Res 172-97 11/18/1997RESOLUTION NO. %%%
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH THE NORTH TEXAS RADAR COUNCIL,
INC. FOR PURPOSES OF OPERATING THE WSR -74C RADAR.
WHEREAS, the City of Wichita Falls, Texas has acquired federal surplus
Property through the state General Services Commission; and,
WHEREAS, the North Texas Radar Council, Inc. (NTRC) desires to lease the
radar from the City and operate during storm times as well as utilize the radar as an
educational tool for school children and other interested citizens, and,
WHEREAS, the City finds that leasing the radar to NTRC is in the public interest
and should provide additional storm warning protection to the general public as well as
education benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SectSe The City Manager is hereby authorized to execute a lease with the
North Texas Radar Council, Inc. for purposes of operating the WSR -74C radar currentl
located at the municipal airport. Y
PASSED AND APPROVED this 18th day of November, 1997.
ATTEST:
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City Cl. erk
R
MAY
LEASE OF WSR -74C RADAR TO
NORTH TEXAS RADAR COUNCIL, INCORPORATED
STATE OF TEXAS §
COUNTY OF WICHITA §
This lease agreement is made and entered into this the 10th day of December
1997, by and between the City of Wichita Falls (hereinafter called "Cit " '
Radar Council, a non - profit corporation (hereinafter called "NTRC "), y) and the North Texas
WHEREAS, the City is the owner of a WSR -74C weather radar unit which has been
acquired from the National Weather Service via the State of Texas , General Services
Commission, Federal Surplus Property Program; and,
WHEREAS, NTRC desires to lease the radar from City and operate it during storm times
as well as utilizing the radar as an educational tool for school children and other interested
citizens; and,
WHEREAS, the City finds that leasing the radar to NTRC is in the public interest and
should provide additional storm warning protection to the general public as well as educational
benefits and does hereby lease unto NTRC the WSR -74C radar unit under the following terms
and conditions:
1• 1kLM1AR!jCQRdifiML City shall lease unto NTRC one WSR -74C radar unit for
a rental of One Dollar ($1.00) per year and other good and valuable consideration hereinafter
expressed. The components of the radar unit are described in the attached Exhibit A, the same
made a part hereof for all purposes. The initial lease term shall be for a period of one year, which
term shall automatically renew on the anniversary date hereof unless either party gives notice of
its intent to terminate this lease at least thirty (30) days prior to any anniversary date or the lease
is terminated as otherwise provided herein.
2• NTRC shall be responsible for obtaining and maintaining any necessary FCC
licenses to operate the radar unit and shall operate said unit in compliance with all licensing
requirements.
3• NTRC shall keep the radar unit in good operating condition and shall be
responsible for all necessary maintenance and repairs to insure that the unit operates within its
technical specifications. Upon termination of the lease, the radar unit shall be returned to the City
in as good condition as the unit was when received, reasonable wear and tear excepted.
4• All costs associated with moving the radar unit from its present location to an
alternate site or a mobile site shall be borne by NTRC. In no event shall the equipment presently
located in the office space formerly leased to the National Weather Service remain in said office
beyond April 1, 1998.
z
5. It is the intent of the parties that the existing radar tower at the Wichita Falls
Municipal Airport shall remain and be available for use by NTRC for the purposes expressed
herein, conditioned upon Corps of Engineers' approval.
6. NTRC shall indemnify and hold harmless the city from all claims for damages
arising out of the use, operation, relocation or maintenance of the radar unit and shall carry
liability insurance showing the City as co- insured in an amount not less than the liability limits of
th Texas Tort Claims Act.
7. In leasing the WSR -74C radar unit to NTRC, the City makes no warranties as to
the fitness or condition of the unit and NTRC accepts same in an "as is" condition.
8. Should NTRC cease to exist or fail to operate the radar unit as contemplated by
this agreement, -then the City may immediately terminate this lease and the WSR -74C radar unit
shall be returned to the City. In such event, the City shall be under no obligation to continue the
radar operation, and it is the intent of the parties that the radar unit will be advertised and sold in
accordance with federal requirements and state law, with the proceeds to be deposited in the
City's general fund, if applicable.
9. NTRC shall not assign this lease nor sublease the radar unit without the express
written consent of the City.
10. This agreement may not be changed or modified except by an instrument in
writing duly executed by both parties hereto.
11. The parties have caused this instrument to be executed by their duly authorized
officers as of the day and year set out above.
12. The City retains the right to observe and evaluate equipment at any reasonable
time while being leased to NTRC.
NTRC. 13. The City may cancel this lease without cause with 30 days written notice to
City " 7ichita Falls, Tex
�Jes Berzma, City N4anager
North Texas Radar Council, Inc.
By:
David Briggs, President
EXHIBIT A
LIST OF REQUEBTRD ITRU
1. Operating console - Unit 1 Serial 174 -28 Enterprise se Electro i nc
2. A - Indicator - Transmitter Receiver Control Panel
3. Plan Position Indicator
4. Range Height Indicator
5. Digital Video Interrogator Processor
6. Isolation Distribution Equipment
7. FDC Power Supply -
8• Azimuth and Elevation Servo Amplifier
9• WSR74C Transmitter Receiver Serial 174 -28
10. Control DC Voltage Monitor
11. Antenna Tower
12. Radom
13. Radar Antenna
14. Assorted Test Equipment
15. Operating Manuals
16. Repair Manuals
LEASE OF WSR -74C RADAR TO
NORTH TEXAS RADAR COUNCIL, INCORPORATED
LEASE OF WSR -74C RADAR y
TO NORTH TEXAS RADAR COUNCIL, INCORPORATED
STATE OF TEXAS §
COUNTY OF WICHITA §
\r-�__
This lease agreement is made and entered into this day of
1997, by and between the City of Wichita Falls (hereinafter
called "City") and the North Texas Radar Council, a non - profit corporation
(hereinafter called "NTRC ").
WHEREAS, the City is the owner of a WSR -74 -C weather radar unit which
has been acquired from the National Weather Service via the State of Texas, General
Services Commission, Federal Surplus Property Program.
WHEREAS, NTRC desires to lease the radar from City and operate it during
storm times as well as utilizing the radar as an educational tool for school children
and other interested citizens; and,
WHEREAS, the City finds the leasing the radar to NTRC is in public interest
and should provide additional storm warning protection to the general public as well
as educational benefits and does hereby lease unto NTRC the WSR -74C radar unit
under the following terms and conditions:
1. Terms and Conditions, City shall lease unto NTRC on WSR -74C radar unit
for a rental of One Dollar ($1.00) per year and other good and valuable consideration
hereinafter expressed. The components of the radar unit are described in the attached
Exhibit A, the same made a part hereof for all purposes. The initial lease term shall
be for a period of one year, which term shall automatically renew on the anniversary
date hereof unless either party gives notice of its intent to terminate this lease at least
thirty (30) days prior to any anniversary date or the lease is terminated as otherwise
provided herein.
2. NTRC shall be responsible for obtaining and maintaining any necessary
FCC licenses to operate the radar unit and shall operate said unit in compliance with
all licensing requirements.
3. NTRC shall keep the radar unit in good operating condition and shall be
responsible for all necessary maintenance and repairs to insure that the unit operates
within its technical specifications. Upon termination of the lease, the radar unit shall
be returned to the City in as good condition as the unit was when received, reasonable
wear and tear excepted.
4. All costs associated with moving the radar unit from its present location to
an alternate site or a mobile site shall be borne by NTRC. In no event shall the
equipment presently located in office space formerly leased to the National Weather
Service remain in said office beyond April 1, 1998.
5. It is the intent of the parties that the existing radar tower at the Wichita Falls
Municipal Airport shall remain and be available for use by NTRC for the purposes
expressed herein, conditioned upon Corps of Engineers' approval.
6. NTRC shall indemnify and hold harmless the City from all claims for
damages arising out of the use, operation, relocation or maintenance of the radar unit
and shall carry liability insurance showing the City as co- insured in an amount not
less than the liability limits of the Texas Tort Claims Act.
7. In leasing the WSR -74C radar unit to NTRC, the City makes no warranties
as to the fitness or condition of the unit and NTRC accepts same in an "as is"
condition.
8. Should NTRC cease to exist or fail to operate the radar unit as contemplated
by this agreement, then the City may immediately terminate this lease and the WSR-
74C radar unit shall be returned to the City. In such event, the City shall be under no
obligation to continue the radar operation, and it is the intent of the parties that the
radar unit will be advertised and sold in accordance with state law and the proceeds
deposited in the City's general fund.
9. NTRC shall not assign this lease nor sublease the radar unit without the
express written consent of the City.
10. This agreement may not be changed or modified except by an instrument
in writing duly executed by both parties hereto.
11. The parties have caused this instrument to be executed by their duly
authorized officers as of the day and year set out above.
Un
City of Wichita Falls, Texas
North Texas Radar Council, Inc.
G�
By: �.
David Briggs, President
EXHIBIT A
LIST OF REQUESTED ITEMS
1. Operating console - Unit 1 Serial 174 -28 Enterprise Electronic
Corp.
2. A - Indicator - Transmitter Receiver Control Panel
3. Plan Position Indicator
4. Range Height Indicator
5. Digital Video Interrogator Processor
6. Isolation Distribution Equipment
7. FDC Power Supply -
8. Azimuth and Elevation Servo Amplifier
9. WSR74C Transmitter Receiver Serial 174 -28
10. Control DC Voltage Monitor
11. Antenna Tower
12. Radom
13. Radar Antenna
14. Assorted Test Equipment
15. Operating Manuals
16. Repair Manuals
LEASE OF WSR -74C RADAR TO
NORTH TEXAS RADAR COUNCIL, INCORPORATED