Min 01/20/1981 252
Wichita Falls, Texas
Memorial Auditorium Building
January 20, 1981
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 Q Aldermen
Curtis Smith
James B. Thomas
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson Chief Accounting Officer
Wilma J. Thomas City Clerk
The invocation was given by Sandy Sandlin, Faith Baptist Church.
Item 3
Moved by Alderman Thomas that minutes of the meeting held January 6, 1981 ,
be approved.
Motion seconded by Alderman Russell , and carried unanimously.
Item 4a - 10a
Item 5c was moved to the regular agenda in order that a map could be
provided.
Moved by Alderman Russell that the remaining items on the consent agenda
be approved.
Motion seconded by Alderman Boston.
Item 4a
!ORDINANCE NO. 3754
ORDINANCE AMENDING THE REGULATIONS CONCERNING PARKING METERS AT
MUNICIPAL AIRPORT.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5a
RESOLUTION NO. 2713
RESOLUTION APPROVING TAX ADJUSTMENTS #303 THROUGH #396.
WHEREAS, the Tax Department has accounts, totaling $3,109.65, that need to
be adjusted off for the following reasons : unable to locate the owners of personal
property, double assessments, calculation errors, property not owned on January
1 of a particular year, non-taxable servicemen' s personal property, correction
of value errors, property not taxable within the jurisdiction, 65 and over home-
stead exemptions , and VA exemptions; and,
WHEREAS, the net receivable amounts to be adjusted off in 1980 are $3,047.75
and in 1979 are $65.10; the adjustment for the year 1964 results in a gain of $3.20;
and,
253
Item 5a, cont'd.
WHEREAS, a copy of each adjustment with an explanation is on file in the Accounting
and Finance Department.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Such tax adjustments, #303 through #396 are hereby approved.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5b
RESOLUTION NO. 2714
RESOLUTION AWARDING CONTRACT TO PURCHASE TREES FOR VARIOUS CITY PARKS.
WHEREAS, the City has advertised for bids for the purchase of trees for various
City parks; and,
WHEREAS, two bids were received, and the bid of Webb Landscaping Company, in
the amount of $23,865 is the lowest responsible bid;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The bid of Webb Landscaping Company in the amount of $23,865 is hereby accepted,
and the City Manager is authorized to execute a contract with Webb Landscaping Company
for the purchase of said trees.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5d
RESOLUTION NO. 2715
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH TEXAS
DEPARTMENT OF WATER RESOURCES FOR CERTAIN WATER SOURCE INVESTIGATIONS
FOR 1980-81 STATE FISCAL YEAR.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT:
A certain contract, copy of which is attached hereto, between the City of
Wichita Falls and the Texas Department of Water Resources, as participants in a
cooperative water resources investigation program sponsored by the Geological Survey
of the United States Department of the Interior, is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
,' Item 5e
✓RESOLUTION NO. 2716
RESOLUTION APPROVING ASSIGNMENT OF MKT PIPELINE LICENSE FROM HALLIBURTON
SERVICES TO THE CITY OF WICHITA FALLS.
WHEREAS, under date of November 22, 1978, Missouri-Kansas-Texas Railroad Company
granted to Halliburton Services a license to construct a six inch sanitary sewer line
under the railroad right-of-way in the Expressway East Industrial District to connect
Halliburton's facilities to our sanitary sewer system; and,
WHEREAS, Halliburton has constructed a sewer lift station and pressure main, which
pressure main crosses the railroad by virtue of this license, and Halliburton is ready
to convey such lift station and force main to the City, along with such license.
i
254
Item 5e, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain assignment, a copy of which is attached hereto, of the pipeline
license from Missouri-Kansas-Texas Railroad Company, is hereby approved, and the
City Manager is authorized to execute such assignment for the City as assignee.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5f
; RESOLUTION NO. 2717
RESOLUTION AWARDING CONTRACT FOR LIGHTING OF FOUR BALL FIELDS AT
KIWANIS PARK TO BROWNING ELECTRIC, INC.
WHEREAS, the City has advertised for bids for the lighting of four ball
fields at Kiwanis Park; and,
WHEREAS, four bids were received, and the bid of Browning Electric, Inc.
in the amount of $27,584 is the lowest responsible bid;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The bid of Browning Electric, Inc. in the amount of $27,584 is hereby
accepted, and the City Manager is authorized to execute a contract with Browning
Electric, Inc. for the construction of such improvements.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
✓ Item 5
'RESOLUTION NO. 2718
RESOLUTION CONFIRMING APPOINTMENT BY COMMISSIONERS COURT OF TED C.
ALEXANDER, JR. , D.O. AND MICKEY CORNELIUS TO THE WICHITA FALLS
CITY-WICHITA COUNTY BOARD OF HEALTH.
WHEREAS, the Commissions Court of Wichita County, Texas appointed Ted C.
Alexander, Jr. , D. 0. and Mickey Cornelius as members of the Wichita Falls City-
Wichita County Board of Health for two year terms commencing January 1 , 1981 and
expiring December 31 , 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The appointments by the Commissioners Court of Wichita County, Texas of
Ted C. Alexander, Jr. , D. 0. and Mickey Cornelius as members of such Board of
Health for terms expiring December 31 , 1982 are hereby confirmed.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
%Item 6a
The low bid meeting specifications for an estimated annual supply of batteries
for all city departments was awarded to Batteries Unlimited, Inc. , in the amount
of $14,183.04.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
255
Item 6b
The low bid meeting specifications for an annual supply of tires and tubes
was awarded to Gulley Tire Company in the amount of $183,279.45.
Alderman Thomas inquired if the two bids we received is universally a small
response? Bill Schnautz, Purchasing Agent, stated that it takes quite a lot of
time to prepare bids with so many sizes.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6c
The low bid for an annual supply of 200,000 gallons of diesel fuel was awarded
to Chester Wood Oil Company in the amount of .916 per gallon.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 6d
The bid for an estimated annual linen service for all city departments was
awarded to National Linen Service Company in the amount of $12,850.68.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 6e
The low bid for an annual supply of Malathion 91 percent concentrate was
awarded to American Cyanamid Company in the amount of $14.07 per gallon bulk quantities.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 7a was deleted from the agenda.
Item 8a
Authority was granted to advertise for bids for construction of a playground
area in Wood Memorial Park, to include walkways, retaining walls, drainage system,
and various pieces of playground equipment.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 8b
Authority was granted to advertise for bids for labor and materials for construc-
tion or reconstruction of irrigation systems in various city parks.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 8c
Authority was granted to advertise for bids for a concession stand/restroom
facility at Bridwell Park.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
I
256
Item 9a
Minutes of the meetings of the following boards were received.
a. Board of Electrical Examiners--January 9, 1981
b. Traffic Safety Council--January 7, 1981
Item l0a
A public hearing on hazardous structures was set for February 17, 1981 .
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5c
A proposed resolution was presented authorizing purchase or condemnation
of certain properties for the central services complex. After having received
a copy of the map, and verifying the location of same, Alderman Hampton had no
further questions.
RESOLUTION NO. 2719
RESOLUTION DECLARING NECESSITY FOR ACQUIRING, APPROVING APPRAISALS
AND AUTHORIZING PURCHASE OR CONDEMNATION OF CERTAIN PROPERTIES
AND PAYMENT OF RELOCATION EXPENSES FOR THE CENTRAL SERVICES COMPLEX
1980-82 CAPITAL IMPROVEMENT PROGRAM.
WHEREAS, it is necessary to acquire the properties hereinafter described
for the Central Services Complex; and,
WHEREAS, such properties have been appraised by an independent appraiser
employed by the City for this purpose, and the amount of the appraisals has
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. 1 It is necessary to acquire the fee simple title to the
following properties in Wichita Falls, Texas :
CENTRAL SERVICES COMPLEX
Tr. 4, (1 .35) Ac. J. A. Scott Sur. 18, Abs. 300-J
Tr. 5, 50' x 180' , J. A. Scott Sur. 18, Abs. 300-J
Tr. 6, 50' x 125' , J. A. Scott Sur. 18, Abs. 300-J
Tr. 7, 55.34' x 125' , J. A. Scott Sur. 18, Abs. 300-J
Tr. 8, 52.66' x 125' , J. A. Scott Sur. 18, Abs. 300-J
Tr. 9, 50.6 x 125' , J. A. Scott Sur. 18, Abs. 300-J
Tr. 11 , 2.17 Ac. J. A. Scott Sur. 18, Abs. 300-J
Tr. 10, 50.6' x 125' , J. A. Scott Sur. 18, Abs. 300-J
Tr. 12, 5.14 Ac. J. A. Scott Sur. 18, Abs. 300-J
Tr. 13, 62' x 125' , J. A. Scott Sur. 18, Abs. 300-J
Total values approved in this resolution--------------------------$153,800.
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
Program and Article 3266 b revised Civil Statutes of Texas.
257
Item 5c, cont'd.
Section No. 4 In 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 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.
Moved by Alderman Hampton that Resolution No. 2719 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
Mayor Hill presented a plaque to Mr. Bob Haley, who is resigning as Assistant
City Manager, effective February 1 .
Mayor Hill stated that he had learned to appreciate him as a friend, and as
an employee of the city as Assistant City Manager. He stated that he does not know
of anyone who could have taken hold after Terrible Tuesday, and done a better job
than he had.
Alderman Thomas commented that people who have the ability to get along with
other people are rare, and those who can get the job done and get along with other
people, too, are even more rare.
Alderman Hampton commended him for a job well done stating that he believes
it is for the benefit of the citizens of Wichita Falls that he has decided to stay
here.
Item lla
Charlie Orsak, an employee of the Police Department, was honored as the January
Employee of the Month. Mayor Hill presented him with a plaque, and two tickets each
to a theatre and dinner.
Item 12a
A proposed ordinance was presented regulating purchasers of gold, silver,
jewelry, and coins.
ORDINANCE NO. 3755
ORDINANCE REGULATING PURCHASERS OF GOLD, SILVER, JEWELRY AND COINS
AND THE SCALES OR WEIGHT DEVICES USED, AND DECLARING AN EMERGENCY.
Moved by Alderman Traywick that Ordinance No. 3755 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and w°
Boston
Nays: None
Item 13a
A proposed resolution was presented authorizing the City to participate in
Section 312 Housing Rehabilitation loan program.
RESOLUTION NO. 2720
A RESOLUTION AUTHORIZING EXECUTION OF AN "AGREEMENT FOR PUBLIC BODY
APPROVAL OF SECTION 312 REHABILITATION LOANS" , AND DESIGNATING THE
OFFICIAL AUTHORIZED TO RECOMMEND APPROVAL OF LOANS ON BEHALF OF THE
CITY OF WICHITA FALLS.
258
Item 13a, cont'd.
WHEREAS, under Section 312 of the Housing Act of 1964, as amended (herein
referred to as Section 312) , the Secretary of Housing and Urban Development is
authorized, under the conditions and to the extent provided therein, to make
loans (Section 312 loans) to owners and tenants of property in certain areas for
the rehabilitation of their property and to delegate to or use as agent any local
public agency or organization to the extent he determines appropriate and
desirable to carry out the objectives of Section 312 in the areas involved; and
WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination
on the basis of race, color, or national origin under any program or activity
receiving Federal financial assistance and Executive Order 11063 prohibits
discrimination on basis of race, color, creed or national origin in sale, lease
or other disposition of residential property (including land intended for residential
use) or in the use or occupancy thereof; and
WHEREAS, the City of Wichita Falls has responsibility and jurisdiction to
carry out one or more Urban Renewal Projects, Neighborhood Development Programs,
Concentrated Code Enforcement Programs, or Certified Area Programs in an area
or areas delineated in the applicable Urban Revitalization Plan, Grant Contract
for Code Enforcement Program or Grant Contract for Certified Area Program, in
which Section 312 loans are authorized to be made; and
WHEREAS, it is desirable and will significantly benefit the rehabilitation
objectives of all such projects and programs administered by the City of Wichita
Falls for the City of Wichita Falls to have direct approval authority with
respect to Section 312 loans.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN, CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1 . The City Manager of Wichita Falls is hereby authorized and
directed to execute on behalf of the City of Wichita Falls and "Agreement for
Public Body Approval of Section 312 Rehabilitation Loans", and to act as the
authorized representative of the City of Wichita Falls in connection therewith.
SECTION 2. It is cognizant that under an "Agreement for Public Body
Approval of Section 312 Rehabilitation Loans" Section 312 loans may be approved
only in accordance with outstanding policy of the Department of Housing and
Urban Development, as it exists from time to time, and subject to availability
of funds therefor.
SECTION 3. The Director of Planning is hereby authorized to recommend
approval , on behalf of the City of Wichita Falls , Section 312 loans under the
provisions of said Agreement, and such official is hereby directed to recommend
approval of such loans only in accordance with the policy of the Department of
Housing and Urban Development, and subject to availability of funds as determined
by that Department.
SECTION 4. The United States of America and the Secretary of Housing and
Urban Development be, and they hereby are, assured of full compliance by the
City of Wichita Falls with regulations of the Department of Housing and Urban
Development effectuating Title VI of the Civil Rights Act of 1964 and applicable
Executive Orders.
Moved by Alderman Thomas that Resolution No. 2720 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
,rItem 13b
A proposed resolution was presented authorizing the City Manager to execute
a new lease with Rio Airways. The basic difference is the increase in fees to be
paid to the City.
259
Item 13b, cont'd.
/ RESOLUTION NO. 2721
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AT MUNICIPAL AIRPORT TO RIO AIRWAYS INC.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain lease, a copy of which is attached hereto, between the City of
Wichita Falls and Rio Airways, Inc. , concerning certain space and rights at Municipal
Airport 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. 2721 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Alderman Traywick asked if Rio is coming on line with a larger aircraft like
they said they would do? Jack Griffin, Acting Director of Traffic and Transportation,
stated that he had not heard anything, but that he would ask them.
Item 13c
A proposed resolution was presented authorizing the City Manager to execute
a new lease with Metroflight. The basic difference is the increase in fees to be
paid to the City.
RESOLUTION NO. 2722
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AT MUNICIPAL AIRPORT TO METROFLIGHT, INC.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain lease, a copy of which is attached hereto, between the City of
Wichita Falls and Metroflight, Inc. , concerning certain space and rights at Municipal
Airport is hereby approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls.
Moved by Alderman Hampton that Resolution No. 2722 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
Item 13d
A proposed resolution was presented amending the policy on alley paving. F
RESOLUTION NO. 2723
RESOLUTION AMENDING RESOLUTION NO. 2443 WHICH ESTABLISHED A POLICY
GOVERNING PAVING OF ALLEYS.
WHEREAS, Resolution N9. 1829 adopted a policy concerning alley paving procedures
and Resolution No. 1864 amended that policy; Resolution No. 2443 amended section
No. 1 , paragraph A of Resolution No. 1864 establishing the rates to be charged for
alley paving; and,
WHEREAS, the prices of paving materials have changed since the passage of
Resolution No. 2443 making it necessary to increase the rate charged for alley paving.
260
Item 13d, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, THAT:
Resolution No. 2443 is hereby amended so that where the rate is established
at $3.65 per foot, it be changed to $3.80 per foot and where the rate is
established at $4.10 per foot, it be changed to $4.30 per foot. Resolution
No. 1829 and Resolution No. 1864 shall remain in force except as previously
amended and as changed by this resolution.
Resolution No. 1596 is repealed.
Moved by Alderman Thomas that Resolution No. 2723 be passed.
Motion seconded by Alderman Russell .
Alderman Thomas noted that what the citizens want most is paving. If we
could concentrate in that area then we would make them happy, and they would
have a better feeling about the City.
Ernest Lillard explained that about sixty percent of the alleys in the
city have been paved, and we have 50 to 60 blocks of unpaved streets. He
stated that 90 percent of the remaining streets have some major problem relating
to it which may cost more than the cost of the paving.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 13e
A proposed resolution was presented authorizing an extension to the Gold
Cross Ambulance contract.
RESOLUTION NO. 2724
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT WITH WICHITA FALLS AMBULANCE SERVICE, INC. dba/GOLD
CROSS AMBULANCE COMPANY, PROVIDING FOR AN EXTENSION OF THEIR PRESENT
CONTRACT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain amendment to the Gold Cross Ambulance Company Contract, a
copy of which is attached hereto, between the City of Wichita Falls and Wichita
Falls Ambulance Service, Inc. dba/Gold Cross Ambulance Company, providing for
an extension of their contract, is hereby approved, and the City Manager is
hereby authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2724 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 13f
A proposed resolution was presented authorizing a fifteen percent rate
increase for Gold Cross Ambulance.
RESOLUTION NO. 2725
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT WITH WICHITA FALLS AMBULANCE SERVICE, INC. dba/GOLD
CROSS AMBULANCE COMPANY, PROVIDING FOR A RATE INCREASE.
261
Item 13f, cont'd.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
That certain amendment to the Gold Cross Ambulance Company Contract, a copy
of which is attached hereto, between the city of Wichita Falls and Wichita Falls
Ambulance Service, Inc. dba/Gold Cross Ambulance Company, providing for an increase
is hereby approved, and the City Manager is hereby authorized to execute the same
for the City of Wichita Falls. The rate increase which has been approved herein
shall become effective from and after the lst of February, 1981 .
Moved by Alderman Thomas that Resolution No. 2725 be passed.
Motion seconded by Alderman Traywick.
Bob Coburn, owner of Gold Cross , presented some cost analyses to the Council .
He stated that they have operated under 1977 standards, and it is not enough to
keep the company running like it should be. He stated that he appreciated the
fifteen percent, but it is not acceptable at this time. He would be happy to work
with the Council , but the transfer and emergency service items are financially
unacceptable. He stated that there is a 30-60 day lag time on this particular
increase to begin with. They would need to have the subsidy increase along with
the rate increase for it to do them any good on this extension. He stated that he
would like to negotiate the contract, but he could make a counter offer. The
proposal which he presented four or five months ago is already outdated.
Alderman Thomas noted that cities did not formerly pay for ambulance service,
and why is it that we are now required to pay it? Mr. Coburn stated that he did
not know that it was required, but unless the prices were very high they could
not afford the service, and it would make the costs so exhorbitant that the people
could not pay it. It was estimated that only twenty percent of the $63,000 past
due accounts receivable is collectible.
Mr. Coburn stated that he feels they have given the city more breaks in
14 years than the city has given them. Mayor Hill stated that for the first 12
or 13 years he did not have any complaints about the ambulance service, and he
wonders what has happened in the past six months to a year? Mr. Coburn stated
that he has upgraded his service over the ordinance requirements by sending his
attendants to the Emergency Medical Technicians ' program since about 1970.
Mr. Coburn stated that the following fees would be acceptable.
a. Transfer--$60.00
b. Emergency--$70-$75.00
c. Increase subsidy 150 percent of what it is now.
Mayor Hill stated that in the beginning the city only paid for unpaid bills.
Where did we come up with a subsidy? Gerald Carlson, Chief Accounting Officer,
stated that we pay Gold Cross for police calls, as well as the subsidy. The City
buys the accounts that are more than 90 days old, not to exceed $63,000. Of this
$63,000, the City pays 42 percent, the County 50 percent, Burkburnett 5 percent,
and Iowa Park 2 percent.
City Manager Stuart Bach stated that they were unable to determine from Mr.
Coburn's accounting records just what rate increase was justified. Gerald Carlson
audited their books. They felt a reasonable alternative would be to increase the
rates fifteen percent because bids were soon to be taken on an ambulance service.
This rate came as a result of meetings with Iowa Park, Burkburnett, and the County. t
The motion for passage of the resolution adopting a fifteen percent increase
was carried by the following vote.
Ayes : Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 14a
Moved by Alderman Hampton that authority be granted to advertise for bids
for ambulance service.
i
262
Item 14a, cont'd.
Motion seconded by Alderman Thomas.
City Manager Stuart Bach presented certain information contained in the
specifications. Two separate levels of bids are being requested.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Traywick, Hampton, Russell , Smith, Thomas, and
Boston
Nays : None
Item 14c
Alderman Thomas mentioned that phone calls from people seem to think that
the City has some other property which could be utilized by MHMR. He also mentioned
butane or propane for use in city vehicles. Bob Haley noted that the city may
purchase some conversion kits to try to reduce fuel consumption costs.
Mike Caudell desired clarification of award of the bid for tires and tubes
V/to Gulley Tire Company since his bid was lower. Bob Haley explained that his
bid was not signed, and not all sizes were included.
J. C. Boyd, 2505 Fain, stated that there is probably going to be a re-juggling
, of commissioners districts. It has come to his attention that we have had
difficulties with the County over certain allocations of funds. The City of
Wichita Falls is having taxation without representation. Eighty percent of the
people are in Wichita Falls. Eighty percent of the value of property is in
Wichita Falls. We need two or three representatives from the City of Wichita
Falls on that board. This is the time for the City to set up their own committee,
and get more City of Wichita Falls ' votes sitting on that Commissioners ' Court.
The Board of Aldermen went into executive session at 10:30 A.M. under
Article 6252-17, Sections (f) and (g) of the Revised Texas Civil Statutes, and
to discuss personnel . The meeting was reconvened at 11 :57.
Mayor Hill noted that the planes carrying the hostages from Iran took off
;at 11 :30 A.M. , our time. An applause rang through the Council room. Alderman
Russell invited all present to a thanksgiving service for this occasion at
6:30 P.M. this evening at Edgemere Church of Christ.
Item 14b
Moved by Alderman Thomas that the following be appointed to the Aviation
Advisory Board.
a. General McNabb--reappointed to a three-year term to expire
December 31 , 1983.
b. Charles White--same expiration term.
c. R. E. Taubert--same expiration term.
d. Kay Yeager--to replace Conrad Grozier, who does not have time
to serve. Mrs. Yeager will fill the unexpired term of Mr. Grozier.
Motion seconded by Alderman Boston, and carried unanimously.
i Moved by Alderman Thomas that the following be appointed to the Parks Board.
a. Bill Jeter--term to expire January 1 , 1984.
b. Curtis Willis--same expiration term.
c. Lou Klimchock--same expiration term.
Motion seconded by Alderman Smith, and carried unanimously.
Moved by Alderman Thomas that the following be appointed to the Traffic
Commission.
263
Item 14b, cont'd.
a. Lonnie Hobbs--term to expire December 31 , 1983.
b. Jim Hughes--same expiration term.
c. Jim Biggs, III--same expiration term.
d. Bobby Myers--same expiration term.
e. Jim Miles--term to expire December 31 , 1982.
f. Vernon Beck--same expiration term.
Motion seconded by Alderman Russell , and carried unanimously.
Moved by Alderman Thomas that the following be appointed to the Design Review
Commission.
a. Sid Lambert--term to expire December 31 , 1982.
b. Gayla Morris--same expiration term.
c. John Hirschi--same expiration term.
d. J. B. Featherston--same expiration term.
Motion seconded by Alderman Boston, and carried unanimously.
Moved by Alderman Thomas that the following be appointed to the Human Relations
Commission.
a. Sheppard AFB Representative--term to expire December 31 , 1983.
b. Harold Jones--same expiration term.
c. Otis Polk--same expiration term.
d. Bob Brown--same expiration term.
e. James Smith--same expiration term.
f. Barbara Oldham--term to expire December 31 , 1982.
g. Pete Martinez--same expiration term.
h. Warren Silver--term to expire December 31 , 1981 .
Motion seconded by Alderman Smith, and carried unanimously.
The Board of Aldermen adjourned at 12:05 P.M.
PASSED AND APPROVED this �� day of 2 1981 .
MAYOR
ATTEST:
CITY CLERK
ne,
STATE OF TEXAS Texas Department of Water Resources
COUNTY OF TRAVIS TOWR Contract No. 03-1734
The Texas Department of t•Jater Resources, hereinafter referred to as the
"Department" and the City of Wichita Falls, a duly organized political subdivi -
sion of the State of Texas, hereinafter referred to as "Cooperator," as partici -
pants in a Cooperative Water Resources Investigation Program sponsored by the
Geological Survey of the United States Department of the Interior, hereinafter
referred to as the "Survey," hereby make the following contract and agreement:
1 . The Department, or the Survey at the instance of the Department,
shall perform the investigations listed in Attachment No. 1 which is made a part
hereof, pursuant to the master agreement covering same between the Department
and the Survey entitled "1981 JOINT FUNDING MASTER AGREEMENT FOR INVESTIGATION
OF WATER RESOURCES IN TEXAS" and Memorandum of Cooperative Agreement, a copy of
which is attached hereto and made a part of hereof for all purposes, as Attach-
ment No. 2, dated August 26, 1980,. from I . D. Yost, District Chief, Water
Resources Division of the Survey, to the Department.
2. The estimated cost of the listed investigations is $10,590, of
which the Cooperator shall remit to the Department the sum of $4,342, on
demand after the 1st day of September, 1980, but under no circumstances
later than February 28, 1981 .
3. In the event the funds or technical services are not available for
the Department' s share of the costs, this agreement shall be null and void,
and any funds contributed by the Cooperator shall be refunded in full . This
agreement shall not be construed as creating any debt by or on behalf of the
State of Texas or the Texas Department of Water Resources.
4. In the event of major damage to any of the stations, listed in
Attachment No. 1 by floods or other causes, or in case it becomes desirable
to move a station or stations to a new location, the cost of repairing such
damage or moving such station(s) will be mutually agreed upon by the parties
hereto, and the Cooperator, if sufficient funds are available, shall contribute
on the same basis as for other work provided herein.
5. If the Cooperator fails to pay the Department the amount of money
agreed upon in Paragraph 2 of this contract on or before February 28, 1981 ,
the Department shall have the option to cancel and terminate this contract by
written notice to the Cooperator. If this contract is so cancelled and termina-
ted prior to August 31 , 1981 , the Cooperator will be obligated to pay the
Department for that portion of the contract price which the work and services
already performed bears to the total work and services, required under the
contract, less any payment previously made or, as appropriate, the Department
shall refund the unexpended portion of the Cooperator' s contribution or the
portion thereof which the Department is not obligated to expend on work per-
formed up to the date of termination.
Page 3 of 7 Pages
Agenda Item No.
6. This agreement may be amended by mutual written agreement of the
parties.
7. This agreement supersedes every previous cooperative contract between
the Department and the Cooperator.
In Witness Whereof, the parties have caused this contract and agreement
to be duly executed in triplicate, this lst day of September, 1980.
CITY OF WICHITA FALLS TEXAS DEPARTMENT OF WATER RESOURCES
Joe C. SmT-t-Farvey Davis4
Director of Utilities Executive rector
Stuart A. Bauch
City Manager
Page 4 of 7 Pages
Agenda Item No.
t'AE MT
Iz - T United States Department of the Interior
GEOLOGICAL SURVEY
WATER RESOURCES DIVISION
FEDERAL BUILDING
300 EAST STH STREET
AUSTIN. TEXAS 78701
August 25, 1980
ATTACtDIENT NO. 1
Description of work and funding for water-resources investigations under
joint-funding agreement between CITY OF WICHITA FALLS, Texas Department
of Water Resources and U.S. Geological Survey for the State fiscal year
ending August 31, 1981.
Program Description
I. Surface-Water Investigations
A. Operation and maintenance of the following streamflow
and reservoir-content stations:
07314500 Little Wichita River near Archer City, Tex.
07314800 Lake Arrowhead near Henrietta, Tex.
07314900 Little Wichita River above Henrietta, Tex.
TOTAL 1981 PROGRAM COSTS----------------------$10,590
City of Wichita Falls share--------$4,342
TDWR share------------------------- 953
USGS share------------------------- 59295
Page 5 of 7 Pages
Agenda Item No.
"ST OF j•
United States Depai ent of the hntel•10I-
XD
t;EO L0GICAL St RVEY
WATER RESOURCES DIVISION
FEDERAL EUILDING
300 EAST 8TH STREET
AUST!N, TEXAS 78701
ATTACFnII NT NO. 2
August 26, 1980
Memorandum
To: C. R. Baskin, Director, Data and Engineering Services Division
Texas Department of Water Resources , Austin, Texas
From: I. D. Yost, District Chief, Water Resources Division
Austin, Texas
Subject: Joint-Funding Agreement: Texas Department of Water Resources
and U.S. Geological Survey, 1981 fiscal
year ending August 31, 1981
The CITY OF WICHITA FALT;S (Cooperator) ,
Texas Department of Water Resources , and the U.S. Geological Survey have
a water-resources investigational program described in Attachment No. 1.
Please include this program in our Joint-Funding Agreement for water-
resources investigations in Texas for the fiscal year. 1981.
The Contract and Agreement between the Cooperator and the Texas Department
of Water Reso,,..irces (Department) should be bound by the following terms and
conditions:
1. The Department agrees to cause the Survey to conduct the
investigations described in Attachment No. 1 and furnish
the Cooperator copies of the information and records thus
obtained.
2. In the event of major damage to the hydrologic station
facilities by floods or other causes, or in care it becomes
necessary to move the facilities, it is agreed that costs
involved will be mutually agreed upon by the parties hereto
and shared by them on the basis indicated in Attachment No. 1.
3. It is further agreed that with advance written notice and
mutual understanding by each party, the Contract and Agree-
ment may be amended to exclude work being done or to include
additional work. Funding would be adjusted accordingly.
Page 6 of 7 Pages
Agenda Item No.
i
i
4. The program cost is $ 10,590 Of this amount $ -0-
is allotted to ground-water investigations; $ -0-
is allotted to surface-water quality investigations;
and $ 10,590 is allotted to surface-water quantity
investigations.
5. The Survey will contribute S 5,295 of these costs; the
Department will contribute $ 953 of these costs in
Technical Services and contract with the Cooperator to
obtain the remainder of these costs, or a sum of $ 4, 342
to conduct the investigations for the period
September 1, 1980 to August 31, 1981.
Please furnish me one copy of the Contract and Agreement between the
Department and the Cooperator,
I. D. Yost
Attachment
cc: Joe C. Smith, Dir. of Utilities, City of Wichita Falls, TX
CRG:mlb
Page 7 of 7 Pages
Agenda Item No.
-2-
ENSE
PIPE LINE LICM
THIS AGREEMENT No ---made this 22nd day of November 19-73—.
between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
HALLIBURTON SERVICES,
hereinafter called "Licensee".
WITNESSETH:
ARTICLE I.
1 . Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years , or until terminated by either party giving the other
party not less than thirty (30) days' advance notice' in writing of an intention to terminate
the same, the agreement to terminate upon the expiration of such term or notice, whichever
occurs first. Licensee is hereby given a renewal option at a price and term to be negotiated
no sooner than 120 days or less than 30 days prior to the expiration of this term. In the
event t�- amount of renegotiated rental is not agreed to in writing by both parties, prior to
the expiration of the term of this license, this license shall automatically terminate with-
out notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of A ONE—TIME CONSIDERATION of TWO
HUNDRED SEVENTY—FIVE A14D N0/100 ------------------- ($ 275 nn ) DOLLARS
receipt of which is hereby acknowledged,and of the covenants of Licensee as hereinafter set forth,Licensor hereby grants a license
and permission to Licensee to construe., reconstruct, use, maintain, operate, repair and install by boring method,
_412E_pipe lines(s) encased in a carrier pipe not exceeding six ( 6 ") inches in diameter, to be
used for carrying sanitsry'_ sewaLggP across or
along Licensor's property at or Bear Wichita Falls in the County of Wichita and State
of Texas . For convenience, the said pipe line is hereinafter referred to as"Crossing". The location of said
Crossing is more particularly described as follows: _
Said six (6") inch sanitary sewage pipe
line crosses said Railroad Company' s premises
at an angle of 90 degrees, more or less, mea-
sured tangent to curve, frGTit tlac C2ii L_ line of
said Railroad Company' s I.C.C. No. 102 (Old Hen—
rietta Subdivision main track) at Mile Post:
B-786. 86 , being valuation Chaining Station
6905+08, distant 25 feet, more or less, measured
Southeasterly along the centerline of said main
track from the centerline of Market Street (70 '
wide) .
L•
Page _2 of 6 Pages
Agenda Item No.
ARTICLE 11.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner a rid v:e
material satisfactory to Licensor's Chief Engineer,with its topat least five and one-half(5;,2�feet beneath the has e of the rail under
the track,and at least three(31 feet below the surface of the ground elsewhere,so it will not interfere with the safe operation of said
railroad or cause damage to Licensoe's property. Said pipe line shall be encased in a larger pipe where it passes under any railroad
track, and for at least twenty-five (251 feet on each side of the center line of any such track.
2. Present Occupants: To make appropriate arrangements with an} person or legal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor,so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or tiie contents thereof,howsoever such damage
shall be caused, whether by the negligence of Licensor, its agents, employees, or otherwise.
Licensee assumes the risk of,and shall protect,indemnify and hold harmless Licensor from and against all liability for or
on account of injury to or death of any and all persons or damage to property,including livestock killed or injured,resulting from
or incident to the construction,maintenance,use,operation,relocation,reconstruction or existence of said Crossing on Licensor's
premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or
other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of
Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others
legally using its right of way,from all claims,demands,suits or actions growing out of any such loss,injury or demands,including
investigation costs, court costs,and attorneys'fees resulting or in any manner arising from the risks herein assumed by Licensee.
Licensee fi -:her agrees to immediately investigate any such claims,demands, or suits and shall defend,settle,and/or otherwise
dispose of the same at its sole cost and expense. In the event Licensee settles any such claims,demands,or suits,it shall obtain a
release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Waiver:To waive all right to question the validity of this License or any of the terms orprovisions hereof,orthe right
or power of Licensor to execute and enforce the same.
ARTICLE III.
It is mutually agreed by and between the parties, as follows: _
L(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner,and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing,or any part thereof,or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use
or operation of Licensor's railroad,or any of its present or future appurtenances,or telegraph,telephone,signal or other lines on
Licensor's right of way,and in the event it is found necessary for Licensor to use its entire right of way,or any portion of it occupied
by the Crossing,Licensee shall at its sole expense,and within thirty(30)days after notice so to do,(or upon shorter notice in case of
emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing oras to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs,or to relocate said Crossing,then Licensor may cause such condition to be made safe,or change of location
to be made,or repairs to be made,or Crossing to be removed from Licensor's property,Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or
Licensor may terminate this License by giving to Licensee not less than ten(10)days'advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10)days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities,if any,of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of
Articlo 1, or Paragraph 2 or 4 of Article 111, or otherwise,Licensee shall promptly remove said Crossing from Licenser's right of
way,and restor_said right of way to its prior condition,or to a condition satisfactory to Licensor. If Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the
expense therefor to the Licensee on the basis prodded in Paragraph 1'(b) of Article Ill. Page 3 of 6 Pages
Agenda Item No.
4. Miscellaneous: (a)This License and all of th,, provisions herein contained shall be binding upon the pa:ties hereto,
their heirs, executors, administrators, successors and w.�ions, and Licensee agrees to supply notice in writing to Licensor of an}
name chances. Licensee agrees not to assign this Liccns:!< my interest therein,without tite consent of Licensor in writing,and an
and every such attempted assignment without such pi written consent shall be void and of no effect. In the event of an%
assignment, Licensee shall at all times remain fully resp- : .)le and liable for the payment of the rental,if any,herein specified and
for the compliance of all of its other obligations und,,: :t±e terms, provisions, and covenants of this License.
(b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearl%
anniversary date of this license by giving Licensee thirty(30)days'written notice.Licensor may increase the rental by the
percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental
increase period, or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any cornbination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent, or if posted oil or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(c)No oral promises,oral agreements, or oral warranties shall be deemed a part of this License,nor shall any alteration,
amendment,supplement,or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
(f)This License does not become binding upon Licensor until executed by Licensor's vice-president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI-KANSAS-TEXAS RAILRO;D COMPANY
BY
Vice-President`
HALLIBURTON SERVICES
By t
Title Vice-President
Address:
Drawer 1431
Duncan, Oklahoma 73533
Page 4 of 6 Pages
Agenda Item No.
File: T-1397
Form: 58
Rev: 4/77
ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS ASSIGNMENT, made October 24 1980 by and between the
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter ca a Railroad Company" , Party
of the First Part, and HALLIBURTON SERVICES
hereinafter called "Assignor", arty of the Second Part,
and CITY OF WICHITA FALLS TEXAS
hereinafter called "Assignee", arty of the Third Part.
WITNESSETH:
THAT the Railroad Company and Assignor entered into a Pipe Line License
Agreement covering one 6-inch sanitary sewage pipe line
dated November 22 1978 situated in Wichita
Falls Texas , and carrie in Railroad Company' s recor s
as Agreement No. 32432 hereinafter designated as "Agreement". Assignor desires,
subject to the consent of the Railroad Company, to assign said Agreement to Assignee.
IT IS, THEREFORE, mutually agreed between the parties hereto, as follows:
1 . In consideration of the sum of ONE HUNDRED AND N01100--------------------
--------------------------- ($ 100.00 ) DOLLARS, by Assignor to Railroad Company in
hand paid, receipt of which is hereby acknowledged, and of other good and valuable con-
siderations,; the Railroad Company hereby consents to the assignment of said Agreement
from Assignor to Assignee.
2. Assignee has thoroughly read said Agreement, and is familiar with its terms
and conditions, and hereby accepts the foregoing assignment; and agrees to use said pre-
mises for the purpose of a six-inch sanitary sewage pipe line
, and in consideration of the Railroad Company consenting
thereto, undertakes and agrees to and with the Railroad Company to carry out and perform
all the terms and conditions of said Agreement to be by Assignor carried out and performed;
and to indemnify the Railroad Company as in said Agreement provided, as if Assignee had
executed said Agreement as a party thereto, in the place and stead of Assignor; and agrees
not to assign said Agreement, or any right or interest therein, without the consent in wri-
ting of the Railroad Company.
3. Nothing herein contained shall be construed to release Assignor from any lia-
bility or obligation to the Railroad Company which has accrued or which may be accruing
at the date hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment the day and
year first above written.
HALLIBURTON SERVICES MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
Assignor
By < y
REEVIENED Vi ce-President
Title Senior Vice-President OPERATIONS
LEGAL/ A-
rINANCIAL
CITY OF WICHITA FALLS, TEXAS
Assignee
Page 5 of 6 Pages
By Agenda Item No.
Title mayor
Address: Municipal Auditorium
Wichita Falls, Texas 76307
FILE: T-1397
AGREEMENT AND LEASE OF PREMISES �1
AT
SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL
THIS AGREEMENT, made and entered into as of the lst day of October, 1980,
by and between the City of Wichita Falls, a municipal corporation of the State
of Texas (hereinafter referred to as the "City"), and Rio Airways, Inc., a
corporation organized and existing under the laws of the State of Texas (here-
in after referred to as the "Airline").
WITNESSETH :
WHEREAS, the United States Air Force owns and operates an airport known
as Sheppard Air Force Base located in the County of Wichita, State of Texas
(which airport and any additions or improvements thereto or changes therein
which the United States Air Force hereafter makes or authorizes are hereinafter
collectively called "Air Force Base"), the Air Force Base being shown in
Exhibit A attached hereto and made a part hereof; and
WHEREAS, the City leases a tract of land on the Air Force Base on which
are located a civil air terminal, ramp and supporting hangars (which tract and
any additions or improvements thereto or changes which the City hereafter makes
or authorizes are hereinafter collectively called the "Civil Terminal"), the
Civil Terminal being shown in Exhibit B attached hereto and made a part hereof;
and
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 the Flying Field and necessary appurtenances at
the Air Force Base (which flying field and any additions or improvements thereto
or changes therein which the United States Air Force hereafter makes or author-
izes are hereinafter collectively called the "Flying Field"), the Flying Field
being shown in Exhibit A; and
WHEREAS, the Airline is engaged in the business of air transportation
with respect to persons, property, cargo and mail; and
WHEREAS, the parties hereto desire to enter into an agreement for the
use of premises and facilities on said flying field and into an Agreement for
-1-
1
City of Wichita Falls;
NOW, THEREFORE, the parties hereto, for and in consideration of rents, coven-
ants 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 and improvements specified as said Flying Field and _
Civil Terminal, as more particularly hereinafter set forth:
(A) Use of Flying Field and Civil Terminal 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 15 May 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 Flying Field
and Civil Terminal, the same being more particularly described in Exhibit A and Exhibit -
B attached hereto, respectively, together with all facilities, improvements, equipment,
and services which have been or may have been or may hereafter be provided at or in
connection with said Flying Field and Civil Terminal from time to time, including without
limiting the generality hereof the landing field, runways, aprons, taxiways, sewerage and
water facilities, flood lights, landing lights, control tower, signals, radio aids, and all
other conveniences for flying,landings and takeoffs of aircraft of Airline, which use shall
consist of:
(1) The operation of a transportation system by aircraft for the carriage of 1
persons, property and mail (hereinafter referred to as "air transportation");
(2) The repairing, maintaining, conditioning, servicing and parking of aircraft
or other equipment of Airline, and of any other scheduled air transport operator (except
as to storage and fueling) as an accommodation and not as an independent business, similar
to arrangements of a generally reciprocal nature under which airlines accommodate each,
other at various airports;
(3) The training at the Flying Field and Civil Terminal of personnel in the
employ of or to be employed by Airline, and the testing of aircraft and other equipment,
it being understood that such training and testing shall be incident to the operation by
Airline of its air transportation system;
-2-
(4) The sale, disposal or exchange of Airline's aircraft, engines,
accessories, gasoline, oil, grease, lubricants and other equipment or other fuel
or supplies, provided that such right shall not be construed as authorizing the
conduct of a separate business by Airline, but to permit Airline to perform such
function as an incident to its operation of an air transportation system, and
specifically, but without limitation, to permit the sale or disposal of any article
or goods used by, or bought for use by, the Airline in connection with its operation
of an air transportation system and provided that the Airline may not sell gasoline,
fuel, greases and other lubricants except to any subsidiary or affiliated company
or except when the same are of a particular grade desired by others and not other-
wise available (except from other air transport operators) at said Flying Field or
Civil Terminal;
(5) The servicing by Airline or others of Airline's aircraft and other
equipment, by truck or otherwise, with gasoline, oil, greases, and other fuel or
other supplies required by Airline; such right to include (upon Airline's exercise
of the option specified in subsection (6) of this Article), without limiting the
generality hereof, the right to install and maintain on said Civil Terminal area
adequate storage facilities for such gasoline, oil, greases and other fuel or supplies
either underground or on the surface, together with the necessary pipes, pumps,
- — motors, filters and other appurtenance incidental to the use thereof;
(6) The landing, taking-off, parking, loading and unloading of Airline's
aircraft or other equipment;
(7) The right to load and unload persons, property and mail at said Civil
Terminal by such motor cars, busses, 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 persons, property and mail to and from the Civil Terminal; 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 IV
hereof; and provided further that the foregoing shall not be construed as imposing
upon City any obligation other than the granting of such right;
(8) The right to install, maintain and operate, in any space leased for
its exclusive use, a cafeteria or restaurant, or other food and beverage-preparing
and dispensing establishment, and the right to cook, prepare and serve therein foods
and beverages for consumption and use by Airline's employees and passengers and
guests on its aircraft operating-from said Flying Field and Civil Terminal, and to do
-3-
l
any and all things necessary required or convenient in connection therewith; provided
that nothing in this paragraph contained shall be construed as giving Airline the
right to operate a public cafeteria or restaurant;
(9) The right to install and operate advertising signs on the leased premises,
the general type, size and design of such signs to be subject to the approval of
City's Airport Manager, such approval not to be unreasonably withheld;
(10) The right to install, maintain and operate such radio, communications,
meteorological and aerial navigation equipment and facilities in, on and about the
premises herein leased as may be necessary or convenient in the opinion of the Airline
for its operations, subject to the approval of the City's Airport Manager, such =
approval not to be unreasonably withheld;
(11) The conduct of any other business or operation reasonably necessary
to the proper conduct and operation by Airline of an air transportation system for
the carriage of persons, property and mail by aircraft in domestic or foreign commerce;
(12) The rights and privileges granted Airline under this Article I with
respect to the performance of ground services and activities in connection with its
air transportation operations at the Flying Field and Civil Terminal may be exercised
by Airline for and on behalf of any other air transportation company or companies
authorized by City to use the Flying Field or Civil Terminal or for and on behalf of
Airline by such other company or companies or by an airport terminal corporation or
an airline service corporation. Without limitation, such rights and privileges shall
be deemed to include all activities incidental to the handling of reservations, the
ticketing of passengers, the receipt, dispatch, loading, unloading and storage of
passengers and their baggage, property, cargo and mail, and all ramp, repair, maintenance,
storage, fueling and dispatching services incidental to the operation of aircraft at _
the Flying Field and Civil Terminal. Without limitation, such rights and privileges _
shall be deemed to include all aircraft operated by, as well as owned by Airline.
(B) Space in Passenger Terminal Building. The exclusive use of 1 ,353 square
feet of space in the Passenger Terminal Building of Civil Terminal Area, as shown on
Exhibit C attached hereto and made a part hereof, for such uses as Airline may desire
to make thereof in connection with or incidental to its operation of an air trans-
portation system, such uses to include, without limiting the generality hereof, the
sale of tickets, manifesting of passengers, handling of mail, baggage and cargo, and
the operation of a general traffic, operations and communications office.
(C) Baggage Claim Space in Passenger Terminal Building. The use, in common
with other scheduled airlines serving Wichita Falls, of approximately 1,280 square
feet of space designated as "Baggage Claim" area on Exhibit C attached hereto.
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(D) Space in Freight Building. The use of approximately 470 square feet
of space within said building as shown on Exhibit D attached hereto. 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 specifications for such fencing as Airline
shall desire to erect shall be subject to the approval of the Airport Manager, which
approval shall not be unreasonably withheld.
(E) Public Space in Passenger Terminal Building. The use by Airline, its
employees, passengers, guests, patrons and invitees, in common with others, of all
public space in said Passenger Terminal Building and all additional public space
which may hereafter be made available in said Passenger Terminal Building, including,
without limiting the generality hereof, its lobby, waiting room, hallways, restrooms
and other public and passenger conveniences.
(F) Parking Space. The use by Airline and its employees, passengers, guests,
patrons, and invitees, in common with others, of an adequate vehicular parking space
located as near as possible to the Passenger Terminal Building. A reasonable charge
may be made for the use of such parking space.
(G) Aviation Fuel Storage Facilities. The option at any time during the
term hereof, on thirty (30) days' written notice to City to lease the exclusive use
of sufficient ground space for the installation of tanks and equipment to store,
load and unload Airline's requirements of gasoline or fuel. Said ground space shall
be located on said Civil Terminal, the exact location thereof to be determined by
mutual agreement of City and Airline at the time of exercise of option, or, if Airline
so elects, it may utilize storage facilities located off said Civil Terminal. City
agrees to grant to Airline such rights of way and easements as may be necessary for
the installation of underground pipes from Airline's storage facilities on Civil
Terminal to unloading facilities.
(H) Right of Access, Ingress and Egress. The full, free and unrestricted
access and ingress to and egress from the premises outlined in (A) through (G) above,
for Airline, its employees, passengers, guests, patrons, invitees, suppliers of
materials and furnishers of service, its or their aircraft, equipment, vehicles,
machinery and other property. (Except, however, a reasonable charge may be made for
the use of such parking space.)
ARTICLE II - TERM
Airline shall have and hold said premises, facilities, rights, licenses and
privileges set forth in Paragraphs (A) through (H) of Article I for a term of two (2)
years, beginning October 1, 1980 and ending September 30, 1982.
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ARTICLE III
LANDING FEES
PASSENGER TERMINAL AND FREIGHT BUILDING RENTALS
During the two lease years, from October 1, 1980 through September 30, 1982,
payments, fees and charges for the use of all of the premises, facilities, rights,
licenses, services and privileges granted hereunder, except those for which payments
are otherwise specifically provided in this Agreement, shall be combined in and
represented by a landing fee, passenger terminal and freight building rentals and
public address system rental, as hereinafter set out in this Article III. The $1.83
portion of the landing fee will remain constant throughout the term of this lease
unless that figure is increased by the U. S. Government.
(A) Landing Fee. For each and every revenue aircraft arrival at the Flying
Field during the first year of this lease, Airline agrees to pay City a landing fee
of an amount equal to $1.83 per landing plus twelve and two tenths cents ($0.122) per
thousand pounds (1,000 lbs.) of Federal Aviation Administration approved maximum
gross landing weight of such aircraft as certified to the City by each carrier. For
the second year of the Lease, beginning October 1, 1981, airline agrees to pay City
a landing fee of an amount equal to $1.83 per landing plus thirteen and two tenths
cents ($0.132) per thousand pounds (1,000 lbs.) of Federal Aviation Administration
approved maximum gross landing weight of such aircraft as certified to the City by
each carrier. The term "revenue aircraft arrival" as used herein shall mean any
aircraft arrival for which the Airline has received or made a monetary fee or charge, -
including, without limitation, scheduled trips and charter, sightseeing and other
trips for which revenue is received, but excluding, without limitation, ferry, test,
courtesy, inspection or other trips for which no monetary fee or charge is received
and arrivals of aircraft which are forced to land at the Flying Field because of
meteorological conditions, mechanical or operating causes or for a similar emergency or precautionary reason. The term "approved maximum gross landing weight" for any
aircraft as used herein shall be the maximum gross landing weight approved by the
Federal Aviation Administration for landing such aircraft.
The Landing Fee provided for in this Article III (A) shall be subject to an
adjustment upward or downward, 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 such 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 and taxiways
and necessary appurtenances. In the event the parties are unable to reach such
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agreement within sixty (60) days from the date of receipt by Airline of City's
request for renegotiation, the present fee shall continue in effect, or City may
cancel and terminate this Agreement by thirty (30) days written notice to Airline.
(B) Passenger Terminal Building and Freight Building Rental. Airline
will pay the City a monthly rental for the spaces in the Passenger Terminal Building
and Freight Building leased pursuant to Article I (B), (C) and (D) and designated
on Exhibits C and 0 as ticket counter, office, baggage claim and freight space; and
for use of the public address system. City will supply heat, lights and electricity
to all such spaces, and will supply air conditioning, lamps and janitor service to
Airline's lease space within the Passenger Terminal Building, at no cost to Airline.
The rental will be charged according to the following schedule:
Office and Ticket Counter Space: Effective October 1, 1980.
1,353 square feet at $10.05 per square foot per annum, being $13,597.65
per year, or $1,133.14 per month.
Office and Ticket Counter Space: Effective October 1, 1981.
1,353 square feet at $10.85 per square foot per annum, being $14,680.05
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per year, or $1,223.34 per month.
Baggage Claim Area: Effective October 1, 1980.
For Airline's prorated share of 1,280 square feet in this area at an annual
rate of $4.50 per square foot per annum.
Baggage Claim Area: Effective October 1, 1981.
For Airline's prorated share of 1,280 square feet in this area at an annual
rate of $4.85 per square foot per annum, the proper share to be prorated as
follows: shall be apportioned among all using airlines so that each pays the
proportion thereof which the number of its passengers enplaning at the airport
during each calender month bears to the total number of enplaning passengers
on all said airlines during each calendar month.
Freight Building Space: Effective October 1, 1980.
470 square feet at $4.30 per square foot per annum, being $2,021.00 per
annum or $168.42 per month.
Freight Building Space: Effective October 1, 1981.
470 square feet at $4.65 per square foot per annum, being $2,185.50 per
annum or $182.13 per month.
Public Address System: Effective October 1, 1980.
$396.00 per year, being $33.00 per month
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Public Address System: Effective October 1, 1981.
$420.00 per year, being $35.00 per month
(C) Statements and Payments. Airline shall, within five (5) days following
the end of each month, submit to City a report of the numbers of Airline's revenue
aircraft landings during such month as outlined above at the Flying Field, and City
shall, following receipt of Airline's statement, transmit to Airline an invoice for
fees, rentals and charges incurred by Airline during said month as above provided.
The foregoing payments shall be made on or before the 20th day of each
calendar month next succeeding that for which payment is being made; provided, that
in no case will said amount be payable until fifteen (15) days after receipt by
Airline of a written invoice therefor from City. Anything herein to the contrary
notwithstanding, in the event that Airline's operations at the Airport are suspended
during the term hereof because of or related to acts of war, civil commotion, in-
surrection, riot, fire, flood, accident, storm, acts of God, breakage or failure of
machinery or equipment, inability to obtain fuel, material or equipment, or the
authority to use the same, orders, rulings, regulations or restrictions of governmental,
judicial or administrative authority, strikes, labor slowdowns or disputes, or any
other cause (whether similar or dissimilar) beyond the reasonable control of Airline,
theiduring such periods of suspension, the following shall be applicable:
(1) The payment of all fees and charges shall be suspended during such - -
period but such fees and charges shall accrue and become payable thirty (30) days
after the termination of such period of suspension.
(2) The provision set out above relating to the use of revenue aircraft
arrivals to compute a Landing Fee will be applicable, and Airline shall be required
to pay a Landing Fee computed as set forth in Article III A, Landing Fee, above
based upon the actual landings completed during such period.
All unpaid monies due the City hereunder shall bear a service charge of one
and one half percent (1 112%) per month if same is not paid and received by City as
provided above. Airline shall pay and discharge all costs and expenses, including
attorneys fees, incurred or expended by City in collection of said delinquent amounts
due.
ARTICLE IV - OTHER CHARGES OR FEES
It is agreed that no charges, fees or tolls, other than herein expressly
provided for, shall be charged or collected from Airline by City or any other person,
firm or corporation presently or in the future having any interest in said Civil
Terminal or any part thereof (except fixed base operators, operating under contract
with City, may charge for storage, gasoline, fuel or services ordered from them by
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Airline); provided, however, that City may levy a reasonable charge against any
taxi, limousine or other company or operator carrying passengers to and/or from
said Civil Terminal other than transportation paid for by Airline as the result of
cancelled or interrupted flights.
ARTICLE V - 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 Flying Field
and Civil Terminal, together with all the facilities, rights, licenses and privileges
herein granted.
ARTICLE VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Airline shall have the full right of purchasing at said Civil Terminal its
requirements of gasoline, fuel, lubricating oil, grease or any other materials or
supplies from any person or company of its choice, and no charges, fees or tolls of
any kind except as herein expressly set forth shall be charged by City (or any other
person, firm or corporation presently or in the future having any interest in said
Civil Terminal or any part thereof) against Airline or its suppliers for the privilege
of using, storing, withdrawing, handling, consuming or transporting the same to,
from or on said Civil Terminal.
ARTICLE VII - MAINTENANCE AND OPERATION OF AIRPORT
City agrees that it will maintain the said Civil Terminal and appurtenances
in such manner as to comply with all appropriate local, State and Federal regulatory
authorities having jurisdiction thereof, and so that they are suitable and adequate
for Airline's operations.
City agrees during the term of this Agreement to maintain and operate and
to keep in good repair said Civil Terminal, including Passenger Terminal Building
and the appurtenances, facilities and services now or hereafter connected therewith,
including, without limiting the generality of the foregoing, all appurtenances and
facilities which the City has agreed hereunder to furnish or supply, and to keep
said Civil Terminal free from obstructions for the safe, convenient and proper use
thereof by Airline.
It is expressly understood that the City will keep the public space in the
Passenger Terminal Building attractively furnished, and will provide and supply, with
respect to said building, adequate light, water and electric power for the public
space and Airline's exclusive space therein and adequate heat and air conditioning
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sufficient to keep the Passenger Terminal Building at all times at a reasonably
confortable temperature, and will keep the said public spaces at all times, clean,
neat, orderly, sanitary and presentable.
ARTICLE VIII - RESTAURANT
The City covenants and agrees to use its best efforts to provide in the
Passenger Terminal Building a suitable restaurant which shall serve good food at
reasonable prices and shall remain open during the term hereof such hours each day
as to be reasonably available to Airline's passengers and employees. The City
agrees to give due consideration to any suggestions or complaints of Airline with
respect to said restaurant, and, if reasonably possible, to change the concessionaire
within a reasonable time after written demand of a majority of the scheduled air
transportation airlines if such written demand is based on good and sufficient cause.
ARTICLE IX - BUILDING AND IMPROVEMENTS BY AIRLINE
The Airline may at its own cost and expense erect on or install in the
Aviation Fuel Storage Premises, or any other space which is or may be exclusively
leased to the Airline hereunder, any buildings, structures or facilities, including
but not limited to, storage tanks or equipment above or under ground, that it shall
determine to be necessary for use in connection with its air transport operations,
provided that any building or structure erected shall conform insofar as practical
to the general exterior architectural design of the Passenger Terminal Premises then =_
in use on said Civil Terminal, and provided further that plans and specifications
for any such building, structure or facility shall be subject to approval by City,
such approval not to be unreasonably withheld. No restrictions shall be placed
on the Airline as to the architects, builders or contractors who shall be employed
by it in connection with the erection or installation of any such building, structure -
or facility and the City shall provide free ingress and egress to and from the
said spaces for any person or material or thing connected with such erection or
installation.
Any such building, structure or facility erected or installed by Airline
shall not become a part of the land on which it is erected but shall be and remain
the property of Airline, except as may be otherwise agreed in writing between City
and Airline prior to the erection or installation thereof.
Airline shall not make or permit any additions, improvements or alterations
to the area leased to it in the Passenger Terminal Building and Freight Building
without prior written consent of City, such consent not to be unreasonably withheld.
Any such additions, improvements or alterations made with consent of City shall be
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solely at the expense of Airline and, unless such consent specifically provides that
title to the addition or improvement so made shall vest in Airline, title thereto
shall at all times remain in City and such additions or improvements shall be subject
to all terms and conditions of this instrument.
ARTICLE X - OPTION TO LEASE ADDITIONAL SPACE
The Airline shall have the right and option at any time and from time to
time during the term hereof to lease any additional space or parcels of land at the
Civil Terminal not necessary to the operation of the Flying Field and Civil Terminal
and at the time not leased to others, whether such space or parcels of land are
adjacent to any space leased hereunder or otherwise, for the exclusive use of Airline,
upon the terms and conditions set forth herein and at a rental mutually agreed upon
by City and Airline, which rental shall be uniform, non-discriminatory and at the
rate then currently effective for the same or similar type of space or parcels of
land on the Airport; provided that any such additional space or parcels of land
shall be at locations appropriate for the purpose intended and fitting in with the
master plan of the Flying Field and Civil Terminal.
ARTICLE XI - RULES AND REGULATIONS
Airline covenants and agrees to observe and obey all reasonable rules and
regulations now in effect and which may from time to time during the term hereof
be promulgated and enforced by City for the conduct and operation of the Flying Field
and Civil Terminal; provided that such rules and regulations shall be consistent
with the safety and with rules, regulations and orders of the Federal Aviation
Administration with respect to aircraft operations at the Flying Field and Civil
Terminal; and provided further that such rules and regulations shall not be in-
consistent with the provisions of this Agreement or the procedures prescribed or
approved from time to time by the Federal Aviation Administration with respect to
the operation of Airline's aircraft at the Flying Field and Civil Terminal.
ARTICLE XII - DAMAGE OR DESTRUCTION OF BUILDING
If any building in which Airline occupies exclusive space hereunder shall
be partially damaged by fire or other casualty but not rendered untenantable, the
same shall be repaired with due deligence by the City at its own cost and expense.
If the damage shall be so extensive as to render the premises untenantable but
capable of being repaired in thirty (30) days, the same shall be repaired with due
diligence by the City at its own cost and expense, and the rent payable hereunder
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with respect to the 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. In case said building is completely
destroyed by fire or other casualty 6r so damaged that it will remain untenantable
for more than thirty (30) days, or in case it does so remain untenantable for more
than thirty (30) days, then either (1) the City may repair or reconstruct said
building with due diligence and the rent payable hereunder with respect to Airline's
exclusive space and the services therewith in said building shall be proportionately
paid up to the time of such damage or destruction and shall thenceforth cease until
such time as the premises shall be put in order; or (2) if City has not begun and
prosecuted such repair or reconstruction with due diligence within sixty (60) days
after the time of such damage or destruction, Airline may give City 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 the said building shall forthwith cease and terminate.
ARTICLE XIII - CANCELLATION BY CITY
In the event that Airline shall file a voluntary petition in bankruptcy
or that proceedings in bankruptcy shall be instituted against it and Airline is
thereafter adjudicated bankrupt pursuant to such proceedings, or that the Court
shall take jurisdiction of Airline and its assets pursuant to proceedings brought 5
under the provisions 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, City may declare this lease terminated, and the
term hereby demised shall thereupon cease.
In the event 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, City may give Airline notice in writing to correct such condition
or cure such default, and, if such condition or default shall continue for thirty
(30) days after the receipt of such notice by the Airline, City may declare this
lease terminated, and the term hereby demised shall thereupon cease.
The acceptance of rental by City for any period or periods after a default
of any of the terms, covenants or conditions herein contained to be performed,
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 term, 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 be performed, kept and observed by Airline shall be construed to be or act as a
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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 Flying Field, Civil Terminal 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.
Issuance by any Court of competent jurisdiction of an injunction in any way
preventing or restraining the use of said Flying Field or Civil Terminal or any part
thereof for Airport purposes, and the remaining in force of such injunction for a
period of at least fifteen (15) days, shall authorize City to suspend such lease on
written notice to Airline, for the period of such injunction, provided that all fees
and charges due hereunder shall abate for such period.
ARTICLE XIV - 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' notice to City, upon or after the happening of any one of
the following events.
(A) The failure or refusal of the Federal Aviation Administration to
continue to grant Airline the right to operate into and from said Flying Field and
Civil Terminal;
(B) The termination of Airline's obligation or right (imposed by contract
or otherwise) to the Federal Government for the carriage of United States air mail
to, from or through the Wichita Falls metropolitan area or its environs;
(C) The failure or refusal to designate, or the withdrawal of such
designation, by the U.S. Postal Service or any other competent governmental authority,
of the said Flying Field and Civil Terminal as the terminal point for the Wichita
Falls metropolitan area and its environs, for the receiving and dispatching of
United States air mail;
(D) Any action of the Federal Aviation Administration or the Civil
Aeronautics Board or the Texas Aeronautics Commission as it pertains to any
individual carrier refusing to permit Airline to operate into, from or through said
Flying Field and Civil Terminal such aircraft as Airline may reasonably desire to
operate thereon;
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(E) 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;
(F) The inability of Airline to use the Flying Field or any of the premises,
facilities, rights, licenses, services or privileges leased to Airline hereunder
for a period in excess of thirty (30) days !>e!cause of any law or any other, rule
or regulation of any appropriate governmental authority having jurisdiction over
the operations of Airline, or because of war, earthquake or other casualty;
(G) The assumption by the United States Government or any authorized
agency thereof of the use, maintenance or operation of said Flying Field, Civil
Terminal 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;
(H) The erection of any obstacle on or in the vicinity of said Flying Field
which would occasion a cancellation of Airline's air carrier operating certificate
or similar authorization establishing minimum safety standards for the operations
of Airline.
(I) If by reason of any action or non-action of the Civil Aeronautics
Board 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 Flying Field and Civil Terminal, whether or not such
action is initiated by Airline (including action in the nature of alteration, - ,t-
amendment, modification, suspension, cancellation or revocation of any such
certificate or document in whole or part), the Airline shall cease to have authority
to operate aircraft in or out of the Flying Field and Civil Terminal pursuant to
such certificate or document.
(J) Issuance by any Court of competent jurisdiction of an injunction in
any way preventing or restraining the use of said Flying Field or Civil Terminal
or part thereof for airport purposes, and the remaining in force of such injunction
for a period of at least fifteen (15) days, shall authorize Airline to suspend such
lease on written notice to City, for period of such injunction, provided that all
fees and charges due hereunder shall abate for such period.
(K) If, by reason of any shortage, allocation, or unavailability of jet;
fuel, it becomes necessary for Airline to suspend or cancel service, to, through, or
from City, and such suspension or cancellation continues for a period of at least
fifteen (15) days, then during such time of suspension or cancellation all obligations
hereunder shall be abated until such time as scheduled service resumes.
No waiver of default by Airline of any of the terms, covenants or conditions
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hereof to be performed, kept and observed by City shall be construed to be or act
as a waiver by Airline of any subsequent default of any of the terms, covenants
and conditions herein contained to be performed, kept and observed by City.
ARTICLE XV - INDEMNITY AND INSURANCE
Airline agrees to indemnify and hold City harmless from and against all
liability for injuries to persons or damage to property caused by Airline's negligent
use or occupancy of the Flying Field and Civil Terminal; provided however, that
Airline shall not be liable for any injury, damage or loss occasioned by the
negligence of City, its agents or employees; and provided further 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, and Airline shall have the right to compromise and defend the same
to the extent of its own interest.
Airline shall at all times during the term of this Agreement maintain in
force at its sole cost and expense a policy or policies of insurance which will
insure the City, its officers and employees, against liability for injury to or
death of any person, or damage to or loss or destruction of any property arising
out of Airline's use or occupancy of the Flying Field and Civil Terminal, except
liability arising out of the negligence or willful misconduct of City, its officers
or employees. Such insurance shall be issued by a responsible insurance company
and shall have the following minimum coverage:
a. $1,000,000 per occurrence bodily injury liability.
b. $1,000,000 per occurrence property damage liability.
Said insurance coverage shall remain in full force and effect during the term of
this lease and shall name City and its officers and employees as additional insureds
and shall be primary insurance to the full limits of liability required hereunder.
If City, its officers and employees have insurance coverage which also applies to
any loss covered by the insurance maintained by Airline, any other insurance shall
be excess insurance only, since policy or policies shall be endorsed to recognize
and insure the obligation assumed by Airline hereunder.
Airline shall furnish to City a Certificate of Insurance evidencing that
the coverage required hereunder is in full force and effect. Said policy of
insurance shall contain an endorsement requiring that City be given at least twenty
(20) days prior written notice before said policy may be cancelled, terminated or
materially changed.
Airline shall also at its sole cost and expense maintain during the term
of this lease all insurance coverage required under the Workmen's Compensation laws
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of the State of Texas for the benefit of its employees.
ARTICLE XVI - COVENANT NOT TO GRANT MORE FAVORABLE TERMS
City covenants and agrees that it will not charge a more favorable rental,
fee or charge, or grant more favorable terms to any other air transport operator
with respect to the use of said Flying Field or Civil Terminal than this lease,
or grant to any other air transport operator rights, privileges or concessions
with respect to the said Flying Field or Civil Terminal which are not accorded to
the Airline hereunder, unless the same more favorable terms, rights, privileges
and concessions are concurrently and automatically made available to the Airline.
ARTICLE XVII - 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 hereunder, Airline shall
peaceably have and enjoy the leased premises and all the rights and privileges of
said Flying Field and Civil Terminal, its appurtenances and facilities, as herein
provided.
ARTICLE XVIII - 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 hereof, in good condition in accordance with its express
obligations hereunder only, except for damage due to reasonable wear and tear, fire
and other casualty, and Airline shall have the right at any time during said term, J _
or any renewal or extension thereof, and for one year after the expiration or
termination thereof, to remove any buildings, structures or facilities it may erect
on or install in the Aviation Fuel Storage Premises or other space exclusively -
leased hereunder and to remove all fixtures and equipment and other property in-
stalled or placed by it at its expense in, on or about the premises herein leased
and said Flying Field and Civil Terminal, such fixtures and equipment and other
property to include, without limitation, storage tanks, pipes, pumps, wires, poles,
machinery and air conditioning equipment; subject, however, to any valid lien which
City may have thereon for unpaid rents or fees.
ARTICLE XIX - DEFINITION OF TERMS
Whenever the terms "Federal Aviation Administration" and "Civil Aeronatics
Board" are used in this Agreement, they shall be construed as referring to the
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Federal Aviation Administration and the Civil Aeronatics Board created by the
Federal Government under the Federal Aviation Act of 1958, or to such other agency
or agencies of the Federal Government as may from time to time be the successor
thereto or be vested with the same or similar jurisdiction over the Airline or its
.business.
ARTICLE XX - ASSIGNMENT OF LEASE
Airline shall not assign nor transfer this Agreement nor any privileges
hereunder and shall not assign nor sublet or mortgage all or any part of the premises
leased hereby, whether voluntarily or involuntarily, without the prior written
consent of the City, which consent shall not be uneasonably Withheld.r
ARTICLE XXI - NONDISCRIMINATION
Airline agrees it will not, on the grounds of race, color, national origin,
sex or creed, discriminate or permit discrimination against any person or group
of persons in the manner prohibited by Part 15 of the Federal Aviation Regulations.
City reserves the right to take such action as the United States may direct to
enforce the provisions of this covenant.
ARTICLE XXII - SPONSORS' ASSURANCES
This lease Agreement shall be subject to the terms of any sponsors' assurances
and agreements required between City and the Federal Aviation Administration or any
successor federal agency.
ARTICLE XXIII -`NON-EXCLUSIVE RIGHTS
It is understood and agreed that nothing herein contained shall be construed
to grant or authorize the granting to Airline of an exclusive right, other than the
exclusive right to use that space in the Passenger Terminal Building and the Freight
Luilding described in Article I (B) and (D).
ARTICLE XXIV - CITY AGENT
Cicy hereby designates its Airport rlanacjer, as .jell as its City Manager,
and such official as ho way designate, as its official representative, with the
full prr,?r to re,,resent City in all dealings with ;iriirc in connection .pith the
ARTICL. ;\XV - NCFICES
t�c�s t) Cit; pr3vid,-a for herein shall be sufficient if sent by
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i
rcistere3 cr tir a :,ail , postage prepaid, addressed to Airport Manager, Wichita -
Falls Municipal airport, Route 4, Box 8, Wichita Falls, Texas 76301, and notices to _
Airline, if sent by registered or certified mail, postage prepaid, addressed to Rio �#
Ainrays, Inc., P. 0. Box 636, Killeen, Texas 76541 or to such other respective
addresses as the parties may designate in writing from time to time.
ARTICLE XXVI - DEVELOPMENT OF WICHITA FALLS MUNICIPAL AIRPORT
City reserves the right to further develop or improve the Civil Terminal
as it sees fit. If the physical development of the Civil Terminal requires the re-
location of Airline, City agrees to provide a comparable location and agrees to re-
locate all buildings or provide similar facilities for Airline at no cost to Airline.
ARTICLE XXVII - HEADINGS
The article and paragraph headings are inserted only as a matter of con-
venience and for reference and in no way define, limit or describe the scope or intent
of any provisions of this lease.
ARTICLE XXVIII - INVALID PROVISION
It is further expressly understood and agreed by and between the parties -
hereto that in the event any covenant, condition or provision here 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 covenants, conditions
or provisions herein contained; provided however that the invalidity of any such
covenant, condition or provision does not materially prejudice either City or the ^
Airline in their respective rights and obligations contained in the valid covenants,
conditions or provisions in the Agreement.
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: i
ATTEST: A. Bach, City Manager
Cif; Clerk
-,;)proved as to form:
Ci y Atto_rnay RIG AIRbJAYS,
BY: G% ,� " YL�
:,.fiEST: President
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AGREEMENT AND LEASE OF PREMISES
AT
SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL
THIS AGREEMENT, made and entered into as of the lst day of October, 1980 by
and between the City of Wichita Falls a municipal corporation of the State of Texas
(hereinafter referred to as the "City"), and Metroflight, Inc., a corporation organized
and existing under the laws of the State of Texas (hereinafter referred to as the "Airline"
WITNESSETH:
WHEREAS, the United States Air Force owns and operates an airport known as
Sheppard Air Force Base located in the County of Wichita, State of Texas (which air-
port and any additions or improvements thereto or changes therein which the United
States Air Force hereafter makes or authorizes are hereinafter collectively called "Air
Force Base"), the Air Force Base being shown in Exhibit A attached hereto and made
a part hereof; and
WHEREAS, the City leases a tract of land on the Air Force Base on which are
located a civil air terminal, ramp and supporting hangars (which tract and any addi-
'tions or improvements thereto or changes which the City hereafter makes or authorizes
are hereinafter collectively called the "Civil Terminal"), the Civil Terminal being shown
in Exhibit B attached hereto and made a part hereof; and
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 the Flying Field and necessary appurtenances at the Air Force Base
(which flying field and any additions or improvements thereto or changes therein which
the United States Air Force hereafter makes or authorizes are hereinafter collectively
called the "Flying Field"), the Flying Field being shown in Exhibit A; and
WHEREAS, the Airline is engaged in the business of air transportation with re-
spect to persons, property, cargo and mail; and
WHEREAS, the parties hereto desire to enter into an agreement for the use of
premises and facilities on said Flying Field and into an Agreement for the lease and use
of premises and facilities in the Civil Terminal, which shall be fully subject to and sub-
ordinate to the 1959 Lease Agreement between the Secretary of the Air Force and the
City of Wichita Falls;
NOW, THEREFORE, the parties hereto, for and in consideration of rents, coven-
ants and agreements contained herein, agree as follows;
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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 and improvements specified as said Flying Field
and Civil Terminal, as more particularly hereinafter set forth;
(A) Use of Flying Field and Civil Terminal 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 15 May 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 Flying Field
and Civil Terminal, the same being more particularly described in Exhibit A and Exhibit
B attached hereto, respectively, together with all facilities, improvements, equipment,
and services which have been or may have been or may hereafter be provided at or in
connection-with said Flying Field and Civil Terminal from time to time, including without
limiting the generality hereof the landing field, runways, aprons, taxiways, sewerage and
water facilities, flood lights, landing lights, control tower, signals, radio aids,
and all other conveniences for flying landings and takeoffs of aircraft of Airline, which
use shall consist of:
(1) The operation of a transportation system by aircraft for the carriage
.of persons, property and mail (hereinafter referred to as "air transportation");
(2) The repairing, maintaining, conditioning, servicing and parking of - -
aircraft or other equipment of Airline, and of any other scheduled air transport operator
(except as to storage and fueling) as an accommodation and not as an independent business, _
similar to arrangements of a generally reciprocal nature under which airlines accommodate
each other at various airports;
(3) The training at the Flying Field and Civil Terminal of personnel in the
employ of or to be employed by Airline, and the testing of aircraft 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 sale, disposal or exchange of Airline's aircraft, engines,
accessories, gasoline, oil, grease, lubricants and other equipment or other fuel or
supplies, provided that such right shall not be construed as authorizing the conduct of
a separate business by Airline, but to permit Airline to perform such function as an
incident to its operation of an air transportation system, and specifically, but without
limitation, to permit the sale or disposal of any article or goods used by, or bought for
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use by, the Airline in connection with its operation of an air transportation system and
provided that the Airline may not sell gasoline, fuel, greases and other lubricants
except to any subsidiary or affiliated company or except when the same are of a particular
grade desired by others and not otherwise available (except from other air transport
operators) at said Flying Field or Civil Terminal;
(5) The servicing by Airline or others of Airline's aircraft and other equipment,
by truck or otherwise, with gasoline, oil, greases, and other fuel or other supplies re-
quired by Airline; such right to include (upon Airline's exercise of the option specified
in subsection (H) of this Article), without limiting the generality hereof, the right
to install and maintain on said Civil Terminal area adequate storage facilities for such
gasoline, oil, greases and other fuel or supplies either underground or on the surface,
together with the necessary pipes, pumps, motors, filters and other appurtenance
incidental to the use thereof;
(6) The landing, taking-off, parking, loading and unloading of Airline's air-
craft or other equipment;
(7) The right to load and unload persons, property and mail at said Civil
Terminal by such motor cars, busses, 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 persons_
property and mail to and from the Civil Terminal; 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 IV hereof; and provided further
that the foregoing shall not be construed as imposing upon City any obligation other
than the granting of such right; ?
(8) The right to install, maintain and operate, in any space leased for its
exclusive use, a cafeteria or restaurant, or other food and beverage-preparing and
dispensing establishment, and the right to cook, prepare and serve therein foods and
beverages for consumption and use by Airline's employees and passengers and guest on its
aircraft operating from said Flying Field and Civil Terminal, and to do any and all
things necessary required or convenient in connection therewith; provided that nothing
in this paragraph contained shall be construed as giving Airline the right to operate
a public cafeteria or restaurant;
(9) The right to install and operate advertising signs on the leased premises,
the general type, size and design of such signs to be subject to the approval of City's
Airport Manager, such approval not to be unreasonably withheld;
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(10) The right to install, maintain and operate such radio, communications,
meteorological and aerial navigation equipment and facilities in, on and about the premises
herein leased as may be necessary or convenient in the opinion of the airline for its
operations, subject to the approval of the City's Airport Manager, such approval not to
be unreasonably withheld;
(11) The conduct of any other business or operation reasonably necessary
to the proper conduct and operation by Airline of an air transportation system for the
carriage of persons, property and mail by aircraft in domestic or foreign commerce;
(12) The rights and privileges granted Airline under this Article I with -
respect to the performance of ground services and activities in connection with its air
transportation operations at the Flying Field and Civil Terminal may be exercised by
Airline for and on behalf of any other air transportation company or companies authorized
by City to use the Flying Field or Civil Terminal or for and on behalf of Airline by
such other company or companies or by an airport", rminal corporation or an airline service
corporation. Without limitation, such rights and privileges shall be deemed to include -
all activities incidental to the handling of reservations, the ticketing of passengers,
the receipt, dispatch, loading, unloading and storage of passengers and their baggage,
property, cargo and mail, and all ramp, repair, maintenance, storage, fueling and dis-
patching services incidental to the operation of aircraft at the Flying Field and Civil
Terminal. Without limitation, such rights and privileges shall be deemed to include all -
aircraft operated by, as well as owned by Airline.
(8) Space in Passenger Terminal Building. The exclusive use of 807 square
feet of space in the Passenger Terminal Building of Civil Terminal Area, as shown on
Exhibit C attached hereto and made a part hereof, for such uses as Airline may desire
to make thereof in connection with or incidental to its operation of an air trans-
portation system, such uses to include, without limiting the generality hereof, the sale
of tickets, manifesting of passengers, handling of mail, baggage and cargo, and the
operation of a general traffic, operations and communications office. -
(C) Baggage Claim Space in Passenger Terminal Building. The use, in common
with other scheduled airlines serving Wichita Falls, of approximately 1,280 square feet
of space designated as "Baggage Claim" area on Exhibit C attached hereto.
(D) Public Space in Passenger Terminal Building. The use by Airline's, its
employees, passengers, guests, patrons and invitees, in common with others, of all
public space in said Passenger Terminal Building and all additional public space which
may hereafter be made available in said Passenger Terminal Building, including, without
limiting the generality hereof, its lobby, waiting room, hallways, restrooms, and other
public and passenger conveniences.
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i
(E) Parking Space. The use by Airline and its employees, passengers, guests,
patrons and invitees, -in common with others, of an adequate vehicular parking space
located as near as possible to the Passenger Terminal Building. A reasonable charge may
be made for the use of such parking space.
(F) Aviation Fuel Storage Facilities. The option at any time during the term
hereof, on thirty (30) days' written notice to City to lease the exclusive use of
sufficient ground space for the installation of tanks and equipment to store, load and
unload Airline's requirements of gasoline or fuel. Said ground space shall be located
on said Civil Terminal, the exact location thereof to be determined by mutual agreement
of City and Airline at the time of exercise of option, or, if Airline so elects, it may
utilize storage facilities located off said Civil Terminal. City agrees to grant to
Airline such rights of way and easements as may be necessary for the installation of
underground pipes from Airline's storage facilities on Civil Terminal to unloading
facilities.
(G) Right of Access, Ingress and Egress. The full, free and unrestricted access
and ingress to and egress from the premises outlined in (A) through (F) above, for
Airline,`its employees, passengers, guests, patrons, invitees; suppliers of materials
and furnishers of service, its or their aircraft, equipment, vehicles, machinery and
other property. (Except, however, a reasonable charge may be made for the use of such
:- parking space.)
ARTICLE II - TERM
Airline shall have and hold said premises, facilities, rights, licenses and
privileges set forth in Paragraphs (A) through (G) of Article I for a term of two
(2) years, beginning October 1, 1980 and ending September 30, 1982.
ARTICLE III
LANDING FEES AND PASSENGER TERMINAL RENTALS
During the two lease years, from October 1, 1980 through September 30, 1982,
payments, fees and charges for the use of all of the premises, facilities, rights,
licenses, services and privileges granted hereunder, except those for which payments .
are otherwise specifically provided in this Agreement, shall be combined in and
represented by a landing fee, passenger terminal and public address system rental, as
hereinafter set out in this Article III. The $1.83 portion of the landing fee will
remain constant throughout the term of this lease unless that figure is increased by the
U. S. Government.
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(A) Landing Fee. For each and every revenue aircraft arrival at the Flying
Field during the first year of this lease, Airline agrees to pay City a landing fee
of an amount equal to $1.83 per landing plus twelve and two tenths cents ($0.122)
per thousand pounds (1,000 lbs.) of Federal Aviation Administration approved maximum
gross landing weight of such aircraft as certified to the City by each carrier. For
the second year of the Lease, beginning October 1, 1981, Airline agrees to pay City
a landing fee of an amount equal to $1.83 per landing plus thirteen and two tenths
cents ($0.132) per thousand pounds (1,000 lbs.) of Federal Aviation Administration
approved maximum gross landing weight of such aircraft as certified to the City by
each carrier. The term "revenue aircraft arrival" as used herein shall mean any
aircraft arrival for which the Airline has received or made a monetary fee or charge,
including, without limitation, scheduled trips and charter, sightseeing and other trips
for which revenue is received, but excluding, without limitation, ferry, test, courtesy,
inspection or other trips for which no monetary fee or charge is received and arrivals
of aircraft which are forced to land at the Flying Field because of meteorological
conditions, mechanical or operating causes or for a similar emergency or precautionary
reason. The term "approved maximum gross landing weight" for any aircraft as used
herein shall be the maximum gross landing weight approved by the Federal Aviation
Administration for landing such aircraft.
The Landing Fee provided for in this Article III (A) shall be subject to an
adjustment upward or downward, 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 259 of Contract DA-41-443-eng-5551. In such 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 and 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, the -
present fee shall continue in effect, or City may cancel and terminate this Agreement
by thirty (30) days written notice to Airline.
(B) Passenger Terminal Building Rental. Airline will pay the City a monthly
rental for the spaces in the Passenger Terminal Building leased pursuant to Article I
(B), and (C) and designated on Exhibits C as ticket counter, office, baggage room and
baggage claim space; and for use of the public address system. City will supply heat,
lights and electricity to all such spaces, and will supply air conditioning, lamps and
janitor service to Airline's lease space within the Passenger Terminal Building, at no
cost to Airline.
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The rental will be charged according to the following schedule:
Office and Ticket Counter Space: Effective October 1, 1980.
807 square feet at $10.05 per square foot per annum, being $8,110.35
per year, or $675.86 per month.
Office and Ticket Counter Space: Effective October 1, 1981.
807 square feet at $10.85 per square foot per annum, being $8,755.95
per year, or $729.66 per month.
Baggage Claim Area: Effective October 1, 1980.
For Airlines prorated share of 1,280 square feet in the area at the rate
of $4.50 per square foot per annum.
Baggage Claim Area: Effective October 1, 1981.
For Airline's prorated share of 1,280 square feet in the area at the rate
of $4.85 per square foot per annum, the proper share to be prorated as follows:
shall be apportioned among all using airlines so that each pays the
proportion thereof which the number of its passengers enplaning at the
airport during each calendar month bears to the total number of enplaning
passengers on all said airlines during each calendar month.
Public Address System: Effective October 1, 1980.
$396.00 per annum or $33.00 per month
Public Address System: Effective October 1, 1981.
$420.00 per annum or $35.00 per month
(C) Statements and Payments. Airline shall, within five (5) days following the
end of each month, submit to City a report of the numbers of Airline's revenue aircraft
landings during such month as outlined above at the Flying Field, and City shall,
following receipt of Airline's statement, transmit to Airline an invoice for fees, rentals
and charges incurred by Airline during said month as above provided.
The foregoing payments shall be made on or before the 20th day of each calendar
month next succeeding that for which payment is being made; provided, that in no case
will said amount be payable until fifteen (15) days after receipt by Airline of a written
invoice therefor from City. Anything herein to the contrary notwithstanding, in the
event that Airline's operations at the Airport are suspended during the term hereof be-
cause of or related to acts of war, civil commotion, insurrection, riot, fire, flood,
accident, storm, acts of God, breakage or failure of machinery or equipment, inability
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i
to obtain fuel, material or equipment, or the authority to use the same, orders, rulings,
regulations or restrictions of governmental, judicial or administrative authority,
strikes, labor slowdowns or disputes, or any other cause (whether similar or dissimilar)
beyond the reasonable control of Airline, then during such periods of suspension, the
following shall be applicable:
(1) The payment of all fees and charges shall be suspended during such
period but such fees and charges shall accrue and become payable thirty (30) days after
the termination of such period of suspension.
(2) The provision set out above relating to the use of revenue aircraft
arrivals to compute a Landing Fee will be applicable, and Airline shall be required to pay
a Landing Fee computed as set forth in Article III A, Landing Fee, above based upon the
actual landings completed during such period.
All unpaid monies due the City hereunder shall bear a service charge of one and
one half percent ( 1 1/2%) per month if same is not paid and received by City as provided
above. Airline shall pay and discharge all costs and expenses, including attorneys fees, -
incurred or expended by City in collection of said delinquent amounts due.
ARTICLE IV - OTHER CHARGES OR FEES
It is agreed that no charges, fees or tolls, other than herein expressly provided
for, shall be charged or collected from Airline by City or any other person, firm or
corporation presently or in the future having any interest in said Civil Terminal or any
part thereof (except fixed base operators, operating under contract with City, may charge
for storage, gasoline, fuel or services ordered from them by Airline); provided, however,
that City may levy a reasonable charge against any taxi, limousine or other company or
operator carrying passengers to and/or from said Civil Terminal other than transportation
paid for by Airline as the result of cancelled or interrupted flights.
ARTICLE V - 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 Flying Field and Civil
Terminal, together with all the facilities, rights, licenses and privileges herein granted.
ARTICLE VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Airline shall have the full right of purchasing at said Civil Terminal its require-
ments of gasoline, fuel, lubricating oil, grease or any other materials or supplies from
any person or company of its choice, and no charges, fees or tolls of any kind except as
-8-
herein expressly set forth shall be charged by City (or any other person, firm or
corporation presently or in the future having any interest in said Civil Terminal or
any part thereof) against Airline or its suppliers for the privilege of using, storing,
withdrawing, handling, consuming or transporting the same to, from or on said Civil
Terminal.
ARTICLE VII - MAINTENANCE AND OPERATION OF AIRPORT
City agrees that it will maintain the said Civil Terminal and appurtenances in
such manner as to comply with all appropriate local, State and Federal regulatory auth-
orities having jurisdiction thereof, and so that they are suitable and adequate for
Airline's operations.
City agrees during the term of this Agreement to maintain and operate and to
keep in good repair said Civil Terminal, including Passenger Terminal Building and
the appurtenances, facilities and services now or hereafter connected therewith, including,
without limiting the generality of the foregoing, all appurtenances and facilities which
the City has agreed hereunder to furnish or supply, and to keep said Civil Terminal free
from obstructions for the safe, convenient and proper use thereof by Airline.
It is expressly understood that the City will keep the public space in the•
Passenger Terminal Building attractively furnished, and will provide and supply, with
respect to said building, adequate light, water and electric power for the public space
and Airline's exclusive space therein and adequate heat and air conditioning sufficient
to keep the Passenger Terminal Building at all times at a reasonably comfortable
temperature, and will keep the said public spaces at all times, clean, neat, orderly,
sanitary and presentable.
ARTICLE VIII - RESTAURANT
The City covenants and agrees to use its best efforts to provide in the Passenger
Terminal Building a suitable restaurant which shall serve good food at reasonable prices
and shall remain open during the term hereof such hours each day as to be reasonably
available to Airline's passengers and employees. The City agrees to give due consid-
eration to any suggestions or complaints of Airline with respect to said restaurant, and,
if reasonably possible, to change the concessionaire within a reasonable time after
written demand of a majority of the scheduled air transportation airlines if such written
demand is based on good and sufficient cause.
ARTICLE IX - BUILDING AND IMPROVEMENTS BY AIRLINE
The Airline may at its own cost and expense erect on or install in the Aviation
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i
Fuel Storage Premises, or any other space which is or may be exclusively leased to the
Airline hereunder, any buildings, structures or facilities, including but not limited
to, storage tanks or equipment above qr under ground, that it shall determine to be
necessary for use in connection with its air transport operations, provided that any
building or structure erected shall conform insofar as practical to the general exterior
architectural design of the Passenger Terminal Premises then in use on said Civil
Terminal, and provided further that plans and specifications for any such building,
structure or facility shall be subject to approval by City, such approval not to be
unreasonably withheld. No restrictions shall be placed on the Airline as to the
architects, builders or contractors who shall be employed by it in connection with the
erection or installation of any such building, structure or facility and the City
shall provide free ingress and egress to and from the said spaces for any person or
material or thing connected with such erection or installation.
Any such building, structure or facility erected or installed by Airline shall not
become a part of the land on which it is erected but shall be and remain the property of -
Airline, except as may be otherwise agreed in writing between City and Airline prior to
the erection or installation thereof.
Airline shall not make or permit any additions, improvements or alterations to
the area leased to it in the Passenger Terminal Building without prior written consent
of City, such consent not to be unreasonably withheld. Any such additions, improvements
or alterations made with consent of 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 in Airline, title thereto shall at all time remain in City and such
additions or improvements shall be subject to all terms and conditions of this instrument.
ARTICLE X - OPTION TO LEASE ADDITIONAL SPACE
The Airline shall have the right and option at any time and from time to time
during the term hereof to lease any additional space or parcels of land at the Civil
Terminal not necessary to the operation of the Flying Field and Civil Terminal and at
the time not leased to others, whether such space or parcels of land are adjacent to
any space leased hereunder or otherwise, for the exclusive use of Airline, upon the
terms and conditions set forth herein and at a rental mutually agreed upon by City and
Airline, which rental shall be uniform, nondiscriminatory and at the rate then currently
effective for the same or similar type of space or parcels of land on the Airport;
provided that any such additional space or parcels of land shall be at locations
appropriate for the purpose intended and fitting in with the master plan of the Flying
Field and Civil Terminal.
-10-
ARTICLE XI - RULES AND REGULATIONS
Airline covenants and agrees to observe and obey all reasonable rules and
regulations now in effect and which may from time to time during the term hereof be
promulgated and enforced by City for the conduct and operation of the Flying Field and
Civil Terminal; provided that such rules and regulations shall be consistent with the
safety and with rules, regulations and orders of the Federal Aviation Administration
with respect to aircraft operations at the Flying Field and Civil Terminal; and
. , provided further that such rules and regulations shall not be inconsistent with the
provisions of this Agreement or the procedures prescribed or approved from time to time
by the Federal Aviation Administration with respect to the operation of Airline's
aircraft at the Flying Field and Civil Terminal.
ARTICLE XII - DAMAGE OR DESTRUCTION OF BUILDING
If any building in which Airline occupies exclusive space hereunder shall be
partially damaged by fire or other casualty but not rendered untenantable, the same
shall be repaired with due diligence by the City at its own cost and expense. If the
damage shall be so extensive as to render the premises untenantable but capable of
being repaired in thirty (30) days, the same shall be repaired with due diligence*by
the City at its own cost and expense, and the rent payable hereunder with respect to
the 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. In case said building is completely destroyed by fire or other
casualty or so damaged that it will remain untenantable for more than thirty (30) days,
or in case it does so remain untenantable for more than thirty (30) days, then either
(1) the City may repair or reconstruct said building with due diligence and the rent
payable hereunder with respect to Airline's exclusive space and the services therewith
in said building shall be proportionately paid up to the time of such damage or
destruction and shall thenceforth cease until such time as the premises shall be put
in order; or (2) if City has not begun and prosecuted such repair or reconstruction with
due diligence within sixty (60) days after the time of such damage or destruction, Air-
line may give City 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 the said building shall forthwith cease and terminate.
ARTICLE XIII - CANCELLATION BY CITY
In the event that Airline shall file a voluntary petition in bankruptcy or that
proceedings in bankruptcy shall be instituted against it and Airline is thereafter
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adjudicated bankrupt pursuant to such proceedings, or that the Court shall take
jurisdiction of Airline and its assets pursuant to proceedings brought under the pro-
visions 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, City may declare this lease terminated, and the term hereby demised shall
thereupon cease.
In the event 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, City may give Airline notice in writing to correct such condition or cure
such default, and, if such condition or default shall continue for thirty (30) days
after the receipt of such notice by the Airline, City may declare this lease terminated,
and the term hereby demised shall thereupon cease.
The acceptance of rental by City for any period or periods after a default of
any of the terms, covenants or conditions herein contained to be performed, 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 be 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 Flying Field, Civil Terminal 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.
Issuance by any Court of competent jurisdiction of an injunction in any way
preventing or restraining the use of said Flying Field or Civil Terminal or any part
thereof for Airport purposes, and the remaining in force of such injunction for a period
of at least fifteen (15) days, shall authorize City to suspend such lease on written
notice to Airline, for the period of such injunction, provided that all fees and charges
due hereunder shall abate for such period.
ARTICLE XIV - CANCELLATION BY AIRLINE
Airline, in addition to any right of cancellation or any other right herein given
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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 notice to City, upon or after the happening of any one of the following events.
(A) The failure or refusal of the Federal Aviation Administration to continue
to grant Airline the right to operate into and from said Flying Field and Civil Terminal;
(B) The termination of Airline's obligation or right (imposed by contract or
otherwise) to the Federal Government for the carriage of United States air mail to, from
or through the Wichita Falls metropolitan area or its environs;
(C) The failure or refusal to designate, or the withdrawal of such designation,
by the U. S. Postal Service or any other competent governmental authority, of the said
Flying Field and Civil Terminal as the terminal point for the Wichita Falls metropolitan
area and its environs, for the receiving and dispatching of United States air mail;
(D) Any action of the Federal Aviation Administration or the Civil Aeronautics
Board or the Texas Aeronautics Commission as it pertains to any individual carrier
refusing to permit Airline to operate into, from or through said Flying Field and Civil
Terminal such aircraft as Airline may reasonably desire to operate thereon;
(E) 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;
(F) The inability of Airline to use the Flying Field 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 other, rule or regulation
of any appropriate governmental authority having jurisdiction over the operations of
Airline, or because of war, earthquake or other casualty;
(G) The assumption by the United States Government or any authorized agency
thereof of the use, maintenance or operation of said Flying Field, Civil Terminal 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;
(H) The erection of any obstacle on or in the vicinity of said Flying Field
which would occasion a cancellation of Airline's air carrier operating certificate or
similar authorization establishing minimum safety standard for the operations of Airline.
(I) If by reason of any action or non-action of the Civil Aeronautics Board 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 Flying Field and Civil Terminal, whether or not such action is initiated by Airline
(including action in the nature of alteration, amendment, modification, suspension,
cancellation or revocation of any such certificate or document in whole or part), the
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i
Airline shall cease to have authority to operate aircraft in or out of the Flying
Field and Civil Terminal pursuant to such certificate or document.
(J) Issuance by any Court of competent jurisdiction of an injunction in any
way preventing or restraining the use of said Flying Field or Civil Terminal or part
thereof for airport purposes, and the remaining in force of such injunction for a
period of at least fifteen (15) days, shall authorize Airline to suspend such lease
on written notice to City, for period of such injunction, provided that all fees and
-
charges due hereunder shall abate for such period.
(K) If, by reason of any shortage, allocation, or unavailability of jet fuel,
it becomes necessary for Airline to suspend or cancel service, to, through, or from City,
and such suspension or cancellation continues for a period of at least fifteen (15) days,
then during such time of suspension or cancellation all obligations hereunder shall be
abated until such time as scheduled service resumes.
No waiver of default by Airline of any of the terms, covenants or conditions
hereof to be performed, kept and observed by City shall be construed to be or act as
a waiver by Airline of any subsequent default of any of the terms, covenants and
conditions herein contained to be performed, kept and observed by City.
ARTICLE XV - INDEMNITY AND INSURANCE
Airline agrees to indemnify and hold City harmless from and against all liability
for injuries to persons or damage to property caused by Airline's negligent use or
occupancy of the Flying Field and Civil Terminal; provided however, that Airline shall
not be liable for any injury, damage or loss occasioned by the negligence of City, its
agents or employees and provided further 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, and Airline shall have
the right to compromise and defend the same to the extent of its own interest.
Airline shall at all times during the term of this Agreement maintain in force at
its sole cost and expense a policy or policies of insurance which will insure the City,
its officers and employees, against liability for injury to or death of any person, or
damage to or loss or destruction of any property arising out of Airline's use or
occupancy of the Flying Field and Civil Terminal, except liability arising out of the
negligence or willful misconduct of City, its officers or employees. Such insurance
shall be issued by a responsible insurance company and shall have the following
minimum coverage:
a. $1,000,000 per occurrence bodily injury liability.
b. $1,000,000 per occurrence property damage liability.
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Said insurance coverage shall remain in full force and effect during the term of this
lease and shall name City and its officers and employees as additional insureds and
shall be primary insurance to the full limits of liability required hereunder. If City,
its officers and employees have insurance coverage which also applies to any loss
covered by the insurance maintained by Airline, any other insurance shall be excess
insurance only, since policy or policies shall be endorsed to recognize and insure the
obligation assumed by Airline hereunder.
Airline shall furnish to City a Certificate of Insurance evidencing that the
coverage required hereunder is in full force and effect. Said policy of insurance
shall contain an endorsement requiring that City be given at least twenty (20) days
prior written notice before said policy may be cancelled, terminated or materially
changed.
Airline shall also at its sole cost and expense maintain during the term of
this lease all insurance coverage required under the Workmen's Compensation laws of the
State of Texas for the benefit of its employees.
ARTICLE XVI - COVENANT NOT TO GRANT MORE FAVORABLE TERMS
City Covenants and agrees that it will not charge a more favorable rental, fee
or charge, or grant more favorable terms to any other air transport operator with respect
to the use of said Flying Field or Civil Terminal than this lease, or grant to any
other air transport operator rights, privileges or concessions with respect to the
said Flying Field or Civil Terminal which are not accorded to the Airline hereunder,
unless the same more favorable terms, rights, privileges and concessions are concurrently
and automatically made available to the Airline. '.
ARTICLE XVII - 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 hereunder, Airline shall peaceably
have and enjoy the leased premises and all the rights and privileges of said Flying
Field and Civil Terminal, its appurtenances and facilities, as herein provided.
ARTICLE XVIII - 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 hereof, in good condition in accordance with its express obligations
hereunder only, except for damage due to reasonable wear and tear, fire and other casualty,
-15-
and Airline shall have the right at any time during said term, or any renewal or extension
thereof, and for one year after the expiration or termination thereof, to remove any
buildings, structures or facilities it may erect on or install in the Aviation Fuel
Storage Premises or other space exclusively leased hereunder and to remove all fixtures
and equipment and other property installed or placed by it at its expense in, on or
about the premises herein leased and said Flying Field and Civil Terminal, such fixtures
and equipment and other property to include, without limitation, storage tanks, pipes,
pumps, wires, poles, machinery and air conditioning equipment; subject, however, to any
valid lien which City may have thereon for unpaid rents or fees.
ARTICLE XIX - DEFINITION OF TERMS
Whenever the terms "Federal Aviation Administration" and "Civil Aeronautics
Board" are used in this Agreement, they shall be construed as referring to the Federal J
Aviation Administration and the Civil Aeronautics Board created by the Federal Government
under the Federal Aviation Act of 1958, or to such other agency or agencies of the
Federal Government as may from time to time be the successor thereto or be vested with
the same or similar jurisdiction over the Airline or its business.
ARTICLE XX - ASSIGNMENT OF LEASE
Airline shall not assign nor transfer this Agreement nor any privileges hereunder.and shall not assign nor sublet or mortgage all or any part of the premises leased hereby,
whether voluntarily or involuntarily,without the prior written consent of the City, which
consent shall not be unreasonably withheld.
ARTICLE XXI - NONDISCRIMINATION
Airline agrees it will not, on the grounds of race, color, national origin,
sex or creed, discriminate or permit discrimination against any person or group of persons
in the manner prohibited by Part 15 of the Federal Aviation Regulations. City reserves
the right to take such action as the United States may direct to enforce the provisions
of this covenant.
ARTICLE XXII - SPONSORS' ASSURANCES
This lease Agreement shall be subject to the terms of any sponsors' assurances
and agreements required between City and the Federal Aviation Administration or any
successor federal agency.
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ARTICLE (XIII - NON-EXCLUSIVE RIGHTS
It is understood and agreed that nothing herein contained shall be construed to '.
grant or authorize the granting to Airline of an exclusive richt, other than the exclusive
right to use that space in the Passenger Terminal Building described in Article I (B).
ARTICLE XXIV - CITY AGENT
City hereby designates its Airport Manager, aS vial] as its City Manager and such
official as he may designate, as its official representative, ,rith the full power to
represent City in all dealings with airline in connection with the premises herein leased.
ARTICLE XXV - °16TICES
Notices to City provided for herein shall be sufficient if sent by registered or
certified wail , postage prepaid, addressed to Airpci•t Manager, Uichita Falls Municipal
"irport, Route 4, Box 8, tlichita Falls, Texas, 76301 , and notices to Airline, if sent
by registered or certified mail, postage prepaid, addressed to Vice President and
ueneral Manager, Metro Airlines, P. 0. Box 586083, Houston, Texas, 77053; or to such other
respective addresses as the parties may designate in writing from time to time.
.ARTICLE XXVI - DEVELOPMENT OF UICHITA tALLS 1 W ICIPAL AIRPORT
City reserves the right to further develop or improva the Civil Terminal as it
sees fit. If the physical development of the Civil Terminal requires the relocation of
Airline, City agrees to provide a comparable location and agrees to relocate all
buildings or provide similar facilities for Airline at no cost to Airline.
ARTICLE XXVII - HEADINGS
The article and paragraph headings are inserted only as a matter of convenience
and for reference and in no ';:ay define, limit or describe tine scope or intent of any
provisions of this lease.
ARTICLE XXVIII - 111VALI0 PI2,)VISIOH
It is further expressly understood and gre-d o_/ anu L'�taeen the parties hereto
L,;a in file event any covenant, condition or pro.islorl hero n, contained is deli to be
lid ;y any court or cor;,,tent jucisdiction, Lh,a in/alidit/ of any such .-_Ov,-nahL,
:.ji nl n Or pcuvision sl,al f in n0 ojy of eCt 111i Other' COi;vei1311t>, COndltlOnS Or pro-
.Ontoin-_�; provided ho.,ever, tiiut tka lnvalldlly of any sucli covenant,
n r.lyiSion not i:elterially pi-O uuice either 'ity cr the Airline in their
-17-
I
respective rights and obligations contained in the valid covenants, conditions or
provisions in this Agreement. ': -
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
S art all', City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
METROFL GHT, INC.
BY
Vice-President/General Manager
ATTEST:
_4,Secretary
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STATE OF TEXAS
COUNTY OF WICHITA
This agreement made and entered into this the day
of , 1981, pursuant to a contract dated the lst of
February, 1977 between the respective parties and in compli-
ance with Paragraph 16 thereof is made by and between the
City of Burkburnett, Texas, the City of Iowa Park, Texas ,
and the City of Wichita Falls, Texas, acting by and through
their respective City Managers or Mayors, hereinafter called
"Cities" ; and the County of Wichita, acting by and through its
County Judge, hereinafter called "County" , and Wichita Falls
Ambulance Service, Inc. d/b/a Gold Cross Ambulance Company
of Wichita Falls, hereinafter called "Contractor" :
WITNESSETH:
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREIN CONTAINED, the parties pursuant to the
original contract, and after renegotiation pursuant to
Paragraph 16 of the original contract, hereto do hereby
agree that the contract shall remain in full force and
effect and without change or alteration except for
Paragraph XIV and XVI , which shall be as follows:
XIV.
This amended contract shall become effective as of
February 1, 1981, and shall be in force and effect until
final termination of the contract on April 14 , 1981. It
is entered into subject to the Charter and Ordinances of
the Cities and to applicable state laws.
XVI.
The original contract and this amendment thereto shall
automatically terminate without notice on April 14 , 1981.
The Cities and County may terminate this contract, at their
sole decision upon the giving of twenty (20) days written
notice to Wichita Falls Ambulance Service, Inc. , which notice
shall be delivered in person or by certified mail to
Robert Coburn, their agent for such purpose.
Executed as of the day and year first above written.
CITY OF BURKBURNETT
BY:
CITY MANAGER
ATTEST:
City Clerk
CITY OF IOWA PARK
BY:
14AYOR
ATTEST:
City Clerk
CITY OF WICHITA FALLS
BY:
CITY MANAGER
ATTEST:
City Clerk
-2-
COUNTY OF WICHITA
BY:
County Judge
ATTEST:
County Clerk
WICHITA FALLS AMBULANCE SERVICE, INC.
d/b/a Gold Cross Ambulance Service
of Wichita Falls
BY:
Robert W. Coburn, President
ATTEST:
Secretary
-3-
l.
STATE OF TEXAS
COUNTY OF WICHITA
This agreement made and entered into this the day
of , 1981, pursuant to a contract dated the lst
of February, 1977 between the respective parties and in compli-
ance with Paragraph 16 thereof is made by and between the
City of Burkburnett, Texas, the City of Iowa Park, Texas,
and the City of Wichita Falls , Texas, acting by and through
their respective City Managers or Mayors, hereinafter called
"Cities" ; and the County of Wichita, acting by and through
its County Judge, hereinafter called "County" , and
Wichita Falls Ambulance Service, Inc. d/b/a Gold Cross
Ambulance Company of Wichita Falls, hereinafter called
"Contractor" :
WITNESSETH:
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS A14D
AGREEMENTS HEREIN CONTAINED, the parties pursuant to the
original contract, and after renegotiation pursuant to
Paragraph 16 of the original contract, hereto do hereby agree
that the Schedule of Fees shall be as follows:
SCHEDULE OF FEES
The following is the schedule of maximum fees for ambulance
service in the Cities of Burkburnett, Iowa Park, and
Wichita Falls and Wichita County:
Transfer Service - In Wichita Falls
(non-emergency) 9 A.M. to 4 P.M. $40. 00
Emergency Service - Base Rate Plus
$1. 00 per mile from pickup to destin-
ation $52 . 00
No Pickup Fee $20. 00
Extras:
Oxygen $ 5 . 00
Waiting time in excess of 15 minutes;
For each additional one-half hour $ 5. 00
Special Handling $ 5. 00
For each extra patient (up to 3 extra
patients) ; one-half total price charged
for single patients
Executed as of the day and year first above written.
CITY OF BURKBURNETT
BY:
CITY MANAGER
ATTEST:
City Clerk
CITY OF IOWA PARK
BY:
MAYOR
ATTEST:
City Clerk
CITY OF WICHITA FALLS
BY:
CITY MANAGER
ATTEST:
City Clerk
-2-
r
COUNTY OF WICHITA
BY:
County Judge
ATTEST:
County Clerk
WICHITA FALLS AMBULANCE SERVICE, INC.
d/b/a Gold Cross Ambulance Service
of Wichita Falls
BY:
Robert W. Coburn, President
ATTEST:
Secretary
-3-
ADMINISTRATION
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Stuart A. Bach, City Manager DATE: January 13 1981
FROM: John M. Nachbar, Administrative Assistant
SUBJECT: Ambulance Service Rate Schedule Comparison
Rate Schedule for Ambulance Service in Comparable Texas Cities
Emergency Transfer
* Amarillo $77.00 + $2.00 per mile $65.00 + $1.50 per mile
* Lubbock $85.00 + $1.50 per mile $65.00 + $1.50 per mile
* Odessa $40.00 $40.00
* Midland $50.00 $50.00
* Grand Prairie $60.00 $60.00
* Arlington $45.00 $45.00
* Wichita Falls $45.00 + $1.00 per mile $35.00
Assuming a six mile run, the average of the cities rates (excluding Wichita Falls)
is as follows:
Emergency $63
Transfer $57
Gold Cross falls 19u'o below the average on emergency, and 3Wo below the average on
transfer runs. Note, however, that Gold Cross provides basic life support only,
while Amarillo and Lubbock provide advanced life support.
Based on this comparison, allowing Cold Cross to increase emergency and transfer rates
157o seems reasonable. This would result in the following changes in Gold Cross's rate
schedule:
Emergency $52.00 + $1.00 per mile
Transfer $40.00
John M. Nachbar
Administrative Assistant
JMN/j s