~~a~
'I
N0. 10473 APPROVAL OF CLAIMS AND ACCOUNTS
~- On this the 17th day of March 1967, came on to be examined by the Court the various
claims and accounts against Kerr County and the respective Commissioners Precincts since
the last term of Court, which claims and accounts were approved for payment by the Clerk
and Treasurer, in amounts and out of General, Ufficers Salary, Jury and F. M. 689 #2 R/W
Funds, as shown in the Minutes of Accounts Allowed on page 1065, Voucher Nos. 17620 thru
17624 which were made a part hereof and of this order.
Motion made by Commissioner Stone, seconded by Commissioner Schwethelm and unanimously
approved by the Court.
o-o-o-o-o-o-o-o-o-o
COURT RECESSED March 17, 1967 at 10:15 o'clock A.M.
o-o-o-o-o-o-o-o-o-o
COURT CONVENED IN SPECIAL SESSION March 31, 1967 at 9:30 o'clock A.M., with the follow-
ing officers present:
Julius R. Neunhoffer
"~ W. C. Schwethelm
Clinton D. Burney
Adolph Bartel
County Judge
Commissioner Precinct 1
Commissioner Precinct 2
Commissioner Precinct 3
and the Court having duly opened, the following proceedings were had:
N0. 10474 ORDER APPROVING LEASE TO DUKES ASTRONAUTICS COMPANY AS TO A PORTION OF CITY-COUNTY
AIRPORT PROPERTY
On this the 31st day of March, 1967, came on to be heard and considered by the Court
the request of Dukes Astronautics Company, a corporation chartered under the laws of the
State of California, to lease a portion of the City-County airport property known as Louis
Scrireiner Field; and,
It appearing to the Court after due consideration that the said proposed lease as to
two acres of land out of Survey 44, 0. V, Robinson, would be in the public interest and
would serve to further the development of the said airport as a public aviation facility;
and,
It further appearing that the Federal Aviation Agency has approved the proposed lease
"' and that the City of Kerrville has done likewise;
It is ordered on motion by Commissioner Schwethelm, seconded by Commissioner Burney,
and unanimously approved by the Court that Kerr County join with the City of Kerrville in
granting the proposed lease to the said Dukes Astronautics Company; and,
It is further ordered that the County Judge be and is hereby authorized to execute the
said lease on behalf of Kerr County and that the Clerk record a copy of the executed agree-
ment in the minutes of the Court._ _ _ _
o- Q-p-o-q -o
CC)UR'Y ADJOURNrD t?arch 31, ~9~7 a~ y: +5 o c ocl; A.M. -
o-o-o-o-o-o-o-o-o-o
CITY OF KERRVILLE, TEXAS
ORDINANCE NU. 67-9
AN ORDINANCE BY '1'HE CITY OF KERRVILLE, TEXAS, AUTHORI`LING THE CITY OF KERRVILLE Y'U LEASE
1'0 DUKES ASTRONAUTICS COMPANY A CERTAIN TWO ACRE 'rRAC'1' OF LAND OUT OF AND A PART OF THE
0. V. ROBIN SON SURVEY N0. 44, ABS'PRACT NU. 282, THE SAME BEING A PART OF `1'HE LOUIS SCHREINEB
AIR FIELD, KERRVILLE MUNICIPAL AIRPORT, LOCATED IN KERR COUNTY, TEXAS, 0`rINED BY THE CITY
OF KERRVILLE ANli TAE COUNTY OF KERR, AND ENACTING OTHER PROVISIONS INCIDENT AND RELATING
TO THE SJBJECT AND PURPOSE OF `PHIS ORDINANCE.
-' WHEREAS, Dukes Astronautics Company submitted a proposed lease agreement to lease a
two acre tract of land located at the City-County owned airport upon terms and conditions
set forth in said lease agreement; arid,
ti9HEREAS, it is necessary and proper that the City Council of the City of Kerrville,
4~4
Texas, enter into said lease agreement of said property and do other things incident
thereto; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:
SECTION 1. That the City of Kerrville, Texas, lease to Dukes Astronautics Company,
a California corporation of Los Angeles County, California, all that certain tract or
parcel of land lying and being situated in the County of Kerr, State of Texas, and more
particularly described in the lease agreement attached hereto and described in Section 2
hereof; subject, however, to the restrictions referred to in Section 3 hereof.
SECTION 2. The Mayor of the City of Kerrville is authorized to execute, and the
City Clerk is authorized and directed to attest and affix the corporate seal of the "City
of Kerrville, Texas" upon, the lease agreement to be of the same language and tenor set
forth in the copy of said lease agreement attached hereto and made a part hereof as though
copied herein at length word for word, such lease agreement having been submitted to the
City Council of the City of Kerrville, and the same having been read, studied and under-
stood and approved by the members of such Council.
SECTION 3. That the lease agreement herein described is hereby specifically made
subject to the reservations, restrictions and conditions placed upon the Louis Schreiner
Airfield, Kerrville Municipal Airport, Kerrville, Texas, by that certain agreement between
the City of Kerrville, Texas, and the United States of America, all as is more fully set
forth in said agreement dated the 22nd day of April, 1948, and recorded in Volume 84, page
137, of the Deed Records of Kerr County, Texas, to which instrument and its record refer-
ence is here made for all purposes.
SECTION 4. That any and all other necessary and related instruments or documents
incident to the carrying out of the purpose of this ordinance shall be signed by the Mayor
and attested by the City Clerk, and the corporate seal of the "City of Kerrville, Texas"
shall be impressed upon each of such instruments, and, further, the Nlayor, the officers
and employees of the City of Kerrville shall be, and they are hereby authorized and direct-
ed to do all things necessary and proper to carry out the terms and purposes of this
ordinance.
PASSED AND APPROVED ON FIRST READING this 28th day of March, 1967.
PASSED AND APPROVED ON SECOND READING this 30th day of March 1967.
PASSED AND APPROVED ON THIRD AND FINAL HEADING this 31st day of March 1967.
/s/ Walter Cummings
/t/ Walter Cummings, Mayor
City of Kerrville, Texas
ATTEST:
/s/ Kenneth Loyd (Seal)
/t/ Kenneth Loyd, City Clerk
City of Kerrville, Texas
`1'HE STATE OF TEXAS ~
COUNTY OF KERR ~
o-o-o-o-o-o-o-o-o-o
KNOW ALL MEN BY 'PHESE
PRESENTS:
THIS LEASE AGREEMENT made and entered into by and between the Lessors as composed of
the CITY OF KERRVILLE, which is a municipal corporation under the laws of the State of
Texas and is the County Seat of Kerr County, Texas, acting herein by and through its Mayor
and City Clerk, duly authorized to execute this instrument by ordinance heretofore
properly passed by the City Council of said City of Kerrville, and the COUNTY OF KERR,
State of Texas, which is a governmental subdivision of the State of Texas, acting herein
~t(J
by and through its County Judge, duly authorized to so act by order heretofore passed by
^ the Commissioners Court of Kerr County, Texas, for such purpose as is recorded in the
Minutes of said Court, the said City and County being joint owners of the hereinafter
described property, and DUKES ASTRONAU'1'ICS COMPANY, a private corporation, duly incorporat-
ed under the laws of the State of California, having its principal place of business in
South Gate, California, and acting herein by and through its president and secretary, duly
authorized to execute this instrument by resolution heretofore properly passed, hereinafter
referred to as Lessee;
W I T N E S S E T H:
I
SUBJEC'1' MATTER
Lessors have this day leased and let, and by these presents do lease, let and demise
unto Lessee, upon the terms and conditions and subject to the matters hereinafter set forth,
all of the following described real estate in Kerr County, Texas, to-wit:
All that certain tract or parcel of land lying and being situated in the County of
r-
Kerr, State of 'Texas, comprising 2 acres of land out of Original Survey No. 44, 0. V.
Robinson, Abstract No. 282, being part of the Louis Schreiner Airport, and being more
particularly described by metes and bounds as follows, to-wit:
-1-
BEGINNING at a creosoted post, a fence corner, the Southwest corner of Lot No. 16 of
Shady Grove Subdivision as recorded in Volume 1 at page 48 of the Plat Records of Kerr
County, Texas, being a corner of the said airport property;
THENCE with existing fence, the East line of said Kerrville Municipal Airport, N. 2°
W. 466.9 feet;
THENCE S. 88° W. 186.6 feet to the East line of 70 foot wide strip reserved for an
access roadway;
'THENCE S. 2° E. 466.9 feet with the East line of said roadway to a creosoted post at
a fence corner, the Northwest corner of Lot 17 Shady Grove, a re-entrant corner of the
said airport property;
^ THENCE N. 88° E. 186.6 feet to the PLACE OF BEGINfdING:
Subject, however, to any and all restrictions, covenants, conditions, rights-of-way,
and easements, if any, affecting the above described property that are valid, existing and
properly of record.
II
CONSIDERATION
In consideration of the foregoing, Lessee is bound and obligated:
A. To pay to the Lessors at Kerrville, Kerr County, Texas, the sum of $20.00 per
month, due and payable on the 10th day of each month.
B. Within a reasonable time after the execution of this lease, Lessee will commence
and thereafter diligently prosecute and complete the construction of a building to be used
for the purposes hereinafter set forth, except no unfinished corrogated galvanized metal
shall be used on exterior; the same to contain not less than ten thousand square feet and
to be constructed of fire-resistant material.
C. To fence its premises with a good and sufficient fence at its own cost and expense
within a reasonable time after the execution of this lease.
D. To provide and maintain its own water supply, with such water meeting the require-
menu for State of Texas approval.
~-~(i
E. To maintain the buildings constructed on said lands in a state of good repair
at all times during the life of this lease. ^
F. To save and keep harmless Lessors in all respects by reason of its occupancy
and use of any portion of the airfield, ar~d by reason of any acts of its agents, employees,
servants and any other person or thing on said premises, to effectuate which Lessee shall -2-
carry liability insurance in the amounts of not less than $50,000 each person, $100,000
each accident, and $50,000 property damage, showing Dukes Astronautics Co. as Operator
and Lessee, and the policy endorsed showing the City of Kerrville, Texas, and Kerr County,
Texas, as collateral interest as Owners and Lessors. All insurance policies covering
all interest specified in this lease shall. be submitted to Lessors and shall be subject
to acceptance by Lessors by their standards as to company and/or group stability.
G. Lessee shall at all times during the continuance of this agreement, at its own
expense, provide for adequate and sanitary disposal of sewage in accordance with Texas
State Health Department recommendations; keep the said premises free from trash, junk and
garbage, and provide for the off-airport premises disposal of any such trash, junk and/or
^
garbage.
III
RIGHT OF FIRST REFUSAL
For the same consideration above mentioned, Lessors do hereby give and grant to the
Lessee the privilege or right of first refusal to lease an additional two (2) acres of
land located immediately north of and adjacent to the above described tract of land.
Lessors agree that prior to leasing said two (2) additional acres to any other person,
firm or corporation, Lessors will first offer to lease the same to Lessee on such terms
and conditions as shall be mutually agreed upon. Lessors' said offer of the additional
two C2) acres shall be in writing and Lessee shall have thirty (30) days thereafter within
which to exercise its said right.
IV
TERM OF LEASE
The lease of the above described premises shall be for a term of twenty (20) years
commencing from date of execution; provided, however, that on or before the expiration
date of the primary term of this lease, Lessee shall have the right and option to renew
this lease for an additional ten (10) years for the same rental and under the same terms, -3-
covenants and agreements of this lease. Lessee shall have the right to exercise said
option by giving notice in writing by registered mail or certified mail addressed to
Lessors at the same address rental checks are mailed, on or before ninety (90) days of
the date of expiration of this lease.
V
PURPOSE OF LEASE
It is particularly stipulated by the parties to this lease agreement that the buildings
and premises hereinabove described and hereby leased are to be used for the purpose of
manufacturing and servicing of aircraft systems and components, including pressurization
equipment and accessories. Lessee specifically agrees and covenants not to engage in the ""
business of selling gasoline and oil.
VI
ROADWAYS
`~O~
Lessors are obligated to provide the following facilities in connection herewith:
^ Lessors agree to construct and maintain the road from the public road presently serving
Dugosh Aircraft Service Co ., Inc. to the Northwest corner of said tract, the same to be
topped with gravel and to be of sufficient width to accomodate two-lane traffic.
VII
COMPLIANCE WITH REGULATIONS
Lessee obligates itself to comply with all regulations set up by the Federal Aviation
Agency, federal, state and municipal laws, and will not permit the premises covered by this
lease agreement to be used for any unlawful or improper purposes. Further, Lessee agrees
to abide by all future regulations hereafter enacted by said authorities.
VIII
TERMINATION
This lease agreement may be terminated by:
A. Lapse of time;
-4 B. After the ex iration of one 1
p ( ) year from commencement oŁ operations, forfeiture
^
in the event Lessee fails, for any consecutive six (6) months, to have on its payroll
three (3) regular employees employed on the leased premises, which condition of affairs
would render this lease agreement subject to cancellation, and in which event Lessee
agrees to deliver up said premises. Should Lessee's operations be discontinued for more
than six (6) months as a result of a strike or vis major, such discontinuance shall not be
considered as grounds for termination of this lease agreement.
C. The United States Government's requiring the use of said premises in the event
of a national emergency or for any defense program or defense purpose on the part of the
government, in which event Lessee agrees to deliver up possession within ninety (90) days
after notice. After use by the United States Government has terminated, if, in fact, the
government has taken over the airport, then the said Lessee is entitled to re-enter the
leased premises covered by this lease agreement and resume its operation, and such loss
of time shall be added to the term of the lease agreement so that the full term may be
^ enjoyed by Lessee without being penalized with the occupancy of the United States Govern-
ment. If the United States Government does take over said airport, as herein provided,
then such time of occupancy by the government would be construed as coming within the
provisions of subsection B of this Item VIII, and shall not be considered as a lapse of
this agreement.
D. Provided always, and these presents are upon this condition, that if Lessee does
not or shall neglect or fail to perform and observe any or either of the covenants contain-
ed in this instrument, which on its part are to be performed, or shall be declared bankrupt
according to law, or if any assignment shall be attempted to be made of said property for
the benefit of creditors, then in either of said cases, but subject to subsection E herein-
below, Lessors lawfully may immediately, or at any time thereafter, and whilst such neglect
or default continues, and after thirty (30) days notice or demand, enter into and upon
the said premises, or any part thereof, in the name of the whole, and repossess the same
-5- as of their former estate, and expel the Lessee and remove its effects (forcibly, if
.-
~ necessary) without being taken or deemed guilty of any manner of trespass, and without
prejudice to any remedies which might otherwise be used for possession or for arrears of
rent, and that upon entry as aforesaid, the rights of Lessee in this lease shall cease
and be ended.
~~~
E. Should Lessee fail to perform and observe or neglect to perform for a period of
ninety (y0) days, within which time Lessee shall have the opportunity to correct such .-..
neglect or omission, after which period of time inspection shall be had (to be made by
competent engineers) to determine whether compliance has been met before such failure or
neglect to perform may be considered as a ground for termination.
IX
DELIVERY OF POSSESSION
Lessee obligates itself to deliver up possession of the premises covered by this lease
agreement in a good state of repair at the termination of this contract, whether terminated
by lapse of time, forfeiture, demand of the government, or otherwise, normal wear and tear
expected.
X
SUB-LEASE
Lessee shall not be permitted to sublet the premises hereby leased except with the
written consent of Lessors; however, Lessee shall be permitted to hypothecate and mortgage
the premises hereof without the consent of the Lessors. In the event of a foreclosure by
such mortgagee, then the purchaser at any such foreclosure sale (including the mortgagee if
it be the purchaser) shall be substituted as Lessee under the terms of this lease, and
this lease shall continue in full force and effect according to its terms; provided,
however, that such substituted Lessee shall promptly pay to Lessors any arrears of rent,
if any there be, and otherwise properly perform any covenants of this lease which Lessee
had theretofore failed or refused to perform.
Lessors hereby consent to Lessee's subletting of five thousand square feet in the
above described building to be constructed to Mooney Aircraft, Inc.
XI
SUPPLY OF MATERIALS, ETC.
It is further agreed that should a delay or discontinuance in Lessee's operations be
occasioned as a result of inability to purchase materials, equipment or other essential
components and parts required in Lessee's operations as a result of short supply, or should
such materials, equipment or components and parts be classified by the United States
Government as strategic and a priority be placed thereon by the government thereby rendering
it impossible for Lessee to obtain same for its operation, then and in either of such
events, such period of time shall not be considered as grounds for termination under the
one (1) pear clause or otherwise for as long as such conditions shall exist.
XII
MAINTENANCE OF AIRPORT
Lessors agree and are hereby obligated to continue operations of Louis Schreiner Air-
field, Kerrville Municipal Airport, during the period of this lease agreement, and to
maintain said airfield in good, usable condition and repair, for which purpose it was
created.
XIII
ENP'OHCEMENT
This contract is made, executed and performable in Kerr County, Texas, and it is
agreed that any suit or cause of action arising out of, from or by virtue of this lease
-6-
agreement shall be filed in Kerr County, Texas, the place of venue Łor any such action.
48y
Further, it is agreed that the laws of the State of Texas shall be applicable in the
-7- construction and enforcement of this agreement.
XN
SUCCESSORS AND ASSIGNS
This agreement shall be binding upon the parties hereto, their successors, legal
representatives and assigns; and it is expressly agreed and understood that if any portion
of this lease agreement shall be declared invalid by the operation of any statute or by
any court decision, then and in either event, such partial invalidity shall never destroy
or vitiate the entirety of this lease.
IN WITNESS WHEREOF, the parties hereby have caused these presents to be executed in
triplicate originals this the 31st day of March 1967, pursuant to the ordinance and resolu-
tions heretofore enacted and passed, duly authorizing the execution of this lease by the
signatories appended thereto.
LESSORS:
CITY OF KERRVZLLE, TEXAS
By /s/ Walter Cummings
/t/ Walter Cummings, Mayor
ATTEST:
/s/ Kenneth Loyd
/t/ Kenneth Loyd,
City Clerk
(Seal)
COUNTY OF KERR
By /s/ Julius R. Neunhoffer
/t/ Julius R. Neunhoffer,
County Judge
-8-
ATTEST:
/s/ Emmie rI. Muenker (Seal)
/t/ Emmie M. Muenker, County Clerk
and Ex Officio Clerk of the
Commissioners Court of
Kerr County, Texas
By Estella Witt, Deputy
LESSEE:
DUKES ASTRONAUTICS COMPANY
By /s/ M. A. Wachter,
/t/ M. A. Wachter, President
A'PY'EST:
/s/ Darrold R. Wetmore
/t/ Darrold R. Wetmore, Secretary-
Treasurer
THE STATE OF TEXAS ~
COUNTY OF KERR ~
(Seal)
BEFORE ME, the undersigned authority, a Notary Public in and for Kerr County, Texas,
on this day personally appeared Walter Cummings, Mayor of the City of Kerrville, Texas,
known to me to be the person and officer whose name is subscribed to the foregoing instru-
ment and acknowledged to me that the same was the act of the said City of Kerrville, Texas,
a municipal corporation, that he was duly authorized to perform the same by an ordinance
passed by the City Council of the said City of Kerrville, Texas, and that he executed the
same as the act of said municipal corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFI'ICE this the 31st day of March, A.D. 1967.
(Seal) /s/ Juanita Hurst
-y- Notary Public in and for Kerr County, Texas
~-()Il
My commission expires June 1, 1967.
THr: STATE OF TEXAS ~
COUNTY OF KERR ~ BEFORE ME, the undersigned authority, a Notary Public in and
for Kerr County, Texas, on this day personally appeared Julius R. Neunhoffer, Judge of
the County of Kerr, State of Texas, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act
of the said County of Kerr, a governmental subdivision of the State of Texas, that he
was duly authorized to perform the same by an order duly passed by the Commissioners Court
of the said County of Kerr, State of Texas, and that he executed the same as the act of
said governmental subdivision for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAPdD A?~TD SEAL OF OFFICE this the 31st day of March, A.D. 1967.
(Seal) /s/ Agnes MacDonald
My commission expires June 1, 1967.
Notary Public in and for Kerr County, Texas
THE STATE OF CALIFORNIA ~
CUUNTY OF LOS ANUELLS ~ BEFORE ME, the undersigned authority, on this day
personally M. A. Wachter, President of Dukes Astronautics Company, a corporation,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAT, OF OFFICE on this the 21st day of March, A.D. 1967
(Seal)
/s/ Henry Carbajal
Notary Public in and for
Los Angeles County, California
My Commission Expires August 2, 1969
Filed 3 day of Apr. A.D. 1967
/s/ Emmie M. Muenker
Clerk County Court, Kerr County, Texas
o-o-o-o-o-o-o-o-o-o
'Phe foregoing minutes from page 479 thru 490 were read in open Court and found correct
and are hereby approved this 10th day of April 1967.
AT'1'EST ~ `
County Clerk, Kerr County, Texas 'ounty Judge, Kerr
Texas
-10-
df% ~„
o-o-o-o-o-o-o-o-fo-o-o