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Home My WebLink AboutMinutes - City Council - 1950-09-25 . �� City Cou.ncil, , - - Speci�.l P�eetir�g, : City HalJ-, _ • _ Couizcil Char=.�bers, I�ec�din�;, . � _ _ September 2�, 1�50_- �t00_pom. � , The meetin� was cal?ed to ord�r by i�iayor 5imons and upon roll call the followin.� Councilnlen`vaere �r�sent; Anthony, ;Vdilliams and Simons. �bsent; Counci?men i��iorrison and• Swarts. City Attorney Carlt,on vTas present , � _, �_, , ; , . _ � 9.GREETU�iVT-SOi7THu�ST ,�IRT�J�YS. � 1��i0TI0N; made� by Couricilrnan Anthony, second�d by Councilnian Z�ill.i��iins to authorize the agreem�izt ��aith S�uthwest A.irways for the ins�a.11ation of a-basolir,e pit at �he N?unicipal- .�ir�or�, subject to �ttorney Carlton4s approvale � __ Voting was as �o1lQwse , Ayes: Cauncilr�en�- t�ntho_ny, }JJilliams, Simons, - Noeso Cou�i�il.men - none , Absent; Councilrnen - I��iorrison and Swarts � A.GREEi'�i i lUT This �r;reeme�.t, macte and enterAd into as of r�he� 25th _day of . �. Septernber 1950�, by and bet�ti�een the City of Reddi��g, a rnunici�al corporatiorz, party of the first part, hereinafter �ermAd the Lessor, ane� Southwest �'iirtiva;�s Co.npany; an ��izona corporation, ,par�,y of the second part, hereinafter termed the Le�see; , �VITNESS�TH: � UJHL�.E,AS, Z�ssor now owns flr co��trvls certain real proper�y located a.bout i0 rnil�s S�E. iram the City of Fiedciing in tne Gaunty of Shasta, State of California, which ;,aic� real property consists of certain .land, ' builc�ing=s and '�rth�r improverrients and facili-ties, which is generally knowr� and commonly ref erred to as tne. �.edd;ng i�uncii�al Airport 9 and - - . � 'UJI-��`��.E,A�,' Lessee deszres to ir�st�a11. aj� unde�ground ga�-olin� s�or- ._ �.ge tank, dispensina �it and appurt:enant eaiu�ment and facili;ties (her� inafter colle�tively ref�err)ed. to as '�eqLiip:r:er�t°?) _ u��n a ��ort'ioi� o�' � ac�7.C� airpor-t f�r use in con�:ection i;Ji�th i�s airlinEs and L�ssor is ' ti•Jil.lin� to bive and �rant such �rixri:leges to Les�e u�on al]::� the t��erms , and corlditi.�ns "�.erei�after state�; , i�0�d,'!�E;�EFO�.E, i o�^ dnry in consideration of the terr�s`, convena�ats _ dnd c�nd,iticns herein eontained to be kep�t, paid a7�d �pei��'ormed, it is : mutua,lly understooc? and agr�ed as fol-lows'M - � 10 � Ti�at Les�sor� does hereby bive and �-rant ur_to Les�Lee th�. r.ight and privi��e�e of constructirig, i�stall.in�;, o�erating -and rnain.tain��.nb. one und.er�rounc gasol:in� stora�e t�nk, and �n� dispensina �it, togeth�r wi�h th� necessary` ,appurtenarit facilities 'arid ,equ?pment to be us�d i-n " conylection therev�ith a , _ 2> 'Tlzis aoreeria�nt shall be �'or the term O:P f'1�T8 �r�c'�,Y'S COTf1n12I1C'1..�g o�z tl�� lst da�T of�Oe�o��r, 1g5U, and endi�ig on tYze �Oth day of � Se-pternber;�1955 �. .�.�. _ 3o Lessee agrees to pay as consideration for the ri�hts and . �;rivileges hereiil �ranted the su� o.f �i�h�-,een dollars (tp1�o00) p�r year payabl�e yeariy in advance on the firs� day of. Gc�ober of �ach year. :, . durin�; the term hereof m �o Said equiprneri�:; shall be i�istall�d on property, aescribed on _ ExhTnbit 4�A4v .attachec� ?��reto and made a -part hereor. j o I-t is agr�ed �n.at such equi�met�t shall. �e installect in su:ch rnann�r th�.t nothin� whate�'�r_ ext�nd� above the surface of .th� runway. alid will be flush therewith so that the prescr�� ;rad� �r;ill remain ur�dis- tur•be�. �nd sc� that �.utomabiles, trucks and aircraft rnay reaelzly pass over - the same. �'t is further a�;reed that tne surface wi�l be of sufficient ' stren �th �o' su�por� all �t�r�Ps af tr�acks, tractc�rs and aircraft. �. = �It is ,aUr�ed �L�at \at .any time c�urin� the term o� t,n.is lease or any eYtensioii or re�ewa�. tnereof or upon the expiration or sooner terminatian of this agreement that Less�e shall have th� ri�ht to remc�ve all equiprtlent; provided, however, that the �same �hall ra re.noved',,ti��rithin a �eriod of szxty (60� days after the termznation of �this a�reem�nt, _ and provided, further, that Lessee shall; at i�ts own cost and expense, immediately repair any damages that �nay .be caused by such remo�ral and �. 9 ' .. �� . _ ret�arn the surface as nearl'y as possible ta its present condition. lf said equipment is rBrnpZTEC? durin� the term hereof, this lease shall terminate unl�ss Lessee gives Lessor written .notice of its intention to promptly replace the samee 7. It is understood that Lessee sha11 use daid equipment for the stor�.ge and h�,ndling of high-test gasoline, a highly imflammable liquide -In this connection Lessee aorees that said� equipment will be of a type approved by the i�tational "Board of' Fi�e Underwri�ers of`the Pacific, arid that the sam� shall at all times be used, maintained . ana operated in accordance with the recorr�mendations of said Board � of Fire Underwriters and i�� strict accordance with all applicable Federal, State and local laws, rules and regulations. . _ . . ___ . _ _'_ _ � $,�� Said equi�ment shall be,,for, the sole use of Lessee and � Les.see shall: not. have the right.. to .store therein �asoline belonging , to any other party, nor� to sell or� distribute the sar,ie to any other party yrithout the written consent of Lessor. g, Lessor, its agents, servants and employees shall have the _ right and priv�_?.ege at all reasonabie times to insp.ect said equipment and shall have access to the same for� the purpose of deterrnining whether the terms, covenants and conditions of this agreeme�t are being kept and performed by the Lessee. l0e Lessor shall not be liable nor responsible in any manner whatsoever for damage of any kind to property or person resultirig , directly or indirec�ly frora Lesse24s installation, r�aintenance and opera.tion of:; 's�id equipment, and Lessee agrees to indemnify Lessor and. hold it harmless from and. against any and all. liability therefor _ �and� in general Lessee assume.s all risk incident to such installation, maintenance and operationo , _ lle This agreement is subordinate and subject to all the terms and provisions of any existing or future agreei�ients, permits, licenses or d-�eds between Lsssor and :the Unite�. States Government, its agencies and subdivisions, and to Public Lava 2�39 and any and all other laws or reg- ulatioris .relating to airportso It is also understood� and agreed that any or all of t�he provisions .of; this agreement are subject to can�- cellation_, revocation, suspension, or modification by rEason� of such agreements, permits, licenses ar deeds, existin� or _future, or by reason of .such laws and�cr re�ulations. In �he. event, of suc�i� can- cell�tion,' r�rocation or suspension, this a reement rriay be terminated at tlze: option of Lessor, upon givin; thirty �30) days notice to`� Lessee, and Lessee. agrees in such, event to imr.�:edi�tely�; vacate said premi�ses.. ; 12. Each and all of the terms, coyena�1ts and candit�ion.s hereaf . on the part of Lessee are mutual and dependent and are condi�i�ons ; precedent to be fully and faithfully obssrved anc� ;oerformed by Lessee. In .the e,vent ,.that Lessee fails to o�bser,ve or perform any, of the terms, � covenants and' conditions hereof, Lessar may_ at its opticn immediately terminate and cancel this lease, with or without le�al process if Lessee_ s.ra11 c.ontinu� in such default for fifteen 15,) . days aft'er Lessor has made written demand for_ �erformance. Upon, any. such term- =ination, all oi Lessee4s ri�;ri�s hereunder sha11 thereupon immediately cease, end and terminate, excepting, ,howev�r, Lesseets ri,ght or a rerr�oval of said equipm.ent as conteinplated by, and within the per.iod , prescr.ibed� in, Article 6 hereof. In the event of Leseor bring�.ng an action of lativ or in equity to 'enforce any of .Lessor-�' s � rights hereunder, Lessee agrees to pay to Lessor a reasoriable sum as and for .attorney4s fees. -_ . "_ � . 13 . iNo 1 hoTding over after_'the expiratio�z of the -ter�n hereof �shall be const.rued as .a _renev�al or. extension of the t,erm hereof and such holding over shall be a tenancy at will only, � _ 1 1�.. Th�e Lessee shall nei�ther. assign this agreement nor� underlet the premises that are the subject of this agreement. - � � � IN WITNESS �dHEREOF,_ .the parties her.e,to have caused thzs agree- ment to 'be executed by their respective .officers who are thereunto duly--author.ized tYiis 25th day of September� 1950. - � ._ , . � CI1'Y OF REDDIT�iG - , ,, �_, A �i�ariicipal Corporation . � , � By s� Wilber. D . Simons, Tfia for _ , � � By s� Ethel A. -F�ichter , � SOUTHWEST AIRWA.YS CO�iPANY � � B3T, � s/ A e I�%e: �ohn.son, Treas • By; s� H�__Sullavan, Asst Secy. . � � ( ) _ ; . J. J. J. � � . - i�: :�: � .�. .�. . _' _ � _ . . . . . . ' q ��'� _„�OOS�ER L�I�E HIC�HL�II�JD ,�DDI1 ION f The -only bid. submitted for the water line exter..sion in the Highland Addition vJas from J� P. Brennan for �31,.5Q,OQ, � T�1UTI�N: rnade by Cauncilman ti�tilliams and seconded by Councilman .Anthony to accept the bid from J.�I ' Po Brennan. Voting was as follows: . � �yes: COuncilrrien - ,P.nthony, Z�Jilliam� and Simons '� i�oeso Councilmen = 'none � � . Absent: Councilmen - P,Zorr;ison and Swarts �J SEWER SEI�VIGE-1'41'ERCY HOSPITAL ' � ' ' T��TGTIGTd; r.lade by Cou.ricilr�ian tiVilliar�s and seconded by Councilman Anthony to install a 10" sewer to the hospital prcperty line vaith the City pay- ing for the cost��of installing .a 6�p pipe and the hospital paying for the increased pipe sizea Voting was as follows: � ��' Ayes: Councilmen - Anthony, LV�illiams and Simons Ivoes: Councilmen - none Absent: Councilrnen - �orris and Swarts WA3'ER SERVICE-N�RCY HOSPITA,L Ni0TI0TJe made by Councilrnan Williams and seconded by Councilman Anthony to run a 6't wat�r line to the new hospital property line and in,stall, a booster pump: This pump to be �r�move.d to sorae oth�r part of the City �rhen o�her water sources are available to the .hospital, Voting was as follo,wsa � Ayeso , Councilmen - Anthony, Williams. and S�:mons_� . � Noes: Councilmen - none. � I. Absenta Couricilmen - I��Iorr.ison and Swarts ` ! � �O�:D ENTRANCE-TVIERCY HOSFITAL The Street Comrnittee had reviewed -the matter of the road entrance to the hospital and agreed i.t should be on Court Street, but deferred action until a later dateo - � ` � �'ACTFIC .TEI, & TEL RATES ` . ' . i�fiCTI01�1: �r.nade by Councilman Williams, seconded by �Councilman �lntnony to -_ - pass a resolution. request'ing that any rate incre�se of th� Pacific � Telephone �c �elegraph Company be state-wide. , � � Voting was as follows: � ` Ayes: � Councilmen - �lntlzony, ti'Jilliams and Simons llToes: .� Councilmen - :,norie � � � . Absent:' Cou.nc�ilmen - �Nlor,rison and Swari.s � ��. - .A�GREEi�1VTT� SHASTA BOX CONP,�NY Ai�TD REDDING VENEER A�ID BOX CO14TPAPIY' N10TIOT�e . made by Councilman Anthony and seconded by Couneilman uvil��ams � to culminate the. a;reement with Shasta Box Company and Red.ding_ Veneer and Box Companyo - ' Voting was as foll.avlse � �- l�yes: Councilmen� - Anthony, � T��Tilliams and �imons � � = PJoes: � Councilmen - none' , � .Absent� Councilmen - � i�lorrison and Swarts � � � �iGRLLT�I11 GEORGE FAR.LEY i��OTIOIv; rriade b f Cc,ur<ciiman ��Tilliams and seconded by Counc-ilman- �nt-,�on�y- - that the agreement betwe.en George Farley and the City of Redding be• '- - executed_�permit.ting George Farle.y to connect to City S.ewer System, - .��::. Votirig was as follows: � - _ .. Ayesa_ CounciTmen - i�nthoriy, Williams and Simons iJoes; Councilmen - none. � AbsentQ Councilmen - T�Iorrison and Sv�rarts _, �PPOIIVTTNiEP1T-CITY CLERK ' ffiince there v�ras nct a full Council it was decided to delay the appointrnent of City .C�erk until the next regular meetin� when all �members of �the � � Council v�rould be present.� Councilman �krithony moved and Councilman Williams seconded to adjourn r the mee�ing. ; � � A PPl�OVED; � N/ ATTEST; �� l7ayor . C ity C erk -