Ord 2084 5/11/1964 ' GENERAL CERTIFICATE
THE STATE OF TEXAS
COUNTY OF WICHITA
4ITY OF WICHITA FALLS
We, the undersigned, hereby officially certify that we
care the Mayor and City Clerk, respectively, of said City, and we
further certify as follows :
1. That the City of Wichita Falls is a duly incorporated
,Home Rule City, having more than 5000 inhabitants , operating and
existing under the Constitution and laws of the State of Texas and
!;;,the duly adopted Home Rule Charter of said City, which Charter has
,not been changed or amended since the issuance of City of Wichita
';'Falls Water and Sewer Revenue Bonds , Series 1963 , dated August 1, 1963.
2 . That no litigation of any nature has ever been filed
;,pertaining to, affecting, or contesting: (a) the ordinance
' authorizing the proposed City of Wichita Falls Airport Revenue
Bonds, Series 1964, dated April 15 , 1964, in the principal amount
lof $375 ,000, (b) the issuance, delivery, payment, security, or
validity of said proposed bonds , (c) the title of the present
members and officers of the Board of Aldermen of said City to
their respective offices , or (d) the validity of the corporate
lexistence or the Charter of said City.
3. That none of the revenues or income of said City's
Airport have been pledged or encumbered to the payment of any
debt or obligation of said City or said Airport, except in
connection with the aforesaid proposed Series 1964 Bonds .
4. That the Net Revenues of the City' s Airport, as such
�''terms are defined in the Ordinance authorizing the issuance and
,delivery of the aforesaid proposed Series 1964 Bonds , are esti-
mated and anticipated to be at least $44,000 for each Fiscal Year
;ofthe City during the period while said bonds are scheduled to
Cbe outstanding.
5 . That the
average age anaual principal and interest r e-
' quiremen�s of the aforesaid propose: Series " 964 Bonds are not
more than $27,000.
ri SIGNED AND SEALED this the 11th day of May, 1964.
rp C° y Clerk. Mayor.
(SEAL)
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CERTIFICATE FOR BOND ORDINANCE
THE STATE OF TEXAS
COUNTY OF WICHITA •
CITY OF WICHITA FALLS
We, the undersigned, Mayor and City Clerk, respectively,
of said City, hereby certify as follows :
1. That the attached and following is a true, full,
and correct copy of an Ordinance Authorizing the Issuance of
Airport Revenue Bonds duly passed by the Board of Aldermen of
I, said City at a Regular Meeting held at the regular meeting place
a;4 on the 11th day of May, 1964, which Ordinance has bee n duly
recorded in the minutes of said Board of Aldermen.
2 . That the following are the members and officers
of said Board of Aldermen:
J. Winston Wallander Mayor
D. Clifford Burross, 0 . D. McBride, •
Roy, V. Claytor, LeRoy Daniel, : Aldermen
rti Kenneth Hill, Cletus Schenk, •
livataMMOUA, Henry Mundy, City Clerk
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Vii! and all said persons were present at the time of passage of said
y Ordinance except the following absentees : No0
,
3. That said Ordinance was introduced for considera-
9M tion of said Board of Aldermen by its presiding officer and read
'1 in full, and, upon motion duly made and seconded, said Ordinance
was passed by the following vote:
nil
YEAS: All Aldermen present voted "A e."
p y
NAYS: None.
4. That each of the members and officers of said
' Board of Aldermen was duly and sufficiently notified officially
and personally, in advance, of the time, place, and purpose of
aforesaid Meeting, and that said Ordinance would beintro-
duced and considered for passage at said Meeting, and each of
said members and officers consented, in advance, to the holding
," of said Meeting for such purpose .
5 . That the Mayor of said City has approved, and
^' hereby approves, said Ordinance; that the Mayor and the City
Clerk of said City have duly signed said Ordinance; and that
said Mayor and City Clerk hereby declare that their signing of
; this Certificate shall constitute the signing of the attached
and following copy of said Ordinance for all purposes .
SIGNED AND SEALED this the 11th day of May, 1964.
y C erk Mayor
(SEAL)
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ORDINANCE NO. 2084
ORDINANCE AUTHORIZING THE ISSUANCE OF AIRPORT
REVENUE BONDS
' THE STATE OF TEXAS
COUNTY OF WICHITA :
CITY OF WICHITA FALLS
WHEREAS, the City of Wichita Falls, Texas, had a
population of more than 70,000 according to the last preceding
federal census;. and
WHEREAS, the bonds hereinafter authorized are to be
issued and delivered pursuant to Vernon' s Article 1269j -5,.
THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS:
Section 1. That said City' s negotiable coupon bonds to be
g otiable cou P
designated the "City of Wichita Falls Airport Revenue Bonds ,
Series 1964,11 are hereby authorized to be issued and delivered
in accordance with the Constitution and laws of the State of
Texas in the principal amount of 375 000 for the purpose of
principal $ � P P
enlarging, extending, ' repairing, and improving said City' s
Airport.
Section 2. That said bonds shall be dated April 15,
1964, shall be numbered consecutively from 1 through 75, shall
yA be in the denomination of $5 ,000 each, and shall mature and be-
come due and payable serially on April 15 in each of the years,
, and in the amounts , respectively, as set forth in the following
schedule :
YEARS AMOUNTS YEARS AMOUNTS.
1 1965 $10,000 1975 $20,000
1966 . 10,000 1976 20,000
1967 15,000 1977 20,000
1968 15,000 1978 20,000
1969 15,000 1979 20,000
1970 15 ,000 1980 25,000
1971 . 15,000 1981 25,000
1 1972 15,000 1982 25,000
1973 20,000 1983 25,000
1974 20,000 1984 25,000
Section 3. That as to said bonds scheduled to mature
on and after April 15 , 1970, said City shall have the right and
'! option to redeem such bonds prior to their scheduled maturities,
, in whole, or in part, on April 15, 1969, or on any interest pay-
ment date thereafter, for the principal amount thereof plus
accrued interest to the date fixed for redemption.
At least thirty days before the date fixed for any
such redemption, the City shall cause a written notice of such
redemption to be published at least once in a financial publi-
cation published in the State of Texas . By the date fixed for
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any such redemption, due provision shall be made with the paying
agent for the payment of the principal amount of the bonds to be
so redeemed, plus accrued interest thereon to the date fixed for
redemption. If the written notice of redemption is published,
and if due provision for payment is made, all as provided above,
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p the bonds , which are to be so redeemed, thereby automatically
shall be redeemed prior to maturity, and they shall not bear
' r interest after the date fixed for redemption, and shall not be
regarded as being outstanding except for the purpose of receiv-
ing the funds so provided for such payment.
ill Section 4. That said bonds shall bear interest from
SIG their date, until maturity or redemption, at the following rates
)1, all bonds scheduled to mature during the years
1965 through 1969 34% per annum;
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all bonds scheduled to mature during the years
1970 through 1974 31/2% per annum;
all bonds scheduled to mature during the years
1975 through 1979 3-3/4% per annum;
all bonds scheduled to mature during the years
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1980 through 1984 4% per annum;
with said interest to be evidenced by interest coupons payable
°I April 15, 1965, and semi-annually thereafter on each October
15 and April 15 .
Section 5 . That the principal of and interest on said
bonds shall be payable to bearer, in lawful money of the United
States of America, without exchange or collection charges to the
bearer, upon presentation and surrender of proper bond or inter-
F1 a. est coupon, at the City National Bank in Wichita Falls, Wichita
II
Falls , Texas , which P lace shall be the paying g agent for said
bonds .
Section 6. That each of said bonds and interest
'; _coupons shall be signed by the imprinted or lithographed fac-
simile signature of the Mayor of said City and countersigned by
! the imprinted or lithographed facsimile signature of the City
Clerk of said City, and the official seal of said City shall be
impressed, or printed, or lithographed on each of said bonds.
Section 7. That the form of said bonds , including
the form of Registration Certificate of the Comptroller of Public'
il; Accounts of the State of Texas to be printed and endorsed on
each bond, and the form of the interest coupons to be attached
to said bonds, shall be, respectively, substantiall as follows :
� � substantially
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(FORM OF BOND)
11,1 NO $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF WICHITA
CITY OF WICHITA FALLS AIRPORT REVENUE BOND �
SERIES 1964
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On April 15 , 19 the City of Wichita Falls , in the
County of Wichita, State of Texas , promises to pay to bearer the
principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the rate
%of /o per annum, evidenced by interest coupons payable April
15 , 1965, and semi-annually thereafter on each October 15 and
April 15 while this bond is outstanding. The principal of this
bond and the interest coupons attached hereto shall be payable
to bearer, in lawful money of the United States of America, with
13 out exchange or collection charges to the bearer, upon presen-
tation and surrender of this bond or proper interest coupon, at
P the City National Bank in Wichita Falls , Wichita Falls, Texas ,
y- which place shall be the paying agent for this Series of bonds.
This bond is one of a Series of negotiable coupon
bonds dated April 15 , 1964, issued in the principal amount of
$375,000 for the purpose of enlarging, extending, rep 0
airinq�
Po, ) P P b7 t?) repairing,
j and improving said City's Airport.
The bonds of this Series scheduled to mature on and
after April 15, 1970, may be redeemed prior to their scheduled
0 maturities , in whole, or in part, at the option of said City,
on April 15, .1969, or on any interest payment date thereafter,
1 for the principal amount thereof plus accrued interest to the
u date fixed for redemption. At least thirty days before the date
P thirty Y
fixed for any such redemption the City shall cause a written
notice of such redemption to be published at least once in a
p financial publication published in the State of Texas . By the
date fixed for any such redemption, due provision shall be made
with the paying agent for the payment of the principal amount of
the bonds to be redeemed, plus accrued interest thereon to the
date fixed for redemption. If the written notice of redemption
k is published, and if due provison for such payment is made, all
jj as provided above, the bonds , which are to be so redeemed,
thereby automatically shall be redeemed prior to maturity, and f.
they shall not bear interest after the date fixed for redemption,
and shall not be regarded as being outstanding except for the
purpose of receiving the funds so provided for such payment.
It is hereby certified and recited that this bond has
fl been duly and validly authorized, issued, and delivered in accor k
j; dance with the Constitution and laws of the State of Texas; and
that the interest on and principal of this bond, and the Series
of which it is a part, are secured by and payable from a first
1`! lien on and pledge of the Net Revenues of said City' s Airport.
Said City has reserved the right, subject to the
1 restrictions stated in the Ordinance authorizing this Series
1' of bonds , to issue additional parity revenue bonds which also
may be secured by and made payable from a first lien on and
pledge of the Net Revenues of said City' s Airport.
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The holder hereof shall never have the right to demand
j payment of this obligation out of any funds raised or to be
raised by taxation, but said City is not precluded by the Or-
I dinance authorizing this Series of bonds, or by this provision,
i lu
from utilizing any funds which may be lawfully used for the pur-
ail pose of making such payment.
In witness whereof, this bond and the interest coupons
attached hereto have been signed by the imprinted or lithographed
, facsimile signature of the Mayor of said City and countersigned
by the imprinted or lithographed facsimile signature of the City
Clerk of said City, and the official seal of said City has
been duly impressed, or printed, or lithographed on this bond.
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Its
City Clerk, City of Wichita Falls . Mayor, City of Wichita Falls
(FORM OF REGISTRATION CERTIFICATE)
COMPTROLLER' S REGISTRATION CERTIFICATE: REGISTER NO.
1
I hereby certify that this bond has been examined,
certified as to validity, and approved by the Attorney General
h; of the State of Texas ; and that this bond has been registered by
the Comptroller of Public Accounts of the State of Texas .
h!I
Witness my signature and seal this
Comptroller of Public Accounts of
the State of Texas
(FORM OF INTEREST COUPON)
NO. $
On , 19 , the City of Wichita Falls, in
IL the County of Wichita, State of Texas , promises to pay to bearer,
unless due provision has been made for the redemption prior to
maturity of the bond to which this interest coupon is attached,
the amount of Dollars , in lawful money
of the United States of America, without exchange or collection
charges to the bearer, upon presentation and surrender of this
,' interest coupon, at the City National Bank in Wichita Falls ,
'i Wichita Falls , Texas , said amount being interest due that day
on the bond, bearing the number hereinafter designated, of that
1,',„ issue of City of Wichita Falls Airport Revenue Bonds , Series
1964, dated April 15 , 1964. The holder hereof shall never have
the right to demand payment of this obligation out of any funds
raised or to be raised by taxation. Bond No.
City Clerk Mayor
Section 8 . DEFINITIONS. (a) The term "Airport" as
used in this Ordinance, shall mean the City' s entire Airport and
all facilities pertaining thereto, together with all future im-
provements , extensions, enlargements , and additions thereto, and
Fll replacements thereof. For further definition, the land on which
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the City's Airport is located is described in that certain
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document entitled "Department Of The Air Force Lease Of Property
On Sheppard Air Force Base, Texas", which lease was duly execut-
ed on July 20, 1959, by and between said City and the Department
of the Air Force of the United States of America. A copy of
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said document is attached to this Ordinance and made a part
'11 hereof for all purposes . The land described in said document
,, and all buildings and other facilities thereon and pertaining
thereto shall be included within the definition of the term
"Airport" .
(b) The term "Gross Revenues" shall mean the total
jl revenues to the City from the Airport and its operations from
whatever source derived, excluding any rentals (except for ground
r rentals) from net rent leases which may be executed in the future
wherein the lease consideration is pledged or otherwise utilized
to finance the construction of buildings or facilities for lessee,-
'd tenants of the City, but only for such time and to such extent
'!I in each case as the rentals reserved in the lease and any ex-
, tension or renewal thereof (other than ground rent) are required
to be deposited in a separate interest and sinking fund in order
to meet the City' s obligations for principal and interest and
II other payments in connection with the bonds or other instruments
of indebtedness issued to finance the improvement which is the
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subject of the lease . Without limiting the generality of the
foregoing, unless especially delimited, "Gross Revenues" will
include all of the income to the City from the ownership and ,
operation of the Airport, including landing fees and charges,
ground rental, space rentals in buildings, and charges of every
1 character made to concessionaires.
(c) The term "Maintenance and Operation Expenses"
mean expenditures directly and essentially necessary for -
the efficient and normal maintenance, operation, and utilization
of the Airport, including the keeping of the Airport and all of
its facilities in good condition and the making of all needed
repairs , renewals and replacements , including non-recurring and
,1 periodic items of maintenance. It is specifically provided that
all payments required to be made by the City pursuant to the
"Department Of The Air Force Lease Of Property On Sheppard Air
Force Base, Texas", which is attached to this Ordinance, shall
constitute proper items of Maintenance and Operation Expenses .
It is also provided that the items which the City has agreed to
provide from its General Fund Revenues , as provided in this Or-
j dinance, shall not constitute items of Maintenance and Operation
Expenses .
(d) The term "Net Net Revenues e u shall mean the amount
remaining after deducting the Maintenance and Operation Expenses
, from the Gross Revenues .
(e) The term "Bonds" shall mean the Bonds authorized
to be issued and delivered by this Ordinance.
(f) The term "Additional Bonds" shall mean the addi-
tional parity revenue bonds which the City reserves the right to
ui issue and deliver in the future, as provided by this Ordinance
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;'. Section 9. PLEDGE. The Bonds and all Additional Bonds,
9 and the interest thereon, are and shall be payable from and
I secured b y an irrevocable first lien on and pledge of the Net
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Revenues of the Airport, and said, Net Revenues are further
J pledged irrevocably to the establishment and maintenance of the
Funds hereinafter created
Section 10. RATES. The City covenants and agrees
1 with the holders of the Bonds and all Additional Bonds, as
follows :
■ (a) That it will at all times fix, maintain, enforce,
charge, and collect for services rendered by the Airport, rates, ; .
P charges, and amounts which will produce Gross Revenues at least
1 sufficient to pay all Operation and Maintenance Expenses, and to ,
provide Net Revenues adequate to pay promptly all of the princi-
pal of and interest on the Bonds and all Additional Bonds , and
to make all deposits now or hereafter required to be made into
!!; the Funds created and established by this Ordinance. '
(b) If the Airport should become legally liable for
J any other obligations or indebtedness, the City shall fix, main
Il tain, enforce, charge and collect additional rates , charges and
'IG amounts for services rendered by the Airport sufficient to
yi establish and maintain funds for the payment thereof.
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Section 11. FUNDS. All revenues of the Airport shall
u be kept separate and apart from all other funds of the City, and
r the following special Funds are hereby created and shall be
P established and maintained in an 'official depository bank of
the City, so long as any of the Bonds or Additional Bonds, or
interest thereon, are outstanding and unpaid: .
(a) City of Wichita Falls Airport Revenue Fund, here-
'a inafter called the "Revenue Fund"; it
(b) City of Wichita Falls Airport Revenue Bonds , In-
s terest and Sinking Fund, hereinafter called the "Interest and
Sinking Fund";
(c) City of Wichita Falls Airport Revenue Bonds
Reserve Fund, hereinafter called the "Reserve Fund".
Section 12. REVENUE FUND. All Gross Revenues of
Ji every nature received by the City from the operation and owner-
ship of the Airport shall be deposited from day to day as
collected into the Revenue 'Fund, and the Maintenance and Opera-
tion Expenses of the Airport shall be paid from the Revenue Fund.
The revenues of the Airport not actually required to pay said
expenses shall be deposited from the Revenue Fund into the other ,
Funds created by this Ordinance, in the manner and amounts here-
inafter provided, and each of such Funds shall have priority as
to such deposits in the order in which they are treated in the
following sections .
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Section 13 . INTEREST AND SINKING FUND. There shall
be deposited into the Interest and Sinking Fund the following:
1 11 (a) such amounts, in equal monthly installments ,
I made on or before the 10th day of each month hereafter,
as will be sufficient to pay the interest scheduled to
come due on the Bonds on the next interest payment date;
and
y (b) such amounts, in equal monthly installments,
made on or before the 10th day of each month hereafter,
as will be sufficient to pay the next maturing princi-
pal of the Bonds .
The Interest and Sinking Fund shall be used to pay the principal
of and interest on the Bonds and all Additional Bonds, as such
principal matures and such interest comes due.
�� Section 14. RESERVE FUND, On or before the 10th da y i
of each month hereafter, there shall be deposited into the Re-
serve Fund the sum of at least $450, until the Reserve Fund shall
contain an aggregate amount of $27,000. No deposits shall be il
required to be made into the Reserve Fund as long as the Reserve
A Fund contains said aggregate amount, but if and whenever said
Reserve Fund is reduced below said aggregate amount, the afore-
' said monthly deposits into the Reserve Fund shall be resumed and
�! continued until such time as the Reserve Fund has been restored
to said aggregate amount. The Reserve Fund shall be used to pay '
the principal of or interest on the Bonds and all Additional
Bonds, at any time when there is not sufficient money available
in the Interest and Sinking Fund for such purpose. Money in the
Reserve Fund may, upon authorization by the Board of Aldermen, -
i! be invested in direct obligations of, or obligations , the grin-
,, cipal of and interest on which are guaranteed by, the United
States of America, or invested in direct obligations of the
,, Federal Intermediate Credit Banks , Federal Land Banks , Federal
National Mortgage Association, Federal Home Loan Banks or Banks
for Cooperatives , provided that each of the aforesaid obligations
must mature, or be subject to redemption at the option of the
holder thereof, within not more than ten years from the date of
the making of such investment. Any obligation in which money in
, , the Reserve Fund is so invested shall be kept and held in an
official depository bank of the City in escrow and in trust for
the benefit of the holders of the Bonds and all Additional Bonds,
1 sold and the proceeds of sale applied to
and shall be promptly P P
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the making of all payments required to be made from the Reserve
Fund.
Section 15 . DEFICIENCIES IN FUNDS . If in any month
the City shall fail to deposit into any Fund created by this
Ordinance the full amounts required, amounts equivalent to such
deficiencies shall be set apart and paid into said Funds from
the first available and unallocated Net Revenues of the Airport
for the following month or months , and such payments shall be in,
, addition to the amounts otherwise required to be paid into said
Funds during such month or months . To the extent necessary, the
City shall increase the rates , charges , and amounts for services
of the Airport to make up for any such deficiencies .
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Section 16 . EXCESS REVENUES . Money remaining in the
' (Revenue Fund at the close of each fiscal year of the City, after
making adequate provision for the Funds created by this Ordinance,.
and after taking care of all other legal obligations , if any,
against the Revenue Fund and after retaining therein an amount
certified by the Airport Manager as sufficient to pay estimated
Maintenance and Operation Expenses for a period of two months ,
may be used by the City for any lawful purpose.
Section 17. SECURITY FOR FUNDS. All Funds created by
this Ordinance shall be secured in the manner and to the fullest
'- extent permitted or required by law for the security of public
funds, and such Funds shall be used only for the purposes and
in the manner permitted or required by this Ordinance.
Section 18. ADDITIONAL BONDS. The City reserves the
right to issue additional parity revenue bonds, to be known as
Additional Bonds , which when issued and delivered, shall be pay-
able from and secured by a first lien on and pledge of the Net
i Revenues of the Airport, in the same manner and to the same ex-
tent as the Bonds ; and the Bonds and all Additional Bonds shall
in all respects be on a parity and of equal dignity. The Addi-
tional Bonds may be issued in one or more installments or series,
provided, however, that no installment or series of Additional
Bonds shall be issued unless :
(a) A certificate is executed by the Mayor and City
Clerk of said City to the effect that no default exists in
connection with any of the covenants or requirements of the or-
dinance or ordinances authorizing the issuance of all then out-
standing Bonds and Additional Bonds ;
(b) A certificate is executed by the Mayor and City -
Clerk of said City to the effect that the Interest and Sinking
Fund and the Reserve Fund each contains the amount then required !
to be on deposit therein;
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(c) A certificate is execute d by a Certified Public
Accountant to the effect that, in his opinion, the Net Earnings
of the Airport either for the last complete fiscal year of the
City, or for any twelve consecutive calendar month period ending
not more than ninety days prior to the passage of the ordinance
authorizing the issuance of such Additional Bonds , were at least
1-1/2 times the average annual principal and interest require-
ments for all then outstanding Bonds and Additional Bonds, and
for the installment or series of Additional Bonds then proposed
to be issued; and the term `"Net Earnings ," as used in this sub-
' paragraph (c) shall mean the Net Revenues of the Airport, but
excluding and not deducting, any charges or disbursements which
under standard accounting practice, should be charged to capital
expenditures .
(d) The Additional Bonds are scheduled to mature only
on April 15, and the interest thereon is scheduled to be paid
only on April 15 and October 15 .
(e) The ordinance authorizing the issuance of such in-
stallment or series of Additional Bonds provides that the aggre-
gate amount to be accumulated and maintained in the Reserve Fund
shall be increased by an additional amount not less than the
average annual principal and interest requirements for said Addi-
tional Bonds , and that such additional amount shall be so accumu-
lated within sixty-one months from the date of the Additional
g Bonds , by the deposit in the Reserve Fund of the necessary sums
in equal monthly installments ; provided, however, that the aggre-
gate amount to be accumulated in the Reserve Fund shall never be
required to exceed the average annual principal and interest re-
quirements for all then outstanding bonds and Additional Bonds,
and for the installment or series of Additional Bonds then pro-
posed to be issued.
(f) All calculations of average annual principal and
interest requirements made pursuant to this Section are made as
of and from the date of the Additional Bonds then proposed to
4, be issued.
Section 19. MAINTENANCE AND OPERATION; INSURANCE.
While any of the Bonds or Additional Bonds are outstanding the
City covenants and agrees to maintain, or cause to be maintained,
Ali the Airport in good condition and operate, or cause to be operat-
ed, the same in an efficient manner and at reasonable expense,
and to maintain, or cause to be maintained, insurance on the
Airport, for the benefit of the holder or holders of the Bonds
and Additional Bonds , of a kind and in an amount which usually
G; would be carried by private companies engaged in a similar type
of business . Nothing in this Ordinance shall be construed as
requiring the City to expend any funds which are derived from
' sources other than the Airport, (except from its General Fund
4 Revenues, as provided in this Ordinance) , but nothing herein
shall be construed as preventing the City from doing so. It is '
j'' further specifically covenanted and agreed that the City will
promptly pay all amounts due, and perform and comply with all
duties and obligations imposed upon it, under the "Department
Of The Air Force Lease Of Property On Sheppard Air Force Base,
Texas", which lease is attached hereto, and that the City will
keep said lease in full force and effect at all times during its '
term, and will not cause or permit any default therein.
Section 20. ACCOUNTS AND FISCAL YEAR. The City shall
keep proper books of records and accounts , separate from all
other records and accounts of the City, in which complete and
correct entries shall be made of all transactions relating to the
Airport, and shall have said books audited once each fiscal year
'j by a Certified Public Accountant. The City agrees to operate the
Airport and keep its books of records and accounts pertaining
thereto on the basis of its current fiscal year; provided, how-
' ever, that the Board of Aldermen may change such fiscal year by
ordinance duly passed, if such change is deemed
9, y P � necessary b g Y Y the
Board of Aldermen.
Section 21. ACCOUNTING REPORTS . Within ninety days
after the close of each fiscal year hereafter, the City will
furnish, without cost, to any holder of any outstanding Bonds or
Additional Bonds who may so request, a signed or certified copy
of a report by a Certified Public Accountant, covering the next
preceding fiscal year, showing the following information: ,I,
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(a) A detailed statement of all gross revenues of
the Airport and all Maintenance and Operation Expenses
thereof for said fiscal year;
(b) Balance sheet as of the end of said fiscal year;
I (c) Accountant ' s comment regarding the manner in
which theCity has complied with the requirements of
this Ordinance and his recommendations , if any, for any
changes or improvements in the operation of the Airport;
j 1 (d) List of insurance policies in force at the end
'� I? of said fiscal year, showing, as to each policy, the risk
covered, the amount of the policy, the name of the in-
surer, and the expiration date;
(e) The status of each Fund created by this Ordinance.
Section 22. INSPECTION. Any holder or holders of any
Bonds or Additional Bonds shall have the right at all !
times to inspect the Airport and all records , accounts, and data
of the City relating thereto.
Section 23. SPECIAL COVENANTS. The City further
covenants as follows :
(a) That other than for the payment of the Bonds herein
authorized, the Net Revenues of the Airport have not in any manner
been pledged to the payment of any debt or obligation of the City
or of the Airport .
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(b) That while any of the Bonds or Additional Bonds are
ill outstanding, the City will not sell or dispose of the Airport or
7 any substantial part thereof, and that, with the exception of the
Additional Bonds expressly permitted by this Ordinance to be
issued, it will not encumber the Net Revenues of the Airport, as
defined in this Ordinance.
(c) That the City will operate and maintain, or cause
to be operated and maintained, the Airport as an airport for the
accommodation of scheduled airlines serving the City and will not
11 cause or suffer such curtailment of the general use of the Air-
. .
port or provide any other airport or airport facilities else-
1 where which will be operated so as to interfere with the prompt
else-
( P P
performance of all of the City's obligations and covenants im-
q posed by or undertaken under this Ordinance; and that the income
, from any investment in other Airport properties by the City will
immediately be subjected to the lien and pledge securing the Bonds
III;,
and Additional Bonds . e
ail (d) That the City will duly observe and comply with ',
all valid requirements of all Federal and State authorities
relative to the maintenance and operation of the Airport.
(e) That the City will not supply at the Airport 1I
space, services or privileges, without making commensurate
„ charges therefor, except to the extent actually required and
shown to be required under applicable statutes to supply such
,; space, privileges and services to the Federal Government.
1
NI
•
(f) That the City will not sell or dispose of any part
of the Airport unless and until such property has been declared
by the Board of Aldermen to be surplus and no longer needed for ,
'I the proper operation of the Airport, and unless a qualified firm
of airport consultants certifies in writing that the properties
• to be sold are not needed for proper operation of the Airport and
will not materially reduce the Gross Revenues of the Airport.
The proceeds from the sale of such facilities shall be deposited
in the Revenue Fund.
(g) That the City will provide money in its annual
budget, from its General Fund Revenues , to pay as administrative
expenses of the City, the administrative expenses of its Depart-
ment of Aviation, including but not limited to: (1) the salaries !
of its Airport Manager and his administrative staff, together with
necessary clerical assistants ; (2) the expenses of the adminis-
trative office of the Department of .Aviation, including communi-
0 cations , travel, memberships , subscriptions , supplies and equip
ment, furniture and furnishings , occupancy, protection, insurance,
pro-rated utilities costs , and any other expenses which the City
may lawfully incur in the administration of its Airport; (3) any
and all costs for services which the City may incur in connection
I! with aviation development, including but not limited to payments
to architects , attorneys , consultants and engineers , and for
traffic surveys and expenses in connection with proceedings be-
fore courts or regulatory bodies ; and (4) the expense of providing
complete police and fire protection at and for the Airport. The
City in making this covenant is mindful of the laws which author-
ize the City to pay out of its money raised through taxation its
general administrative expenses and certain expenses related to
,': its Airport which might otherwise be considered as operating ex-
• penses .
Section 24. BONDS ARE SPECIAL OBLIGATIONS . The Bonds
-
o and Additional Bonds shall be special obligations of the City
payable solely from the pledged Net Revenues , and the holder or
holders thereof shall never have the right to demand payment
1 thereof out of funds raised or to be raised by taxation.
Section 25 . APPROVAL AND REGISTRATION OF BONDS. That
the Mayor of said City is hereby authorized to have control of
said Bonds and all necessary records and proceedings pertaining
to said Bonds pending their delivery and their investigation,
examination, and approval by the Attorney General of the State
of Texas , and their registration by the Comptroller of Public
Accounts of the State of Texas . Upon registration of said Bonds,
said Comptroller of Public Accounts (or a deputy designated in
writing to act for said Comptroller) shall manually sign the
Comptroller' s Registration Certificate prescribed herein to be
printed and endorsed on each Bond, and the seal of said
Comptroller shall be impressed, or printed, or lithographed on
each of said Bonds .
Section 26 . That said bonds are hereby sold, in actor
dance with law, and shall be delivered, to the First Southwest
Company, Dallas, Texas, for the principal amount thereof and
accrued interest to the date of delivery.
{
Section 27 . That this Ordinance is hereby declared to
.! be, and is passed as , an emergency measure, to be effective im-
mediately upon enactment, such emergency being that the proceeds
from the bonds herein authorized are required as soon as possible
on the ground of urgent public need for the preservation of the
peace, health, and safety of property of the City.
PASSED AND APPROVED this the 11th day of May, 1964.
FY Mayor
ATTEST:
/ City C er4(
{
BY
Ej
ys
I
DEPARTMENT OF THE AIR FORCE
LEASE OF PROPERTY ON
SHEPPARD AIR FORCE BASE, TEXAS
THIS LEASE, made between the Secretary of the Air Force, of
the First part, and THE CITY OF WICHITA FALLS, WICHITA A COUNTY, STATE
OF TEXAS, of the second part, WITNESSETH:
That the Secretary of the Air Force, by virture of the authority
contained in Title 10, United states Code, Section 2667, having de-
termined that the property hereby leased is not excess propery as
defined by Section 3 of the Federald Property and Administrative
Services Act-,..of 1949, as amn ded (L0 U. S. C. 472) is not for the
time needed for public use, and the leasing thereof for a term of
fifty (50) yearns will be advantageous to the United States and in
the public interest, and for the consideration hereinafter set forth,
hereby leases to the part of the secand part, hereinafter designated
as the lessee, for a term of fifty (50) years, beginning 15 May 1959.
and ending 14 May 2009, but revocable at will by the Secretary of
the 'Air Force, provided that such revocation may only be exercised
during times of war, or national emergencies, present or future, de-
clared by the President or Co: ress, the following described premises
or property for municipal airport purposes only:
A tract of parcel of land located in 'Wichita County, Texas,
more particularly described as follows:
Commencing at the southeast corner of the William Anglin
Survey, same being the most northerly northeast corner of
the. w, Harvey Survey, Abstract No. 96; thence N 45°` 03' .W,
6590.00 feet! `;:encc N 89° 53' W, 1351 .00 feet; thence
S 12Q 232 . W0 22.80 feet; thence $ 69° 174 11, 1600.00 feet;
thence S 12° 461 W, 162.00 feet to point of beginning;
,
thence S 12° 461 W, 600.2 feet; thence S 89° 34' Wp. 1744.9
feet;
•
thence S 8° ,5 2 110 310.00.00 feat; thence S 2° 22 ,
199.00 feet; thence S 00 082 E, 1932.6 feet; thence
feet, thence N 20 222 E, 199.00 feet; . thence N 8°
52 z, 5 305 feet; thence N 130 50 E, 273.3 feet;
thence N 490 35 E, 775.5 feet; thence N 400 25 ,
161,00 feet; thence N-1),9° 35t E¢, 701 .00 feet; thence
S 44° 251 E, 1237.00 feet to point of eginnin , con.
sistin i of 50,0.73 acres, more or less. (Together with
all existino Government awned lmprove tints. located on
said land as reflected by the inventory and condition
report hereinafter referred to..)
THIS LEASE is granted subject to the following cnnditionsr
1 . That the lessee shall pay to the United States rental in
the amount of 0.4E AND NO/100 DOLL .R (41.00) per annum, payable
annually in advance, and to lesseee shall also pay to the United
states on demand any sum which may have to be expended after the
expiration, revocation, or termination of this lease In restoring
the premises to the condition required ir..ed by Condition No, 20 hereof,,'
' Compensation shall be made payable to the Treasurer of the Unite
States and forwarded by the lessee direct to the District Engineer,
U. S. Army Engineer District, Fort Werth, Corps of Engineer's, F.O.
Box 1600 Fort Worth, Texas.
2. That, as of the commencement date of this lease, an inven-
tory and condition report of all personal property and improvene is
of the Government included in this lease shall be made by a repre-
sentative of the lessee to reflect the condition of said prper ty
as of the commencement date of this lease. A copy of said inventory
and condltinn report shall be attached d hereto and become a part
hereof, as fully as If originally incorporated herein, At the ex-
, piration„ revocation,. or termination of this lease ,a similar inven-
tory and condition report shall b e prepared and submitted to the
District Engineer, U S. Army Engineer istr°ict For°w W'or h, ' here-
W
inafter desinged said officer", said inventory and condition
report to constitute the basis for settlement by the lessee with
said officer for leased pa per ty shown to be lost, damaged or des
troyed, any such property to be either replaced or testorad to the
condition required by Condition No, 20 hereof, or at the election
S
o�.G� the Government reimbursement made therefor by the lessee at the
then current market value thereof.
3. That the lessee has inspected and knowns the condition of
the leased property and it °.is urn: er stood, that the :lame is hereby
leased without any representation or warranty by the Government
whatsoever, and without obl .gati on on the part of the Government
to make any alterations, rppairs or additions thereto,
i.. That, subject to .the limitations of Condition No, 20 hereof
with respect to the restoration of the property, all portions of the
leased property shall at all times be protected and maintained in good
order and condition by and at the epenve of the lessee.
5. That the lessee shal ,maither transfer nor assign this leaa s ,
e
nor any property on the d+ aLsed premises, nor sublet the demised pre«
m ses or any part thereof or cmy property thereon, nor gaunt any in-
terest, privilege or license whdboever in connection with this lease
not connected or incident to the use of the property for municipal
airport purposes, without permission in writing from the said officer.
6. That the right is hereby reserved to the United States, its
officers, agents, and employees, to enter upon the said premises at
any time for the purpose of inspection .nd inventory and when otherwise
deemed necessary for the protection of the interests of the Government,
and the lessee shall have no claim of any character on account thereof
against the UnitedStates or any officer, agent, or employee thereof.
7. That the United States shall not be responsible for damages
to property or injuries to persons Idnich may amiss from or be ice/dolt
to the use and occupation of the said premises, or for damages to the
property of the lessee, or for injuries to the person of the lessee
(if an individual ), or for damages to the property' or injuries to the
person of the lessee' s officers, agents, servants or employees, or
others who may be' on said premises at their invitation or the invita-
tion of any one of them, arising from gevernlqental activities, and the
lessee shall hold the United States harmless from any and all such claims.
8. That the said lessee shal e. all times exercise due diligence
in the protection of the demised pr er is es, against damage or destruc-
tion by. fire and other causes.
9. That any property cf the United States damaged or destroyed
by the lessee incident to the lessee' s use and occupation of the said
property shall be promptly repaired or rpcleced the lessee to the
satisfaction of the said officer, or in lieu of such repair or replace-
ment the lessee shall , if so required by the said officer, pay to the
United States money in an amount sufficient to compensate for the loss
sustained by the United States by reason of damages to or destruction
of Government property.
10. That the lessee shall cut no timber, conduct no mining or
drilling operations, eemove no sand, gravel, or Rindred substances
from the groud, except in the exercise of mineral rights heretofore
i reserved to the record owner thereof, commit no waste of any kind, or
! in any manner substantially change the contour or concition of the
property heresby leased, except changes required, in carrying out . soil
and water conseravation rasures.
11 , hat the lessee shall comply with all app1 ice le laws or-
'
dinances, and regulations .a
ions of the „t te, county, and municipality wherein
the said demised premises arc located, with regard to construction,
sanitation, ilceses or permits to do business,, and all other matters.
1 . That the lessee shall not construct any permanent structu c
on the said demised premises, and shall not construct any temporary
structure or advertising sign thereon without the prior written con-
sent of the said officer.
13. That the lessee shall.>,pay to the r opeer authority, when
and as the same become due and payable, all taxes, assessments, and
similar charges which, at any time.. during the tern of this lease,
may be taxed, assessed, or imposed upa the lesseo2s Interest i
leased premises. In the tv +n any taxes, L mw esst t w, or similar
charges are imposed, wi th• the cnnsent of Congress upon property owned
by the Government and Included under this lease (as opposed to the
leasehold interest of the lessee therein) , they shall be paid ( 1 )
by the Government, in which event this lease shall then be renege)-
tiatd to increase the consideration proveded above in the amount
of such taxes, assessments, or similar charges paid by the United
States, or. (2) at the option of the Government, by the lessee.
iL.. That ecept as . otherwise s ecific liy provided in this lease,
all disputes concerni .g questions of fact which may arise under this
lease and which are not disposed of by mutual agreement, ,shall be de0
cided by the said officer, who shall reduce his decision to writing
and shall mail a copy thereof to the lessee at his address shown herein. .
Within 30 days from said mailing the lessee may appeal to the Secretary
of the Air Force, whose written decision or that of his designated
representative or r epresentetive or board, `shall be final and core
elusive upon the parties hereto. Pending decision of a dispute here-
under, the lessee shall proceed with the performance of this lease.
15. That this lease may be terminated ted by the lessee at any time
by giving th the Secretary of the .sir Force, through the said officer,
at least ten (10) dayst notice thereof in writing; provided that, in
case of such terra inn t F can; no refund by the United S«Stes of any rental
theretofore paid shall be made.
16. That the u e and occupation of the premises leased hereby
shall be subject to the general supervision and approval of the officer
having immediate jurisdiction over the property and to such rules and
regulations as may be prescribed by him from time to time.
17. That the lessee shall ps.y the cost, as determined by the
officer having ir, mediatc jurisdiction over the property, of producing
and/or� supplying any utilities add other services furnished by the
Gover aent or €hrou� h Government-owned fac lities for the use of the
lessee, including e
lesccs s proportionate share of the cost of
operation and maintenance of the Government-owned facilities by
which such utilities or servides are pr odacec or supplied. The Govern-
ment shall be under no obligation to furnish utilities or services.
Psyment shall be made in the method pGeescri ed b y the officer having
immediate jurisdiction over the property, upon bills rendered monthly.
i6. That for such period as the lessee is in possession of the
leased property pursuant to the provisions and conditions of this lease
the lessee shall procure and malnta , its cost a standard fire
and extended coverage insurance policy or policies on the leased
property to the full insurable value thereof. The lessee shall
procure such insurance from any responsible company or companies,
Tne policy or policies evidencing such insurance shall provide that
in the event of loss thereunder the proceeds of the policy or poli-
cies shall be. payable to the lessee to be used solely for the repair;
restoration or replacment of the property damaged or destroyed, any
balance of the proceeds not required for the repair, restoration; or
replacement of the property damaged or destroyed to be paid to the
Government. Any cost .in excess of the , insurance fundsthall be borne
by the lessee, the City of Wichita Falls, and the replacement of any
facil taws ,shall ,be substantially the same in size, construction
and value:.
19. That no Member of or Delegate' to Congress or Resident Com-
missioner shall be admitted to any share oil part of this lease or to.
any benefit to a.ri e •there. r om. Nothing, however, herein contained
shall be construed to extend to any Incorporated company, if the
lease be for the general benefit of such corporation or company. y
20. That, can or befere the date of expiration of this lease
or its termination by the lea e, the lessee shall vacate the demised
premises remove the property of the lessee and any sublessees there-
from, end restore the premises to as good order and condition as .that
existing upon the date of commencement r the term of this lease,
damages beyond the control of the lessee and due to fair wear and
tear excepted. If, however, this lease is revoked, the lessee shall
vacate the premises, remove said propf;}rt y therefrom, and restore he
premises to the condition aforesaid witain such time as the Secretary
of the Air Force eiay designate. In citho 'event, if the lessee shall
fall or neglect to remove said property and so restore the premises,
then, at the option of the Secretary of he Air Force, said property
shall become the property ram
ert.I!' o± the United States wIti'Jut compensation
therefor, and no claim for da ee against the United States or its
officers or agents shall be created by or made on account thereof.
2/ . That if more than one lessee is named in this lease the
said ob-
ligations -
l �� + � Gr � o� � �s s��s . �re r Y contained shall be joint and several
obligations.
22. That, except as G� >E r.wx .e specifically provided, any refer-
ences herein to "District Engineer" or Fsaid officer" shall, include
his duly appointed and his aura or Ized representatives.
23. That all notices to be given pursuant to this lease shall
be addressed, if to the lessee, to the mayor, City of Wichita Falls,
Wichita Falls, Texas; of to the Government, to the District Engineer,
U. S. Army Engineer isatg , Fort Adore. , Corps of engineers, P 0
Box 1600, Fort Worth, Texas; or as may from time to time be directed
by the parties. Notice sh i. be deemed to have been duly given if and
when inclosed in a properly sealed envelope or wrapper, addressed
as aforesaid and deposited postage prepaid (or, if mailed by the
Government, deposited under its franking privilege) in a post office
or branch post office regularly maintained by the United States
Government.
24. The lessee warrants that no person or selling agency has
been employed or retained to solicit or secure this lease upon an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide established
commercial or sellingagencies maintained by the lessee for the pur-
pose of securing business. For breach or violation of this warranty
the Government shall have the right to annul this /ease without
liability or in its discretion to require the lessee to pay, in ad-
dition to the lease rental orconsideration, the full amount of such
commission, percentage, brokerage, or contingent Fee.
25. That in addition to the use of the above-described premises,
and in conjunction with the municipal terminal operation, the Depart-
ment of the Air Force will permit (except that no student may solo
and that there will be no student landings, including practice land-
ings, on the Sheppard Air Force Base runways, but that a student may
take off or land with an i nstruttor pilot aboard for the purpose of
preceedirag elsewhere for practice landings ) joint utilitatlon of the
existing and proposed military runways at Sheppard Air Force Base by
civil air carriers and other civil aircraft equipped with functioning
two-way radio, capable of communication with Sheppard Air Force Base.
Control Tower, subject to the following conditions:
a. Control ox aircraft in the control zone, on the runways
and taxiways shall be the responsibility of the control tower. Con-
trol of movements on civil and military ramps shall be the responsi-
bility of the respective parties exercising jurisdiction over these
areas.
b. The City of Wichita Falls shall be responsible for pro-
viding aircraft servicing and/or maintenance for civil aircraft using
the runways, as well as for ground operations of civil aircraft while
within the municipal terminal area The Air Force shall provide no
ground maintenance or service for civil aircraft except such as may
be required in the event of emergencies.
c. No landing fees shall be collected directly by the Air
Force. However, the City shall retain the richt to collect such fees
end shall pay to the United States an a.eount of SIX THOUSAND AND NC/104
DOLLARS ($6,000.00) per annuen, payable in advance in quarterly install-
ments of $1 ,500.00 each, ben ,....;ing with the cancellation of Lease
DA-34-066-. 21.g-3410, to the Treasurer of the United States and for
warded direct to the Commander, S pp lard r i ; Force 'Base. This pay
-
J.
is based on 3,285 scheduled landings of commercial aircraft
per annum, and any increase or decrease in the base number of such
scheduled landings will be the cause for adjustment in the stipulated
payment at the same rate. (This provision is intended to also ctver
andy period prior to execution of a new lease between the parties. )
6
■
d. The City shall pay for any utilities or other service
obtained from Sheppard Air Force Base. Rates for utilities service
will be established in accordance with current Air Force regulations.
e. In order to preserve the integrity of the Air Force
base and prevent interference with military flight operations, con-
struction in t:re municipal terminal area shall be in accordance with
a mr>aster plan approved b the Civil Aeronautics . 4 minisc.ra4ion and
the Department of the Air Force.
f. That t the right to use Sheppard Air Force Base runways
may be suspended by the Department of the AirForce only during times
of war or national energenceis declared by the President or the Congress.
However, the Commander of Sheppard Air Force Base, after reasonable
advance notice to the Ctty and the Civil Aeronautics Administration
and issuance of a NOT. M to the effect, may forbid or ban any authorized
divii�operations during temporary periods up to 72 hours to avoid undue
interaernnce with military sdtivities of an emergency or unusual •'nature.
g. That in the even'?. the United States terminates use of
Sheppard Air Force Base as a military installation, use of the landing
areas, runways and taxieways and necessary appurtenances by civil
aircraft will be permitted, provided the City of Wichita Fails will
assume the responsibility for c ntrol and maintenance of these facili-
ties under a lease with the United States at nominal consideration
($1 .00 per year) , and provided such lease is authorized by then ex-
isting law. Any such lease will provide for a term, renewable at
the opti