Min 11/04/1976247
Wichita Falls , Texas
Memorial Auditorium Building
November 4, 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
Dr. Guillermo Garcia
Bill E. Gowan Aldermen
Ray Ashbrook
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 Edgar Jones, Superintendent of Missions North
Texas Baptist.
Item 3
Moved by Alderman Gowan that minutes of the meeting held October 19, 1976, be
approved.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 4a
A proposed resolution was presented designating Project Share Month, sponsored
by the Distributive Education students at Rider High School. Jerry McGee, a
Rider student, explained that they had sent out 1500 surveys to business firms.
They are making every effort to find employment opportunities for skilled handicapped.
Aldermen Ashbrook and Ryle supported their efforts , stating that their surveys had
already been returned.
RESOLUTION NO. 1868
RESOLUTION DESIGNATING THE MONTH OF NOVEMBER AS PROJECT SHARE MONTH.
WHEREAS, the Creative Marketing Project for the Distributive Education students
of Rider High School for the 1976-1977 school year is Project SHARE, which means
Skilled Handicapped, A Responsible Employee"; and,
WHEREAS, this project has been formulated and sponsored by the Sales and
Marketing Executives and the Individual Development Center of Wichita Falls, and
it is a cooperative effort between Rider Distributive Education Students and the
Opportunity Workshop Division; and,
WHEREAS, the Opportunity Workshop has established a program for the handicapped
to develop skills that can be utilized in business in our community, and Rider's
DECA Chapter will share this knowledge with the business enterprises in Wichita
Falls, by securing up-to-date information concerning employment positions available
to the skilled handicapped in the Wichita Falls business and trade areas , and by
informing the business community that the handicapped can be responsible employees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The month of November, 1976 is hereby designated as Project SHARE month in
Wichita Falls , and the DECA students of Rider High School are congratulated for
undertaking this worthwhile project, and the business community is encouraged to
cooperate with them in making it a success.
248
Item 4a, cont'd.
Moved by Alderman Ashbrook that Resolution No. 1868 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 4b
A proposed ordinance was presented granting permission for the First Wichita
National Bank to construct a cross walk over the alley on 7th and 8th, Scott and
Indiana.
ORDINANCE NO. 3136
ORDINANCE GRANTING AUTHORITY TO THE FIRST-WICHITA NATIONAL BANK TO
CONSTRUCT A PEDESTRIAN BRIDGE ACROSS THE ALLEY IN BLOCK 164 OF THE
ORIGINAL TOWN OF WICHITA FALLS.
Moved by Alderman Ryle that Ordinance No. 3136 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item 4c
Mrs. Frances Wall appeared as Project Director of the Senior Citizens Services
of North Texas , Incorporated. She explained that the roof on the old part of their
building needs to be replaced. A door on the second floor has also deteriorated.
She had obtained some estimates for these replacements. They had previously tried
to have the roof repaired, but it was not successful. The City Manager recommended
an appropriation of $4,500.00 from revenue sharing funds, stating that they would
secure informal quotations on both the roof and door.
ORDINANCE NO. 3137
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO
PROJECT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Ryle that Ordinance No. 3137 be passed, appropriating
4500.00 from revenue sharing funds for repairs to the Senior Citizens Center.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
ORDINANCE NO. 3138 v'
AN ORDINANCE AMENDING ORDINANCE NO. 3090, TO REDUCE FURTHER THE APPROPRIATION
FOR SANITATION CONTAINERS.
VP
Moved by Alderman Ashbrook that Ordinance No. 3138 be passed, reducing by
4500.00 a previous appropriation for sanitation containers.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Alderman McAlister cited certain actions of the media in a recent work session
with business representatives as being inappropriate and rude.
Moved by Alderman McAlister that the City Manager send a letter to all news
representatives of the City whereby we can establish some joint guidelines for all
news gathering agencies to follow in these meetings so that no one will be deprived
of any information.
249
Item 4c, cont'd.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 4d
The City Manager stated that he had received word that Robert Case will not
appear concerning city employees residency requirements.
Item 5a
A proposed ordinance was presented closing and abandoning alleys in Barwise
and Jalonick Addition.
r ORDINANCE NO. 3139
y.
P i/
t: AN ORDINANCE CLOSING AND ABANDONING THE ALLEYS IN BLOCKS 13 AND 14
OF THE BARWISE AND JALONICK ADDITION TO THE CITY OF WICHITA FALLS, TEXAS.
Moved by Alderman McAlister that Ordinance No. 3139 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Ashbrook, Ryle, and Mathis
Nays : None (Alderman Gowan was out of the room) .
Item 5b
f.' A proposed ordinance was presented closing and abandoning a portion of
Kings Highway and portions of certain alleys in Sunset Heights Addition.
VORDINANCE NO. 3140
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF KINGS HIGHWAY AND
PORTIONS OF CERTAIN ALLEYS IN THE SUNSET HEIGHTS ADDITION TO THE CITY OF
WICHITA FALLS , TEXAS.
Moved by Alderman McAlister that Ordinance No. 3140 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 5c
V A request was made to waive restrictions on rear alley access,- and for
reduction of street width in parts of Rolling Hills Subdivision as a test area.
Discussion was held on this matter with Alderman McAlister stating that he would
like the Council to continue to monitor the results of this process of requiring
a 15 foot alley.
Alderman Ryle stated that this is the second request, and it is also supposed
to be a test area. Where do we call a halt to test areas? He did not believe
we should continue to grant exceptions. When does it become a part of the rules?
The City Manager stated that this area has smaller lots than Midwestern Park area,
and they believe these are two different types of subdivisions. One is more
exclusive than the other. Alderman McAlister did not feel this is a proper
rational because we have several streets which have been built for several years
which have nine foot rear alley entrances. He further stated that he does not
believe it is a test, but a variance to the ordinance.
Steve Ondrejas stated that the streets are being constructed with 27 feet
pavement, and they would like to see if it would be restrictive to residential
traffic. Alderman McAlister stated that the concept of rear entrance alleys is
not new. Perhaps we should allow them to choose either. Alderman Ryle stated
that he is opposed to more regulations, noting that a builder has complained about
over-regulation of building. The City Manager stated that he does not feel that
it is a matter of not knowing the regulations, but not agreeing with them.
250
Item 5c, cont'd.
Regulations are for the protection of the public, and he feels the Council has
a legitimate role to protect the public interests . Unless we have controls, the i
public will be the loser.
VORDINANCE NO. 3141
AN ORDINANCE WAIVING RESTRICTIONS ON REAR ALLEY ACCESS AND FOR REDUCTION
IN STREET WIDTHS IN PARTS OF THE PROPOSED ROLLING HILLS ESTATES SUBDIVISION.
Moved by Alderman Ashbrook that Ordinance No. 3141 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook , Ryle, and Mathis
Nays : None
Moved by Alderman McAlister that the Planning Board be directed to review the
subdivision ordinance to allow rear entry alleys to be incorporated in that ordinance
as an option.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 5d
A proposed ordinance was presented permitting the change of location of the
temporary beer license for the Pioneer Bowl Chili Powwow from Sikes Senter to the
Fed Mart Building.
ORDINANCE NO. 3142
ORDINANCE AMENDING ORDINANCE NO. 2922, CHANGING THE LOCATION OF THE
TEMPORARY BEER LICENSE FOR THE PIONEER BOWL CHILI COOK-OFF.
Moved by Alderman Ashbrook that Ordinance No. 3142 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Mathis.
Nays : Alderman Ryle
Item 6a
A proposed resolution was presented authorizing the City Manager to execute
an agreement with Management Analysis Center, Inc. to implement zero base budgeting
in Wichita Falls. The maximum cost would not exceed $34,700. Mayor Boyd stated
that he desired the Council to be kept abreast of the developments in this process,
and suggested that the news media should also be kept informed.
RESOLUTION No. 1869
RESOLUTION APPROVING AGREEMENT WITH MANAGEMENT ANALYSIS CENTER, INC. FOR
CONSULTING SERVICES TO IMPLEMENT ZERO BASE BUDGETING.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
That certain agreement, a copy of which is attached hereto, between the City of
Wichita Falls and Management Analysis Center, Inc. , providing for consulting
services necessary to implement zero base budgeting, is hereby approved , and the
City Manager is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Garcia that Resolution No. 1869 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
251
Item 6b
A proposed resolution was presented authorizing right-of-way purchases on
Kell Freeway project.
3 RESOLUTION NO. 1870
RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY
RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION.
WHEREAS, it is necessary to acquire the properties hereinafter described for
construction of the listed project in the 1967 Capital Improvements Program, and,
WHEREAS, such properties have been appraised by appraisers employed by the
Texas State Highway Department and the amount of the values as determined from
the appraisals have been studied by the Board of Aldermen, and copies are now
in the possession of the Director of Public Works and/or Assistant City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
Section No. 1 The project and properties to be purchased by Warranty Deed
are as follows :
Kell Freeway--Project 52-380
Warranty Deed
Lot 17, Block 11, Noble's Resurvey, I. Jalonick Addition
Lot 11, Block 11, Noble's Resurvey, I. Jalonick Addition
Lot 3 , Block 5, I. Jalonick Addition
Lot 7, Block 5 , I. Jalonick Addition
Lot 8, Block 5, I. Jalonick Addition
Combined total of values approved in this resolution 39,250.00
Section No. 2 The values of such properties are hereby approved and the City
Manager is hereby authorized to purchase in the name of the Texas State Highway
Department or the City of Wichita Falls, by Warranty Deed such tracts of land as
shown on the project right-of-way map. The authorized prices to be paid for such
tracts are State approved values as determined from appraisals made by real
estate appraisers employed by the Texas State Highway Department.
Section No. 3 In the event the City Manager is unable to purchase any such
tract for such approved value, he is hereby authorized and directed to cause to
be instituted condemnation proceedings to obtain such tract in the name of the
Texas State Highway Department or the City of Wichita Falls.
Moved by Alderman Ryle that Resolution No. 1870 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, Mathis
Nays : None
Item 6c
A proposed resolution was presented approving a supplemental agreement with
the National Weather Service for lease of space at Municipal Airport.
RESOLUTION NO. 1871
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 WITH UNITED STATES
AMENDING LEASE FOR NATIONAL WEATHER SERVICE AT MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Supplemental Agreement No. 1 to Lease 06-6-021-61009, a copy of which is
attached hereto, between the City of Wichita Falls and the United States of
America, which increases the rental payable for the space occupied by the National
Weather Service 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 Ashbrook that Resolution No. 1871 be passed.
252
Item 6c, cont'd.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Ryle
Nays : None (Alderman Mathis was out of the room) .
V ltem 6d
A proposed resolution was presented authorizing a transfer of lease for 1
freight building space from Tricon International Airlines, Inc. to SMB Stage Lines,
Inc. Tricon has sold out to SMB.
RESOLUTION NO. 1872
RESOLUTION APPROVING LEASE WITH SMB STAGE LINES, INC. FOR SPACE AND
FACILITIES AT MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain lease agreement, a copy of which is attached hereto, between
the City of Wichita Falls and SMB Stage Lines, Inc. for space and facilities 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. 1872 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays : None
Item 6e
Discussion was held on proposed areas to be annexed. Certainteed has entered
2 '
into an annexation agreement with the City, and the City Manager recommended that
the area not included in this agreement be annexed.
Mr. John Vitek of American Resin Company opposed the annexation of his property
adjacent to Certainteed. Mr. Tom Bachus, Attorney for American Resin and Chemical
Corporation, stated that what we are talking about is equity and fairness. In
relocating this industry, Mr. Vitek talked with the BCI and Mr. Ondrejas concerning
annexation. It was Mr. Vitek's understanding that this property would not be
annexed until Certainteed was annexed. Mr. Ondrejas pointed out however, that at
that time Certainteed owned the property.
Moved by Alderman Ryle that we make an exception and offer Mr. Vitek the same
opportunity as Certainteed is being offered.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Alderman Ryle felt that every industry locating in Wichita Falls should be
given the same opportunity to have the non-annexation contracts the same as any
other industry. He feels the policy should be uniform for all. The City Manager
stated that he did not disagree with uniformity, but questioned whether we should
offer them any concession at all. Aldermen Ryle and Ashbrook agreed that they did
not believe taxes were going to keep industries away.
Aldermen McAlister and Gowan were of the opinion that every industry coming
here would be encouraged to locate just outside the city limits. The City Manager
agreed, stating that the Council would have to consider the cost of providing
services to them. It was the consensus of the Council that this matter be studied
by the Planning Board. They also authorized the City Manager to make the same
offer to Texas Electric, as they did to Mr. Vitek, for the property owned by them
adjoining Mr. Vitek's property.
RESOLUTION NO. 1873
A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
253
Item 6e, cont'd.
Section 1. A public hearing shall be held in the City Council Chambers in
Memorial Auditorium in Wichita Falls, Texas at 8:30 o'clock A.M. on the 23rd day of
November, 1976 at which time all interested persons will be given an opportunity
to be heard concerning the intention of the Board of Aldermen to institute
annexation proceedings, annexing the following described lands :
A tract of land out of Denton County School Land , League 2, A-57,
Wichita County, Texas, and shown on the attached plat as Tract I.
Section 2. The City Clerk is directed to give public notice of such hearing
by publishing a notice thereof one (1) time in a newspaper having general circulation
in the city and in the territory to be annexed , not more than twenty (20) days nor
less than ten (10) days prior to the hearing.
Moved by Alderman Ryle that Resolution No. 1873 be passed, deleting the area
under discussion.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, and Mathis
Nays : None (Alderman Ashbrook was out of the room) .
O tem 4e
Ray Gene Smith, Attorney, appeared for John Shiloh regarding tattoo establish-
ments, which are now prohibited by ordinance in Wichita Falls. He noted that in
other cities where they are in operation the health department inspects the
business for cleanliness and sanitary conditions. It was his feeling that the
owner would be willing to pay for inspections. He stated that his client uses the
same sterilization method as the hospitals , and in fact has better equipment than
one of the hospitals.
Dr. Parker recommended against repeal or change of our present ordinance, and
mentioned various infections which may be contacted without proper sterilization.
He stated that he knows of no way that the health department can continuously
monitor such operations. It was suggested that he check with other cities in
Texas regarding their rules and regulations. Other discussion centered around
restricting the rights of individuals to do what they desire.
Moved by Alderman Mathis that action on this matter be postponed, and that
an ordinance be drawn up for discussion on December 7.
Motion seconded by Alderman Ryle, and carried unanimously.
v Item 6f
A request was presented from a group of residents at Dean who desire to
incorporate as a town under the general laws of the State of Texas. Because they
are in our extraterritorial jurisdiction it is necessary that the City of Wichita
Falls give its consent to incorporation.
RESOLUTION NO. 1874
RESOLUTION GRANTING CONSENT TO THE INCORPORATION OF THE TOWN OF DEAN
WITHIN THE EXTRATERRITORIAL JURISDICTION OF WICHITA FALLS, TEXAS.
WHEREAS, a group of residents of the community of Dean in Clay County, Texas
desire to incorporate as the Town of Dean under the general law of the State of
Texas; and,
WHEREAS, the proposed corporate limits extend into the extraterritorial
jurisdiction of the City of Wichita Falls, and the Board of Aldermen of Wichita
Falls has been requested to give its written consent to this encroachment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Consent is hereby given to the initiation of incorporation proceedings for
the proposed Town of Dean within the extraterritorial jurisdiction of the City
of Wichita Falls as shown on the plat, a copy of which is attached hereto,
prepared by Biggs & Mathews, Inc. ; provided, however, that none of the extra-
territorial jurisdiction of Wichita Falls is relinquished except for that actually
within the corporate limits of the Town of Dean.
254
Item 6f, cont'd.
Moved by Alderman Garcia that Resolution No. 1874 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ashbrook, and Mathis
Nays : None (Alderman Ryle was out of the room) .
Item 6g
A proposed resolution was presented authorizing the City Manager to execute
a software lease with Nichols and Company. The City Manager explained that we
are looking at a system which would assist our managers in better planning and
resources to carry out their responsibilities. Lease of this equipment is requested
to give them additional management capability to control the resources. Assistant
City Manager Voin Campbell stated that this is a tool to be used by management,
and not as a substitute for management. The benefits should far exceed the
investment to be made. The rental fee of $14,800 will be paid in six installments.
RESOLUTION NO. 1875
RESOLUTION APPROVING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND
NICHOLS & CO. , INC.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the City
of Wichita Falls and Nichols & Co. , Inc. , 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. 1875 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 6h
A proposed resolution was presented changing certain cemetery fees. f
f V_
RESOLUTION NO 1876
RESOLUTION AMENDING RESOLUTION NO. 1856, TO CHANGE CERTAIN CHARGES FOR
VAULT INSTALLATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Resolution No. 1856 is hereby amended so that the charge for vault installation,
in Riverside and Rosemont Cemeteries and Lakeview Cemetery, shall read as follows :
Concrete vault installation 25.00
Steel vault installation 20.00
Moved by Alderman Ryle that Resolution No. 1876 be passed.
Motion seconded by Alderman Mathis , and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Ryle, and Mathis
Nays : None (Alderman Ashbrook abstained from voting because of a possible
conflict of interest) .
Item 7a
A proposed resolution was presented accepting improvements and authorizing
final payment on tennis courts at Weeks Park.
255
Item 7a, cont 'd.
RESOLUTION NO. 1877
RESOLUTION ACCEPTING THE RESURFACING AND COLOR COATING FIVE EXISTING
TENNIS COURTS AT WEEKS PARK.
WHEREAS, the City of Wichita Falls and Stuckey Construction Co. , Inc, entered
into a contract dated February 18, 1976, wherein the contractor agreed to resurface
and color coat five existing tennis courts at Weeks Park; and,
WHEREAS, said project has been completed in accordance with the plans and
specifications ; and,
WHEREAS, the contract price for such project was $12,288.00; of this amount,
11,059.20 has been paid, leaving a balance due the contractor of $1 ,228.80.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The resurfacing and color coating of the five tennis courts at Weeks Park is
accepted by the City of Wichita Falls, and the City Manager is directed to pay to
said contractor the balance due in the amount of $1,228.80.
Moved by Alderman Mathis that Resolution No. 1877 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 8a
Permission was requested to advertise for base and alternate bids for police
building repair and expansion.
C Moved by Alderman Garcia that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 8b
Permission was requested to advertise for bids for an articulated wheel
loader for Parks Department.
Moved by Alderman Ryle that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 8c
Permission was requested to advertise for bids on 23 cars, 25 trucks, and 2
1 scooters. Alderman Mathis questioned specifications on the cars for General
ft" Services and Public Utilities, such as remote control outside rear-view mirrors,
wheel base of 116 inches, cloth seat covers rather than vinyl, tinted glass, and
variable speed windshield wipers. Ben Shelton stated that these cars are for
directors or department heads on out of town trips , with passengers. He stated
that some of these items are standard on the vehicles , but he lists them individually.
Subcompact cars and half-ton pickups were also discussed.
Moved by Alderman Ryle that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Garcia, and carried unanimously.
256
Item 8d
Permission was requested to advertise for bids for construction of rest
yam/
rooms at Lynwood East Park.
Moved by Alderman Gowan that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Mathis, and carried unanimously.
Item 8e
Permission was requested to advertise for bids for light fixtures and
standards at Hamilton and Weeks Parks tennis centers .
Moved by Alderman Mathis that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 8f
Permission was requested to advertise for bids on traffic control equipment
for the following intersections.
a. Kell Boulevard at Kemp
b. Midwestern Parkway/Call Field Road at Kemp
c. Midwestern Parkway at Maplewood.
Moved by Alderman Garcia that authority be granted to advertise for bids
as requested.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 9
Moved by Alderman Ashbrook that minutes of the meetings of the following
boards and commissions be received.
a. Planning Board - October 13, 1976
b. Parks Board - October 26, 1976
c. Mayor's Commission on the Status of Women - October 7, 1976
d. Aviation Advisory Board - October 6, 1976
Motion seconded by Alderman Garcia, and carried unanimously.
Item 10a
Moved by Alderman Garcia that a public hearing on hazardous structures be
held on December 7, 1976.r
Motion seconded by Alderman Ryle, and carried unanimously.
Item 10b
Moved by Alderman Garcia that Mr. Kary Allums, Electra, be appointed to the
Board of Trustees of Mental Health Mental Retardation, for a term to expire
July 10, 1977. (This appointment replaces Mrs. Ed Hart, who resigned) .
Motion seconded by Alderman Ryle, and carried unanimously.
Various members of the Council and citizens commented briefly on such r'
matters as the policy on obscene material , letters from citizens regarding higher
water bills, increase of water tap fees, tax exemptions to PPG and Certainteed
which are tied to five or seven years, taxation of business inventory, school
crossing guards at Kell and Taft, break-ins at the city pound, charges for
257
Item lob, cont'd.
dredging of Lake Wichita as requested by Dr. Ledbetter , and the supreme court's
ruling on the motion in the Gleghorn case.
Alderman Garcia thanked Voin Campbell for the information regarding the
f` 1 ; police reserve, stating that he understands the position of the city as far as•
liability is concerned. He does feel that their value is under estimated. He
would like to know under what conditions the volunteer fire departments operate
in Texas.
Moved by Alderman Garcia that members of the police reserve be awarded a
plaque of commendation, and that they be brought before the Council for presentation.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Alderman Mathis requested information on taxes and utility charges for
American Resin and Chemical Company property.
The Board of Aldermen adjourned at 1 :25 P.M.
PASSED AND APPROVED this A day of y / 1976.
MAYOR
ATTEST:
CITY CLERK
ik67
7 4:7
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA
This agreement made and entered into this the
day of 1976 , by and between the City
of Wichita Falls, Texas, a municipal corporation, herein-
after called City, and Management Analysis Center, Inc. ,
hereinafter referred to as MAC,
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual covenants
herein contained, City and MAC agree as follows :
I .
MAC shall perform the services as specified in
Exhibit A, the 'Formal Work Statement of Design and
Assistance in Implementation of a Zero-Base Budgeting
Process for the City of Wichita Falls, which is incor-
porated herein. MAC shall serve as consultant to City
for the purpose of analyzing and evaluating the current
management systems and budgeting procedures of the
various departments of City in a budget management
audit phase which will be referred to as "Phase I" ; pre-
paration for City of draft budget instruction incorpor-
ating a detailed design for the implementation of Zero-
Base Budgeting for City, hereinafter referred to as
Phase II" ; and, furnishing a training program for all
City personnel to be involved in Zero-Base Budgeting, pro-
viding direct assistance to each decision unit manager
in analyzing his program, defining and outlining meaning-
ful levels of service, identifying measures of service
quality and quantity appropriate for Zero-Base Budgeting,
and, as necessary, consulting with analysts from the City
Manager' s Office to aid in insuring timely and accurate
submission of forms documenting the results of the
planning process, hereinafter called "Phase III . "
II .
MAC shall begin implementation of "Phase I" of this
agreement upon the date of execution of this agreement
and shall complete "Phase III" of this agreement by
not later than September 30 , 1977 .
III.
The Director of Budget and Research of City will
be the liasion to whom MAC will d ...rect reports and by
whom approval shall be given. Further, the Director
of Budget and Research and/or his staff shall assist in
identifying relevant documents for review and in setting
up interviews between MAC and City personnel.
IV.
Upon satisfactory completion of "Phase I" under this
agreement, MAC shall be paid for hours billed and actually
worked, which in no case shall exceed the maximum amount
of ten thousand two hundred dollars ($10, 200 . 00) . Upon
satisfactory completion of "Phase II" MAC shall submit
bills to City and shall be paid for hours actually worked
but in no case shall the total cost to City of"Phase II"
exceed the maximum amount of eight thousand five hundred
dollars ($8 , 500 . 00) . Upon satisfactory completion of
Phase III" , MAC shall bill City for hours actually worked
in completing said phase and City shall pay this amount
but in no case shall the total cost of completion of
Phase III" exceed the maximum amount of sixteen thousand
dollars ($16, 000. 00) . The total amount to be paid by
City to MAC for satisfactory completion of "Phases I , II
and III" shall not exceed the total contract figure of
thirty-four thousand seven hundred dollars ($34,700 .00) .
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i
V.
ti
All projects, documents , data, plans, programs and other
I work products resulting from the implementation of MAC ' s
Zero-Base budgeting procedures for City under this
agreement shall become the exclusive property of City upon
payment therefor to MAC by City. MAC shall have no right
to such projects, plans, data, programs, off work products
which are the output of City personnel.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be signed and dated the day and year
first above stated.
City of Wichita Falls , Texas
BY:
Gerald G. Fox, City Manager
ATTEST:
City Clerk
Management Analysis Center, Inc.
BY:
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EXHIBIT "A"
Formal Work Statement
Design and Assistance in
Implementation of a Zero-Base Budget Process
for Wichita Falls
I. Design Specifications - Budget Management Audit
1. MAC will survey existing budget and management systems which include but
are not necessarily limited to:
o Management accounts structure
o The current budget process
o Operations analysis review
o Monthly progress reporting
o Financial reporting system
o Definition of goals and objectives being developed
a. This will involve identification and intensive review of documents
describing the budget/management systems or productes generated
by them.
b. Selected interviews will be conducted of personnel responsible for
various aspects of design, coordination, operation or use of systems.
These may include personnel in the City Manager's office, department
heads and/or their staff.
2. MAC will evr'.uate the existing management systems:
a. Evaluation criteria will be developed in agreement with the Director of
Budget and Research.
b. Evaluation and in-depth analysis will be under taken of the budget/manage-
ment systems.
c. MAC will prepare a brief written report summarizing findings from
investigations, evaluating systems, and recommending how to best
mesh them with Z BB efforts.
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3. MAC will prepare a brief written report recommending the approach to
zero-base budgeting including:
I
o Detailed project plan and schedule for the rest of the ZBB process.
o Information to be collected in budget submissions.
o General responsibilities of MAC and Wichita Falls personnel.
o Approach to defining budget units.
4. An oral briefing will be made to management to summarize the evaluation
and analysis of budget management systems and the recommended approach
to ZBB. The outcome of this meeting and suggested modifications should be
approved by WichiLa Falls to proceed to detailed design.
IL Detailed Design
1. MAC will interview each department head and/or designee to review the
organization and program of each department, review his existing budget
process and individual management systems, and to guage the capacity of
managers to describe and analyze their operations.
2. As necessary, follow-up interviews or discussions will be conducted with the
City Manager's staff.
3. MAC will prepare and submit to Wichita Falls draft budget instructions
which will include:
o Identification of decision units and decision unit managers
o Forms to be used
o General procedures for analysis
o Specific ZBB timetables
o Specific roles and responsibilities
4. Following detailed discussion of the draft, agreed modifications will be
incorporated into a final draft to be submitted to the City of Wichita Falls.
Final preparation of the document and the production of the camera ready
copies for printing and dissemination will be provided by the City of Wichita
Falls.
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III. Training and Technical Assistance
1. MAC will prepare and conduct a training program for all City personnel to
be involved in zero-base analysis, planning, and ranking. We assume that
two sessions will have to be held so that no more than 30 individuals will be
involved in each.
2. MAC will directly assist each decision unit manager to analyze his program,
to define and outline meaningful levels of service, and to identify measures
of service quality and quantity appropriate to zero-base budgeting.
3. As necessary, MAC will consult with the Director of Budget & Research who
will take responsibility for insuring timely and accurate submission of forms
documenting the results of the planning process.
4. MAC will develop checklists for review of submissions, and recommend
alternate approaches to ranking (or the review of ranking) by the Manager
and Board of Aldermen.
IV. Other Considerations
1. MAC assumes that the Director of Research and Budget will be the City
Official to whom reports will be directed and approvals given and that he
and/or his staff will assist in identifying relevant documents for review and
in gaining access to City Officials for interviews.
2. MAC's work predicated on the desire of Wichita Falls to build the internal
capacity to operate and modify ZBB in the future. Accordingly we assume
that at least 3 individuals will be working with MAC staff during the early
stages of implementation up to one-half time. They will be responsible for
coordinating completion of implementation, e.g. insuring the correctness and
timeliness of budget submissions and for their technical review and program
policy analysis after submission.
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SCHEDULE AND COST
Design Specifications - Budget Manaagement Audit
Commence:
Approximately November 15, 1976
Complete:
About January 21, 1977
Cost: $10,200
II. Detailed Design
Commence: Date to be determined in Phase I but not before completion
of that Phase.
Complete: Four to eight weeks following commencement
Cost: $8,500
III. Training and Technical Assistance
Commence: Date to be determined in Phase I but not before completion
of Phase II.
Complete:
o Direct technical assistance six to eight weeks after commencement.
o Consultation with City analysts four to six weeks later.
o Checklists and alternate approaches to ranking and review two
weeks later.
Cost: $16,000
As is MAC's standard practice the cost figures are upper limits and the City will be
billed only for hours actually worked.
Contract No. 06-6-021-61009
f(-%/
UNITED STATES DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL WEATHER SERVICE SOUTHERN REGION
Fort Worth, Texas
SUPPLEMENTAL AGREEMENT NO. 1
THIS AGREEMENT, made and entered into on November 4, 1976 by and between the
City of Wichita Falls, whose address is Municipal Airport, Rt. 4, Box 72-E, hereinafter
called the Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government,
witnesseth:
THAT, WHEREAS, the parties hereto have heretofore entered into Lease 06-6-021-61009
dated July 1, 1975, covering occupancy of premises by the Government in the Adminis-
tration Building, and at the Municipal Airport, Wichita Falls, Texas; and,
WHEREAS it is now the intent of the parties hereto to amend said lease to reflect an
increase in rental rate,
NOW, THEREFORE, it is mutually understood and agreed, by and between the parties
hereto, that effective as of November 1, 1976, paragraphs 3, and 5 of said lease are
amended, in their entirety, to read as follows:
ParagLraph 3: The Government shall pay the Lessor annual rent of $5501.44 at the rate
of $458.45 per month in arrears. Rent for a lesser period shall be prorated.
Paragraph 5: This lease may at the cption of the Government, be renewed from year to
year at a rental of Five Thousand Five Hundred One and 44/100 Dollars ($5501.44) and
otherwise upon the terms and conditions herein specified, provided notice be given in
writing to the Lessor at least thirty days before this lease or any renewal thereof
would otherwise expire: Provided that no renewal thereof shall extend the period of
occupancy of the premises beyond the thirtieth day of June 1979, such notice to be
computed from date of mailing.
The considerations, acts, promises, agreements and provisions to be executed and
performed by each party, as provided in said lease, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their name as of the
date first above written.
CITY OF WICHITA FALLS UNITED STATES OF AMERICA, Department
of Commerce, NOAA-National Weather
Service
J
By: BY __._mil S_
efdl-d-G:` _R_ Deic, ordyL. Tooley -
Title: City Manager Title: Contracting Officer
1/- g--71(o
AGREEMENT AND LEASE OF PREMISES
AT
WICHITA FALLS MUNICIPAL AIRPORT
THIS AGREEMENT, made and entered into as of the di-A- day of
r,..f;,y),ke; , 1976 by and between the City of Wichita Falls, a municipal
corporation of the State of Texas (hereinafter referred to as the 'City')
and SMB Stage Lines, Inc. , a corporation organized and existing under
the laws of the State of Missouri (hereinafter referred to as the 'Airline').
W I T N E S SETH :
WHEREAS,. the United States Air Force owns and operates a military
air field known as Sheppard Air Force Base located in the County of Wichita,
State of Texas which Air Force Base depicted in Exhibit A; and
WHEREAS, the City leases a tract of land on Sheppard Air Force
Base on which Wichita Falls Municipal Airport is located, which airport is
shown in Exhibit B.
WHEREAS, the City has entered into an Agreement with the United
States Air Force which permits upon specified terms and under specified
conditions the use by civil aircraft of Sheppard Air Force Base and
necessary appurtenances at the Air Force Base; and
WHEREAS, the Airline is engaged in the business of Interstate
air transportation with respect to cargo, freight and property; and
WHEREAS, the parties hereto desire to enter into an agreement
for the use of premises and facilities on said Air Force Base and into
an agreement for the lease and use of premises and facilities at said
Airport all as more fully hereinafter set forth;
NOW, THEREFORE, the parties hereto, for and in consideration of
the rents, covenants and agreements contained herein, agree as follows:
ARTICLE I - Premises
City does hereby demise and let unto Airline, and Airline does
hereby hire and take from City, the following premises and facilities,
rights, licenses and privileges on and in connection with the property
pcQ
and improvements specified at said Air Force Base and Airport, as more
particularly hereinafter set forth:
A) Use of Air Force Base and Airport Areas: The use, as
authorized by that certain "Department of the Air Force Lease of Property
on Sheppard Air Force Base, Texas" between the Secretary of the Air Force
and the City of Wichita Falls, Texas, effective May 15, 1959 and designated
Contract DA-41-443-eng-5551 which is incorporated herein by reference, in
common with others authorized so to do, of said Air Force Base and Airport,
which use shall consist of:
1) The operation of a transportation system by aircraft for
the carriage of cargo, freight and property hereinafter referred to as
air transportation' ;
2) The repairing, maintaining, conditioning, servicing
and parking of aircraft or other equipment of Airline;
3) The training at the Air Force Base and Airport of person-
nel in the employ of or to be employed by Airline, and the testing of air-
craft and other equipment, it being understood that such training and testing
shall be incident to the operation by Airline of its air transportation
system;
4) The right to load and unload cargo, freight and property
at said Airport by such motor cars, trucks or other means of conveyance as
Airline may desire or require in the operation of its air transportation
system, with the right to designate the particular carrier or carriers
who shall or may transport said cargo, freight and property to and from
the Airport; provided, however, that such carrier or carriers may be
required by City to comply with rules and regulations of City and to pay
to City such fees as are provided for in Article V hereof; and provided
further that the foregoing shall not be construed as imposing upon City
any obligation other than the granting of such right. All such loading
and unloading operations shall be conducted in accordance with rules and
regulations of the City;
5) The right to install and operate advertising signs on
the leased premises, the general type, quantity and design of such signs
to be subject to the approval of City's Airport Manager;
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6) The rights and privileges granted Airline under this
Article I with respect to the performance of ground services and activity
in connection with its air transportation operations at the Air Force Base
and Airport may be exercised by Airline for and on behalf of any other
air transportation company or companies authorized by City to use the Air
Force Base and Airport. Such rights and privileges shall be deemed to
include all activities incidental to the receipt, dispatch, loading, un-
loading and storage of cargo, freight and property, and all ramp, repair,
maintenance and dispatching services incidental to the operation of air
craft at the Air Force Base and Airport and such storage and fuel servicing
as shall be authorized or furnished by Fixed Base Operators having a contract
with City. Such rights and privileges shall be deemed to include all air-
line aircraft operated, as well as, owned by Airline, subject to the limita-
tions specified in Article VII, provided however that the provisions of
this contract shall not be construed as authorizing Charter services by
Airline and such services are expressly prohibited from the Airport except
those Charter services by Airline utilizing aircraft used in Airlines'
regularly scheduled cargo services to the Airport and such charter services
as authorized above shall be limited to Cargo only.
B) Cargo Loading Dock: The use, in common with other scheduled
airlines of the outside loading dock.
C) Space in Freight Building: The use of approximately 342
square feet of space within said building as depicted on Exhibit C.
Airline shall be authorized to provide a fenced area within its authorized
space, however, Airline understands and agrees that vehicular and pedestrian
access will be provided to users of such Freight Building. Plans and speci-
fications for such fencing as Airline shall desire to erect shall be subject
to the approval of the Airport Manager.
D) Parking Space: The use by Airline employees, in common with
others, of such vehicular parking space as is provided for employees sub-
ject to the Rules and Regulations as are applicable to parking at said
Airport. A reasonable charge may be made for the use of such parking space.
E) Right of Access, Ingress and Egress: The full, free and un-
restricted access and ingress to and egress from the premises outlined in
3-
A) through (D) above for Airline, its employees, guests, patrons, invitees,
suppliers of materials and furnishers of service, its or their aircraft,
equipment, vehicles, machinery and other property.
ARTICLE II - Term
Airline shall have and hold said premises, facilities, rights,
licenses and privileges set forth in Paragraphs (A) to (E) inclusive of
Article I for an initial term of five (5) years, beginning October 1, 1976
and ending September 30, 1981, except that the rents and fees hereinafter
provided in Article III, Paragraphs (A) through (B) shall be subject to
renegotiation upon thirty (30) days written notice by City after September 30,
1978.
On expiration of this initial five (5) year term, Airline shall
have two successive one (1) year options to extend this lease agreement.
ARTICLE III - Landing, Ramp and Terminal Fees
A) Landing Fees: Airline shall pay City $2.50 per landing pro-
vided that should airline utilize aircraft of over 30,000 pounds in such
service, Airline, in lieu of the above specified fee, shall pay to City
a landing fee at the rate currently charged other airlines serving the
Airport. This fee shall further be subject to renegotiation, if requested
by City in writing, at any time that the United States terminates use of
Sheppard Air Force Base as a military installation, as provided for in
section 25g of Contract DA-41-443-eng-5551. In this event, the parties
agree to attempt, in good faith and immediately, to reach an agreement as
to the landing fee to be paid by Airline, effective from and after, the
date City assumes responsibility for control and maintenance of the landing
areas, runways, taxiways and necessary appurtenances. In the event the
parties are unable to reach such agreement within sixty (60) days from the
date of receipt by Airline of City's request for renegotiation, City may
cancel and terminate this agreement by thixty (30) days written notice to
Airline.
The Airline shall keep the Airport Manager fully advised regard-
ing the number of flights utilizing the landing field. City shall, follow-
ing the end of each month, transmit to Airline a statement of rentals,
fees and charges incurred by Airline during said month as above and here-
4-
inafter provided and same shall be paid by Airline within ten (10) days
following receipt of such statement. All unpaid monies due the City
hereunder shall bear a service charge of one and one-half (11%) percent
per month if same is not paid and received by City within ten (10) days
after receipt of City's monthly statement. Airline agrees that it shall
pay and discharge all costs and expenses including attorney's fees incurred
or expended by the City in collection of said delinquent amounts due.
B) Rental With Respect to Terminal Freight Building:
Airline will pay the City a monthly rental for the interior cargo space
cited in Article I (C) above at the rate of $3.47 per square foot per
annum; which rental shall be paid monthly.
Terminal Freight Building Monthly Rental
Freight Space (342 sf @ $3.47/sf/a) - $98.89
ARTICLE IV - Right To Lease Property
City represents that it has the right, power and authority to
enter into this agreement with respect to said property specified herein
as the Air Force Base and Airport, together with all the facilities.
ARTICLE V - Other Charges or Fees
It is agreed that no charges, fees, or tolls, other than herein
expressly provided for, shall be charged or collected by City or by any
other person, firm or corporation presently or in the future having any
interest in said Air Force Base and Airport or any part thereof, except
as to the right of Fixed Base Operators operating under contract with
City to charge for storage, gasoline, fuel or services from Airline;
provided however, that the City may levy a reasonable charge against any
taxi, limousine or other company or operator carrying cargo, property or
freight to and from the Airport. It shall be expressly understood, however,
that no charge shall be assessed against Airline for its transportation of
cargo, property or freight by its own vehicles.
ARTICLE VI - Maintenance and Operation of Airport
City agrees that it will maintain the said Airport and appurte-
nances in such manner as to comply with all appropriate local, State and
Federal regulatory authorities having jurisdiction thereof.
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City agrees during the term of this agreement to maintain and
operate and to keep in good repair said Airport, including Terminal Freight
Building and the appurtenances, facilities and services now or hereafter
connected therewith, including all appurtenances and facilities which the
City should undertake to construct, furnish or supply and to keep said
Airport free from obstructions for the safe convenient and proper use
thereof by Airline.
It is expressly understood that City will provide and supply
adequate heat, lights and electricity within the Terminal. Freight Building.
ARTICLE VII - Rules And Regulations
Airline covenants and agrees to observe and obey and to require
all its employees to observe and obey, all reasonable rules and regulations
which may from time to time during the term hereof be promulgated and en-
forced by City for the conduct and operation of the Air Force Base and
Airport.
Airline shall park, load and unload its aircraft at the extreme
east side of the Public Ramp provided that should Airline utilize air-
craft over 25,000 pounds, the adjacent portion of the commercial ramp
may be utilized. Airline shall provide its own personnel to transport,
load and unload cargo, freight and property to/from and between the
Freight Building and its aircraft.
ARTICLE VIII - Damage or Destruction of Building
If any building in which Airline occupies exclusive space here-
under shall be partially damaged by fire or other casualty but not rendered
untenantable, the same may be repaired by the City at its .own cost and ex-
pense. If the damage shall be so extensive as to render the premises un-
tenantable the rent payable hereunder with respect to Airline's exclusive
space and the services therewith shall be proportionately paid up to the
time of such damage and shall thenceforth cease until such time as the
premises shall be in order or until suitable space be provided. In case
said building is completely destroyed by fire or other casualty or so
damaged that it will remain untenantable for more than sixty (60) days,
at the option of the City, either 1) said building shall be repaired or
reconstructed and the rent payable hereunder with respect to Airline's
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exclusive space and the services therewith in said building shall be
proportionately paid up to the time of such damage or destruction and
shall thence forth cease until such time as the premises shall be put in
order; or 2) within sixty (60) days after the time of such damage or
destruction and before the premises shall be put in order, the City may
give notice of its intention to cancel this lease or to cancel such part
of this lease as relates only to said building, in which case this lease
or such part of this lease as relates only to said building, shall forth-
with cease and terminate.
ARTICLE IX - Cancellation by City
This contract is entered into by City for the express purpose of
furthering and promoting air commerce to the community and with the under-
standing that Airline will provide its service in a manner consistent
with the development of such air commerce. It is specifically understood
by the parties hereto that Airline will operate its service to the com-
munity by air as intended by its certification by the State and/or
Federal Regulating Authorities. This contract is further entered into
upon the warranty to City by Airline that it will promptly discharge all
financial responsibilities which accrue under this contract to City; that
it will promptly pay all accounts, if any,owing to Fixed Base and other
operators at the Airport; and that it will, during the term of this lease,
maintain a position of financial responsibility to its creditors, as well
as to the City. The City reserves the right to cancel this agreement-upon
thirty (30) days written notice at any time the City Manager deems the
continuance of the Airline is not in the best interest of the City or the
public and to support such other airline as City deems appropriate in
obtaining the necessary certificates to operate over the same or other
routes served by Airline.
Failure on the part of Airline to pay the rent hereunder within
fifteen days after same shall become due, time being of the essence, shall
authorize City, at its option and without any legal proceedings, or notice,
to declare this lease terminated, cancel the same, and re-enter and take
possession of the premises and to terminate the right of Airline to
utilize Airport facilities and the Airport. Further, should Airline
7-
default in the performance of any of its other duties or covenants contained
herein and fail to cure such default within fifteen days after written
notice thereon from City, then City may, at its option terminate all rights,
privileges and interests of Airline and repossess all premises herein leased,
and in such event, Airline agrees to deliver possession of the same peaceably
and relinquish all rights incident thereto.
In the event that Airline shall file a voluntary petition in bank-
ruptcy or that proceedings in bankruptcy shall be instituted against it or
that the Court shall take jurisdicti,an of Airline and its assets pursuant
to proceedings brought under the :ovisione of any Federal reorganization
act, or that a receiver. of Airline's assets shall be appointed, or that
Airline shall be divested of its estate herein by other operation of law
or that Airline shall fail to perform, keep and observe any of the terms,
covenants or conditions herein contained on the part of Airline to be
performed, kept or observed, the City may give Airline notice in writing
of intent to terminate this lease and the term hereby demised shall
thereupon cease.
The acceptance of rental by City for any period or periods after
a default of any term, covenant or condition herein contained to be per-
formed, kept and observed by Airline shall not be deemed a waiver of any
right on the part of City to cancel. this lease for failure by Airline
so to perform, keep or observe any of the terms, covenants or conditions
hereof to be performed, kept and observed. No waiver of default by City
of any of the terms, covenants or conditions hereof to he performed, kept
and observed by Airline shall be construed to be or act as a waiver of any
subsequent default of any of the terms, covenants and conditions herein
contained to be performed, kept and observed by Airline.
City may also terminate this lease by written notice to Airline
in the event of the assumption. by the United States Government or any
authorized agency thereof of the operation, control or use of said Air
Force Base, Airport and facilities or any substantial part or parts thereof
in such manner as to prevent the City, for a period of at least ninety (90)
days, from performance of its obligations under the terms, covenants and
conditions hereof to be performed, kept and observed by City.
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Issuance by any court of competent jurisdiction of an injunction
in any way preventing or restraining the use of said Air Force Base or
Airport or any part thereof for airport purposes, and the remaining in
force of such injunction for a period of at least fifteen (15) days; or
any action of the Federal Aviation Administration, Civil Aeronautics Board
or Texas Aeronautics Commission terminating the right of Airline to operate
into, from or through said Air Force Base such aircraft as Airline may
reasonably desire to operate thereon shall authorize City to terminate such
lease on written notice to Airline.
ARTICLE X - Cancellation by Airline
Airline, in addition to any right of cancellation or any other
right herein given to Airline, may cancel this agreement, in whole or
only insofar as it relates to any building and terminate all or any of its
obligations hereunder at any time, by thirty (30) days written notice to
City, upon or after, the happening of any one of the following events.
A) Issuance by any court of competent jurisdiction of an injunc-
tion in any way preventing or restraining the use of said Air Force Base
or Airport or any part thereof for airport purposes, and the remaining in
force of such injunction for a period of at least fifteen (15) days;
B) The failure or refusal of the Federal Aviation Administration
or the Texas Aeronautics Commission to continue to grant Airline the right
to operate into and from said Air Force Base;
C) Any action of the Federal Aviation Administration, Civil
Aeronautics Board or Texas Aeronautics Commission refusing to permit Air-
line to operate into, from or through, said Air Force Base such aircraft
as Airline may reasonably desire to operate thereon;
D) The breach by City of any of the covenants or agreements
herein contained and the failure of City to remedy such breach for a
period of thirty (30) days after receipt of a written notice of the
existence of such breach;
E) The inability of Airline to use the Air Force Base or any of
the premises, facilities, rights, licenses, services or privileges leased
to Airline hereunder for a period in excess of thirty (30) days because
of any law or any order, rule or regulation of any appropriate governmental
9-
authority having jurisdiction over the operations of Airline, or because
of war, earthquake or other casualty;
F) The assumption by the United States Government or any author-
ized agency thereof of the use, maintenance or operation of said Air Force
Base, Airport and facilities or any substantial part or parts thereof in
such manner as to prevent the full use and enjoyment by the Airline of its
rights under this lease;
G) The erection of any obstacle on or in the vicinity of said
Air Force Base which would occasion a cancellation of Airline's operating
certificate or similar authorization establishing minimum safety standards
for the operations of Airline.
H) If by reason of any action or non-action of the Federal
Aviation Administration or other governmental agency having jurisdiction
to grant a certificate of convenience and necessity or similar document
authorizing the Airline to operate aircraft in or out of the Air Force
Base (including action in the nature of alteration, amendment, modification,
suspension, cancellation or revocation of any such certificate or document),
the Airline shall cease to have authority to operate aircraft in or out of
the Air Force Base pursuant to such certificate or document.
ARTICLE XI - Indemnity
Airline agrees to indemnify and hold City harmless from and against
all liability for injuries to persons or damage to property caused by Air-
line's negligent use or occupancy of the Air Force Base and Airport or
negligent operation of aircraft, provided that City shall give to Airline
prompt and timely notice of any claim made or suit instituted which in any
way, directly or indirectly, contingently or otherwise, affects or might
affect Airline. Airline shall maintain during the term of this lease, at
its own expense, standard form policies of insurance which shall name the
City as co-insured and copies of which shall be provided City as follows:
Comprehensive General Liability for Premises and Operations:
Bodily Injury (each accident)100,000 each person
300,000 each accident
Property Damage 300,000 each accident
10-
Aircraft Liability:
Bodily Injury (each accident) 100,000 each person
300,000 each accident
Property Damage 300,000 each accident
Motor Vehicle Liability:
Bodily Injury (each accident) 100,000 each person
300,000 each accident
Property Damage 300,000 each accident
Limits as required above are considered to be minimum requirements only
and Airline in the public weal is encouraged to carry higher limits.
ARTICLE XII - Quiet Enjoyment
City agrees that, on payment of the rent and performance of the
covenants and agreements on the part of the Airline to be performed here-
under, Airline shall peaceably have and enjoy the leased premises and all
the rights and privileges of said Air Force Base and Airport, its
appurtenances and facilities, as herein provided.
ARTICLE XIII - Surrender of Possession
Airline agrees to yield and deliver to City possession of the
premises leased herein at the termination of this lease, by expiration or
otherwise, or of any renewal or extension thereof, in good condition in
accordance with its express obligations hereunder only, except for damage
due to reasonable wear and tear, fire and other casualty.
ARTICLE XIV - Assignment, Transfer, and Compliance
A) Airline shall not assign or transfer this agreement nor any
privileges hereunder and shall not assign or sublet or mortgage all or any
part of the premises hereby leased, whether voluntarily or involuntarily,
without the prior written consent of the City. If Airline, without securing
prior written approval of City, attempts to effect such a transfer, assign-
ment or mortgage, or if a transfer occurs by operation of law, City may
terminate this agreement upon written notice to Airline. Foreclosure of a
mortgage, whether pre-existing or hereafter created, on controlling interest
in stock of Airline shall be considered a transfer by operation of law.
rll.
B) Operation of Premises for Use and Benefit of Public: Airline
agrees to furnish good, prompt and efficient service adequate to meet all
demands for its service at the Airport and to furnish said service on a
fair, equal and non-discriminatory basis to all users thereof, and to
charge fair, reasonable, and non-discriminatory prices for such service.
C) Non-Discrimination: Airline, its agents and employees will
not discriminate against any person or class of persons by reason of sex,
race, color, creed or national origin in providing any services or in the
use of any of its facilities provided for the public, in any manner pro-
hibited by Part 21 of the Federal Transportation Regulations. Airline
further agrees to comply with such enforcement procedures as the United
States might demand that the City take in order to comply with the
sponsor's assurances.
D) Non-Exclusive Rights Clause: Airline understands and agrees
that nothing herein contained shall be construed to grant or authorize the
granting of an exclusive right.
ARTICLE XV - Improvements
Airline shall not make or permit any additions, improvements or
alterations to the leased area without prior written consent of the City
of Wichita Falls. Any such additions, improvements or alterations made
with consent of the City shall be solely at the expense of Airline and,
unless such consent specifically provides that title to the addition or
improvement so made shall vest with Airline, title thereto shall at all
times remain with the City and such additions or improvements shall be
subject to all terms and conditions of this instrument.
ARTICLE XVI - Performance Bond
Prior to commencement of this lease, Airline shall deliver to
City a Corporate Performance Bond with a surety satisfactory to the City
in the amount of Two Thousand Dollars ($2,000) , conditioned on the full
and faithful performance of all the terms, conditions and covenants of
this lease and shall be kept in full force and effect for the complete
term of this lease. At Airline's option, in lieu of said Performance
Bond, Airline may pledge with City securities acceptable and payable to
City in an amount equal to Two Thousand Dollars ($2,000) . The income
from such securities shall be payable to Airline.
12-
ARTICLE XVII - 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 the
Airline in connection with the premises herein leased.
ARTICLE XVIII - Notices
Notices to the City provided for herein shall be sufficient if
sent by registered or certified mail, postage prepaid, addressed to the
Airport Manager, Wichita Falls Municipal Airport, Route 4, Box 72-E,
Wichita Falls, Texas 76301; and notices to the Airline if sent by regis-
tered or certified mail, postage prepaid, addressed to Mr. Joseph
Kiesendhal, Vice President for Sales and Service, SMB Stage Lines, Inc. ,
P. 0. Box 61034, Dallas-Ft. Worth Airport, Texas 75261 or to such other
respective addresses as the parties may designate in writing from time to
time.
ARTICLE XIX - Aircraft Service by Owner or Operator of Aircraft
It is clearly understood by the Airline that no right or priv-
ilege has been granted which would operate to prevent any person, firm, or
corporation operating aircraft on the Airport from performing any services
on its own aircraft with its own regular employees (including, but not
limited to, maintenance and repair) that it may choose to perform.
ARTICLE XX - Development of Wichita Falls Municipal Airport
City reserves the right to further develop or improve the Airport
as it sees fit, regardless of the desires or view of the Airline, and with-
out interference or hindrance. If the physical development of the Airport
requires the relocation of the Airline, the City agrees to provide a com-
parable location and agrees to relocate all buildings or provide similar
facilities for the Airline at no cost to the Airline.
ARTICLE XXI - War or National Emergency
During the time of war or national emergency, City shall have
the right to return the Airport or any part thereof to the United States
Government for military or naval use, and, if such right is executed, the
provisions of the lease with the Government shall be suspended.
13-
ARTICLE XXII - Subordination
This lease shall be subordinate to the provisions of any exist-
ing or future agreement between City and the United States, relative to
the operation or maintenance of the Airport, the execution of which has
been or may be required as a condition precedent to the expenditure of
Federal Funds for the development of the Airport.
ARTICLE XXIII - Hold Harmless
Airline shall be solely responsible for the conduct of its air
transportation operations at Airport and shall hold City and its Agents
harmless from all liability in connection with its operation.
ARTICLE XXIV - 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 and intent of any provisions of this lease.
ARTICLE XXV - Invalid Provisions
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 jurisdiction, the
invalidity of any such covenant, condition or provision shall in no way
affect any other covenant, condition or provision herein contained; provided
however, that the invalidity of any such covenant, condition or provision
does not materially prejudice either City or Airline in their respective
rights and obligations contained in the valid covenants, conditions or
provisions in this agreement.
14—
IN WITNESS WHEREOF, the parties have caused this agreement to
be executed as of the day and year first above written.
CITY OF WICHITA FALLS:
BY:
Ger G. Fox, Cit Mana er
ATTEST:
BY: /' . -._ „'"/.
r.
L. . . !- ,
Gerald L. Carlson, City Clerk
SMB STAGE LINES, INC.
n
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BY: /V 'Lim` C . /% ,//.7(. ' 14/'Lt._
Robert F. Grammer,
Executive Vice President
APPROVED AS TO FORM:
Bpi
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H.P:Hodge, J5-14_,;/AttorneyC
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MUNICIPAL AIRPORT
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AGREEMENT May 76
THIS LEASE AGREEMENT is entered into by and between NICHOLS & COMPANY, INCORPORATED, 1888 Century Park East,
Los Angeles, California and
Client" herein) on this day of 19 with reference to the following facts: •
NICHOLS & COMPANY, INC. have developed an automated project planning and control system which is known as
and referred to herein as PROCON 3. PROCON 3 is a proprietary development of NICHOLS & COMPANY, INC. and
contains confidential information and data developed by NICHOLS & COMPANY, INC. Client desires to lease
PROCON 3 and the confidential information and data associated therewith from NICHOLS & COMPANY, INC.
NOW, THEREFORE, the parties hereto agree as follows:
1.`"` LEASE. NICHOLS & COMPANY, INC. hereby leases to Client and Client leases from NICHOLS & COMPANY, INC.
PROCON 3 and the confidential information and data associated therewith upon the terms and conditions
set forth herein.
2. .-TERM OF LEASE. The term of this Lease shall be for thirty-five (35) years, commencing on the date
first above written.
3. RENTAL. Client shall pay.as rent for the lease of PROCON 3 and the confidential information and data
assnciated therewith the sum of Fifteen Thousand Five Hundred Dollars ($15,500.00) , for the firstlocation, which sum shall be paid upon the correct execution of NICHOLS & COMPANY, INC. 's PROCON 3
Test Pack and the following sums for additional locations, which sums shall be paid upon the correct
execution of NICHOLS & COMPANY, INC. 's PROCON 3 Test Pack for said locations:
Second Location Eleven Thousand Two Hundred Dollars ($11,200.00)
Third Location Eight Thousand Dollars ($8,000.00)
Fourth Location Four Thousand Eight Hundred Dollars ($4,800.00)
Fifth and succesive Locations Two Thousand Dollars Each ($2,000.00)4.`" OPTION TO EXTEND. Client may, at Client's option, extend the term of this Lease for an additional
period of thirty-five (35) years, subject to all the provisions of the Lease, except that rent for
said extended term shall be the sum of One Hundred Dollars ($100.00) . If Client elects to exercise
this option, it shall give written notice of its intention to do so to NICHOLS & COMPANY, INC. not
later than ninety (90) days prior to the termination date of this Lease and shall pay to NICHOLS &
COMPANY, INC. at the time of giving such notice the sum of One Hundred Dollars ($100.00) as rent for
said extended period.
5. PRODUCT AND RELATED MATERIALS AND SERVICES. NICHOLS & COMPANY, INC. shall furnish to Client during
the term of this Lease:
a. Within ten (10) days of the date first above written, PROCON 3 object programs and a modifiable
JCL for installation of PROCON 3 oh the Client's equipment.
b. Within ten (10) days from the date first above written, the following documentation:
10 Overview booklets 10 User Manuals
4 Time & Progress Pads 2 Report Request Pads
8 Project Plan Pads 1 Option & Constant Pad
1 General Expenditure Pad 1 Date & Batch Control Pad
1 Dictionary Pad 2 Serialized Error Correction & Project
Leader Report Request Pads
c. Three (3) days of training and assistance starting on
d. Upon payment of the rent specified in paragraph 3 above, the Systems Specifications Manuals and
the PROCON 3 source programs.
6.: MODIFICATIONS AND CONVERSION. Any modification to the system, as well as any conversion effort, shall
be the responsibility of the Client. Upon the request of the Client, NICHOLS & COMPANY, INC., by
separate agreement, will provide its services for a modification or conversion effort on the basis of
NICHOLS & COMPANY, INC. 's published prices and terms for its commercial customers then prevailing.7.-. TAXES. All local, state or federal taxes of any kind levied or assessed on account of the Client's
possession or use of said PROCON 3 system under the terms of this Lease shall be borne by the Client.8. TITLE AND RISK OF LOSS. Title to PROCON 3, the confidential information and data associated there-
with and related materials and services furnished hereunder shall remain in NICHOLS & COMPANY, INC.
and no title or right to PROCON 3 or such confidential information and data or materials shall pass to
Client except the rights specified herein. Upon the termination of this Lease, Client shall
immediately return PROCON 3, the confidential information and data associated therewith and the related
materials furnished hereunder to NICHOLS & COMPANY, INC.
9. NON-ASSIGNABILITY. This Lease and the right to use PROCON 3, the confidential information and data
associated therewith and the related materials and services furnished hereunder are personal to the
Client and the Client shall not transfer, assign, sublease, license or deliver PROCON 3, the confident-
ial information or data associated therewith or the related materials and services referred to above
to any other person, firm or corporation without the prior written consent of NICHOLS & COMPANY, INC.
10. E WARRANTY. NICHOLS & COMPANY, INC. warrants, for a period of one (1) year following the date of this
Lease, that PROCON 3, the confidential information and data associated therewith and the related
materials and services referred to above are free from defects and errors. "Defects and errors" as
used herein are incorrect calculations and other deviations from the PROCON 3 specifications. Upon
written notice to NICHOLS & COMPANY, INC. of the existence of any defects and errors as herein defined,
NZCHOLS & COMPANY, INC. will undertake to correct such defects and errors and will use all reasonable
efforts to make such corrections within two (2) weeks from the date of said written notice. Except as
otherwise specified terein,NICHOLS '&COMPANY,INC.makes no other Farranty,either express or implied concerning
PROCON 3. The Client may extend this warranty for up to five (5) years in successive one (1) yearincrementsuponthepaymenttoNICHOLS & COMPANY, INC. of the sum of Five Hundred Dollars ($500.00)for each yearly extension. This sum shall be paid not later than thirty (30) days prior to the next
anniversary of this agreement. 1
11. COVENANT NOT TO DISCLOSE. Client covenants that it will not disclose, proliferate or duplicate, nor
cause or allow to be disclosed, proliferated or duplicated, PROCON 3, the confidential information
and data associated therewith or the related materials and services furnished hereunder to any otherperson, firm or corporation. Client shall, in writing, advise NICHOLS & COMPANY, INC. of each
location at which PROCON 3 is run and the names of each of its authorized employees who shall have
x ' access to PROCON 3. Client covenants to take all reasonable steps to insure that no unauthorized
employees shall have access to PROCON 3 and that all authorized employees having access to PROCON 3
s;;""shall refrain from any disclosure, proliferation or duplication of PROCON 3. Notwithstanding theforegoing, the Client shall have the right to make such copies of the user manuals that may be
reasonably necessary for its own use provided that such copies include a copyright notice contained in.the original documentation.
12. • INDEMNITY. NICHOLS & COMPANY, INC. shall indemnify and hold the Client, its agents and employees,
harmless from any loss, damage or liability for infringement of any United States patent right or r.
copyright with respect to the use of the items delivered hereunder; provided, however, that Client
promptly notifies NICHOLS & COMPANY, INC. , in writing, of any suit or claim asserted against the
Client and provided further, that Client permits NICHOLS & COMPANY, INC. to defend, compromise or
settle the same and gives NICHOLS & COMPANY, INC. all available information, assistance and authoritytoenableNICHOLS & COMPANY, INC. to do so. The indemnity provided herein shall not apply to any
infringement or claim of infringement arising out of use of PROCON 3 in combination with other items
where such infringement would not have occurred in the normal use for which PROCON 3 was intended.13. EXCUSABLE DELAY. NICHOLS & COMPANY, INC. shall not be liable for any delay in the delivery of PROCON 3r
the confidential information and data associated therewith or the related materials and services if
such delay is due to a cause beyond the control of NICHOLS & COMPANY, INC. In the event of any delayforacausebeyondthecontrolofNICHOLS & COMPANY, INC. , the date or dates for performance of thisLeasebyNICHOLS & COMPANY, INC. shall be extended for a period equal to the time lost by reason ofthedelay.
14.', RISK OF LOSS. Client assumes the entire risk of loss from hazard and no such loss shall relieve Client
of its obligations under this Lease. NICHOLS & COMPANY, INC. shall not be liable, and the Client here-
by assumes and will indemnify and save harmless NICHOLS & COMPANY, INC., for any loss, damage or
liability that may arise through the use by the Client of PROCON 3, provided that such loss, damage
or liability was not caused by the fault or negligence of NICHOLS & COMPANY, INC., its employees or
agents. The liability of NICHOLS & COMPANY, INC. for any reason is expressly limited to the amount oftherentsetforthherein. In no event shall NICHOLS & COMPANY, INC. be liable for any indirect,special or consequential damages in connection with or arising from the leasing, performance or use of
PROCON 3 provided in this Lease.
15. CALIFORNIA LAW. The parties hereby agree that any controversy concerning this Lease or its interpreta-
tion shall be governed by the laws of the State of California existing at the time of said controversy.ENTIRE AGREEMENT. This Lease constitutes the entire agreement between NICHOLS & COMPANY, INC. and
Client and supersedes all previous agreement and understanding of any nature whatsoever, verbal or
written. This Lease shall have no force and effect until executed by the Client and a duly authorizedrepresentativeofNICHOLS & COMPANY, INC.
17. LATE PAYMENT OF RENT. Client shall pay a service charge of .0274 percent per day (10 percent per
annum) on the total rent due if payment is not sent to NICHOLS & COMPANY, INC. within ten days of the
correct execution of NICHOLS & COMPANY, INC.'s PROCON 3 Test Pack.
NOTICES. All notices required by this Lease shall be in writing. Notice is considered given when
de iivered in person the recipient named as below or when deposited in the United States mail in a
sealed envelope, either registered or certified mail, return receipt requested, postage prepaid,
addressed to the party named as follows:
Notice to NICHOLS & COMPANY, INCORPORATED Notice to Client:
Nichols s Company, Incorporated
1888 Century Park East
Los Angeles, California 90067
WHEREFORE, the parties hereto have entered into this Lease on the date and in the year first above written.
NICHOLS & COMPANY, INCORPORATED Client)
By By
i MC -10LS & COMPANY
ADDENDUM TO THE PROCON 3 LEASE AGREEMENT
1. Paragraph 2 - "Terms of Lease" is extended to 99 years.
2. Paragraph 3 is deleted and replaced as follows: NICHOLS &
COMPANY, INC. , shall consult , modify, install, train and
maintain PROCON 3 to the needs of the client.
The client shall pay for these services as follows:
15,500. Base fee
300. for extension to 99 years
15,800. TOTAL
1,000. for Beta testing of release 3.8 of PROCON 3.
14,800. NET AMOUNT DUE
The fee of $14,800. shall be paid in five (5) equal installments
of $2,900. each and a sixth installment of $300.
These payments shall be invoiced on the first of the month
starting November 1, 1976 and are payable by the fifteenth
of the same month.
Additional corporate locations may be added for the following
sums:
Second Location Eleven Thousand Two Hundred Dollars
11,200.00)
Third Location Eight Thousand Dollars ($8,000.00)
Fourth Location Four Thousand Eight Hundred Dollars
4,800.00)
Fifth and Succesive Two Thousand Dollars Each ($2,000.00)
Locations
N.,1( 11()[', ( v1I',AN' I'I,uuiir .ui l Cnnlnil ( nnu!t,U1l, u;. I' i !.i I