Res 073-2001 6/19/2001RESOLUTION NO.'i3'2,M1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
JOINT USE AGREEMENT AND SUPPLEMENTAL AGREEMENT NO. 2
WITH THE SECRETARY OF THE AIR FORCE, REPRESENTING THE
UNITED STATES OF AMERICA, FOR THE OPERATIONS OF THE
WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, in 1959, the United States Air Force and the City executed a lease
agreement for Municipal Airport purposes for a term of fifty years beginning
May 15, 1959, and ending May 14, 2009; and
WHEREAS, the City desires to use the flight facilities at Sheppard Air Force
Base to permit operations by general aviation aircraft and commercial air carriers, jointly
with the military aircraft; and
WHEREAS, the continued operation of the Municipal Airport serves the public
interest of the citizens of Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute that certain
"Joint -Use Agreement Between City of Wichita Falls And The United States Air Force,"
and the "Department Of The Air Force Supplemental Agreement No. 2 To Lease
DA -41- 443 -ENG -5551 Sheppard Air Force Base, Texas," a copy of said agreements
being attached hereto.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 19th day of June 2001.
ATTEST:
i
City Clerk
MAYOR
JOINT -USE AGREEMENT
BETWEEN
CITY OF WICHITA FALLS
AND
THE UNITED STATES AIR FORCE
This Joint Use Agreement is made and entered into this day of
by and between the Secretary of the Air Force, for and on behalf of the United States of America
( "Air Force ") and the City of Wichita Falls ( "City "), a public body eligible to sponsor a public
airport.
WHEREAS, the Air Force owns and operates the runways and associated flight facilities
(collectively "flying facilities ") located at Sheppard Air Force Base (SAFB), Texas; and
WHEREAS, City desires to use the flying facilities at SAFB to permit operations by general
aviation aircraft and commercial air carriers (scheduled and nonscheduled) jointly with military
aircraft; and
WHEREAS, the Air Force considers that this Agreement will be in the public interest, and is
agreeable to joint use of the flying facilities at SAFB; and
WHEREAS, this Agreement neither addresses nor commits any Air Force real property or
other facilities that may be required for exclusive use by City to support either present or future
civil aviation operations and activities in connection with joint use; and
WHEREAS, the real property and other facilities needed to support civil aviation operations
are either already available to or will be diligently pursued by the City;
NOW, THEREFORE, it is agreed:
1. JOINT USE
a. It is understood by the parties that the City accepts all maintenance and repair
responsibilities for runway 17/35. Additionally, the Air Force will retain the right to utilize
runway 17/35 for emergency use and limited military operations.
b. The Air Force hereby authorizes City to permit aircraft equipped with two -way radios
capable of communicating with the SAFB Control Tower to use the flying facilities at SAFB,
subject to the terms and conditions set forth in this Agreement and those Federal Aviation
Regulations (FAR) applicable to civil aircraft operations. Total civil~ aircraft operations are
limited to 20,000 per calendar year on all runways at SAFB. An operation is a landing or a
takeoff. Civil aircraft using the flying facilities of SAFB on official Government business as
provided in Air Force Instruction (AFI) 10 -1001, Civil Aircraft Landing Permits, are not subject
to this Agreement.
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c. Aircraft using the flying facilities of SAFB under the authority granted to City by this
Agreement shall be entitled to use those for landings, takeoffs, and movement of aircraft and will
normally park only in the area made available to City and designated by them for that purpose.
d. Normally government aircraft taking off and landing at SAFB will have priority over all
civil aircraft landing on runways 15R/33L, 15C/33C and 15L/33R. Civilian Lifeguard and
military medical evacuation flights have priority.
e. All ground and air movements of civil aircraft using the flying facilities of SAFB under
this Agreement, and movements of all other vehicles across Air Force taxiways, will be
controlled by the SAFB Control Tower. SAFB /Wichita Falls Municipal Airport reverts to an
uncontrolled field outside the tower operating hours.
f. Air Force -owned airfield pavements made available for use under this Agreement shall
be for use on an "as is, where is" basis. The Air Force will be responsible for runway lighting, as
well as snow and ice removal in accordance with the SAFB Snow Removal Plan.
g. Dust or any other erosion or nuisance that is created by, or arises out of, activities or
operations by civil aircraft authorized use of the flying facilities under this Agreement will be
corrected by City at no expense to the Air Force, using standard engineering methods and
procedures.
h. All phases of planning and construction of new runways and primary taxiways on City
property must be coordinated with the SAFB Base Civil Engineer. Those intended to be jointly
used by Air Force aircraft will be designed to support the type of military aircraft assigned to or
commonly transient through SAFB.
i. City shall comply with the procedural and substantive requirements established by the
Air Force, and Federal, State, and local laws, for the flying facilities of SAFB and any runway
and flight facilities on City property with respect to the control of air and water pollution; noise;
hazardous and solid waste management and disposal; and hazardous materials management.
J . City shall implement civil aircraft noise mitigation plans and controls at no expense to
and as directed by the Air Force, pursuant to the requirements of the SAFB Air Installation
Compatible Use Zone (AICUZ) study; the FAA Part 150 study; and environmental impact
statements and environmental assessments, including supplements, applicable to civil aircraft
operations at SAFB.
k. City shall comply, at no expense to the Air Force, with all applicable FAA and US Air
Force security measures and procedures.
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1. City shall not post any notices or erect any billboards or signs, nor authorize the posting
of any notices or the erection of any billboards or signs at the airfield of any nature whatsoever,
other than identification signs attached to buildings or traffic signs between buildings, without
prior written approval from the SAFB Base Civil Engineer.
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m. City shall neither transfer nor assign this Agreement without the prior written consent of
the Air Force.
2. PAYMENT
a. For the purpose of reimbursing the Air Force for City's share of the cost of maintaining
and operating the flying facilities of SAFB as provided in this Agreement, City shall pay, with
respect to civil aircraft authorized to use those facilities under this Agreement, the sum of
$6,000.00 annually. Payment shall be made quarterly, in equal installments.
b. All payments due pursuant to this Agreement shall be payable to the order of the
Treasurer of the United States of America, and shall be made to the Accounting and Finance
Officer, SAFB, within thirty (30) days after each quarter. Quarters are deemed to end on
December 31, March 31, June 30, and September 30. Payment shall be made promptly when
due, without any deduction or setoff. Interest at the rate prescribed by the Secretary of the
Treasury of the United States shall be due and payable on any payment required to be made
under this Agreement that is not paid within ten (10) days after the date on which such payment
is due and end on the day payment is received by the Air Force.
3. SERVICES
City shall be responsible for providing services, maintenance, and emergency repairs for civil
aircraft authorized to use the flying facilities of SAFB under this Agreement at no cost to the Air
Force. If Air Force assistance is required to repair an aircraft, City shall reimburse the Air Force
for all expenses of such services. Any required reimbursement shall be paid not less frequently
than quarterly. These charges are in addition to the annual charge specified in paragraph 2.
4. FIRE PROTECTION AND CRASH RESCUE
a. The Air Force maintains the level of fire - fighting, crash, and rescue capability required to
support the military mission at SAFB. The Air Force agrees to respond to fire, crash, and rescue
emergencies involving civil aircraft outside the hangars or other structures within the limits of its
existing capabilities, equipment, and available personnel, only at the request of City, and subject
to subparagraphs b, c, and d below. Air Force fire - fighting, crash, and rescue equipment and
personnel shall not be routinely located in the airfield movement area during non - emergency
landings by civil aircraft.
b. City shall be responsible for installing, operating, and maintaining, at no cost to the Air
Force, the equipment and safety devices required for all aspects of handling and support for
aircraft on the ground as specified in the FARs and National Fire Protection Association
procedures and standards. K !
c. City agrees to release, acquit, and forever discharge the Air Force, its officers, agents,
and employees from all liability arising out of or connected with the use of or failure to supply in
individual cases, Air Force fire- fighting and or crash and rescue equipment or personnel for fire
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control and crash and rescue activities pursuant to this Agreement. City further agrees, to the
extent allowable under Texas law, to indemnify, defend, and hold harmless the Air Force, its
officers, agents, and employees against any and all claims by the City, of whatever description,
arising out of or connected with such use of, or failure to supply Air Force fire - fighting and or
crash and rescue equipment or personnel.
d. City will reimburse the Air Force for expenses incurred by the Air Force for fire - fighting
and or crash and rescue materials expended in connection with providing such service to civil
aircraft on Air Force -owned property. The Air Force may, at its option, with concurrence of the
National Transportation Safety Board, remove crashed civil aircraft from Air Force -owned
pavements or property and shall follow existing Air Force directives and or instructions in
recovering the cost of such removal.
e. Failure to comply with the above conditions upon reasonable notice to cure or
termination of this Agreement under the provisions of paragraph 7 may result in termination of
fire protection and crash and rescue response by the Air Force.
f. The Air Force commitment to assist City with fire protection shall continue only so long
as a fire- fighting and crash and rescue organization is authorized for military operations at
SAFB. The Air Force shall have no obligation to maintain a fire - fighting organization or provide
fire - fighting or crash and rescue equipment; or to provide any increase in fire - fighting and crash
and rescue equipment or personnel; or to conduct training or inspection for purposes of assisting
City with fire protection.
5. LIABILITY
City will assume all risk of loss or damage to property or injury to or death of persons by
reason of civil aviation use of the flying facilities of SAFB under this Agreement, including, but
not limited to, risks connected with the provision of services or goods by the Air Force to City
under this Agreement.
6. TERM OF AGREEMENT
This Agreement shall become effective immediately and shall remain in force and effect for a
term of 25 years, unless otherwise renegotiated or terminated under the provisions of paragraph
7, but in no event shall the Agreement survive the termination or expiration of City's right to use,
by license, lease, or transfer of ownership, of the land areas used in connection with joint use of
the flying facilities of SAFB.
7. RENEGOTIATION AND TERMINATION
a. If significant change in circumstances or conditions relevant to this Agreement should
occur, the Air Force and City may enter into negotiations to revise the provisions of this
Agreement, including financial provisions, upon sixty (60) days written notice to the other party.
Any such revision or modification of this Agreement shall require the written mutual agreement
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and signatures of both parties. Unless such agreement is reached, the existing agreement shall
continue in full force and effect, subject to termination or suspension under this section.
b. Notwithstanding any other provision of this Agreement, the Air Force may terminate this
Agreement: (1) at any time by the Secretary of the Air Force, giving ninety (90) days written
notice to City, provided that the Secretary of the Air Force determines, in writing, that paramount
military necessity requires that joint use be terminated, or (2) at any time during any national
emergency, present or future, declared by the President or the Congress of the United States, or
(3) in the event that City ceases operation of the civil activities at SAFB for a period of one (1)
year, or (4) in the event City violates any of the terms and conditions of this Agreement and
continues and persists therein for thirty (30) days after written notification to cure such violation.
In addition, to the above rights, the Air Force may at any time suspend this agreement if
violations of its terms and conditions by the City create a significant danger to safety, public
health, or the environment at SAFB.
c. The failure of either the Air Force or City to insist, in any one or more instances, upon the
strict performance of any of the terms, conditions, or provisions of this Agreement shall not be
construed as a waiver or relinquishment of the right to the future performance of any such terms,
conditions, or provisions. No provision of this Agreement shall be deemed to have been waived
by either party unless such waiver be in writing and signed by such party.
8. NOTICES
a. No notice, order, direction, determination, requirement, consent, or approval under this
Agreement shall be of any effect unless it is in writing and addressed as provided herein.
b. Written communication to City shall be delivered or mailed by certified mail to City
addressed:
City Manager
City of Wichita Falls
PO Box 1440
Wichita Falls TX 76301
c. Written communication to the Air Force shall be delivered or mailed by certified mail to
the Air Force addressed:
82 TRW /CC
419 G Ave, Suite 1
Sheppard AFB TX 76311 -2941
9. OTHER AGREEMENTS NOT AFFECTED < I
This Agreement does not affect the Agreement for Mutual Aid in Fire Protection and
Hazardous Materials Incident Response (US) between SAFB and City.
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IN WITNESS WHEREOF, the respective duly authorized representatives of the parties
hereto have executed this Agreement on the date set forth below opposite their respective
signatures.
Date:
Date:
UNITED STATES AIR FORCE
By:
Deputy Assistant Secretary of the Air Force
(Installations)
CITY OF WICHITA FALLS
0
City Representative
0
DEPARTMENT OF THE AIR FORCE
SUPPLEMENTAL AGREEMENT NO. 2
TO
LEASE DA -41- 443 -ENG -5551
SHEPPARD AIR FORCE BASE, TEXAS
No. USAF /AETC- SHE -1 -01 -003
This Supplemental Agreement No. 2 is entered into, by and between the Secretary of the Air
Force representing the United States of America, the party of the first part, hereinafter referred to
as the Government, and the City of Wichita Falls, Wichita County, State of Texas, the party of
the second part, hereinafter called the Lessee.
WITNESSETH:
WHEREAS, on 20 July 1959, the parties entered into Lease DA -41- 443 -ENG -5551 granting the
Lessee use of a 50.73 acre tract of land on Sheppard Air Force Base, Texas, for municipal airport
purposes for a term of fifty (50) years, beginning 15 May 1959 and ending 14 May 2009, and
WHEREAS, on 13 April 1982, Lease DA -41- 443 -ENG -5551 was amended to add land
identified as that portion of Taxiway C extending from Runway 17/35 to Taxiway D amounting
to an additional 4.29 acres of land, and
WHEREAS, on 13 November 2000, administrative control of Lease DA -41- 443 -ENG -5551 was
transferred from Fort Worth United States Army Engineer District to the United States Air
Force, Headquarters Air Education and Training Command, Sheppard Air Force Base, Texas,
and
WHEREAS, it has been determined to be advantageous and in the best interest of the parties
hereto to supplement the said lease to modify, add, and delete certain conditions;
NOW THEREFORE, it is mutually agreed by the parties hereto that said lease is hereby
modified in the following manner:
1. This lease is hereby assigned Air Force accountable document number USAF /AETC-
SHE -1 -01 -003 and this number shall be used hereafter in lieu of DA -41- 443 -ENG -5551 for
identification of this instrument.
2. All references to the "District Engineer" or the "said officer" are hereby amended to
read "Commander, Sheppard Air Force Base (AFB), Texas, or his duly appointed
representative." Any reference to the Secretary of the Air Force or Commander, Sheppard AFB,
Texas, shall extend to and include their duly appointed successors and assigns.
3. The term will be extended an additional seventeen (17) years, beginning 15 May 2009
and ending 14 May 2026.
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4. The area covered by this lease is amended to include exclusive use of an additional area
of 24.17 acres, hereinafter referred to as runway 17/35, and as more fully described and depicted
in red on Exhibit B, making the leased area a total of 79.19 acres of land.
5. Lessee shall assume all maintenance and repair responsibilities for runway 17/35.
6. Condition 23, lines 3 through 4, are amended to read, "...if to the Government, to the
Installation Commander, 82d Training Wing, 419 G Ave Suite 1, Sheppard AFB, Texas 76311-
2941..."
7. Condition 25c, lines 5 through 11, are amended to read, "...installments of $1,500.00
each, to the Treasurer of the United States and forwarded direct to the Commander, Sheppard Air
Force Base."
8. Lessee shall enter into a separate operating agreement with the said officer. This
agreement is to be mutually acceptable to both the said officer and the Lessee and shall, at a
minimum, include the operating details of the joint -use of Air Force owned runways, services to
be rendered, conditions of service, and such other conditions which are considered to be in the
best interest of the Air Force. When executed, this operating agreement shall be appended to this
lease and become a part thereof as if originally incorporated herein.
This Amendment shall become part of the original lease and all other terms and conditions of the
lease shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Air
Force, this day of
ATTEST:
(Name and Title)
The above Instrument, together with all conditions thereof, is hereby accepted this
day of
THE CITY OF WICHITA FALLS
i •
ATTEST:
II
(Name and Title)
CERTIFICATE
certify that I am the
of the municipal corporation named as grantee herein, that
who signed this lease amendment on behalf of the City of Wichita Falls, Texas, was then
of said municipal corporation; that said lease amendment was
duly signed for and in behalf of the City of Wichita Falls, Texas, by authority of its governing
body and is within the scope of its corporate powers.
(SEAL)
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