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Min 04/05/1980 1 Wichita Falls , Texas Memorial Auditorium Building April 15, 1980 I 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. Kenneth Hill Mayor Marvin Traywick John Hampton, Jr. Carol Russell Aldermen Curtis Smith Jim Thomas Horace 0. Boston Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Darius McKay, Trinity Baptist Church. Item 3 Moved by Alderman Hampton that minutes of the meetings held April 1 and 8, 1980, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 9a Moved by Alderman Thomas that Items 4a through 9a on the consent agenda be approved. Motion seconded by Alderman Smith. Item 4a A proposed appropriation ordinance was presented to fund a Thunderbolt siren placed on Cunningham School . v ORDINANCE NO. 3645 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays : None /Item 5a ORDINANCE NO. 3646 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays : None A tem 6a RESOLUTION NO. 2498 RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC DISTRIBUTION LINE AT THE NEW POLICE FIRING RANGE. 2 Item 6a, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain easement, a copy of which is attached hereto, from the City of Wichita Falls to Texas Electric Service Company, for an electric distribution line at the new police firing range, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None i Item 6b RESOLUTION NO. 2499 RESOLUTION AWARDING CONTRACT FOR CONCESSION OPERATIONS AT LAKE ARROWHEAD PARKS. WHEREAS, heretofore the City advertised for sealed bids for concession operations at Lake Arrowhead parks, and no bids were received; and, WHEREAS, Mrs. Mildred Brandon has made a proposal for concession rights at Lake Arrowhead parks for 5 per cent of gross sales, and it is found that this proposal is fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such proposal of Mrs. Mildred Brandon for concession rights at Lake Arrowhead parks is hereby accepted, and the City Manager is authorized to execute a contract with her for concession rights at such parks during the 1980 season. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays : None RESOLUTION NO. 2500 RESOLUTION AWARDING CONTRACTS FOR CONCESSION OPERATIONS AT WILLIAMS AND LOCH LOMAND PARKS. WHEREAS, heretofore the City advertised for sealed bids for concession operations at Williams and Loch Lomand Parks , but no bids were received; and, WHEREAS, subsequently the City has received a proposal from Charles Lee for concession rights at Williams Park for 5 per cent of the gross sales, and for concession rights at Loch Lomand Park for 10 per cent of gross sales , and such proposal is found to be fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such proposal of Charles- Lee for concession rights at Williams Park and Loch Lomand Park are hereby accepted, and the City Manager is authorized to execute contracts with him for concession rights at such parks during the 1980 season. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 6c A proposed resolution was presented which would provide for acquisition of additional right-of-way on Mill Street and North Brook Avenue. RESOLUTION NO. 2501 RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES FOR THE 1980 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM. 3 Item 6c, cont'd. WHEREAS, it is necessary to acquire the properties hereinafter described for the 1980 Community Development Paving Program; and, WHEREAS, such properties have been appraised by an Independent appraiser employed by the City for this purpose, and the amount of the appraisals have been studied by the Board of Aldermen, and copies of same are now in possession of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: Section No. l It is necessary to acquire the fee simple title to the following properties in Wichita Falls, Texas; 1980 COMMUNITY DEVELOPMENT PAVING PROGRAM E. 4' of Lot 5 and E. 4' of Lot 6, Block 159, Original Townsite, Wichita Falls, Texas E. 4' of Lot 6 and E. 4' of Lot 7 , Block 159, Original Townsite, Wichita Falls, Texas Tract of land out of J. A. Scott Survey No. 15 Abstract 307, Vol . 1151 , Page 539. Tract of land out of J. A. Scott Survey No. 15 Abstract 307 , Vol . 670, Page 435. Total values approved in this resolution--------------------------$446.00 Section No. 2 The approved values of such properties are hereby approved and the City Manager is hereby authorized to purchase by Warranty Deed such tracts of land in the name of the City of Wichita Falls , Texas. The authorized price to be paid for such tracts are the values as determined by the appraisals made by the independent appraiser referred to above. Section No. 3 In addition to the purchase price provided for in Section No. 2, if the acquisition of such properties makes it necessary that any person be displaced, the City Manager is authorized to pay such person his moving expenses and relocation payments , rental supplements and compensation for expenses incidental to the transfer of property to the City, as authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Pro- gram and Article 3266-b Revised Civil Statutes of Texas. Section No. 4 In the event the City Manager is unable to purchase any such tracts 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 City of Wichita Falls , Texas. He is further authorized, when in his judgment it appears to be in the best interest of the City to do so, to purchase such property for more than the appraised value in order to save the estimated cost of condemnation. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 7a Bids were awarded as follows for chemicals for Water Purification Department. a. 100,000 pounds hexametaphosphate--Chemical Supply Company, Wichita Falls--$40,200, plus escalator clause. b. 500 tons ferrous sulphate--Chemical Supply Company--$60,365 (bulk) and $15,200 (bags) , plus escalator clause. c. 401 ,600 pounds silicate of soda--Chemical Supply Company--$5.31 cwt. (tank trucks) , plus escalator clause. d. 2000 pounds quicklime--Texas Lime Company, Cleburne, Texas--$119,900, plus escalation fuel surcharge. 4 Item 7a, cont'd. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays : None Item 7b RESOLUTION NO. 2502 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO J & J CONTRACTING FOR SPRAY POOL AT WEEKS PARK. WHEREAS, the City of Wichita Falls advertised for bids for the construction of a spray pool at Weeks Park; and, WHEREAS, only one bid was received, that being the bid of J & J Contracting, which bid is found to be fair and reasonable, and should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bid of J & J Contracting in the amount of $4,745 for the construction of a spray pool at Weeks Park is hereby accepted, and the City Manager is authorized to execute a contract with such contractor for the construction of such spray pool . Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 8a Authority was granted to advertise for bids for contract labor for park maintenance. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 9a RESOLUTION NO. 2503 RESOLUTION AUTHORIZING LEASE TO LAKE KICKAP00 VOLUNTEER FIRE DEPARTMENT AND COMMUNITY CENTER. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, The City Manager is hereby authorized to execute for the City of Wichita Falls a lease to the members of the Lake Kickapoo Volunteer Fire Department and Community Center on a tract of land approximately 450 feet by 450 feet lying 30 feet west of Commercial Lot No. 1 on the north side of Highway 368, to be used for a combination fire station and community center. Such lease shall be for a term of 30 years , and rental shall be payable thereunder at the rate of $200.00 per year. Ayes : Mayor Hill , Aldermen Traywick, Hampton , Russell , Smith, Thomas , and Boston Nays : None v Item 1 Oa Michael Gillespie, an employee of the Traffic Department, was honored as Employee of the Month for April . Mayor Hill presented him with a plaque, and two tickets each to a theatre and dinner. Item 10b was pulled from the agenda because Pat Phillips was not present. T 5 d Item IOc Elvin Dudley, 2415 Merrimac, represented the Wichita Falls Board of Realtors. He stated that they would like to come out on a more positive note, and ask the City Council to extend the ordinances concerning deed restrictions. They also would like the Council to extend the ordinances on building permits so that the Inspection Department can check to see that it is going to a residential instead of a commercial piece of property. He also requrested that the Council place some kind of fine in the ordinance for those who deceive the Building Inspection Department by telling them they are going to put a home on a piece of property when in fact they place a business there. He stated that they plan to try to come up with a solution to the zoning ordinance which will not be so restrictive, but which will help Wichita Falls grow. They are not against progress, but restrictive progress . He named members of a committee which he has appointed to study this matter. J. B. Featherston, 3605 Glenwood, stated that he is chairman of a group of realtors, which they hope to expand to other people with expertise. They are not pro or con zoning. They are for Wichita Falls. They want to put together a partnership with all kinds of interests and specialization. They will try to come up with a comprehensive package which would help the whole city. Their committee would be willing to work with the Planning Department and the Council on putting together the right kind of program. They do not have a time frame, but they intend to start now, and work until they have the right plan. Aldermen Thomas and Russell supported his concept. Charles Harper, 2501 Amherst, represented the petitioners who put together the zoning ordinance. He stated that we must protect our property. There are some people who are beginning to build since the ordinance was defeated last week. They request that the Commission be re-created, and put a time frame on it so that we can continue with this work. They do not feel they had a fair chance in the election. They did not ask the Council to call an election. He stated that the paper which came out just before the election is not truthful , and that that group also broke the election code. State law requires that commissions for zoning and land use controls be appointed by the City. They urged the Council to create this commission again. Alderman Thomas inquired how we can maintain the authority of our ordinances where a permit is taken out for a residence and used for a business instead? City Attorney H. P. Hodge, Jr. explained that if deed restrictions say it will be used for residential purposes , it is the use of the building, and not the design. Alderman Thomas asked what recourse we have if a person builds a business instead of a residence? The City Manager stated that a building permit has no connotations with deed restrictions , but is for compliance with the building code. City Attorney H. P. Hodge, Jr. explained that there is not much we can do until a commercial establishment is made out of a residence. He stated that we can file suit to enjoin him to prevent him from carrying on the business in that particular place. Alderman Thomas stated that he would support continuation of deed restrictions. If we come down as hard as we know how, then the violations will stop. Alderman Traywick stated that we still face the dilema in the recovery process, and it is incumbent on us to maintain the continuity of these ordinances. % Item l l a ORDINANCE NO. 3647 ORDINANCE AMENDING ORDINANCE NO. 3457, WHICH CONTROLLED THE ISSUANCE OF BUILDING PERMITS FOR OTHER THAN SINGLE FAMILY RESIDENCES TO CONFORM WITH DEED RESTRICTIONS, BY DELETING SECTION 7 WHICH TERMINATED SUCH ORDINANCE IN 360 DAYS. Moved by Alderman Traywick that Ordinance No. 3647 be passed, with appropriate amendatory language suggested by the City Attorney. Motion seconded by Alderman Thomas, and carried by the following vote. i 6 Item lla, cont'd. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None ORDINANCE NO. 3648 ORDINANCE AUTHORIZING THE CITY TO FILE SUIT TO ENFORCE LAND USE RESTRICTIONS. Moved by Alderman Thomas that Ordinance No. 3648 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and Boston Nays: None Item 12a A proposed resolution was presented authorizing submission of an application for Section 8 Housing. RESOLUTION NO. 2504 A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING UNDER TITLE II OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-383) WHEREAS, the City of Wichita Falls currently has an approved Section 8 Housing Assistance Payments Program in operation; and WHEREAS, over 98% of the 207 authorized units are under lease; and WHEREAS, over 200 qualified families are on the waiting list; and WHEREAS, the 1979 Housing Assistance Plan, as amended, adopted by the Board of Aldermen on January 2, 1980, indicates 92 additional units as a current year goal ; and WHEREAS, the Department of Housing and Urban Development has issued a notice of fund availability for eighteen units for this metropolitan area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to file an application for an additional 18 units of Section 8- Housing Assistance Payments Program for Existing Housing and to execute an Annual Contributions Contract with the Department of Housing and Urban Development for providing housing assistance to lower income households. Such application shall contain an administrative plan, an Equal Opportunity Housing Plan and certifications providing the assurances which are required by the Act and by regulations issued thereunder by the Department of Housing and Urban Development. Moved by Alderman Traywick that Resolution No. 2504 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Mayor Hill stated that what both Mr. Featherston and Mr. Harper have said will be taken into consideration. 7 Item 12b Discussion was held on acquiring a landfill site. The City Manager stated that we are creating 250 to 400 tons of garbage per day. The primary means of disposing of the problems we are creating is a sanitary landfill . The present landfill has only about six months of life. The permitting process for the property can be completed in 90 days. It will take three to four months to prepare the site. Ernest Lillard, Director of Public Works, explained that the State Department of Health is the regulatory agency in Texas for landfill sites. They investigated and came up with four possible sites. Of those four sites, the one selected today has been the most advantageous of all . It meets all requirements of the State Health Department, and will be the most economical to operate. An application for a permit will be made, and public hearings held sometime probably in late May or early June. We can expect a decision by that group by August. The site will be easily developed. It is in close proximity to the City's operational base, cutting down the cost of the Sanitation fleet. The site plan becomes a part of the permitting process and public hearings. The site can be operated in a manner that will not be detrimental to that area. It could be a model site. It was selected for those characteristics which make it an ideal site. It will not pose a threat to the neighborhood. The soil is suitable, and it drains well , and it can be controlled. It has the topographic features from top to bottom to fill up the area and control the runoff as the site is filled. The Health Department has termed it an ideal site in their preliminary investigations. Mr. Lillard further stated that when they started talking to consulting engineers , they gave them certain constraints. They wanted a site within ten miles of Wichita Falls for economical reasons. They need 300 acres because it takes that much land to operate the City of Wichita Falls for a 20-year period. A site that would meet the technical requirements of the Health Department is also necessary. This particular site does meet all those requirements. The City Manager stated that for every additional mile from the center of town, you can look at about one dollar additional per mile per ton for transportation costs for solid waste. Ernest Lillard stated that Site No. 1 is adjacent to the present landfill on River Road. Development costs become unreal at $7.32 per ton. Site No. 2, which is the recommended site, has a thirteen cents per ton development cost. Site No. 3 is located 18 miles west of town, or 122 miles on past the recommended site. Development cost for this site is $3.90 per ton. This site would be in the flood plain of the Wichita River, and it would be necessary to have some levy work done. Site No. 4 is located between Wichita Falls and Burkburnett. There is not 300 acres available, and the site is covered with oil wells. Develop- ment cost for this site is $5.71 per ton. Some other sites had similar character- istics to the one selected, but they were not large enough to make it worthwhile. Odor, vermin, and trash dropping off the trucks was mentioned. Ernest Lillard stated that odor will be negligible because of the standards with which they are required to operate. At the end of each day the site will be covered with six inches of soil , and it may be covered in two to six hours. Under those conditions there are no places for vermin to feed and habitate. There will , however, be seagulls present. The nearest house is located between one-third and one-half mile. The site is 1200 feet back from the Seymour Highway. You have to cross the road to get to it. A substantial amount of dirt will be provided to cover, and should a fire occur there it can be put out in about two hours. Tom Carter appeared, representing the people who live in that proposed site location. Their position on the proposed site, as residential owners, is not to put the landfill in anybody's back yard, and not in a residential area. The Southwest part of Wichita Falls is growing that way. Patsy Payne Lee, 809 Bayou River Drive, Houston, Texas, stated that her family owns 70 acres in the proposed site. She read a report from Jerry J. Daigle, Soil Scientist with the United State Department of Agriculture in Vernon. Tom Carter stated that they had a neighborhood meeting last night, composed of about 500 people . He mentioned investments in their homes, and trash blowing off trucks on the way to the dump. The value of their houses would go down, and the tax base would suffer. 8 Item 12b, cont'd. Richard Allmon, 4408 Ward, stated that a year ago he sat on a citizens' committee dealing with sewer service. A landfill was also mentioned, but no site was given at that time. Ernest Lillard noted that for a period of time they did not look at this location, but they looked at others, and did not find a site that was acceptable. Dale Emberton, 6756 Southwest Parkway, stated that he is 2500 feet from that location. His profession is real estate, and this dump will lower the property several thousand dollars. The people out there will not be able to sell their properties. There must be some other place to put it. Kay Walley stated that she lives in the Ward Addition. She questioned whether - the new landfill would be maintained the same way as the old dump? Ernest Lillard stated that it will not be anything like it at all . She mentioned uncovered trash in the present dump. Teresa Reynolds, 6744 Southwest Parkway, asked why we cannot build an incinerator and not have a dump in anyone's yard? The City Manager stated that the cost is much more to develop, and also for continuing operation. It is a much more costly operation. Ernest Lillard stated that it is $10.00 per ton for incineration, as compared to $3.50 per ton for a landfill . There is an eight to ten million dollars initial cost just for the plant. Ernest Lillard stated that all city vehicles are covered, but there may be trash blowing off privately operated vehicles. Cindy Burns Arizola stated that she lives on Wranglers Retreat. She has a respitory ailment, and moved out there for their health. If their land is close to the city dump, the pollution from the dump will kill all the blossoms from the 100 trees she put out. She stated that drainage would also come across her land. Michael Mauldin, 23 Oxley Drive, asked why we must insist on a 300 acre tract or a 20-year site. He feels there must be some other evaluations before they put the dump out there. Patsy Payne Lee stated that she feels Mr. Daigle would be available to the Council if they wanted to talk to him. Ernest Lillard stated that many of the items in Mr. Daigle' s letter are of such general concerns that you will find some of these same concerns in their report. All of the items he has referred to have been addressed in the application to the State Health Department. The State Health Department will not issue a permit unless these tests can be met. Richard Allmon stated that we are looking at costs to operate. He feels the dollars we would be saving are nothing comparable to the millions of dollars in loss of property by having it out there. Mayor Hill assured the group that the Council is not trying to put something on them. They may be forced to locate the landfill in that area, but they are very concerned, and will do whatever they can. If they can't do anything, they hope they will appreciate their position on it. Alderman Thomas noted that Mr. Allmon has a vital thought in weighing the cost against property taxes. He stated that he is going to have to evaluate the cost vs human values. Probably if they went to other landfills they would find that many of the problems they fear do not exist. Ernest Lillard stated that if the Council would be willing to go for less than 20 years he would be glad to call the consultants back to see if there is anything available. Alderman Traywick expressed concern that the present landfill site only has six months left. City Manager Gerald Fox stated that we are selling 20-year bonds for this landfill . We are creating our own problems. No matter where a site is found, some- one will live next door to that site. Someone will be affected by it, and they will be in here, also. He stated that they have to present their best judgment to the Council to handle it in the most economical , safest, and fair manner. Alderman Hampton stated that there is one and one-half million dollars difference in cost to the City between the sites west of town. The difference in the site 12 miles west of town and the one under disscussion is 45 million dollars over a 20-year time period. 9 Item 12b, cont'd. Mrs. Marshall McMurray, 4529 Jennings , stated they moved to that area in 1961 . At that time there were ten houses there. If the growth continues in the next twenty years , the dump will be in the middle of the city. She requested that the Council consider it not just from the money side, but from the health viewpoint, also. Faye Bridges, 6907 Seymour Highway, complained they they would not be able to sell their property if the dump is located in that area. Alderman Traywick mentioned proposed real estate values in Allendale Heights. Ruth James, 6614 Southwest Parkway, noted that a lot of money is spent on parks. She asked why we can't use that money, and get the garbage out of town. John Hirschi , 2009 Speedway, stated that treating the symptoms will not solve the problem. We are creating the garbage. He noted that the newspaper campaign is a step in the right direction. He would like to see composting explored, and the tonage reduced. It will not help to transfer it another five to ten miles from town. Alderman Thomas stated that the Council has to consider every single facet of a question. He suggested a work session in which they would invite Mr. Daigle and our own experts to attend. We may come back to the same site, but he would like to be better informed. Moved by Alderman Thomas that we pass over this question at this time. Motion seconded by Alderman Hampton. Don Jennings, 6747 Southwest Parkway, stated that he has lived out there ten years. Taxes have almost doubled. If this goes in, he wondered what would happen to their property for taxation purposes? Mayor Hill noted that property is valued by the sales in the area. Nancy Hillery, 6656 Southwest Parkway, stated that if you divide the 45 million dollars over a 20-year period, it would cost $22.00 per year, and she would be willing to pay it. Mayor Hill thought there was something wrong with those figures. The motion was carried unanimously. The Board of Aldermen recessed from 11 :10 to 11 :25 A.M. /Item 12c A proposed resolution was presented authorizing a lease agreement for Skyroom Restaurant at Municipal Airport. RESOLUTION NO. 2505 RESOLUTION ACCEPTING PROPOSAL OF RICHARD 0. MORRISON FOR LEASE ON SKYROOM RESTAURANT AT MUNICIPAL AIRPORT, AND APPROVING SUCH LEASE. WHEREAS, the City of Wichita Falls has advertised for proposals for a lease on the Skyroom Restaurant at the Wichita Falls Municipal Airport; and, WHEREAS, three proposals were received, and the proposal of Richard 0. Morrison, in which he offered to pay as rental 9 1/4 per cent of the gross sales on the first $10,000 in sales per month, plus 10 1/4 per cent of the gross sales in excess of $10,000 sales per month, together with the agreement to do certain cleaning, painting and redecorating, was the best proposal received. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such proposal by Richard 0. Morrison is hereby accepted, and the City Manager is authorized to execute a lease, a copy of which is attached hereto, to Richard 10 Item 12c, cont'd. 0. Morrison, as lessee, for an initial term of three years from May 1 , 1980 through April 30, 1983, with an option to renew said lease for an additional period of one year. Moved by Alderman Thomas that Resolution No. 2505 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays : None Item 12e Discussion was held on authorizing amendments to APCOA airport parking lease. A motion was made for passage of the resolution, but no second was received. Alderman Smith stated that he would like to see some free parking at the airport at the end of this ten-year lease. Alderman Hampton agreed. City Manager Gerald Fox stated that this revenue supports the airport operation. Based on the contract, unless new rates are approved, the City will receive no revenue from now until the end of the contract on October 30, 1980. Alderman Thomas stated that he sees no difference in charging a fee at the airport than charging for playing golf or tennis. Tom Fisk, Omaha, Nebraska, appeared for APCOA. He stated that their rent has gone up each year, along with other costs. Their lease agreement provides that rate changes can be made. He feels there is a valid reason to stay here until the end of their contract. At that time they could negotiate new rates. They are grossing $40,000 a year. Their operating costs are $50,000 to $55,000 per year. RESOLUTION NO. 2506 RESOLUTION APPROVING AMENDMENT OF LEASE BETWEEN CITY OF WICHITA FALLS AND APCOA DIVISION, ITT CONSUMMER SERVICES CORPORATION, FOR PARKING AT MUNICIPAL AIRPORT. WHEREAS, the City of Wichita Falls and APCOA Division, ITT Consumer Services Services Corporation entered into a lease agreement dated June 3, 1970, for paid parking facilities at Wichita Falls Municipal Airport, and the parties desire to amend such lease. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain amendment of lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and APCOA, Inc. , successor to APCOA Division, ITT Consumer Services Corporation, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2506 be passed. 9 Motion seconded by Alderman Traywick, and carried by the following vote. ` Ayes : Mayor Hill , Aldermen Traywick, Russell , Thomas, and Boston Nays: Aldermen Hampton and Smith /Item 13a A proposed resolution was presented awarding the bid for construction of Weeks Park Golf Pro Shop. Charles Harper, architect, and Director of Parks and Recreation Bill Hursh presented plans of the structure. September is the projected date for completion. I 11 Item 13a, cont'd. Alderman Hampton suggested more lighting in the parking lot. ARESOLUTION NO. 2507 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF WEEKS PARK GOLF PRO SHOP TO C. D. GRAHAM CONSTRUCTION CO. , INC. WHEREAS, the City advertised for sealed bids for the construction of the Golf Pro Shop and Grill at Weeks Park; and, WHEREAS, three bids were received, and the bid of C. D. Graham Construction Co. , Inc. in the amount of $242,600 is hereby accepted, and the City Manager is authorized to execute a contract in that amount with C. D. Graham Construction Co. , Inc. for the construction of such improvements. Moved by Alderman Traywick that Resolution No. 2507 be passed. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 13b Only one bid was received for landscaping materials at the Activities Center. Moved by Alderman Thomas that the bid of Holt Landscape and Nursery be accepted in the amount of $13,000. Motion seconded by Alderman Russell , and carried unanimously. /'I tem 13c No bids were received for earth work at Wood Memorial Park. Bill Hursh, Director of Parks and Recreation, requested that he be allowed to negotiate with local contractors to accomplish this work. Moved by Alderman Thomas that authority be granted to negotiate as requested. Motion seconded by Alderman Hampton, and carried unanimously. Item 13d A proposed resolution was presented approving bid for oil lease. RESOLUTION NO. 2508 RESOLUTION APPROVING BIDS FOR OIL LEASE ON TWO ACRES OF LAND IN BLOCK 5, LEAGUE 2, DCSL, OFF SEYMOUR HIGHWAY, JOINTLY OWNED BY THE CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 WHEREAS, in the second week of March, 1980, bids were received by the Wichita County Water Improvement District, and the City of Wichita Falls for the leasing of two acres of land in Block 5, League 2, Denton County School Lands for the purpose of drilling an oil well ; and, WHEREAS, only one bid was received from W. C. Winfrey, 2416 Brentwood, Wichita Falls , Texas, and proposed two propositions to Wichita County Water Improvement District No. 2 and the City. One proposal of $2,100.00 Cash Bonus and 3/16ths royalty and the other of no Cash Bonus but with 1/4th royalty. Both propositions to drill a well within 90 days; and, WHEREAS, it would be more advantageous to the City and Wichita County Water Improvement District No. 2 to accept the no Cash Bonus and 1/4th royalty. G 12 Item 13d cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen of the City of Wichita Falls do hereby approve the bid of W. C. Winfrey in the amount of no Cash Bonus plus 1/4th royalty, and hereby authorize the City Manager to sign a lease agreement on behalf of the City of Wichita Falls. Moved by Alderman Hampton that Resolution No. 2508 be passed, accepting the bid from W. C. Winfrey for no cash bonus and 1/4th royalty. Motion seconded by Alderman Smith, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 14a Authority was requested to advertise for bids for a ditch digger for the Park Department. Moved by Alderman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Russell , and carried unanimously. Item 15a Ernest Lillard presented a request from Dave Rhone for city participation in paving of Alexandria Street adjacent to Westmoreland Park Subdivision. Mr. Lillard explained that this property is scheduled for an apartment complex, and that this street can eventually tie into the frontage road at Kell . A 48 foot roadway was recommended. Moved by Alderman Smith that the 48 foot street be approved for city participation, with the developer furnishing one-half the cost, and that we see if funds can be found to continue the extension to Kell . Motion seconded by Alderman Hampton, and carried unanimously. ,/Item 15b A proposed resolution was presented adopting a rate schedule for sales in parks. RESOLUTION NO. 2509 RESOLUTION ADOPTING RATE SCHEDULE FOR SALES IN PUBLIC PARKS. WHEREAS, normally the sale of goods in public parks is prohibited; occasionally, however, such prohibition is waived by the Board of Aldermen, and it is deemed advisable to adopt a rate schedule for sales in public parks on those occasion when such prohibition is waived. ` NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The rate schedule for sales in public parks, a copy of which is attached hereto, is hereby adopted, and such rates shall be charged by the City on those occasions when sales are permitted in public parks. Moved by Alderman Hampton that Resolution No. 2509 be passed. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None 13 Item 15d A public official liability insurance policy was considered. Moved by Alderman Traywick that the proposal of Unimark-McDonald, Inc. , of Dallas, be accepted for a $1 million liability limit and $1 million annual aggregate, and a $2,500 deductible, with an annual premium of $13,285, with adoption of the plan today. Motion seconded by Alderman Thomas, and carried unanimously. The Board of Aldermen went into executive session to discuss personnel and litigations. Upon re-convening, the following action was taken. Item 12d RESOLUTION NO. 2510 RESOLUTION CREATING WICHITA FALLS CENTENNIAL COMMISSION. WHEREAS, in the year 1982 the city of Wichita Falls will celebrate its centennial , and the Board of Aldermen deem it appropriate to commence planning activities to celebrate this auspicious occasion. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . There is hereby created the Wichita Falls Centennial Commission, which shall be composed of the following members: Carl Wilson, Earle Crawford, Jerry Estes, Merle Anthony, J. C. Boyd, Jr. , Carol Russell , Bill Donnell (Convenor) , Ralph Harvey, Col . Bill Crafton, Mrs. C. E. Jackson, Louis Esquibel , Ikard Smith, A. F. Edwards, Pat Jones , and Lana McDonald. SECTION 2. It shall be the responsibility of the Commission to make plans for activities to celebrate the Wichita Falls Centennial . In making such plans , the Commission may coordinate their work with that of any recognized private organizations which are also engaged in such planning. SECTION 3. The members of the Commission shall serve without pay, and the Commission shall meet at the call of the chairman or of any four members. SECTION 4. The Commission shall report periodically to the Board of Aldermen. The Board of Aldermen shall determine which plans shall be implemented, and how such plans shall be funded. It is anticipated that the services of the Commission, and of recognized private groups, will be used in the implementation of such plans. SECTION 5. Private groups and individuals are urged to cooperate with the Wichita Falls Centennial Commission, to the end that the Wichita Falls Centennial will be celebrated in a manner befitting the importance of this occasion. Moved by Alderman Thomas that Resolution No. 2510 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and Boston Nays: None Item 15c Moved by Alderman Thomas that the following be appointed to the Tax Equalization Board: Jake Holmes, Gene Stephens, Paul Springer, T. A. Litteken, first alternate, and R. D. Bowersock, second alternate. Motion seconded by Alderman Russell , and carried unanimously. The following council members were named to various city boards and commissions. 14 Item 15c, cont'd. /1 . Nortex Executive Committee--Kenneth Hill and Carol Russell �,2. Hospital Board--Marvin Traywick ✓3. Commission on Status of Women--John Hampton ✓4. Airport Board--Marvin Traywick ✓5. Park Board--Curtis Smith t;'6. Traffic Commission--Dr. Horace Boston V7. Planning Board--John Hampton 8. Arts Commission--John Hampton ✓9. MHMR Board--Dr. Horace Boston V10. Design Review Commission--Carol Russell 11 . Charter Commission--Jim Thomas /12. Nortex General Member--Jim Thomas, Curtis Smith, and Dr. Horace Boston 13. Policy Board Urban Transportation--Jim Thomas 14. Ad Hoc Transportation Committee--Jim Thomas and Marvin Traywick 15. Human Relations Commission--Jim Thomas ✓16. Board of Electrical Examiners--Marvin Traywick ✓17. Traffic Safety--Carol Russell Moved by Alderman Hampton that Alderman Thomas be appointed Mayor Pro tem. Motion seconded by Alderman Russell , and carried unanimously. The Board of Aldermen adjourned at 1 :20 P.M. 11 PASSED AND APPROVED this 0ZoL74� day of 1980. —�� MAYOR ATTEST: ITY CLERK ..ram. SI{YROOM RESTAURANT LEASE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS COUNTY OF WICIHITA X THIS AGREEMENT trade and entered into this 15th day of April 1980 .by and between the CITY OF WICIIITA FALLS, hereinafter called CITY, and Richard O. Morrison , hereinafter called LESSEE, and made effective as of the first day of May, 1980. WITNESSETII : W H E R E A S , CITY owns certain buildings, structures and other facilities com- prising a public airport know as the Wichita Falls Municipal Airport, said premises hereinafter called AIRPORT, and whereas LESSEE is desirous of operating a Restau- rant Concession under the terns and conditions as herein set out. NOW THEREFORE, for and in consideration of the rent, covenants and agree- ments herein contained, CITY does hereby hire, take and lease from CITY the following described property on the following terms and conditions, to-wit: ARTICLE I. Term CITY does grant to LESSEE the premises known as the SKYROOM RESTAURANT, hereinafter referred to as RESTA UR.ANT, being further defined as the area outlined in red on the plan attached hereto, entitled Exhibit A, and located in the Airport Terminal Building, for an initial term of three years, commencing on May 1, 1980 and ending on the 30th Day of April, 1983. LESSEE shall have an option to renew said Lease for an additional period of one year, which option may be exercised by LESSEE by giving CITY notice thereof in writing no less than thirty days prior to the end of the initial term. The provisions of this lease shall be subject to renegotiation at the end of the second year of such lease; if either party requests it, both parties shall, in good faith and immedi��+���; , �onter and consider any propcsek_i changes in such provisions. Ill the evcia the 1):11-tic,, to a ;ree upon such l)roposed chan�;c5, the provision. herein contained shall continue u-► effect. ARTICLE II. Surrender of Possession No notice to cease operations or to quit possession of the leased premises at the expiration date of the Term of this Agreement shall be necessary. LESSEE covenants and agrees that at the expiration date of the Term of this Agreement, or at the earlier termination thereof, he will peacefully surrender possession of the Leased Premises and any improvements thereon, in good condition, reasonable wear and tear, acts of God, air., vth�r casualties except,_,al, and the-City shall have the' right to take possession of the Leased Premises with or without due process of law. AliTICLE III. Rental LESSEE agrees to pay CITY for the use of the above described premises rights and easements herein provided a. monthly rental of 9 1/4 percent 9.25°Io) of Gross Sales on the first Ten 'Thousand Dollars ($10,000), plus 10 1/4 percent 10.25%, of Gross Sales in excess of Ten Thousand Dollars ($10,000). Such monthly rental shall be payable to CITY each month during the term of the Lease, the first payment to be made on or before the Fifteenth day of June, 1980 and sub- sequent payments to be inade on or before the fifteenth day of each successive mouth thereafter for which rental is due hereunder. Gross sales, as used herein is defined as total income, exclusive of tax, received by or for or paid to LESSEE for all services performed, whether for cash or other consideration. ARTICLE IV. Records and AccoLintinl; LESSEE agrees to keep accurate records, books and accounts in a inanner acceptable to the Chief Accuuriting Officer of the City of Wichita Falls, Texas. The latter and his representative shall have the right to exainine and audit said records, books, and accr-,tHts ut. .My time. LESSEE, further agrees to submit to C M, a true and accurate staterllent of 11lonthly Cwoss hnconw derived from its con- cession within five (5) days following each calendar month, and to provde an annual financial summary within thirty (30) days following each calendar year. -2- ARTICLE V. Hours of Operation LESSEE, in keeping with the needs for such service by the general public, visitors and customers of scheduled airlines, shall provide service at least between the hours of 6:00 AM and 10:00 PM, seven days a week. ARTICLE VI. Standards LESSEE shall maiitain Restaurant in a sale, clean,-orderly and inviting con- dition, in a manner satisfactory to CITY. LESSEE shall provide a distinctive and attractive menu, subject to the approval of CITY, which shall clearly and permanently list prices of the standard bill of fare, which prices will not be altered without prior notification to CITY. CITY agrees to share equally with LESSEE, the printing cost ,of additional and subsequently authorized Meaus. LESSEE shall be required to properly uniform or dress its attendants and employees and shall not employ any person in or about the concession premises who shall use improper language or act in a loud, boisterous or otherwise improper manner. LESSEE shall insure the maintenance of a high standard of service to the public, the performance of such obligation to be determined at the sole discretion of CITY and will replace the services of any employee whose conduct CITY feels is de- trimental to its best interest. ARTICLE VII. Care and Upkeep of Premises LESSEE shall make no alterations or modifications of the premises, and shall not display any advertising or post or display any signs, posters or other maxkings without the consent of CIl'Y. LESSEE agrees to maintain the entire interior premises, fixtures and appurtenances in a. nc�A; and presentable manner, and to be solely res- ponsible for the con- LESSt:E further agrees to take good care of CITY property, fi,tures ,uld 111lwrtc11,111ccs and, at Ids own exj)eiise, rep'ur "urd return the premises in good order upon the termination of the use thereof, reasonable wear and tear excepted. Throughout the term of this lease, the replacement of parts and repair of CITY'S appliances quid fixtures shall be the responsibility of LESSEE, pro- vided however, that with the prior knowledge and consent of City, tine cost of such -3- repairs and replacement parts not caused by LESSEE'S negligence shall be borne equally by CITY and LESSEE. When CITY considers that it is necessary to replace a major item of its equipment,' CITY will do so at its sole expense as soon as it may do So within its budgetary limitations, provided such replacement was not occasioned by LESSEE'S negligence; any losses or damages suffered by LESSEE as a result of the malfunction or nonfunction of CITY'S equipment shall be borne by LESSEE. ARTICLE VIII. Advertising In order to foster increased general patronage during non-premium hours, CITY agrees to share equally with LESSEE, the cost of any advertising (up to a maximum of $100 per month) with the stipulation that CITY retains the right to re- view and approve all such advertising prior to submission to the communications media. ARTICLE IX. Utilities LESSEE shall provide and pay for telephone and gas service used in connection with all operations permitted under this lease agreement and shall share equally with CITY the cost of electric service to this concession, which service will be separately metered from other Terminal Building functions. ARTICLE X. Insurance Any loss from the operation of Restaurant shall be borne by LESSEE. LESSEE shall further indemnify and save CITY forever harmless from any and all claims for damages of any kind or nature which may hereafter be made against LESSEE on account of any personal injuries or property damage resulting from the .use of the premises demised. For this purpose LESSEE shall carry adequate Work- man's Compens-tion Insurance for all employees and public liability insurance for personal injuries/deaths growing out of any one accident or other cause in a. min- imum sum of One Hundred Thousand ($100,000) Dollars for one person and Three litndred Thousand ($300,000) Dollars for two or more persons, and in addition, shall provide property danwge liability insurance in a minimum sum of Fifty -4- Thousand ($50,000) Dollars for property damage resulting out of any one accident or other cause. Said insurance shall be kept in force throughout the Term of this lease and shall be procured from an insurance company licensed to do business in Texas. LESSEE shall provide CITY with a copy of such insurance policies, which policies shall name CITY as co-insured and shall further provide that the insurance shall not be cancelled or reduced until a ten day written notice of cancellation or reduction has been served on the CITY. ARTICLE M. _.. Licenses LESSEE shall obtain all necessary licenses and permits for the operation of RESTAURANT and shall operate RESTAURANT in strict compliance with the laws of the State of Texas, the Federal Government and the Ordinances of the City of Wichita Falls and shall pay all fees, taxes and charges assessed under local, State or Federal Statutes or Ordinances, insofar as they are applicable. ARTICLE MI. Parking Validation LESSEE shall enter into agreement with Airport's Parking Concessionaire, the Airport Parking Company of America (APCOA), to validate parking tickets for his patrons who will be entitled to two hours of free parking, provided such patrons actually spend a minimum of ONE DOLLAR inn RESTAURANT, and LESSEE agrees to pay ten cents for each parking ticket validated. Such agreement between LESSEE and APCOA will be made in writing and LESSEE shall provide CITY with copy thereof. ARTICLE ?III. Assi�,nment LESSEE shall not .issigli, transfer, sub-lease, pledge, surrender or other- wise encumber or dispose of this Lease, or any interest in any portion of same, or permit other i?craous, Colllp:uiy, or corporation to occupy these premises with- out the h,ior written cullscnt of CITY. ARTICLE 1IV. Eights of Lessee LESSEE is hereby t;L'�,Wted exclusive Airport rights to all public feecfing, -5- airline food catering and related service, magazine concession and liquor sales which are authorized by statute or ordinance. It is expressly understood, however, that such rights shall not extend to vending machines as exist in the Administration Build- ing and Hangar area.. It is further understood and agreed that such rights shall not prevent scheduled airlines serving the Airport from providing private food services for their employees, passengers and gniests in accordance with provisions of their lease agreements with CITY. LESSEE shall sell no article which CITY deems ARTICLE XV. Cancellation Upon the non-payment of the whole or any part of the amounts agreed upon in ARTICLE III at the time such payments become due, the filing of a voluntary petition in banlixuptcy, the making of a, general assignment for the benefit of credi- tors, the occurrence of any act which acts to deprive the LESSEE permanently of the rights, powers and privileges necessary for the proper conduct and operation of the RESTAURANT granted herein, the abandonment quid discontinuance of the operation of the RESTAURANT, or upon the non-perfor"wice by LESSEE of any of the cove- nants hereinbefore or hereinafter mentioned, by trim to be kept and performed, CITY may, at its election, cancel this Agreement and re-enter and take possession of said premises. LESSEE hereby waives any notice to quit possession of the premises, or any demand for payment of the aniounts agreed upon as the same become due, or for the performance of any covenants herein, or any demand for the possession of said premises; provided, however, that the failure of CITY to declare this Agreement and concession terminated upon default of LESSEE for any of the reasons above set. out shall not operate to bar, abridge or destroy the right of CITY to declare Uds Agreement null and void and at an end upon any sub- sequent violation of the terms of' this Agreement by LESSEE:. This Agreement shall fie subject :v c:.tnc•c11Aion by LL:tiSI;E should CITY abandon the AIRPORT as a scheduled airline tcrnuwd or Should the la-wful assumption by the United States Uoverimient or any Authorized agency thereof, of the AIRPOK17, or any substantial part thereof, in such inwiner a5 to restrict LESSEE for a period of at least ninety (90) days from operating thcrcoii. ILE'SSLis shall, in case of lire or other casualty, -6- give immediate notice in writing to CITY, who shall thereupon cause the damage to be repaired forthwith, provided materials, supplies and labor are reasonably available. _A If any portion of the premises is rendered unfit for occupancy, the rent shall be appor- tioned for the period of time required to make repairs according to the part of the premises, if any, which remains usable by LESSEE. If the entire building shall be destroyed, then within thirty (30) days after the fire or other casualty, either CITY or LESSEE may cancel this Lease by notice in writing to the other, effective as of Lilt; uui v f th.e .ef +hie vn itten notice, except.that-the .rent shall be apportioned as of the date of the fire or other casualty. ARTICLE XVI. City Agent CITY hereby desiginates its Airport Manager, as well as its City Manager and such official as he may designate, as its official representative, with the full power to represent CITY in all dealings with LESSEE in connection with the premises herein leased. ARTICLE XVH. Coinpliance With Rules & Regulations LESSEE shall, at his own e)q)etise and cost, comply with all Federal, State, and local laws, rules, regulations or ordinances, now or hereafter in effect, which are applicable to his operation at the Airport. LESSEE recognizes that the Airport Manager is the representative of the CITY, and agrees to cooperate fully with such official to promote the efficient conduct of operations at the Airport. ARTICLE XVIII. Inspection CITY reserves the right to enter upon the leased premises at any reasonable time for the purpose of wah;ing ally inspection of the physical premises it may deem expedient to the 1,roper enfurccnnent of ally of the covenants or conditions of this Agreemci.L. ARTICLE XIX. Inventory At the commencement and ternn.unation of this Agreement, an inventory and -7- condition survey shall be made by CITY'S Airport Manager or his representative, and a representative of LESSEE, on forms to be furnished by CITY which shall show a complete inventory of -the premises and property belonging to, or under control of CITY and to be used by LESSEE, and LESSEE agrees to fully account for all such property placed upon or used in connection with this lease. All property belonging to CITY shall be returned to CITY in as good condition as received, reasonable wear and tear excepted. ARTICLE XX: Notification Notice to City as herein provided shall be sufficient if written notice is served in person or otherwise sent by registered mail to the Airport Manager, Wichita Falls Municipal Airport, Route 4, Box 8, Wichita Falls, Texas, or to LESSEE if written notice is served in person to LESSEE or otherwise sent by registered mail to LESSEE at P. O. Box 809, Wichita Falls, Texas or at such other places as the parties may designate hi writing. ARTICLE XXI. Invalid Provision It is further expressly understood and agreed by and between the parties hereto that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other convenants, conditions or provisions herein contained; provided, however, that the invalidity of any such covenant, condition or provision shall not be construed so as to materially prejudice either CITY or the LESSEE in his respective rights and obligations contained in the valid covexiants, conditions or provisions in this agreement. ARTICLE XXH. h Icadings llle article W)d [)a1•agraph hcadhigs are inserted only a�-; a matter of con- venience and for reference and in no way define, limit or describe the scope or intent of any provisions of thus lease. -8- IN WITNESS WHEREOF, the panties have caused this agreement to be executed as of the day and year first above written. CITY of WICHITA PALLS, TEXAS BY a d G. Fox City Manager Attest: Wilma J. Thomas City Clerk Approved as to form: . Y. Hodge �6/ City Attorne Ri d O. Morrison -J- 1 I q c_ .71 •"• °i i lit Cr QI 1 4 I � M I (r cj �. �Y�rl it • I KI y I� I II L. I ^� I I ° 1 � 9 1� -hY EXIT I LT A P.O.Box 1431 April 21, 1980 Mr. Richard O. Morrison P. O. Box 809 Wichita Falls, Texas 76307 Re: Skyroom Restaurant at Municipal Airport Wichita Falls, Texas. Dear Mr. Morrison: On April 15, 1980, the Board of Aldermen of Wichita Falls adopted Resolution No. 2505, in !which they accepted your proposal to lease and operate the Skyroom Restaurant. The lease is submitted to you herewith, for your execution. As part of the consideration for this lease, you will perform the following actions which were set out in your proposal dated April 4 , 1980, at your sole cost and expense. You will thoroughly clean and repaint the kitchen, scullery, storage, restroom and porch. You will clean, check and repair as necessary all of the equipment. You will clean, paint and redecorate the dining room, coffee shop and entry. The premises have been made to include the entry area as shown on Exhibit A; therefore, you will move the doorway to the threshold of the entry area. You may take possession of the premises prior to the commencement of the lease, for the purpose of carrying out these actions. It is understood that it will take approxi- mately ten working days to accomplish them. We look forward to your operation of this facility, and hope that it will be beneficial to all of us. If this letter correctly sets out our agreement, please sign the copy in the space indicated below, and return to x Mr. Richard O. Morrison April 21, 1980 Page 2 with an executed copy of the lease. urs very truly, .. Ger d G. Fox City Manager Accepted �Richara . Morrison CLERK'S OFFICE AMENDMENT OF Date LEASE AGREEMENT y'��J` By That Certain Lease Agreement Dated June 3, 1970 between the City of Wichita Falls and.APCOA Division, ITT Consumer Services Corporation, now by assignment; APCOA, Inc. , is hereby amended as follows: 1. Section 2 shall read as follows: Lessee agrees to pay the Lessor a monthly rental as hereinafter set forth: For the months May 1, 1980 through October 31, 1980 the Lessee shall pay the City 25 0 of the gross monthly receipts in excess of $3,333 per month but not in excess of $5,000 per month; plus 50% of the gross monthly receipts in excess of $5 ,000 per month. Lessee shall be entitled to collect and receive any and all parking revenue , including, without limitation, receipts from parking meters , restaurant validations , parking coin machines and employee parking fees, if any. 2. The first sentence of Section 4 shall read as follows: The term of this lease shall be for a period to expire as of 12: 00 a.ill. (midnight) on October 3 1, 1980. 3. Section 5 shall be deleted. 4. The first sentence of Section 12 shall read as follows: Parking rates charged shall be in accordance with the following schedule beginning May 1 , 1980: First Hour $ 0. 50 Each Additional Hour $ 0. 25 Maximum Each 24 Hours $ 2.50 Storage, 7 day week $11.00 Parking Meters, Each 2 Hour $ 0. 25 In Witness Whereof the parties have hereunto set their hands this 15th day of April 1980. City of Wichita Falls By: City Man 'er Attest: Cit Clerk APCOA , Inc. By: Attest: enior. Vice Presi nt + F Assistant Secretary .. _A RATE SCHEDULE FOR SALES IN PUBLIC PARKS Upon waiving City Ordinance 22-1 (a) by the Board of Aldermen permitting the sale of goods in a public park, the City of Wichita Falls shall receive the following (except when the ordinance is waived for a small tournament, as hereinafter set out) : 1. All admission tickets - 10% of gross sales. 2. Food and soft drinks --average of current percentage paid by ballfield concessionaires. (The 1980 average rate is 165 of gross. ) These sales are allowed only in parks that are not under contract with concession- aires at the time the waiver is made. 3. Any other merchandise sold during an event--5% of gross. Other merchandise is to include programs, works of art, clothing, amusements , etc. Lessees shall agree to sell only first class commodities, and shall also agree to File a concession report provided by the Department in the Parks and Recreation office on the first Monday following the event, and pay the percentage of gross sales at that time.. When such ordinance, is waived for a small tournament (being one that includes only local and area teams within a 50 mile radius of Wichita Falls) , the City of Wichita Falls shall receive the following: 1. Admission tickets. Lessee shall complete a concession report at the completion of the tournament that will be provided by the Parks and Recreation Department. If the total received for ticket sales does not exceed the total piid for park rental, the City will not receive �, percentage. If_ the amount received from ticket sales exceeds the facility rental , lessee shall pay 1.0, on the difference. 2. Food and s0 t drinks--Same as #2 above. 3. Other 'tie i-chandise--Same as #3 above.