Min 04/20/1976137
Wichita Falls, Texas
Memorial Auditorium Building
April 20, 1976
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls , Texas , met in regular
session on the above date in the Council Room of the Memorial Auditorium Building
at 8 :30 o'clock A.M. , with the following members present:
J. C. Boyd, Jr. Mayor
Hardy McAlister X
Dr. Guillermo Garcia X
Bill E. Gowan X Aldermen
Ray Ashbrook X
W. E. Ryle
Jerry F. Mathis
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson City Clerk
Wilma J. Thomas Deputy City Clerk
The invocation was given by Chaplin Walter N. McDuffy, Sheppard Air Force Base.
Item 3
Moved by Alderman Garcia that minutes of the special and regular meetings
held on April 5, and the special meeting held on April 9, 1976, be approved.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 4a
A proposed resolution was presented declaring results of recount of votes
cast for Place 6 on the Board of Aldermen. The recount committee presented their
report to the Mayor on April 19.
RESOLUTION NO. 1797
RESOLUTION DECLARING THE RESULTS, ON THE BASIS OF THE RECOUNT, OF THE
ELECTION FOR THE OFFICE OF ALDERMAN, POSITION NO. 6, AT THE MUNICIPAL
ELECTION HELD ON APRIL 3RD, 1976.
WHEREAS as a result of the application filed by Roy W. Parish, by Resolution
No. 1796 the Board of Aldermen ordered a full recount of all votes cast for the
office of Alderman, Position No. 6, at the municipal election held on April 3rd,
1976, and appointed Mrs. Elwyn Ponder, Mrs. Raymond Sims and Mrs. Vance Harbor
as the Recount Committee; and,
WHEREAS, such Committee completed the recount, and delivered their report to
the Mayor on April 19, 1976; and,
WHEREAS , after considering the report of the Recount Committee, the Board of
Aldermen finds that, according to such report, 9,680 votes were cast for the
Office of Alderman, Position No. 6, at such election,and that said votes were
cast as follows :
Jerry F. Mathis received 3,872 votes.
Roy W. Parish received 3,729 votes.
Mary Lynn Boyd received 2,079 votes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
Jerry F. Mathis was duly and legally elected to the office of Alderman,
Position No. 6, at said election.
138
Item 4a, cont'd.
Moved by Alderman Garcia that Resolution No. 1797 be passed.
Motion seconded by Alderman Ryle, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis.
Nays : None
Item 5a
i
A proposed appropriation ordinance was presented for payment of legal fees
in connection with the application of Arrowhead Development, Inc. to the Texas
Water Rights Coum,ission to compel the City to furnish water to Arrowhead Ranch
Estates, and to set rates. The City won the case.
1ORDINANCE NO. 3078
AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND
TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman McAlister that Ordinance No. 3078 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
V'Item 6a
A ro osed resolution waspp presented approving appraisal of improvements on
land required for Kell Freeway project.
RESOLUTION NO. 1798
RESOLUTION APPROVING APPRAISAL OF CITY STREET IMPROVEMENTS ON LEASED
PRIVATELY OWNED LAND REQUIRED FOR KELL FREEWAY RELOCATION AND AUTHORIZING
THEIR SALE
WHEREAS, the City of Wichita Falls and the Texas Highway Department are
co-operating in the construction of Kell Freeway, Project 52-071, under the 1967
Capital Improvements Program of the City of Wichita Falls ; and,
WHEREAS, by contract signed January 31st, 1968, the City and the Texas
Highway Department agreed that they would share equally in the cost of the right-
of-way for this project; and,
WHEREAS, the street improvements on the City leased parcels hereinafter
described are owned by the City of Wichita Falls and the Texas Highway Department
has approved a value of Six Thousand Four hundred Twenty-one dollars ($6,421.00)
for such street improvements ; and,
WHEREAS , the Texas Highway Department will pay the City an amount equal to
fifty percent (507) of the total value of these street improvements as soon as a
Quit Claim deed thereto from the City to the State of Texas has been delivered
and recorded.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager, acting for and in behalf of the City of Wichita Falls, is
hereby authorized and directed to execute Quit Claim Deeds conveying unto the
State of Texas the following tracts or parcels of land situated in Wichita County,
Texas, to wit: Parcels 867 and 870-A which are specifically described in the
records of this project on file in the offices of the Department of Public Works
in the City of Wichita Falls. The consideration for such Quit Claim deeds shall
be the sum of fifty percent (507) reimbursement of the value of Six Thousand Four
Hundred Twenty-One dollars($6,421 .00) for the said street improvements under the
terms of the above mentioned contract.
139
Item 6a, cont 'd.
Moved by Alderman McAlister that Resolution No. 1798 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item 6b
A proposed resolution was presented authorizing the City Manager to execute
a lease for restaurant concession at the airport.
RESOLUTION NO. 1799
RESOLUTION APPROVING LEASE AGREEMENT WITH HENRY J. JONES FOR
RESTAURANT AT MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS,
THAT:
That certain lease agreement between the City of Wichita Falls, as Lessor,
and Henry J. Jones, as Lessee, a copy of which lease agreement is attached hereto,
wherein the City leases to Jones the restaurant facilities located in the terminal
building at Wichita Falls Municipal Airport, is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1799 be passed.
Motion seconded by Alderman Ashbrook.
An amendment was moved by Alderman Mathis that the term "Director of Finance"
in Article IV of the agreement be changed to read "City Clerk".
Motion seconded by Alderman Garcia.
Alderman Ryle noted that the fee increase amounts to about 40 percent. The
City Manager stated that Mr. Couser and Mr. Jones feel that he can have a viable
operation with this increase. Alderman Ryle stated that he did not want us to
be so aggressive that we would drive an operator out of business. City Attorney
H.P. Hodge pointed out provisions in the contract which makes it subject to
negotiation after two years if either party requests it. Alderman Garcia
inquired why the City shares in the advertising cost. Mr. Couser stated that it
was because of the long hours the restaurant is open, and some of them are non-
premium hours. Anything we can do to participate in the gross helps us, also.
The motion for passage of the amendment was carried unanimously.
The motion for passage of Resolution No. 1799 was carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item 7a
Bids were considered on 40 three cubic yard refuse containers. The low bid
was submitted by Reddi Fabricators in the amount of $7,500, but they have not
constructed any containers previously. Alderman Mathis inquired how long theyhavebeeninbusiness. Mr. Lillard stated that they do not question the man's
d%ability to weld , but they do question the demands of this business and the
ability to meet them. It appears to be a back yard operation out of a garage.
He does not have all the necessary equipment, and he has a full time job somewhere
else. It was recommended that the second low bid be awarded to Industrial
Disposal Supply Company, Plano, Texas, in the amount of $7,540.00.
Alderman Gowan mentioned the penalty clause which had been discussed previously,
and moved that henceforth there be a penalty clause provided in all contracts
for failure to perform.
140
Item 7a, cont'd.
Motion seconded by Alderman Ryle, and carried unanimously.
Moved by Alderman Ashbrook that the bid for the refuse containers be awarded
to Industrial Disposal Supply Company in the amount of $7,540.00.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 7b
A proposed resolution was presented awarding the bid for a 500,000 gallon
elevated steel water tank.
V RESOLUTION NO. 1800
RESOLUTION AWARDING CONTRACT TO PITTSBURGH-DES MOINES STEEL COMPANY FOR
CONSTRUCTION OF 500,000 GALLON ELEVATED STEEL WATER TANK.
WHEREAS , the City of Wichita Falls has advertised for bids for the construction
of a 500,000 gallon elevated steel water tank in Expressway East Industrial
District; and,
WHEREAS , four bids were received, and it is found that the bid with
Alternate No. 1 of Pittsburgh-Des Moines Steel Company in the amount of $204,400.00
is the lowest and best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
The bid with Aldernate No. 1 of Pittsburgh-Des Moines Steel Company in the
amount of $204,400.00 is hereby accepted, and the City Manager is authorized
to execute for the City of Wichita Falls a contract with Pittsburgh-Des Moines
Steel Company for the construction of such improvements.
Moved by Alderman Ryle that Resolution No. 1800 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis .
Nays: None
dItem 7c
Bids were considered on sanitary sewer facilities to serve Lockwood Corporation
and adjacent area. It was recommended that the low bid be awarded to Bowles
Construction Company, Burkburnett, in the amount of $49,038.83.
J RESOLUTION NO. 1801
RESOLUTION AWARDING CONTRACT TO BOWLES CONSTRUCTION CO. FOR CONSTRUCTION
OF SANITARY SEWER LINES AND A PUMP STATION FROM REILLY ROAD TO LOCKWOOD
CORPORATION PLANT.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
0/10,
of sanitary sewer lines and a pump station adjacent to U.S. 277 and 281 Central
Expressway North from Reilly Road to Lockwood Corporation Plant; and ,
WHEREAS, seven bids were received, and it is found that the bid with Alternates
B-1, B-2 and B-3 of Bowles Construction Co. in the amount of $49,038.83 is the
lowest and best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said bid with Alternates B-1, B-2 and B-3 of Bowles Construction Co. in the
amount of $49,038.83 is hereby accepted, and the City Manager is authorized to
execute for the City of Wichita Falls a contract with Bowles Construction Co.
for the construction of such improvements.
141
Item 7c, cont'd.
Moved by Alderman McAlister that Resolution No. 1801 be passed.
Motion seconded by Alderman Mathis , and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
1;
Item 7d
Because only one bid was received on police technical communications
equipment the Criminal Justice Division has rejected our grant application.
Permission was requested to readvertise for bids.
Moved by Alderman McAlister that the bid of General Electric be rejected, and
authority be granted to readvertise for bids as requested.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 8a
A proposed resolution was presented authorizing final payment for construction
v of restrooms in Jalonick and TESCO Parks.
RESOLUTION NO. 1802
RESOLUTION ACCEPTING CONSTRUCTION OF RESTROOMS IN TESCO AND JALONICK
PARKS.
WHEREAS, the City of Wichita Falls and Fulton Irby Construction Company
entered into a contract dated February 6, 1976, wherein the Contractor agreed
to construct two restrooms, one at TESCO Park and one at Jalonick Park; and,
WHEREAS, said construction has been completed in accordance with the plans
and specifications; and,
WHEREAS, the contract price for such construction is $17,266.16, none of
which has been paid to the Contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The construction of such restrooms is accepted by the City of Wichita Falls,
and the City'Manager is directed to pay to said Contractor the contract price of
17,266.16.
Moved by Alderman Mathis that Resolution No. 1802 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item 8b
A proposed resolution was presented authorizing the City Manager to execute
a change order to the contract with Lloyd Thomas Company for highYpyg pressure
sodium lighting project.
RESOLUTION NO. 1803
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH LLOYD THOMAS
CO. , INC. FOR HIGH PRESSURE SODIUM LIGHTING PROJECT.
WHEREAS, the City of Wichita Falls and Lloyd Thomas Co. , Inc. entered into
a contract dated March 3, 1976, providing for removal of 298 existing mercury
vapor street lights and installation of 300 high pressure sodium luminaires and
lamps, for a contract price of $9,401.50; and,
142
Item 8b, cont'd.
WHEREAS , the City Manager has recommended a modification in such contract in
accordance with Change Order No. 1, a copy of which is attached hereto, which
would increase the contract price by $675.70, and such change order has been
accepted and agreed upon by the Contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Change Order No. 1 to the contract with Lloyd Thomas Co. , Inc. , dated March
3, 1976, is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
Moved by Alderman McAlister that Resolution No. 1803 be passed.
ARP
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
The City Manager suggested that a policy statement be prepared for individuals
desiring high pressure sodium lighting.
Item 9
Permission was requested to advertise for bids on eight cubic yard refuse
containers. The penalty clause will be included.
Moved by Alderman Gowan that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 10
Moved by Alderman McAlister that minutes of the meetings of the following
boards and commissions be received.
a. Planning Board - March 31, 1976
b. Board of Electrical Examiners - April 13, 1976
c. Mayor's Commission on the Status of Women - April 1, 1976
d. Bicentennial Commission - March 18, 1976
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item lla
Moved by Alderman Ryle that the 1974-75 annual financial report for the City
of Wichita Falls be received.
Motion seconded by Alderman Gowan, and carried unanimously.
Alderman Ryle noted percentage of increases in various departments. Alderman
Mathis inquired when the formal comments by the auditors would be ready. Gerald 4'"
Carlson stated that they are being prepared, and Jerry Tillery thought they would
be ready in two weeks.
Item llb
Discussion was held on sale of water outside the city limits within the
extra-territorial jurisdiction. The City Manager noted the contract with Wichita
Valley Water Supply Corporation, and its service area. The City contracted with
them in 1974 to provide raw water from Lake Kickapoo, and also expansion of their
service area. He did not recommend further expansion.
143
Item lib, cont'd.
Moved by Alderman McAlister that this matter be brought before the Planning
Board to be evaluated, and come back to the Council when they have complete it.
Motion seconded by Alderman Mathis, and carried unanimously.
Item llc
Moved by Alderman Ryle that W. M. "Dub" Heffington be appointed to the
Airport Advisory Board for a term to expire December 31, 1976. (He replaces
Paul Teague, who resigned) .
Motion seconded by Alderman Ashbrook, and carried unanimously.
v Item lld
The following Council appointments and reappointments were made to various
boards and commissions.
1 . Bicentennial Commission - J. C. Boyd
2. Human Relations Commission - Bill Gowan
3. Hospital Board - Jerry Mathis
4. Community Center for MHMR - Hardy McAlister
y5. Data Access Control Board - Bill Garcia
6. Airport Advisory Board - W. E. Ryle
7. Planning Board - Hardy McAlister
8. Park Board - Bill Gowan
9. Traffic Commission - Bill Garcia
10 Commission on Status of Women - W. E. Ryle
ull. Steering Committee for Urban Transportation Study - Ray Ashbrook
al2. Nortex General Membership - Bill Garcia, Ray Ashbrook, Jerry Mathis13. Nortex Executive Committee - J. C. Boyd and Hardy McAlister
Moved by Alderman Ryle that the appointments be approved.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Mayor Boyd recommended the appointment of Hardy McAlister as Mayor Pro tem.
Moved by Alderman Mathis that Hardy McAlister be appointed to serve as
Mayor Pro tem.
Motion seconded by Alderman Garcia, and carried unanimously.
Item lle
Moved by Alderman Ryle that the following appointments and reappointments be
made to the Mayor 's Commission on the Status of Women, with terms to expire
April 22, 1978.
a. Beth Francell - reappointed
b. Mary Lynn Boyd - reappointed
c. Alisa Larson - reappointed
d. Jettie Ann Ward - reappointed
e. Helen Farabee - appointed
Euella Estes Smith - appointed
g. Peggy McCullough - appointed
Motion seconded by Alderman Garcia, and carried unanimously.
Alderman Ryle asked for a definition of emergency implementation of an
ordinance. The City Attorney explained the charter requirement regarding this
matter.
144
Item lle, cont'd.
Mayor Boyd made some comments on the gas rates , and also read from the
resume of City Clerk Gerald Carlson, stating that if he has a problem that he
should contact the Mayor. He also suggested that Aldermen Gowan and Mathis may
be of assistance in their respective fields.
The Board of Aldermen adjourned at 11 :00 A.M.
PASSED AND APPROVED this Ad ay of 1-7,_
y , 1976.
5-2(// 7"//,'11
MAYOR I
ATTEST:
DEPUTY CITY CLERK
STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WICHITA X
THIS AGREEMENT made and entered into this 21st day of April,
1976 by and between the CITY OF WICHITA FALLS, hereinafter called CITY,
and Henry J. Jones, hereinafter called LESSEE, and made effective as of
the First Day of May, 1976.
W I T N E S S E T H :
WHEREAS, CITY owns certain buildings, structures and other
facilities comprising a public airport known as the Wichita Falls Municipal
Airport, said premises hereinafter called AIRPORT, and whereas LESSEE is
desirous of operating a Restaurant Concession under the terms and conditions
as herein set out.
NOW THEREFORE, for and in consideration of the rent, covenants and
agreements herein contained, CITY does hereby lease, demise, grant and let
to LESSEE and LESSEE does hereby hire, take and lease from CITY the follow-
ing described property on the following terms and conditions, to wit:
ARTICLE I.
Term
CITY does grant to LESSEE the premises known as the SKYROOM
RESTAURANT, hereinafter referred to as RESTAURANT, being further defined
as the Area outlined in Red on the Plan attached hereto, entitled Exhibit A,
and located in the Airport Terminal Building for an initial term of Three
years, commencing on the First Day of May, 1976 and ending on the 30th Day
of April 1979. LESSEE shall have an option to renew said Lease for an
additional period of one year, which option may be exercised by LESSEE by
giving CITY notice thereof in writing no less than thirty days prior to
the end of the initial term. The provisions of this lease shall be subject
to renegotiation at the end of the second year of such lease; if either
party requests it, both parties shall, in good faith and immediately,
confer and consider any proposed changes in such provisions. In the event
the parties are unable to agree upon such proposed changes, the provisions
herein contained shall continue in effect.
ARTICLE II.
Surrender of Possession
No notice to cease operations or to quit possession of the leased
premises at the expiration date of the Term of this Agreement shall be
necessary. LESSEE covenants and agrees that at the expiration date of the
Term of this Agreement, or at the earlier termination thereof, he will peace-
fully surrender possession of the Leased Premises and any improvements thereon,
in good condition, reasonable wear and tear, acts of God, and other casualties
excepted, and the City shall have the right to take possession of the Leased
Premises with or without due process of law.
ARTICLE III.
Rental
LESSEE agrees to pay CITY for the use of the above described premises
rights and easements herein provided a monthly rental of seven percent (7%)
of Gross Sales on the first Ten Thousand Dollars ($10,000) , plus ten percent
10%) of Gross Sales in excess of Ten Thousand Dollars ($10,000) . Such
monthly rental shall be payable to CITY each month during the term of the
Lease, the first payment to be made on or before the Fifteenth day of June,
1976 and subsequent payments to be made on or before the Fifteenth day of each
successive month thereafter for which rental is due hereunder. Gross Sales,
as used herein is defined as total income, exclusive of tax, received by or
for or paid to LESSEE for all services performed, whether for cash or other
consideration.
ARTICLE IV.
Records and Accounting
LESSEE agrees to keep accurate records, books and accounts
in a manner acceptable to the City Clerk of the City of Wichita Falls,
Texas. The latter and his representative shall have the right to examine
and audit said records, books, and accounts at any reasonable time. LESSEE
further agrees to submit to CITY a true and accurate statement of Monthly
Gross Income derived from its concession within five (5) days following
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each calendar month, and to provide an annual financial summary within
thirty (30) days following each calendar year.
ARTICLE V.
Hours of Operation
LESSEE, in keeping with the needs for such service by the general
public, visitors and customers of scheduled airlines, shall provide service
at least between the hours of 6:00 AM and 10:00 PM, seven days a week.
ARTICLE VI.
Standards
LESSEE shall maintain Restaurant in a safe, clean, orderly and
inviting condition, in a manner satisfactory to CITY. LESSEE shall pro-
vide a distinctive and attractive Menu, subject to the approval of CITY,
which shall clearly and permanently list prices of the standard bill of fare,
which prices will not be altered without prior notification to CITY. CITY
agrees to share with LESSEE, the printing cost of additional and subsequently
authorized Menus.
LESSEE shall be required to properly uniform or dress its attend-
ants and employees and shall not employ any person in or about the concession
premises who shall use improper language or act in a loud, boisterous or
otherwise improper manner. LESSEE shall insure the maintenance of a high
standard of service to the public, the performance of such obligation to be
determined at the sole discretion of CITY and will replace the services of
any employee whose conduct CITY feels is detrimental to its best interest.
ARTICLE VII.
Care and Upkeep of Premises
LESSEE shall make no alterations or modifications of the premises,
and shall not display any advertising or post or display any signs, posters
or other markings without the consent of CITY. LESSEE further agrees to
take good care of CITY property, fixtures and appurtenances and, at his
own expense, repair and return the premises in good order upon the termina-
tion of the use thereof, reasonable wear and tear excepted. Throughout
the Term of this Lease, the replacement of parts and repair of CITY's
appliances and fixtures shall be the responsibility of LESSEE, provided
3-
however, that with the prior knowledge and consent of CITY, the cost of
repairs not caused by negligence on the part of LESSEE shall be borne
equally by CITY and LESSEE. LESSEE agrees to maintain the entire interior
premises, fixtures and appurtenances in a neat and presentable manner and
to be solely responsible for the cost thereof. CITY, when it considers
replacement of major items of equipment necessary, agrees to bear the sole
cost of such replacement, provided such replacement was not occasioned by
LESSEE's negligence and LESSEE, on his part, agrees to bear all operational .
costs arising out of the non-functioning of such equipment items.
ARTICLE VIII.
Advertising
In order to foster increased general patronage during non-premium
hours, CITY agrees to share with LESSEE, the cost of any advertising (up to
a maximum of $100 per month) with the stipulation that CITY retains the right
to review and approve all such advertising prior to submission to the
communications media.
ARTICLE IX.
Utilities
LESSEE shall provide and pay for telephone and gas service used in
connection with all operations permitted under this lease agreement and shall
share equally with CITY the cost of electric service to this concession,
which service will be separately metered from other Terminal Building
functions.
ARTICLE X.
Insurance
Any loss from the operation of Restaurant shall be borne by
LESSEE. LESSEE shall further indemnify and save CITY forever harmless
from any and all claims for damages of any kind or nature which may here-
after be made against LESSEE on account of any personal injuries or pro-
perty damage resulting from the use of the premises demised. For this
purpose LESSEE shall carry adequate Workman's Compensation Insurance for
all employees and public liability insurance for personal injuries/deaths
growing out of any one accident or other cause in a minimum sum of One
Hundred Thousand ($100,000) Dollars for one person and Three Hundred
4-
Thousand ($300,000) Dollars for two or more persons, and in addition,
shall provide property damage liability insurance in a minimum sum of
Fifty Thousand ($50,000) Dollars for property damage resulting out of any
one accident or other cause. Said insurance shall be kept in force through-
out the Term of this lease and shall be procured from an insurance company
licensed to do business in Texas. LESSEE shall provide CITY with a copy
of such insurance policies, which policies shall name CITY as co-insured
and shall further provide that the insurance shall not be cancelled or
reduced until a ten day written notice of cancellation or reduction has
been served on the CITY.
ARTICLE XI.
Licenses
LESSEE shall obtain all necessary licenses and permits for the
operation of RESTAURANT and shall operate RESTAURANT in strict compliance
with the laws of the State of Texas, the Federal Government and the
Ordinances of the City of Wichita Falls and shall pay all fees, taxes
and charges assessed under local, State or Federal Statutes or Ordinances,
insofar as they are applicable.
ARTICLE XII.
Parking Validation
LESSEE shall enter into agreement with Airport's Parking Conces-
sionaire, the Airport Parking Company of America (APCOA) , to validate park-
ing tickets for his patrons who will be entitled to two hours of free park-
ing, provided such patrons actually spend a minimum of ONE DOLLAR in
RESTAURANT, and LESSEE agrees to pay ten cents for each parking ticket
validated. Such agreement between LESSEE and APCOA will be made in writing
and LESSEE shall provide CITY with copy thereof.
ARTICLE XIII.
Assignment
LESSEE shall not assign, transfer, sub-lease, pledge, surrender
or otherwise encumber or dispose of this Lease, or any interest in any
portion of same, or permit other persons, company, or corporation to
occupy these premises without the prior written consent of CITY.
5-
ARTICLE XIV.
Rights of Lessee
LESSEE is hereby granted exclusive Airport rights to all public
feeding, airline food catering and related service, magazine concession
and liquor sales which are authorized by statute or ordinance. It is
expressly understood, however, that such rights shall not extend to
vending machines as exist in the Administration Building and Hangar area.
It is further understood and agreed that such rights shall not prevent
scheduled airlines serving the Airport from providing private food services
for their employees, passengers and guests in accordance with provisions of
their lease agreements with CITY.
ARTICLE XV.
Cancellation
Upon the non-payment of the whole or any part of the amounts
agreed upon in ARTICLE III at the time such payments become due, the
filing of a voluntary petition in bankruptcy, the making of a general
assignment for the benefit of creditors, the occurrence of any act which
acts to deprive the LESSEE permanently of the rights, powers and privi-
leges necessary for the proper conduct and operation of the RESTAURANT
granted herein, the abandonment and discontinuance of the operation of
the RESTAURANT, or upon the non-performance by LESSEE of any of the cove-
nants hereinbefore or hereinafter mentioned, by him to be kept and per-
formed, CITY may, at its election, cancel this Agreement and re-enter and
take possession of said premises. LESSEE hereby waives any notice to quit
possession of the premises, or any demand for payment of the amounts agreed
upon as the same become due, or for the performance of any covenants herein,
or any demand for the possession of said premises; provided, however, that
the failure of CITY to declare this Agreement and concession terminated
upon default of LESSEE for any of the reasons above set out shall not operate
to bar, abridge or destroy the right of CITY to declare this Agreement null
and void and at an end upon any subsequent violation of the terms of this
Agreement by LESSEE. This Agreement shall be subject to cancellation by
LESSEE should CITY abandon the AIRPORT as a scheduled airline terminal or
should the lawful assumption by the United States Government or any
6-
authorized agency thereof, of the AIRPORT, or any substantial part thereof,
in such manner as to restrict LESSEE for a period of at least ninety (90)
days from operating thereon. LESSEE shall, in case of fire or other
casualty, give immediate notice in writing to CITY, who shall thereupon
cause the damage to be repaired forthwith, provided materials, supplies
and labor are reasonably available. If any portion of the premises is
rendered unfit for occupancy, the rent shall be apportioned for the period
of time required to make repairs.according to the part of the premises,
if any, which remains usable by LESSEE. If the entire building shall be
destroyed, then within thirty (30) days after the fire or other casualty,
either CITY or LESSEE may cancel this Lease by notice in writing to the
other, effective as of the date of the mailing of the written notice, except
that the; rent shall be apportioned as of the date of the fire or other
casualty.
ARTICLE XVI.
City Agent
CITY hereby designates its Airport Manager, as well as its City
Manager and such official as he may designate, as its official representa-
tive, with the full power to represent CITY in all dealings with LESSEE
in connection with the premises herein leased.
ARTICLE XVII.
Compliance With Rules & Regulations
LESSEE shall, at his own expense and cost, comply with all
Federal, State and local laws, rules, regulations or ordinances, now or
hereafter in effect, which are applicable to his operation at the Airport.
LESSEE recognizes that the Airport Manager is the representative of
the CITY, and agrees to cooperate fully with such official to promote
the efficient conduct of operations at the Airport.
ARTICLE XVIII.
Inspection
CITY reserves the right to enter upon the leased premises at
any reasonable time for the purpose of making any inspection of the
physical premises it may deem expedient to the proper enforcement of
any of the covenants or conditions of this Agreement.
7-
ARTICLE XIX.
Inventory
At the commencement and termination of this Agreement, an in-
ventory and condition survey shall be made by CITY's Airport Manager
or his representative, and a representative of LESSEE, on forms to be
furnished by CITY which shall show a complete inventory of the premises
and property belonging to, or under control of CITY and to be used by
LESSEE, and LESSEE agrees to fully account for all such property placed
upon or used in connection with this lease. All property belonging to
CITY shall be returned to CITY in as good condition as received, reason-
able wear and tear excepted.
ARTICLE XX.
Notification
Notice to City as herein provided shall be sufficient if written
notice is served in person or otherwise sent by registered mail to the
Airport Manager, Wichita Falls Municipal Airport, Route 4, Box 72-E,
Wichita Falls, Texas, or to LESSEE if written notice is served in person
to LESSEE or otherwise sent by registered mail to LESSEE at Route 4,
Box 72-D, Wichita Falls, Texas or at such other places as the parties
may designate in writing.
ARTICLE XXI.
Invalid Provision
It is further expressly understood and agreed by and between the
parties hereto that in the event any covenant, condition or provision
herein contained is held to be invalid by any court of competent jurisdic
tion, the invalidity of any such covenant, condition or provision shall in
no way affect any other convenants, conditions or provisions herein contained;
provided, however, that the invalidity of any such covenant, condition or
provision shall not be construed so as to materially prejudice either CITY
or the._LESSEE in his respective rights and obligations contained in the
valid covenants, conditions or provisions in this agreement.
8-
ARTICLE XXII.
Headings
The article and paragraph headings are inserted only as a matter
of convenience and for reference and in no way define, limit or describe
the scope or intent of any provisions of this lease.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed as of the day and year first above written.
LESSOR:
CITY OF WICHITA FALLS
BY:
Geral G. Fox, Cit Nana r
ATTEST:
Gerald L. Carlson, City Clerk
LESSEE:
l
Henry . JQnee;
WITNESS:
APPROVED AS TO FORM:
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H. P. •odge, Appr Attorney
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EXHIBIT A