zso by directed to issue voucher in favor of Lucretia Janes in the amount of X250.00 for the two months period of nursing and care of Riley Smith, to bo drawn on the General Fund of Kerr County. The County Clerk and County Treasurer are further directed to issue voucher in favor of Mrs. Lucretia Jones in advance, beginning December 9th, 1953, and continue each month thereafter while said patient is properly nursed and cared for, in the amount of125.00 each month, to be drawn on the General Fund of Kerr County until further determined by the Court. o-o-o -o -o -o -o No. 6326. APPROVAL OF CLAIMS AND ACCOUNTS. This the 9th day of November, A. D. 1953, came on to be considered by the Court, the claims and accounts filed against Kerr County, since the last term of this Court, against the General Fund, Road and Bridge No. 2, Lateral Road and Bridge No. 3, Road and Bridge No. 1, Road and Bridge No. 4, R. & B. R. W. Fd. F. M. 689, and R. & B. R. W. Fd. F. M. 1273, snd the necessity to confirm the weekly pay-roll of the laborers as per sworn affidavit filed v~ th the County Clerk for the weeks of October 16th, 17th, 24th, and 30th, and November 6th, 1953. It appearing to the Court that said claims and accounts Piled against each fund should be paid, and that the payment of the labor bills as per sworn affidavit filed with the County Clerk for the weeks of October 16th, 17th, 24th, 25th, and 30th, and November 6th, 1953, be confirmed as paid. There- fore, by motion duly made by Guthrie, seconded by Goff, and unaimously approved by the Court, and the County Clerk be and is hereby directed to draw vouchers against the County Treasurer on all claims filed in the amounts therefor, payable out of the respective funds to the parties entitled thereto; that the labor bills be confirmed as paid, for the weeks of Octob er 16th, 17th, 24th, 25th, and 30th, and November 6th, 1953. o-o-o-o-o-o -o No. 6327. CONFIRMATION FD R ROBERT E. SIEKER TO SUBLEASE LOUIS SCHREINER MUNICIPAL AIRPORT TO TRANS-TEXAS AIRWAYS. This the 9th day of November, A. D. 1953, after motion having been duly made by Guthrie, seconded by Bartel, and unanimously approved by the Court, that Commissioners' Court oP Kerr County agrees and confirms that Robert E. Sicker, d/b/a Kerrville Flying Service, be authorized to sub-lease the Louis Schreiner Municipal Airport to Trans-Texas Airways, in accordance with the contract and Sub-lease Agreement, of which the following is a substantial copy, to-wit: SUB-LEASE AGREEP~`P STATE OF TEXAS ) COUNTY OF KERR ) INDENTURE OF LEASE made this 12th day of October, 1953, by and between ROBERT E. SIEKER, an individual residing in Kerr County, State of Texas, and further doing business as KERRVILLE FLYING SERVICE, (hereinafter referred to as "LESSOR") and TRANS-TEXAS AIR?'JAYS oP Harris County, State of Texas, a Corporation organized and existing under the laws of the State of Texas (here- inafter referred to as "LESSEE"). ',SiHEREAS, Lessor has under lease from the City of Kerrville, County of Kerr, and the County ~ of Kerr, State of Texas, certain premises known as LOUIS SCHREINER MUNICIPAL AIRPORT (hereinafter referred to as "Airport"), and Lessor is now operating said Airport, said lease having commenced on December 1, 1953 and continuing for a period of 2 years thereafter; and •~d-IEREA,S Lessor has authority from the City of Kerrville and the County of Kerr to enter into this Sub-Lease Agreement; and Lessee being engaged in the business of transporting persons, pro- perty and mail by air, Lessor does hereby lease and grant and Lessee does hereby hire and take certain premises and Yacilities on said Airport, for and in consideration of the rents, covenants and agreements contained herein, as follows: ARTICLE I - PREMISES Lessor does hereby demise and let unto Lessee, and Lessee does hereby hire and take Prom Lessor, the following premises and facilities, rights, licenses and privileges on and in connec- tion with the property and improvements of Lessor specified as said Airport, as more particularly hereinafter set forth: (A) Use of Airport. The use by Lessee, its employees, passenger, guests, patrons and invi- tees in common with others authorized so to do, of said Airport and appurtenances including, but not limited to the landing field, runways, aprons, taxiways, sewerage and water facilities, flood lights, landing lights, control tower, signals, radio aids, and all other conveniences for fly- ing, landings, and takeoffs of aircraft of Lessee, which use shall include: (1) The operation of a transportation system by aircraft for the carriage of persons, pro- petty and mail, including all activities reasonably necessary to such operation, (hereinafter referred to as "air transport ationN}; (2) The landing, taking off, parking, servicing, repairing, storing, loading and unloading of Lessee's aircraft or other equipment. (3) The right to load and unload persons, property and mail at said Airport by such motor cars, buses, trucks or other means of conveyance as Lessee may require in the operation of its air transportation system; (4) The right to install, maintain, use and operate such fuel, radio, communications, meteo- rological and aerial navigation equipment and facilities in, on and about the premises herein leased as may be deemed necessary by Lessee for its operations as well as the right to install and operate advertising signs on the leased premises, sub3ect to the approval of Lessor. (B) Office and Public Space. The exclusive use of abo ut 230 square feet of office space as the same is more particularly described in Exhibit A attached hereto and made a part hereof, and the option of taking exclusive use of sufficient space in any new administration building or passenger terminal building which Lessor may construct during the term hereof, said space to be mutually agreed upon between Lessor and Lessee for such uses as Lessee finds necessary to its operation of an air transportation system, such uses to include but not to be limited to the sale of tickets, manifesting of passengers and cargo, handling of mail, baggage and cargo and the operation of a traffic, operations and communications office. In addition, the use by Lessee, its employees, passengers, guests, patrons and invitees, in common with others, of any public space now available or which may hereafter be made available including but not limited to lobbies, waiting rooms, rest rooms and vehicular parking space. (C) Right of Ingress and Egress. Complete ingress aryl egress to and from the premises out- lined in,(A) and (B) above on the part of Lessee, its employees, passengers, guests, patrons, invitees, suppliers of materials and furnishers of service without charge to Lessee or to said persons or property. These rights are to be sub3ect to reasonable rules and regulations promul- gated by Lessor. ARTICLE II - TERM Lessee herein shall have and hold said premises, rights, facilities, licenses and privileges heretofore described for a term commencing on the day its regular scheduled air operations begin on and through sai3 premises and Airport, and continuing for a period of two (2) years thereafter ARTICLE III - RENTALS AND FACILITIES FEE Lessee agrees to pay Lessor for the use of the premises, facilities, rights, licenses, ser- vices and privileges granted hereunder, the following rentals and facilities Yee: (A) Office Rent: From and after December 1, 1953, office rental at the rate of forty dollars {40.00} per month for that space more particularly described in Exhibit A attached hereto. Said monthly rental payments shall be paid'by Lessee in advance on or before the tenth (10th) day of each month. Upon the acceptance by Lessee of space in any new administration or passenger ter- minal building, at said airport, it may at its option terminate its rights and obligations with respect to the office rent then being leased by giving Lessor one hundred twenty (120j days ,,,, written notice. (B) Facilities Fee. A facilities fee of three percent (3°~) oP the gross generated passen- ger, express and freight revenues on Lessee's system from Lessor's Airport, said Pee to be esta- blished by means of reports to be maintained by Lessee sub3ect to Lessor's periodic inspection thereof. Said fee to be paid monthly on a calendar month basis or prorate period thereof on or before the fifteenth (15th) day of each succeeding month. In this regard, Lessor shall be guaranteed a monthly payment of Forty (40.00) Dollars by Lessee in the event three (3) percent does not reach a figure oP Forty (40.00) Dollars in any month during the term hereof. Hovaever, Lessee shall in no event pay both the three (3) percent fee and the Forty (40.00) Dollars as it is intended by the parties hereto that said Forty ($40.00) Dollar payment is simply a guaran- teed minimum monthly payment. (C) Lessor shall pay for all utilities used and consumed at said Airport, including but not limited to electricity, lighting, heating, gas and water; provided, however, that Lessee shall pay for the electricity and lighting used and consumed by it in Lessee's exclusive office space as provided herein. Lessor may Place a separate light meter upon Lessee's exclusive office space for the purpose of determining the electricity consumed by Lessee therein. (D) The foregoing fees to be paid by Lessee shall preclude Lessor from charging any other toll or Yee against Lessee and shall be in lieu of any license or permit which Lessee may be required to obtain to operate from said Airport. It is further understood that by payment of the foregoing Pees by Lessee, Lessor shall incur and pay for all utilities consumed and used by Lessee at said Airport, including but not limited to lighting, electricity, gas and water. ARTICLE IV - OPERATION OF AIRCRAFT Lessor agrees during the term of the Lease and any renewal hereof to maintain and operate ..~ the Airport with adequate and efficient personnel and to keep said Airport and the space used by Lessee as well as any new administration or passenger terminal building in good repair, in accordance with the requirements of the Civil Aeronautics Administration for the operation of scheduled air carriers using the type oP equipment employed by Lessee thereon. The Lessor, ..i during the period of this lease and agreement and any renewal hereof, will maintain said airport with such facilities, navigation aids, and lighting service as conform to the requirements oP governmental agencies, either federal or state, having 3urisdiction of such matters, and will so maintain all such facilities and landing field at said Airport that said Airport may continue to be approved and recognized by such governmental agencies as an airport subfect to the use by commercial transport aircraft, such as may be operated by Lessee. ARTICLE V - RtTLES AND REGULATIONS Lessee agrees to observe and obey all reasonable rules and regulations promulgated and en- forced by Lessor (not in conflict with the provisions hereof) and any other appropriate authority having 3urisdiction during the term hereof provided the same are consistent with safety and do not conflict with the rules and procedures prescribed by the Civil Aeronautics Administration for landing and taking-off of Lessee's aircraft at said Airport. Lessor further agrees to formulate and enforce rules and regulations which will prescribe methods by which Lessee will not be pre- vented from maintaining its schedules at Lessor*s Airport, including times when conditions of low ceiling and poor visibility exist at or about the time scheduled transport planes are due to arrive or depart. ARTICLE VI - DAMAGE OR RESTRICTION OF BUILDING If any building or property of Lessor in which Lessee occupies exclusive space hereunder, or part or all of which is leased to Lessee, shall be destroyed or partially damaged by fire or other casualty but ttot rendered untenantable, or if rendered untenantable, the same shall be repaired, replaced, or reconstructed with due diligence by Lessor at its own cost and expense and where the premises are untenantable, or unfit for use by Lessee, the rent payable hereunder with respect to the Lessees exclusive space, or that part leased to Lessee, shall be proportionately paid up to the time of such damage or destriction and shall thenceforth cease until such time as the premises shall be repaired, replaced or put into proper condition by Lessor. ARTICLE VII - CANCELLATION BY LES50R In the event that Lessee is adjudicated bankrupt or that a court shall take 3urisdiction oP Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorgan- izations act, or that a receiver of Lesseers assets shall be appointed, or that Lessee shall be divested of its estate herein by other operation of law, or that Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions herein contained on the part of Lessee to be performed, the Lessor may give the Lessee written notice in writing to correct such condi- tion or cure such default and, if any such condition or default shall continue for thirty (30) days after the receipt of such notice by the Lessee, the Lessor may, after the lapse of said thirty (30) days period and prior to the correction or curing of such condition or default, ter- urinate this lease by a twenty (20) day written notice; the term hereby demised shall thereupon cease and expire at the end of such twenty (20) days in the same manner and to the same affect as if it was the expiration of the original term, but the acceptance oY rental by Lessor for any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee, shall not be deemed a waiver of any right on the part of Lessor to cancel this lease for failure by Lessee so to perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. No waiver of de- fault by Lessor of any of the terms, covenants or conditions hereof to be performed, kept and ob- served by Lessee shall be construed to b e or act as a waiver of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee. ARTICLE VIII - CANCELLATION BY LESSEE Lessee, in addition to any right of cancellation or anq other right herein given to Lessee, may cancel this agreement in whole or only insofar as it relates to any building, and terminate all or anq of its obligations hereunder at any time, by thirty (30) days' written notice, upon or after the happening of any one of the following events: (1) Any failure or refusal of the Civil Aeronautics Administration to continue to grant or refusal to permit Lessee the right to operate into, through and from said Airport such aircraft as Lessee may reasonably desire to so operate; (2) The termination of Lessee's obligation or right (imposed by contract or otherwise) to the Federal Government for the carriage of United States air mail to, from or through the City 3 of Kerrville, Texas, its metropolitan area or its environs, Por the receiving and dispatching of United States air mail; (3) Authorization by the Civil Aeronautics Board of another airport for service by Lessee to Kerrville, Texas; (4) Issuance by any court of competent 3urisdiction of an in3unetion in any way preventing or restraining the use of said Airport or any part thereof for airport purposes, and the remain- ing in force of such in~unetion for a period of at least fifteen (15) days; (5) The breach by Lessor of any of the covenants or agreements herein contained and the failure of Lessor to remedy such breach for a period of thirty (30) days after receipt of a written notice of the existence of such breach; (6) The inability of Lessee to use said premises and facilities continuing for a longer period than thirty (30) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessee or due to war, earth- ,V„ quake or other casualty; (7) The assumption by the United States Government or any authorized agency thereof of control of said Airport, and facilities or any substantial part or parts thereof; (8) The erection of any obstacle on or in the vicinity of said Airport which would occasion a modification of Lesseefs air carrier operating certificate or similar authorization establish- ing minimum safetq standards for the operation of Lessee. No waiver of default by Lessee of any of the terms, covenants or conditions hereof to be performed, kept and observed by Lessor shall be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants and conditions herein contained to be per- formed, kept and observed by Lessor. ARTICLE IX - RIGHT TO LEASE AND QUIET ENJOYMENT Lessor represents that it has the right to lease said property and appurtenances specified herein as the Airport, together with all the facilities, rights, licenses and privileges herein ._.. granted, and has full power and authority to enter into this lease in respect thereof. Lessor agrees that, on payment of the rent and performance oP the covenants and agreements on the part of the Lessee to be performed hereunder, Lessee shall peaceably have and enjoy the leased pre- mixes and all the rights and privileges of said 1,irport, i.ts appurtenances and facilities. ARTICLE X - SURRENDER OF POSSESSION Lessee agrees to yield and deliver to Lessor possession of the premises leased herein at the termination of this lease, by expiration or otherwise, or of any renewal or extension here- of, in good condition in accordance with its express obligations hereunder only, except for reasonable wear and tear, fire and other casualty, and Lessee shall have the right at any time during said term, or any renewal or extension hereof, and for thirty (30) days after the termina- tion hereof, to remove all fixtures and equipment 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 may have thereon for unpaid rents or fees. ARTICLE XI - ASSIGNMENT OF LEASE Lessee shall not at any time assign or sublet this lease of any part thereof without the consent in writing of Lessor. ARTICLE XII - NOTICES Notices to the Lessor provided for herein shall be sufficient if sent by registered mail, postage prepaid, addressed to Robert E• Sicker of the City of Kerrville, Texas; and notices to the Lessee, if sent by registered mail, postage prepaid, addressed to Municipal Airport, Souston, Texas, or to such other respective addresses as the parties may designate in writing from time to time. ARTICLE XIII - INVALID PROVISION It is further expressly understood and agreed by and between the parties hereto that in event of any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, J that the invalidity of any such covenant, condition or provision does not materiallq prejudice either the Lessor or the Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions of this agreement. IN 'a'dTPNESS WfiEREOF, the parties hereto have executed these presents as of the day and year first above written. c y~d ~,~ Vic, ATTEST: Carl F. Schupp II (NOTARY SEAL) ATTF,~ST: N L Nuse (CORPORATE SEAL) ROBERT E. SIEKER Individually and d/b/a KERRVILLE FLYING SERVICE By Robert E. Sicker TRANS-TEXAS AIRWAYS By Henry E. Erdmann Vice-President The City of Kerrville, Texas, acting through its Mayor and City Clerk agrees that Robert E. Sicker d/b/a Kerrville Flying Service can sub-lease the Louis Schreiner Municipal Airport to Trans-Texas Airways as per lease between Robert E. Sicker d/b/a, Kerrville Flying Service and Trans-Texas Airways dated October 30, 1953. Barney Franklin City Clerk (CORPORATE SEAZ} J. L. Bullard Mayor The County of Kerr, Texas, acting through its Commissioners' Court, agrees that Robert E. Sicker d/b/a Kerrville Flying Service can sub-lease the Io uis Schreiner Municipal Airport to Trans-Texas Airways as per lease between Robert E. Sicker d/b/a Kerrville Flying Service and Trans-Texas Airways dated October 30, 1953. Jno. R. Leavell County Judge L. M,. Guthrie Commissioner, Precinct #1 V. D. Fowell Commissioner, Precinct #2 Adolph Bartel Commissioner, Precinct #3 Lawrence Stephens Lee Goff County Clerk Commissioner, Precinct #4 o-o-o-o-o-o-o No. 6328. CONFIRMATION OF HELEN JAh?ES AS THIRD DEPUTY TAX ASSESSOR AND COLLECTOR. This the 9th day of November, A. D. 1953, came on to be considered by the Court, the appli- cation of E. H. Nichols, Tax Assessor and Collector, requesting to imploy Helen James in the ,-. place of Marea Blake as a full-time deputy, increasing her salary to the amount that he was pay- ing Marea Blake. It appearing to the Court that Helen James should be confirmed as a third deputy, to take the place oP P,4area Blake. Therefore, by motion duly made by Goff, seconded by Guthrie, and unanimously approved by the Court, that E. H. Iv'ichols, Tax Assessor and Collector, be and is hereby authorized to replace Marea Blake with Helen James as third deputy Tax Assessor and Collector. o-o-o-o-o-o-o No. 6329. AppZICATION BY SHERIFF MOORE TO MARK OFF PARKING SPACES ADJACENT TO THE COURT HOUSE BUILDING, AND ORDER AUTHORIZING SUCH REQUEST AND TO MARK OFF OUTER CIRCLE OF COURT HOiTSE S~'UARE. This the 9th day of November, A. D. 1953, came on to be considered by the Court the request of Oliver Moore, Sheriff, to mark off four reserved parking spaces for the Sheriffs office in- cluding a reserved space for E. H. ATichols, Tax Assessor and Collector, and Lawrence Stephens, County Clerk, and leave an additional space for a walk for pedestrians. It appearing to the Court that such request should be granted and that the Sheriff should be further authorized and .... ~ directed to mark off the outer paved circle within the Court House Square with the assistance of the City Street Department. Therefore, by motion duly made by Goff, seconded by Bartel, the vote carried with Commissioner Powell absent from the room, it is so ordered that Sheriff Moore be and is hereby authorized and directed to work in con~unetion with the City Street Department in mnwlri nn n~P 4~ +t. .. ....-t.: ..- ______ __ ~. _