HomeMy WebLinkAboutResolution - 1435 - Lease Agreement - Muse Air Corporation - Operations Space, LIA - 07_28_1983RESOLUTION 1435 - 7/28/83
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and di-
rected to execute for and on behalf of the City of Lubbock a Certificated
Passenger Airline Lease between the City of Lubbock and Muse Air Corporation,
which Lease, attached herewith, shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of July , 1983.
E. JACK BRbWN, MAYOR PRO TEMPORE
ATTEST:
Evelyn Gaffga, City e r ry-Treasurer
APPROVED AS TO CONTENT:
Marvin Coffee, D Wctor of Aviation
APPROVED AS TO FORM:
VM. Sherwin, Assistant City Attorney
From the desk of `
I _
EVELYN GAFFGA
.'December
TO: Marvin Coffee. Director f
}
Airport r
It has come to my attention that two
resolutions were submitted and passed
authorizing a lease agreement with Muse Air.
The first was passed on July 28, 1983, and
according to the minutes and the agenda
comments concerned a "Letter of Agreement".,
My records reflect that.this letter has 'never
been received in my office for the official
files.
The second resolution was passed on November
10. 1983, and was submitted for signatures
with the Lease agreement.
The point of confusion is that both
resolutions are identical in content but with
different numbers, and executed on different
days
I am enclosing photocopies of what our files
reflect. Please examine this and see is
you can help clear up the confusion.
1"
EVELYN GAFFGA, CMC
CITY SECRETARY
fiESDLii1:F-0'fl:.7�35:.�.7i28I83 �
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it RESOLUTION
I'
is BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I; THAT the Mayor of the City of Lubbock BE and is hereby authorized and di-
rected to execute for and on behalf of the City of Lubbock a Certificated
�Passeager.-AlRine.3.easj between the City of Lubbock anit,Muse--Air -.CarpDra-14g4,
t, which Lease, attached herewith, shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
it Passed by the City Council this 28th day of- July 1983.
i
i'
E. JACK BR t;N, MAYOR PRO TEMPORE
i ATTEST:
is
�i
i; Evelyn Gaffga,
City Secretary -Treasurer
`
APPROVED AS TO
CONTENT:
1 Marvin Coffee,
Director of Aviation
I�I APPROVED AS TO
FORM:
41
Jo ari M. Sherwin, Assistant City Attorney
0
407
83-42A-407-674
(22.) Consider the rice and conditions of sale of Parcel No.
4- a in the Coronado TEX R-33 area.
Redeveloper: Reble Coleman
Price S1,500.00
Redevelopment: Single-family residence
The motion was made by Councilwoman Baker, seconded by Council-
man Aderton to approve the above referenced sale. Motion carried:
3 Yeas; 0 Nays.
83-42A-407-675
(23.) �onstderresolution author i�a 7ease,agreement..riT%F
.c-MusesAsri-ines.
esolntion-4435f
Muse Airlines wants to commence operation August 7 and by Letter
of Agreement, the temporary construction necessary is allowable.
The proposed lease agreement allows Muse temporary facilities
until permanent space is provided following expansion of the
Terminal.
Muse Air has the right to remodel part of the east -end of the
Terminal, and to build baggage handling facilities on the exterior
of the terminal at their own expense and risk; they will have 30
days to remove these temporary facilities when the expansion
project is completed; they will provide heating/air conditioning
for the temporary facilities and pay all utility bills for this
portion; the basic term is 18 months, with shorter periods
allowable as the expansion project progresses; the leasing space
will be at $8.25 per sq. ft.or S4,317.75 per year; the land lease
involved is 904 sq. ft. at a rate of S50/month (Y600 annually);
common space rental will be shared with four other airlines;
current landing fees will be $32.5 cents per thousand pounds of
landing weight.
Muse Air is agreeable to these terms and is in the process of
executing the necessary documents. The motion was made by
Councilman Aderton, seconded by Councilwoman Baker to pass
Resolution No. 1435 authorizing the lease agreement with Muse Air.
Motion carried: 3 Yeas; 0 Nays.
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[&FSQMU X- 435'f
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and di
rected to execute for and on behalf of the City of Lubbock a Certificated
Passenger Airline Lease between the City of Lubbock and Muse Air Corporation,
which Lease, attached herewith, shall be spread upon the minutes of the Counc
and as spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of July , 1983.
ATTEST:
/S/ Evel n Gaffga
ve yn Gaffga, CitySecretary-Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM: II
II
/S/ Joan M. Sherwin I
Joan M. Snerwin, Assistant City attorney
I
I
it
I
Honorable Mayor and Members of the City Council
July 25, 1983
Page 18
We discovered, while working on a planned development on Lot 4,
Commanders Addition, that -the list -of prohibited uses contained
i-n-the ordinance is incorrect.
The zone case changed the zoning from C-3 to C-4 with certain of
the C-4 uses being prohibited. As the ordinance is styled,
prohibited use, #6;;_Furniture Store,- should read "Used"
Furniture Store. The designation "Used" _is the language that is
included in the list of allowable C-4 uses and specifically one
of the uses that both the Commission and City Council approved as
being prohibited.
ITEM 23 Consider lease agreement between the City of Lubbock and Muse
Airlines.
As the Council may recall,_Muse Airlines wants to begin opera-
tions in Lubbock on August'7, 1983.- For that reason, we have
executed a tLetterof� yr emerrt,'wbetTveeh'3}i2�irezt.Qr-of Aviat
their--construction,oT-tea temporary,00arainq,T-aca1aty:at_tne'.east_v
errtl'of��i€`Airporft .
=We Fave'::•fbr your onsgiie ; t' nn the X-10 eas _ with Muse Air.
It contains the _f eatures__o the standard airline lease, except
for th6phrase,"This exception is made to__allow Muse Air to
provide a temporary facility for:ttie.:interim until permanent
spaccan'be,,provided'th�ough..exDansion,o_f,the_.Ter_minal. The
features provide the following:
1. Muse Air is provided the right to use_ and. remodel part
of`tlie_-Terminal-on the east:e_na and to build additional
`Facil'i es"outside,�that will provide for baggage system
an8�aggage makeup area.
2. Muse Air will construct thesetemporary facilities as
their own expense` and risk:__
Honorable Mayor and Members of the City Council
July 25, 1983
Page 19
3. When newly -constructed expansion space is provided,
Muse Air. wilIIhave 30 days. to _remove all temporary
construction.
4. Muse Air will .provide all heat and air conditioning in
the -facility they construct on the ground lease and
will :pay all utility bills on this portion.
5. Term --Basic term is for eighteen months with the
following conditions: -
A. A shorter period, depending on when the new
expanded.space,is available, as.determined by
the City.
B. Term can. be extended for 30-day periods in '
the event construction of new space is
d 7 ayed`and takes more than eighteen months
to have space available.
6. ExclLsive _lease space which.is part of the existing
building will _be $8.25 per -square foot per year. There
are.887 square _feet, which will be $4,317.75 per year.
7. I1 and lease area of 904 square feet. This is at the
rate of $50..per month, .or $600.per year. (The current
approved land rental is less than the minimum $50 per
month.)
8. Common -use rental for public space in the lobby and
baggage claim areas will be shared between five
airlines;"inst.ead of the existing four.
9. Current landing fees of 32.5E will be increased to
351 October 1, 1983,- as provided in standard airline
agreements:' --
This lease agreement has been prepared by the City Legal
Department and has been transmitted to Muse Air for their
execution. We are asking Muse Air to give this their urgent
attention and it is unknown at this time if the lease agreement
Honorable Mayor and Members of the City Council
July 25, 1983
Page 20
will be acceptable to them and if they will have returned it to
us by July 28. If their legal counsel suggests any changes that
we cannot accept without substantially changing the proposed
agreement, we will report back to City Council.
ITEM 24 Consider a resolution appointinq City Health Officer.
According to the terms of the contract between the City and the
Texas.Tech University School of Medicine, .Tech is responsible for
/LPL designating a Staff Physician who will serve as both Public
Health Director and City -Health Officer. State Law requires that
the Council formally 'appoint the City Health Officer.
Until last month, Dr. Robert Kokernot was the staff member '
designated by the Medical School under the terms of this contact.
With Dr. Kokernot's recent resignation from the Medical School
Faculty, the position of City Health Officer was, in effect,
vacated. Therefore, it will be necessary for the Council to
appoint his successor.
Medical School Administrators indicate that they are in the
process of recruiting a Chairman for the Preventive Medicine
Department. When that individual has been hired, he will be
designated as the individual,respDnsible for fulfilling the
contract with th _the�_ terim, it will be necessary -to
appoint,anotgi ni dlv'idu a_.fill—that office. The School has
desi.ggne 'd Anthony Way: o ill. that role. The resolution
i 6c1 Jdedd n'•`�' r__backu _ h l formally appoint Dr. Way in
accordance —with Stale Law.
Again, we would _point out -that Dr. Way's appointment -is intended
as_an.interim measure_.-"When'the`Chairman_ of the Preventive
` 'di c_ine`Depa�tment-is._hired, it'is`our understanding that Texas
lech-iiill 'designate that individual to fulfill the terms of the
contract. This will require a formal action by the Council to
designate that individual as the City Health Officer.
ITEM 25 Consider an amendment to the ordinance governinq quarantine of
animals for rabies observation.
RESOLUT.TDN... "132U...._-... V) t1-0/ 63 ►
f_ 01.
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RESOLUTION
u
�± BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
�s
�! THAT the Mayor of the City of Lubbock BE and is hereby authorized and
�I directed to execute for and on behalf of the City of Lubbock a Certificated
gassenger-11ix3ine-teasbetween the City of Lubbock andMuse_-Air^Gprpora-,.I
t3dh, which Lease, attached herewith, shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
a
Passed by the City Council this
ATTEST:
_ day of November 1983.
ALAN HENRY, MAYOR
Evelyn Gaf fga, City Ser6OAry-Treasurer
APPROVED AS TO CONTENT:
X.
Marvin Coffee, Director of Aviation
loth
APPROVED AS TO FORM:
"Cti•t ri'1 ��u`1L[G'Lr�
Joan M. Sherwin, Assistant City Attorney
727
83-42A-727-1043 (30.) of sider_:31irline cease, Aoreemeni with''14use13r;- an�3::
aut orite-same.a
RESOLUTION 1520
Muse Air started providing service August 7, 1983 by Letter
Agreement. The proposed lease agreement is standard, for
the initial term of eighteen months commencing August 1,
1983 and ending January 31, 1985. Muse is to restore the
temporary space used at their expense.
The motion was made by Councilman Brown. seconded by
Councilman Aderton to pass Resolution 1520 approving the
above referenced lease agreement. Motion carried:
4 Yeas; 0 Nays.
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RESOLTTT11irA i$YU
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Certificated
Passenger Airline Lease between the City of Lubbock and Muse Air Corpora-
tion, which Lease, attached herewith, shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 10th day of November 1983.
ATTEST:
/S/ Evelyn Gaff9a
tvelyn ba:rga, bity secretary -treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee. Ulrector of Aviatiiih
APPROVED AS TO FORM:
/S/ Joan M. Sherwin
Joan M. snerwin, Assistant Lity orney
/S/ Alan Henry