Res 108-2023 Lease Agreement with Wichita Falls Railroad Museum 09/19/2023 Resolution No. 108-2023
Resolution authorizing the City Manager to execute a one-year lease
with the Wichita Falls Railroad Museum, a Texas nonprofit
corporation, for the use of City-owned property located at LaSalle and
9th Streets downtown
WHEREAS, a railroad museum serves as a custodian of our rich railway history,
preserving artifacts, equipment, and stories that would otherwise be lost to time, and
reopening the railroad museum presents numerous educational benefits and attracts
tourists and visitors from far and wide, contributing to the local economy; and,
WHEREAS, the Wichita Falls Railroad Museum desires to lease property at
LaSalle and 9th Streets for the display of trains, railroad-related memorabilia, and other
local historical items owned by the City of Wichita Falls; and,
WHEREAS, the City Council of Wichita Falls determines this lease serves a
governmentally-related municipal public purpose; and,
WHEREAS, the City Council of Wichita Falls and Wichita Falls Railroad Museum
desire to enter into a one-year lease agreement for operations and management of the
railroad museum.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to negotiate and execute a Lease Agreement with
Wichita Falls Railroad Museum for the management, operations, and maintenance of the
Railroad Museum in a form approved by the City Attorney incorporating the material lease
terms found in the commentary.
PASSED AND APPROVED this the 19th day of September, 2023.
MAYOR
ATTEST:
71/
City lerk 0
COMMENTARY: Previously, the City and a former iteration of the nonprofit Wichita
Falls Railroad Museum (WFRRM) entered into a lease agreement to facilitate the
organization's management and operation of a railroad museum on City-owned property
at LaSalle and 9th Street in downtown. In 2020, the now-previous iteration of the
WFRRM nonprofit disbanded, vacated the City-owned facility, leaving behind all of the
museum's holdings and railcars which then became the property of the City. Now, a
new, reconstituted WFRRM nonprofit organization wishes to enter into a new lease to
operate and reopen the museum.
Material provisions of the proposed lease agreement are:
• Term of the agreement is for one (1) year, commencing upon execution of said
agreement by both parties, with the agreement renewing for eee (amended to
two (2)) additional 1-year term upon agreement by both parties. The agreement
can be terminated by either party with a 60-day notice;
• WFRRM shall at minimum open and operate the museum on Fridays from 8 a.m.
to 3 p.m. and Saturdays from 8 a.m. to 6 p.m. unless modified in consultation
with the City;
• WFRRM is responsible for the management, operation, maintenance, marketing,
and promotion of the facility;
• WFRRM is responsible for all utilities and any taxes;
• WFRRM shall obtain and retain for the entirety of the agreement general liability
insurance in an amount of at least $500,000, and commercial property insurance
in an amount of at least $1 .0M (amended to $250,000) and name the City of
Wichita Falls as an additional insured. Commercial property insurance shall
cover the building, the contents of the building, and the rail cars;
• Any repairs or restoration of the railroad cars shall be submitted to the City for
prior written approval;
• WFRRM is responsible for preparing and maintaining annual budgets, audits,
and financial records consistent with standard procedures for nonprofits;
• WFRRM shall create a board position for the City. The mayor shall appoint;
• All materials within the museum and on museum grounds shall remain the
property of the City of Wichita Falls (amended to add: "including the 304
locomotive and all rail cars, and the City nor WFRRM shall not sell such.")