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HomeMy WebLinkAbout1964-02-14 Special Meeting• 154. MINUTES - SPECIAL MEETING of the LA FORTE C I TY COA~1/SS /ON, LA PORTS, TEXAS February 14, 1964 7:00 p. ?~• MEMBERS OF COMMISSION PRESENT: Mayor H. P. Pfeiffer, Commissioners W. A. Stabs, Jr. and Russell Shepherd. MEMBERS OF COMMISSION ABSENT: Commissioners Tom Osburn and Frank G. Baker. * ~ OTHER CITY OFFICIALS PRESENT: City Attorney C. L. Pitman; H. Carlos Smtth, City Engineer; and Clovis D. Mann, Ctty Clerk. PRESIDING: Mayor H. P. Pfeiffer. 1. This Spectal Meeting was called by the City Commission for the purpose of Public Nearing to determine the issuance of a SpeciaC Permit for the location of a Nursery- Private School at 402 South 6th Street, Lots 30, 31 and 32, Block 6, Town of La Porte, and to 'take care of other business. Notice of Public Hearing was published in the La Porte Bayshore Sun, official newspaper of the City of La Porte, three (3) consecutive times on the dates of January 30, 1964, February 6, 1964 and February 13, 1964. The Mayor declared the Public Hearing open, with an explanation that since two of the City Commissioners were absent, he would suggest that the proceedings be taped by tape recorder, and that no decisi-on be made until the two absent Commissioners had the opportunity to listen to the proceedings. The Mayor then requested the Petitioner, Mrs. Cliff Trainer, to present her request with whatever comments she desired to make. Mrs. Trainer stated her request for permission to locate a Nursery-Private School at 402 South 6th, and explained that if Zicensed that she would be licensed for forty (40) children. • • ~ 55. Others present at the meeting who voiced objection to locating the school at 402 South 6th Street, were: Lloyd Aaron, 332 South 6th Street Mrs. J. J, Roark, Jr., 496 South 6th Street Mrs. J. J. Roark, Sr., 412 South 6th Mrs. J. D, Herron, 321 South 6th R. H. Hutchings, 312 South 6th There bring no further comments, Commissioner Shepherd made a motion, seconded by Commissioner Stabs, that the Public Hearing be closed. Motion carried by unanimous vote, with Mayor Pfeiffer, Commisstoner Stabs and Commissioner Shepherd voting "Aye". Commtss{over Shepherd made a motion, seconded by Comm- issioner Stabs, that further action be delayed until such ttme the Commission could give the matter of issuing a Special Permit for iocattng a Nursery-Private School at 402 South 6th further study. Motion carried with Mayor Pfeiffer and Commissioners Stabs and Shepherd voting "Aye". Commissioner Stabs made a motion, seconded by Commisstoner Shepherd, that the collection of a fee of fifty dollars(, 50.00), permissable under the Ordinance governing Special Permits, be waived in the case of Mrs.CCtff Trainer's request to locate a • Nursery-Private School at 402 South 6th. Motton carried with Mayor Pfeiffer and Commissioners Stabs and Shepherd voting "Aye". 2. A proposed lease of a portion of the La Porte Municipal Airport, as described in the lease document, to Cliff Hyde Flying Service, Inc., was presented. Motton made by Commissioner Shepherd, seconded by Commissioner Stabs, that the lease be approved, and that the Mayor be authorized to sign the tease for the City of La Porte. Motton carried with Mayor Pfeiffer and Commissioners Shepherd and Stabs voting "Aye". The Lease is as follows: THE STATE OF TEXAS Jj ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS ~ THAT THE CITY OF LA PORTS, Harris County, Texas hereinafter called the City, does by these presents Zease and demise unto Cliff Hyde Flying Service, Inc., a prtvate Texas corporation, acting herein by and through its duly authorized officers, hereinafter called the Lessee, that portion of the La Porte Municipal Atrport Zying adjacent to, and East of, that tract of land described in that certain lease • between the City and the United States of America, dated the 99th day of October, A. D. 1948, covering the property now known as the Texas National Guard Armory, and along Spencer Highway South of the West- East runway, and more particularly described as follows, to-wit: . . 156. BEG/NN/NG at a point on the East boundary line of the Texas Atr National Guard property and the North right-of-way line of Spencer Highway; THENCE, North 0° 27' East, a distance of approximately three hundred ninety-five (395) feet to a point which is two hundred (200) feet South of the South line of the West-East runway; THENCE, in an Easterly direction slong an imaginary ltne parallel to, and two hundred (200) feet from the South ltne of said runway, to the point where said imaginary line intersects with an imaginary line runntng in a Southeast-Northwesterly direction three hundred (300) feet from, and parallel to, the center line of the Northwest-Southeast runway; THENCE, along said latter imaginary line parallel to, and three hundred (300) feet distant from, the center line of the satd Northwest-Southeast runway, to a point where the same intersects the West line of the out-fall ditch, at a point which is approximately twenty-seven (27) feet North of the South line of said Airport; THENCE, in a Southerly direction along the West Cine of said out-fall ditch to the South Line of said Airport; THENCE, in a Westerly direction along the North line of Soencer Highway and the South line of said Airport a distance of approximately 965 feet to THE PLACE OF BEGINNING, upon the following terms, conditions and agreements hereinafter conatined: /. The term of this lease is from the date of thts instrument and ending on the same day of July, A. D. 9997. //. As rent for the use and occupancy of the leased premises, Lessee hereby agrees; binds and obligates itself to pay unto the City the sum of TEN AND NO/900 DOLLARS (~ 90.00) and other valuable con- sideration; and, the sum of One Thousand Dollars (,~ 9,000.00) shall be paid annually, in advance, for the years 9966, 9967, 9969 and 9970, beginning to July of each of such years, such annual installments to become due and payable on or before the same day in the month of July of such years as this lease is dated; • • Annual installments in the sum of Eleven Hundred Dollars (~ 1100.00) each shall be paid, in advance, for the years 1971, 1972, 1973, 1974 and 1975, beginning in July of each of such years, such installments to become due and payable on or before the same day in the month of July of each of such years as the prior rental installments; Annual installments in the sum of Twleve Hundred Ten Dollars ($ 1,210.00) each shall be paid, in advance, for the years 1976, 1977, 1978, 1979, and 1980, beginning in July of each of such years, such installments to become due and payable on or before the same day to the month of July of each such years as the prior rental installments; Annual installments in the sum of Thtrteen Hundred Thirty- one Dollars (~ 1,331.00) each shall be paid, in advance, for the years 1981, 1982, 1983, 1984, and 1985, beginning in July of each such years, such installments to become due and payable on or before the same day fn the month of July of each of such years as the prior rental installments; Annual tnsfallments in the sum of Fourteen Hundred Sixty- Four Dollars (~ 1464.00) each shall be paid, in advance, for the years 1986, 1987, 1988, 1989 and 1.990, beginning in July • of each of such years, such installments to become due and payable on or before the same day in the month of July of each of such years as the prior rental installments; Annual installments to the sum of Sixteen Hundred Ten Dollars (~ 1610.00) each shalt be paid, in advance, for the years 1991, 1992, 1993, 1994 and 1995, beginning in July of each of such years, such installments to become due and payable on or before the same day in the month of July of each of such years as fhe prior rental installments; The final installment of rent in the amount of Seventeen Hundred Seventy-One Dallars (~ 1771.00) shall be due and payable on the 4th day of July, 1996. !//. Failure to pay any one or more of .said installments, of rent when due or within sixty (60) days after the same shall become due, shall terminate this Lease at the option of the City. / V. This lease is made subject to all of the terms, agree- ments and conditions contained in that certain Deed from the United 157. • States of America, acting by and through Was Assets Administrator, dated the 4th day of June, A. D. 1947. • V. Lessee shall have the right to matntatn on said field and within fhe limits above described, a F. A. A. certified training school, and to carry ors corrrnercial air activities such as charier plane service for both cargo and passengers, sight- seeing tours, repair and maintenance shops for aircraft, sale of aircraft, storage of aircraft, and the like; and, for carrying on these activities, it is understood and agreed that Lessee shall have the right to a1i necessary but not exclusive use of alt landing strips for the take-off and landing of aircraft. V/. Lessee shalt immediately erect an ail steel and/or aluminum hangar of approved design, with welded frame imbedded in concrete floor, of approximately one hundred (900) feet by sixty (60) feet, with a metal lean-to one hundred (100) feet by twenty (20) feet attached, and an ail metal T hangar approximately one hundred seventy-four (974) feet by thirty-two (32) feet, • sufficient to house six (6) small planes, and three (3) alt metal Butler T hangars and one (9) all metal quonset but and Lessee shall construct a new hangar on the east stde of hts present hangar, one hundred feet (900) long and eighty (80) feet wide, all metal prefabricated construction. Floor to be four (4) inch con- crete slab, reinforced with six (6) inch wire mesh and twelve (92) inch by eighteen (98) inch concrete ribbon around, with bell bottom reaching down to clay. Said hangar wilt have eight (8} to ten (90) sky-lites in the top and wiZ1 be designed to very attractive, and an asphalt apron to be of stabilized shell with a one and one-half (9~) inch asphalt topping; to be one hundred (900) feet wide and one hundred eighty (980) feet Zong and a taxi-way fifty (50) feet wide and one hundred (900) feet long extending toward the hard surfaced runway. Lessee shall maintain such structures and improvements in good con- dition throughout the term of this lease. Vll. Lessee shall have the further right to erect any and ail • buildings and structures on that portion of the airfield hereintxbove described as may be necessary for the conduct of its business, pro- 958. . ~ 7 59. • vided th:t such buildings and structures do not interfere with the operation of the field. Vlll. No exclusive rights are granted to Lessee to use the sayd airport and the City reserves the right to make Leases of portions of said airport to other parties. /X. No building or other structures shall be placed by Lessee nearer than two hundred (200) feet to any runway. The City shall not construct or place, or permit to be constructed or placed, any building or structure nearer than two hundred (200) feet to said runway. X. Ail hangars and other buildings or structures erected or placed on the heretnabove described property by Lessee shall conform in appearance to those buildings and structures now located on said airfield. The City shall require any other parties • to whom it may grant a lease to construct hangars and other buildings and structures of suitable design and to conform in appearance to those structures placed by Lessee. X/. Satd airfteid is a Munictpal Airporf, under the control and direction of the City. The City shall make no use of said airfield which would substantially impair the operations of the Lessee. X/!. Lessee shall not assign this lease nor sub-let the leased premises, or any part thereof, except for storage of aircraft, without prior written consent of the City. Lessee is, however, expressly given the right by deed of trust, mortgage or other appropriate instrument of encumbrance of assigning its leasehold estate as a part of and incident to any assign- ment or encumbrance desired to be given by it as security to the payment of an indebtedness secured by the buildings built or to be built • by Lessee on the leased premises; provided that the instrument of encumbrance shall expressly provide that any person, f2rm or corporation • which acquires any right, title or inferest in or to the lease or mort a e f h d f tr st d f l b h l t t g , g suc ee o u orec osure o a e y d es the lease o or other instrument of foreclosure, or otherwise by, through or under such instrument, shall thereby automattcaCly become bound and obligated to every covenant on the part of Lessee herein contained or stated of reasonably arising therefrom; except that it is not intended to hereby provide that the mere execution, delivery and acceptance of the deed of trust, mortgage or other Zien instrument, shall thereby obligate either the trustee or mortgagee therein to the covenants on Lessee's part herein contained. it is the purpose and intention of this section of this lease to grant Lessee the utmost freedom in hypothecating or mortgaging the confemplated buildings and the Lessee's Leasehold estate in the land; provided the City be fully protected against any possibiltty of any person, firm or corporation lawfully coming into possession of the premises who is not bound by every covenant on the part of Lessee herein contained. Failure of performance of any covenant on the part of Lessee herein contained or resonably arising therefrom, if such failure be • or an nkr tc t i b t i y n a up y, rus ee gnee or by fault or om-i sion of any ass receiver, or any executor or administrator, shall entttle the Ctty to exercise any of its remedies herein provided in the event of any such failure, as fully as if such failure had been by faulf or omisston on the part of the Lessee. X/ / /. Failure on the part of the Lessee to perform any of the terms, agreements, conditions and covenants imposed by this tease shall, at the option of the City, cancel the Cease and aCl rfghts of Lessee shall be thereupon terminated and all buildings and permanent tmprovements placed on said airport by Lessee shall become the property of the City as liquidated damages, provided, however, Lessee shall have sixty (60) days written notice from the City in which to correct any default before cancellation, except that no notice shaCl be required for failure to pay any installment of rental as herein provided. The failure of the city to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a watver or relinquishment of the future performances of any such term or condition. 160. ~r /n testimony whereof the C/TY OF LA PORTS has caused these presents to be executed, in duplicate originals, by its Mayor and attested by its City Clerk andCLIFF HYDE FLYING SERVICE, INC. has caused these presents to be executed by ifs President and attested by its Secretary, this the 4th day of November, A. D. 9963. ATTEST City Clerk ATTEST CITY OF LA FORTE, TEXAS Mayor CLIFF HYDE FLYING SERVICE, INC. Secretary President There being no further business at hand, the meeting was adjourned. H. P. Pfeiffer Mayor of the City of La Porte, Texas ATTEST Clovis D. Mann City Clerk of the City of La Porte, Texas 969. •