Loading...
HomeMy WebLinkAboutO-1949-372 " e -1 '/\ ...r. - ORDINANCE NO. 372 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF LA PORTE AND THE CITY CLERK TO EXECUTE AND TO AFFIX THE SEAL OF THE CITY TO AN AIR SHOW AGREEMENT BETWEEN THE CITY OF LA PORTE, HOU-PORT AVIATION, INC.', AND HOUSTON INTERNATIONAL AIR SPEEDRUN, A PARTNERSHIP, AT THE LA PORTE MUNICIPAL AIRPORT. ,....--..... WHEREAS, Houston International Air Speedrun, a partner- ship, desires to use the La Porte Municipal Airport for an air speedrun and an air show on July 2nd, 3rd and 4th, of 1949, and WHEREAS, the City and Hou-Port Aviation, Inc. have agreed with the Houston International Air Speedrun upon the terms, con- ditions and agreements of a contract: --- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS: Section 1. That the Mayor and City Clerk 0 f said City e be, and they are hereby, authorized and directed to execute and to affix the seal of the City to the air show contract prociding as follows, to-wit: e "- AIR SHOW AGREEMENT THIS AGREEMENT, made on this the/JJ.(day of a~, A. D. 1949, by and between the CITY OF LaPORTE, TEXAS, hereinaf- ter called "City", acting through its Mayor, purBuant to Ordi- nance adopted by the City Commission, and HOU-PORT AVIATION, INC. hereinafter called "Aviation Corporation", and HOUSTON INTERNA- TIONAL AIR SPEEDRUN, a partnership, hereinafter called "Partner- ship", WIT N E SSE T H: WHEREAS, Partnership proposes to undertake the promotion of an air speedrun and air show, to be held at the La Porte Muni- cipal Airport, for the purpose of creating interest in aviation and to attract persons to the Municipal Airport and thus adver- tise the facilities of Aviation Corporation and the City; and e \'-HEREAS, City and Aviation Corporation will derive bene- fits from such an air show through advertising which Partnership proposes to undertake and through the attraction of persons to the Airport and to the City; NOW, THEREFORE, for and in consideration of the mutual promises and agreements by and between the parties, and the bene- ......-.. . e ..,--.. -2- .e fits to be received by each, it is mutually agreed as follows: I That City and Aviation Corporation hereby agree and grant to Partnership the exclusive right to use all facilities of the Municipal Airport of the City of La Porte, Texas, (except the office and the East hangar) for the purpose of promoting and hold- an air speedrun and air show at said premises on July 2nd, 3rd and 4th of 19490 Said premises shall be leased to Partnership for . such purpose without any money consideration, the consideration on the part of Aviation Corporation being the favorable publicity, advertising and attraction of persons to the Airport and to the community. Partnership shall have access to the Municipal Airport located on the Spencer Highway, Harris County, Texas, from time to time prior to the dates stipulated as may be necessary to erect stands for seating capacity, to establish an air speed course, to erect structures of temporary or permanent nature in order to ac- comodate persons attending the air speedrun and air show and to do such other acts and things as may be necessary or desirable in connection therewith. The cost of such air speed course or im- e provements which Parbnership desires to make shall be at the sole cost and expense of Partnership, and after the speedrun and air show on the dates mentioned, such temporary structures or im- provements shall be removed at the sole cost and expense of Partnership. ,.... --.., II Partnership agrees to establish an air speed course in compliance with the standards set forth by the N.A. A., such course to be of a permanent nature so that at subsequent times the same course may be used for other speed run tests. Partner- ship further agrees to promote the attendance of persons to said . contests through publicity and advertising in such mediums and in such manner as it may, in its discretion, deem advisable, pro- -- vided, however, that in each press release or other release for publication, mention shall be made that the speedrun and air show is to be held at the "La Porte Municipal Airport~. The na- e e -3- #'--- - ~tOP -...~ ture of the stands for seating capacity, concessions ~f various kinds and the temporary structures shall be determined by Part- nership in its discretion. It is further agreed that, in consideration of the estab- lishment of the speedrun course by Partnership and the expenses incurred in connection therewith, said speedrun course shall not be used by City or Aviation Corporation without the consent of Partnership having first been obtained for a period of ten (10) years from July 2, 1949. It is further agreed that in connection with any subsequent air speedruns to be held over the course es- tablished or erected by Partnership, Partn~rship shall have the prior right and option to promote or undertake the management of any air speedruns during the ten (10) year period herein mention- ed. It is expressly understood that no exclusive ,franchise is granted hereby and the City or Aviation Corporation hereby re- serves the right to establish other speedrun course or courses and to use them for any speedruns or air shows as they may see fi . e III e It is agreed that Partnership shall have the exclusive right to establish the condition~ of admission, the prices to be charged for tickets, and the right to all proceeds from the sales of tickets, from any concessions, programs, and from the sale thereof, or other moneys which may be received in connection with the air speedrun and air show held on the dates above stipulated. IV Partnership agrees to establish such sanitary facilities as are necessary or may be required, at its sole cost and expense, to accomodate the persons attending said even~s. V . ---- Partnership agrees to secure insurance policy or policies to protect the City and Aviation Corporation against claims for porsonal injury and/or property damage. Such insur- ance policy or poliCies shall be submitted to and approved by the City and Aviation Corporation at least six (6) weeks prior to the holding of the air speedrun and/or air show. It is further agreed that Partnership shall not be liable to Aviation Corpora- ., . e -4- . .-....... ,e tion or Ci~y as a result of loss of use of airport facilities or any loss in sales during the time that said air speedrun or air show is held or during the time accomodations or improvements are being e~ected before or af~er said events. VI Partnership agrees ~o conduct said air show and air speedrun in accordance with ~he appllcable rules and regulations of the Civil Aeronautics Adminis~ration and the air speedruns in accordance with the rules of the N. A. A. The nature of the pro- .~, e gram, contests, attractions and concessions shall be within the sole discretion and management of Partnership. City and Aviation Corporation hereby agree to cooperate and assist Partnership in promoting and conducting the speedrun and air show, but shall not be obligated to incur any expense in connection therewith, except as hereinabove stipulated. . The foregoing agreement is made by Partnership condition- ed on and subject to weather condi~ions, necessary approval of the Civil Aeronautics Administration, and in the event weather '." e; conditions are unsafe or do not permit the holding of the speed run and. air show, or approval of the Civil Aeronautics Adminis- tration <<annot be obtained, or in the event of litigation seek- ing prevention of such air show by any person, then this agree- ment shall not be binding upon Partnership, and i~ may be re- lieved of all its liabilities and obligations hereunder. IN WITNESS WHEREOF, this agreement is executed on the day, month and year ~irst above written. ATTEST: City Clerk ATTEST: Secretary ..--- ....'" HOUSTON INTERNATIONAL AIR SPEED RUN - By Partner e e -5- .' .....---....." - Section 2. That if any section or part of a section, or one or more sections of this Ordinance be declared invalid, such shall not affect the validity of the remaining parts hereof. Passed and approved this, the !.1tt-day Of~ , A. D. 1949. ATTEST: Mayor of the City of La Parte, Texas. City Clerk of the City of La Porte, Texas. e STATE OF TEXAS I I COUNTY OF ID\RRIS t .'-.... "- I, J. E. MUldoon, City Clerk of the City of La Porte, 'Texas, hereby certify that the foregoing pages constitute a true and co~rect copy of an Ordinance duly p.ssed by the City Commission at its meeting held on , A. D. 1949, and the same appears of record in Minute Book - " , to certify 'which witness my hand and seal of the City of La Porte, Texas, this the day of - , A. D. 1949. City Clerk of the City of La Porte, Texas. .,~ . ...----~ ... .- -...