licenses, and privileses in
this.lease.
Nothing contai:,ed herein, however, shall prohibit the Lessor from ren:--
ing space for or cbarging a. reasonable fee to a catering service providing
food prepared on the Airport, or from granting franchises for the operation .
of limousine and taxicab and rent -a -car services or &cm charging a flotiage
fee to operators vending fuels and lubricants on the Airport, provided that
no such flewace fee will' be charged for fuels and lubricants delivered into
Lessee's aircraft at the Airport.
This provision is not to limit the right of Lessor to license or tax in
a general or nondiscriminatory way any office or business operation located
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or cOnducted outsic ! the boundaries of the Airport and within the corporate -
limits of Lesser; and it isnotto limit Lessor's right to impose general -
and condiscrimicatory ad valorem taxation on personal or real property having- -
a taxable situs within the corporate limits of Lessor. If any taxes other
than ad valorempr ;eneral sales taxes are paid by Le5SCrY as a result of its .
cparation, the fees and charges in Article VII .hereof shall be diminished in
li%e amounts.
ARTICLE VIII
DAMAGE OR DESTRUCTION OF LEASED PREMISEf;:
If any Property, part or all of which is leased to Lessee, shall be
partially damaged or wholly destroyed by fire or other casualty,.Lesscr at
its own cost and exsonse shall repair or reconstruct the same with due dili-
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gence and within a reasunable_time; and Lessee's rentals and other chsrg.—.'
with'respect to said property shall be proportionately ahated from the happen-
ing of such damage or destructien until such time as the premises shall be
put in order.
• ARTICLE IX
CANCELLATION BY LESSOR
In the event that Lessee shall file a voluntary petition in bankruptcy
or that proceeding in bankruptcy shall be instituted against it and Lessee ••
is thereafter adjudicated bankrupt pursuant to such proceedings, or that'the
court shall take jurisdiction of Lessee and its assets pursuant to proceedings
,-Jrought under the provisions of any Federal reorganization act, or that a
receiver of LCSSOeS assets shall be appointed, or that Lessee shall be
divested of, or be prevented hy any final action of any Federal or State - --------
authority from conducting and operating its transportation system for the I!
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carriage of cargo and property by aircraft at the Airport, or in U' event
tht LessDe shall fail te perform, keep and observe any of the terms, coven;:ni:
or conditior.s herein contained on the part of the Lessce to be performed, kept
or observed; and any.such condition or default shall continue for thir7ty (33)
days after the receipt of Written notice from Lessor to correct such conditicn
or cure such. default, prior to the correction or of curing of such condition
or default, if applicable, terminate this lease by a twFtnty (20) day written
notice; and the term hereby demised shall thereupon ccase and expire at Ili,:
end of such twenty (20) days in the same manner and to the same effect as if
were.the expiration of the original term.
ARTICLE X
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- CANCELLATION BY LESSEE:
Lessee, in addition to any right cf cancellation or any other right
Lerf.in given to LCSLQC, may Suspend or'cancel-thiS. lease in its entirety cr
suspend or terminate all cr. any of its obligations hereunder at any to'
hy thirty (30) dayswritten notice, upon or after the happening Of any one
cf the following events:
A.- The suspension or termination of Lessee's Certificate of Public
Convenience'and Necessity.
B. Any failure or refusal by the Texas Aeronautics Commission to
< :mit Lessee to operate into, from or through said Airport such aircraft
as Lessee may reasonably desire so to operate;
C. The breach by Lessor of any of the covenants or Egreements herein
contained and the fail::re of Lessor to remedy. such breach for a period of•
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thirty (30) days after receipt of a written notice of the Existence of such
breach;
0. The inability of Lessee to use said premises and facilities contin-
uing for a longer period than thirty (30) days whether due to any law or
order, yule or regulation of any appropriate governmental authority having
jurisdiction over the premises or the operation of Lossee or due to war,
earthquake or other casualty:
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In the :!ve:t thet the Lessee shall suspend this lease or any Gf its
obligations, as herein provided, Lessee shall have the further rht, dtirin3
such suspension, to cancel this lease or any of its obligations by givin
Lesser thirty (30) days' written notice of such cancellatipl at any
prior to terx.inatien of the condition or event which c.ave rise to the s.Jspen-
' sion; and, if Lessee does not so cancel, such suspension shall termi:lale
sixty (60) days after termination of such condition or event and written
no:ice thereof from Lessor to Lessee. The period of an.' suspension of this
in its entirety shall be added to the term of this lease or any renewal
or extension thert;of.
ARTICLE XI
NONWAIVER OF RIGHTS
Continued performance by either party pursuant to the terms of this
z.t.weeent after a default of any of the terms, covenant; and condition;
herein contained to be performed, kept or observed by the other party shali
not be deemed a waiver of any right to cancel this lease for such default,
and no waiver of any such. default shall be construed or act as a waiver of
any subsequent default.
ARTICLE XII
SURRENDER OF POSSESSION
Lessee agrees to yield and deliver to Lessor possession of the premises
kased herein at the termination of this lease, by expiration or otherdise,
or of any renewal or extension hereof, in good condition in accordance with
it; express cbligaLiOns hereunder, except for reasonable wear and tear,.fire
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or other casualty, and Lessee shall have the right at any time during said
term, or any'renewal or extension hereof, and for ninety (90) days after the
termination hereof, to remove any buildings, structures, or facilities it
may erect or install on the premises and to re:r.ove all fixtures and equip:ent
and other property installed or placed by it.at its expense, in, on or about
the premises herein leased; subject, however, to any valid lien which Lessor
n,y have thereon for unpaid rents cr fees.
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ARTICLE XIII
ASSIGHMFAT OF LUSE
Lessee.shall not at any time assign this lease or any part thereof with-
out the consent in writing of Lessor; provided, however, that without such
consent Lessee ray assigfi this lease to any corporation with which the Lessee
may merge or consolidate or which may succeed to the business of this Lessee,
or may sublet any of the space leased exclusively to the Lessee hereunder.
ARTICLE XIV
IHDEMNiFICATIOU
The Lessee; under the terms of this agreement, will not be in control
or possession of said Airport and Lessee dces not assume responsibility for -
. the condu-ct cr eperation of the said Airport or for the physical or other
conditions of the same. However, it is expressly understood and agreed by
- and between the parties hereto that the Lessee is and shall be an indnpendent
contractor and operator, responsibre to afl parties, for all of its act.; cr
emissions and the Lessor shall in no way be responsible therefor.
further_agreedthat in its use and enjoyment of the field, premises aty;
facilities herein referred to, the Lessee will indemnify and save harmless
the Lessor from any and all claims or losses that may proximately result to
the Lessorfrom any negligence on the part of the Lessee, its duly author:2°d.
agents or emp1oye-2s, and shall in all ways hold the Lessor harmless frcm
sire, provided the Lessor shall give to the Lessee prempt notice of any
claim, damage or loss, or action in respect thereto, and an opportunity
seasonably to investigate and defend against any claim or action based upon .
alleged neglieent conduct of the Lessee or its duly authorized,agents or
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'ARTICLE XV
yoricEs
Notices to the Lessor provided for herein shall be sufficient.if sent by
registered mail, postage prepaid, addressed to:
Airport Manager
Route 2; Box 902
Corpus Christi, Texas 78410
:id notices to the Lessee:. if sent by registered mai!, postage prepaid,
• dressed to tesee,
, or Lo suc!!
other resp,Ntive addresses as the parties may designate in writing from
to time.
ARTICLE XVI
COVENANT nor 70 GRANT MORE FAVORABLE TERMS
Lessor covenants and agrees not to enter into any lease, contract or
agreement•with any other .air transport operator with respect to the Airport
containing more favorable terms than this lease or to grant to any other .
air transport operator rights, privileges or concessions with respect to the
said Airport which are not accorded to the Lessee herE,onder unless the same
terms, riohts, privileges and concessions are concurrently made available to
the Lessee.
ARTICLOVII, -
.FEDERAL AVIATION ADMINISTPATION
Whenever -the term "Federal Aviation Admioistratibn" is used in.this
lease,.it shall be construed as referring to the Federal Aviatien Adminint:
tien created by the Federal Government originally as th2 Civil Aeronautics
Authority under the Civil Aeronautics Act of 1938, or to such other agency
or agencies of the Federal Government having from time.to time similar juris-
diction over the.Lessee or its business.
ARTICLE XVIII'
HEADINGS
The article and paragraph headings are inserted only as a matter of
convenience arid for reference and in no way define, limit or describe the
scone or intent of any provision of this lease.
• - ARTICLE XIX
INVALID. PROVISION
It is further expressly understood and agreed by and between the parties
hereto that in the event any covenant, condition or provision herein contained
is held to be invalid by any coort of competent jurisdiction, or othenvise
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appears to both parties to be invalid, the invalidity of any such
covenant, condition or provision shall in no way affect any other
covenant, condition or provision herein contained; provided, however,
that the invalidity of any such covenant, condition or provision does
not materially prejudice either the Lessor or the Lessee in its
respective rights and obligations contained in the valid covenants,
conditions or provisions of this lease.
ARTICLE XX '
PERFORMANCE'BOND/LETTER OF CREDIT
Lessee agrees to furnish within 15 days from the effective date
of said agreement a performance bond or a. Letter of Credit in the
principal amount of $1200. This performance bond or letter of credit
shall guarantee the payment of landing fees, terminal fees, security
charges and 1esse8 other obligations to pay as provided herein. The
performance bond or Letter of Agreement shall be in a form agreeable to
the City Attorney and shall be kept in full force and effect during the
term hereof.
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IN WITNESS WHEREOF, the parties hereto have executed these presents
as of the day and year first above written.
ATTEST: LESSEE:
Secretary
ATTEST:
LESSOR:
CITY
CITY OF CORPUS CHRISTI, TEXAS
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City Secretary
APPROVED:.
" DAY OF ''' 1982: E. Briones
Acting City Manager
J. BRUCE AYCOCK, CITY ATTORNEY
By:"" -" APPROVED:
Assistant City Attorney (Department Head)
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Corpus Christi, T xas
day 0 he .1982--- -
i‘v I
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
.16849