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Min 09/05/1978 Wichita Falls, Texas 1 Memorial Auditorium Building September 5, 1978 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 Hardy McAlister Q Fred E. Bassett Carol G. Russell j Aldermen Curtis W. Smith James B. Thomas Delayed until 12:05 P.M. Raymond H. Adcock Gerald G. Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk The invocation was given by Jim Hance, Edgemere Church of Christ. Item 3 Moved by Alderman Adcock that minutes of the meetings held July 11 , August 1 , and August 8, 1978, be approved. Motion seconded by Alderman Bassett, and carried unanimously. Items 4a-lla Moved by Alderman McAlister that Items 4a through Ila be passed. Motion seconded by Alderwoman Russell . Item 4a An appropriation ordinance was presented to cover cost over runs in the Sanitation Department ($125,000.) ORDINANCE NO. 3350 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alder- woman Russell . Nays: None Item 4b Appropriation ordinances were presented for additional premium on automobile liability insurance for various departments. f ORDINANCE NO. 3351 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alder- woman Russell Nays: None -ORDINANCE NO. 3352 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. 2 Item 4b, cont'd. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell.. Nays: None ✓ORDINANCE NO. 3353 AN ORDINANCE MAKING AN APPROPRIATION FROM THE TRANSIT FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None ORDINANCE NO. 3354 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None Mayor Hill appointed Aldermen Thomas and Bassett to look into the insurance situation to see whether we should go into more self insurance. Item 4c Appropriation ordinances were presented for street lighting and traffic engineering departments. ,,'ORDINANCE NO. 3355 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None (ORDINANCE NO. 3356 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None / Item 5a ORDINANCE NO. 3357 ORDINANCE AMENDING SECTIONS 18-54, 18-56, AND 18-57 OF THE CODE OF ORDINANCES, TO INCREASE FEES PAYABLE BY TATTOOERS. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None ✓Item 5b ./ORDINANCE NO. 3358 AN ORDINANCE WAIVING MINIMUM BUILDING SETBACK REQUIREMENTS ON A PROPOSED REPLAT OF LOTS 10, 11 , AND 12, Block 6, BLACKMON AND WILLIAMS 2ND ADDI- TION, A SUBDIVISION OF THE CITY OF WICHITA FALLS, TEXAS. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None 3 Item 5c This ordinance pertains to Taft Boulevard. ORDINANCE NO. 3359 AN ORDINANCE AMENDING PARAGRAPH (AM) OF SECTION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, AND DECLAR- ING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None ,/' I tem 5d This ordinance establishes a reduced school speed zone on Taft Boulevard. v ORDINANCE NO. 3360 AN ORDINANCE AMENDING SECTION 29-91.1 OF THE CODE OR ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, BY ADDING SUB-PARAGRAPH (AL) TO SECTION 29-91 .1 , AND DECLARING AN EMERGENCY. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alder- woman Russell . Nays: None Item 5e ' ORDINANCE NO. 3361 ORDINANCE ALLOWING THE EXTENSION AND RENEWAL OF ORDINANCE NO. 2138, WHICH AUTHORIZED SOUTHWESTERN BELL TELEPHONE COMPANY TO ERECT AND MAINTAIN POLES, WIRES, AND OTHER FACILITIES ALONG PUBLIC STREETS AND OTHER PUBLIC PLACES, FOR THE PERIOD ENDING SEPTEMBER 30, 1981 . Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alder- woman Russell . Nays: None Item 6a vRESOLUTION NO. 2203 RESOLUTION APPROVING APPRAISAL OF PROPERTY FOR THE 1977 RECONSTRUCTION PAVING PROGRAM AND AUTHORIZING THE PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the 1977 Reconstruction Paving Program, and, WHEREAS, such property has been appraised by an appraiser employed by the City of Wichita Falls, and the amount of the value as determined from the appraisal has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and property to be purchased by Easement is as follows: 1977 Reconstruction Paving Program Drainage and Utility Easement 0.283 acre out of an 11 acre tract in the J. Goodwin Survey, Abstract 83, Wichita County, Texas. Total value approved in this resolution-----------$2,465.00 Section No. 2. The value of such property is hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by easement, such tract of land as is shown on the project right-of-way map. The I 4 Item 6a, cont'd. authorized price to be paid for such tract is the value as determined from the appraisal made by the real estate appraiser employed by City of Wichita Falls. Section No. 3. In the event the City Manager is unable to purchase any such tract for such approved Value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None ,Item 6b J RESOLUTION NO. 2204 RESOLUTION APPROVING APPRAISAL OF PROPERTY FOR PLUM CREEK DRAINAGE PROJECT AND AUTHORIZING THE PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the Plum Creek Drainage Project, and, WHEREAS, such property has been appraised by an appraiser employed by the City of Wichita Falls, and the amount of the value as determined from the appraisal has been studied by the Board of Aldermen, and a copy is now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 . The project and property to be purchased by Easement is as follows: Plum Creek Drainage Project Drainage and Utility Easement 30,400 SF out of a portion of Blocks 7 and 8, Foley Subdivision 6,240 SF out of Block 6, Foley Subdivision 11 ,584 SF out of Block 4 and 5, Foley Subdivision 13,168 SF out of the Capital Addition 8,256 SF out of Block 3, Foley Subdivision 3,888 SF out of the South half of Block 2, Foley Subdivision 2,240 SF out of North half of Block 2, Foley Subdivision 1 ,440 SF out of Block 1 , Foley Subdivision 4,260 SF out of Lot 1-B, Gerta Schaffner Subdivision Total value approved in this resolution-------------$2,520.00 Section No. 2. The value of such property is hereby approved, and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls, by easement, such tract of land as is shown on the project right-of-way map. The authorized price to be paid for such tract is the value as determined from the appraisal made by the real estate appraiser employed by the City of Wichita Falls. Section No. 3. In the event the City Manager is unable to purchase any such tract for such approved value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None 5 Item 7a }'RESOLUTION NO. 2205 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF PLUM CREEK DRAINAGE PROJECT. WHEREAS, the City of Wichita Falls has advertised for bids for the construc- tion of Plum Creek Drainage Project; and WHEREAS, three bids were received and said bid submitted by Duke Concrete Construction Company in the amount of $208,055.55 was the low bid received, and it is found that said bid is fair and responsible and should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Duke Concrete Construction Company in the amount of $208,055.55 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Duke Concrete Construction Company for the con- struction of such improvements. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None Item 7b No bids were received for relocation of two buildings from Sheppard Air Force Base. It was recommended that the City Manager be allowed to negotiate for the removal of these buildings. Moved by Alderman Smith that this authority be granted. Motion seconded by Alderman Adcock, and carried unanimously. Item 8a V RESOLUTION NO. 2206 RESOLUTION APPROVING CHANGE ORDER NUMBER 1 AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT TO C AND R CONSTRUCTION AND MANAGEMENT COMPANY FOR DEMOLITION AND SITE WORK. WHEREAS, on April 11 , 1978, the City of Wichita Falls entered into a contract with C and R Construction and Management Company for demolition and site work at 719 Ohio, also known as Phase I, Farmers Market; and, WHEREAS, certain items of salvage value were removed from the building by the former owner; and, WHEREAS, the pilasters are no longer necessary to support the remaining wall ; and, WHEREAS, the contractor has agreed to accept these two changes with no change in the contract amount of $24,000; and, WHEREAS, the contractor has submitted his final work estimate showing the amount of $7,767.60 now due for work performed under the contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The demolition and site work at 719 Ohio is accepted by the City of Wichita Falls, the Change Order Number 1 , and Final estimates are approved, and the City Manager is directed to pay to the contractor the amount shown on the estimate. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None Item 8b ,/RESOLUTION NO. 2207 RESOLUTION ACCEPTING REPLACEMENT OF ROOF ON WICHITA FALLS CITY-COUNTY HEALTH CENTER. 6 Item 8b, cont'd. WHEREAS, the City of Wichita Falls and Armored Roofing Company, Inc. , entered into a contract dated February 24, 1978, wherein the contractor agreed to replace the roof on the Wichita Falls City-County Health Center; and, WHEREAS, said work has been completed in accordance with the specifications; and, WHEREAS, the contract price for such work was $17,995.00, all of which has been paid to the contractor except $1 ,583.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The replacement of the roof on the Wichita Falls City-County Health Center is accepted by the City of Wichita Falls, and the City Manager is directed to pay to said contractor the balance due for said work as set out above. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None Item 8c ✓RESOLUTION NO. 2208 RESOLUTION ACCEPTING CONSTRUCTION OF CHAIN LINK FENCING ON TENNIS COURT AND BASKETBALL COURT AT LYNWOOD EAST PARK, AND TENNIS COURT AT SCOTLAND PARK. WHEREAS, the City of Wichita Falls and Ace Fence Company entered into a con- tract dated April 1 , 1978, wherein said contractor agreed to construct chain link fencing around a tennis court and a basketball court at Lynwood East Park, and around a tennis court at Scotland Park; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for such construction was $6,973.80, of which all has been paid except $3,486.90. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such chain link fencing is accepted by the City of Wichita Falls, and the City Manager is directed to pay to the said contractor the balance due as shown above. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None Item 8d RESOLUTION NO. 2209 RESOLUTION ACCEPTING CONSTRUCTION OF TEN CONCRETE BASKETBALL SLABS IN CERTAIN CITY PARKS. WHEREAS, the City of Wichita Falls and Frank McGrath, concrete contractor, entered into a contract dated May 18, 1978, wherein said contractor agreed to construct ten concrete basketball slabs in certain City parks; and, WHEREAS, said construction has been completed in accordance with the plans and specifications; and, WHEREAS, the contract price for such construction was $12,150.00, all of which has been paid to the contractor except $1 ,215.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such ten concrete basketball slabs is accepted by the City of Wichita Falls, and the City Manager is directed to pay to said contractor the balance due as shown above. 7 Item 8d, cont'd. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None ,%Item 9a Authority was granted to advertise for bids for picnic tables in various city parks. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None /Item 9b Authority was granted to advertise for bids for ball diamond lights at Brid- well Park. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman j Russell . Nays: None ,/Item 9c Authority was granted to advertise for bids for irrigation system at Lynwood East and Spudder Parks. Alderman Bassett commented on spending money for grooming our parks, and going for weeks without mowing. Alderman Smith noted that the Park Board has discussed this problem. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None ✓item 9d Authority was granted to advertise for bids for playground equipment for Lucyland, Phase 2. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None / Item 10 Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners--August 8, 1978 b. Park Board--August 29, 1978 c. Planning Board--August 9, 1978 d. Design Review Commission--August 17 and 23, 1978 e. Airport Zoning Board--August 17, 1978 f. Traffic Commission--August 8, 1978 g. Aviation Advisory Board--August 16, 1978 h. Art Commission--August 15, 1978 i . Traffic Safety Council--August 2, 1978 Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None Item lla Authority was given for a public hearing on hazardous structures to be held on October 3, 1978. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None it 8 v Item 12a A public hearing was opened on hazardous structures. Johnnie Marie Smith, of Palestine, Texas, appeared regarding her property at 814 Chance. She stated that she planned to repair the house. She also stated that she would remove the structures around the place today and tomorrow. She intends to rent the property. Preston McBee stated that she has already had 90 days in which to do something about it, and the ordinance automatically gives her an additional 30 days. She stated that she would like to have more time since she lives so far away. She stated that she could get part of it done in two days. Mr. McBee stated that he believed she could get it cleaned up within 30 days. Until such time as the property is safe health-wise for them to get in and inspect, they will not know what else is required to bring it up to code. They will work with her on it. Lee W. Kelly, 1407 Smith, appeared regarding his property at 400 Woods. He stated that this property is being used as a temporary storage. He stated that he plans to start on the foundation, and get a permit within the next three weeks. Mr. McBee stated that Mr. Kelly has had 90 days to do something about it, plus an additional 30 days which the ordinance gives. He further stated that nothing has been done to this structure since December 1976. The original notice on this property went out last May. It is their job to see that something is done to these structures. Mr. Kelly takes a lot of liberty with permits. It took him about eight years on one property to get it completed. He has not paid his taxes but one time since 1971 . The public hearing was closed. - ✓ORDINANCE NO. 3362 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN 30 DAYS OF THE DATE OF THIS ORDIN- ANCE, AND DECLARING AN EMERGENCY. Moved by Alderman Bassett that Ordinance No. 3362 be passed, and giving Mrs. Smith a 30-day extension on her property. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Adcock, and Alderwoman Russell . Nays: None ,/Item 13a John Adams, 5119 Lakeshore Drive, and Jimmy Horany, of Lakeside City, appeared for the Lake Wichita Steering Committee regarding improvements to Lake Wichita. They made a lengthy presentation on the history of the lake and the involvement of the Corps of Engineers. They requested that sediment and silt be removed from the lake, that repairs be made to the dam as reported by the Corps of Engineers in- spection team, and maintain the level of water at 978 feet. They want the spill- way left as it is, and repair the channel below the dam. They stated that a few years ago a Louisiana contractor offered to remove silt from the lake at no cost to the City, and they would not let him. No one could recall such an offer in the last 15 years. The Mayor pointed out that the cost to dredge one foot from the lake would be $8,066,666. The City Manager explained the steps which will be followed in arriving at possible funding of the project, stating that he expects some word within the next two months on whether it has gone to the next step or not. Mr. Adams suggested that contractors might donate time to remove silt from the lake. Also, that Sheppard Air Force Base has previously participated in re- moving silt from the lake when the soccer field was built. The City Manager noted that the Council has considered some silt removal at the time repairs are made to the dam when water has to be let out of the lake. The Mayor pointed out that we do not have eight million dollars to remove silt from the lake. Even if we did, there would be no place to put it. The City Manager stated that if it appears that the project is going forward, then that would be the time to search out contractors and go forward with dredging at that time. Alderman Bassett suggested that Mr. Adams make an unofficial contact to this contractor in Louisiana, and put him in touch with the Council and City Manager, if he has a proposal to make to the City to remove sediment. 9 Item 13a, cont'd. Alderman Adcock inquired concerning recreational facilities at Lake Wichita. The City Manager explained that the only reason the Corps of Engineers is involved is for flood control . Alderman Adcock noted that over a period of several years, Lake Wichita could be made into a beautiful recreational facility for this city. Alderman McAlister suggested that we wait to see whether the federal govern- ment will assist the City of Wichita Falls in the dam, channelization, and spill- way. If it becomes unfeasible, then we should look at local proposals. Item 13b The City Council PTA addressed the Board of Aldermen on elimination of school crossing guards. Mrs. Ronnie Millican, President of City Council PTA, stated that the execu- tive board will assist the local units in obtaining crossing guards. She hopes the Board of Aldermen will reconsider the present guards, and reinstate the one at Ben Franklin area and Rhea Road at Southwest Parkway. There were 25 children last year in Midwestern Farms area, and probably more this year. She agreed that schools and parents have a responsibility to teach safety to their children, but after they step off the school ground their responsibility stops. She questioned the validity of the survey conducted by Ed Ilschner, Director of Traffic, in which he found in an engineering study, that ten of the sixteen guards were not needed. She stated that they need adult supervision. She stated that she would be more than happy to meet with the Council at a budget session, and work with them in trimming fat, without cutting services and guards from the City. She stated that they feel very strongly that this expenditure belongs to the City Council . Taxpayers pay dollars to the city and school . Education is a function of the school , and safety and protection of the children belong to the city. Alderman Bassett stated that it is very difficult to prioritize budget items. Ed Ilschner stated that they had trouble hiring guards. They could only get 15 instead of the 16 authorized. They did not want to start the school year off with, and the people who were serving did not want to start for only three weeks and not be funded after October 1 . Ed Ilschner stated that in 1970 the school district notified the city that they would no longer participate with the city in this project. Mayor Hill pointed out that our engineers have studied and recommended that ten of the sixteen school crossing guards were not needed in these locations. Mr. Ilschner stated that the method which he used for this survey was recommended by the National Congress of Parents and Teachers and the Automotive Safety Association. They do not make counts on a rainy day. They make several counts, and bicyclists are counted as pedestrians. He stated that some type of control is needed. It does not have to be adult type crossing guards, but they have gone one step farther than the program suggests, and have suggested adult crossing guards at some locations, and passive devices at others. Alderman Smith inquired if they had talked with any member of the school board to ask for funding. Mrs. Millican stated that they had not. She had talked with Dr. Williamson, but not the school board. Alderwoman Russell stated that this decision to eliminate certain crossing guards was made after some in- formal discussions with those who felt they would be agreeable to a compromise. "I She pointed out that the school is also involved in other areas not strictly edu- cational , such as health and lunch programs, and she believed this to also be com- patible with those programs. i j Mrs. David Powers, 1545 Malcolm, stated that she is president of a local unit and member of the City Council PTA. She had a copy of the data showing traffic tickets which were issued in 1975 in school areas during a two month period. She stated that she had tried to get that same information for 1976 and 1977, but was told by Data Processing that it was privileged information. She stated that an adult crossing guard gives the children someone to look up to for help. She stated that our schools are in the process of educating our children, but the revenue from the tickets goes somewhere else. She was glad that they are looking at Jacksboro Highway and Southwest Parkway again. Alderman Bassett suggested that crossing guards be placed at these locations for the remainder of this month, which is the end of the fiscal year. Aldermen Adcock and Russell agreed. 10 Item 13b, cont'd. Mary Ann Young, 4802 Reginald, stated that they will not find many children crossing at Southwest Parkway and Rhea Road because mothers are afraid to let them cross. Mr. Ilschner stated that the south side pedestrian push button has been repaired, and the timing extended for crossing. The pedestrian timer is longer than the vehicle crossing. Mrs. Young stated that she takes her children to school . Moved by Alderman Bassett that the $16,000 be reinstated for 16 crossing guards. Motion seconded by Alderman Smith. Mrs. Leland Allred inquired if the $16,000 includes a crossing guard at Ben Franklin? Mr. Ilschner stated that it does not. The crossing there was on Kell . The school re-districted to prevent children from crossing Kell . Mrs. Allred stated that the children who reside on the west side of Taft had been instructed to go all the way to Kell to cross with the guard. Mr. Ilschner requested in- formation from the school on how many children cross the street by walking. John Gondel , who resides in Midwestern Farms, supports re-institution of the crossing guards. He also believes there is an immediate need for a guard for children crossing Southwest Parkway at Rhea Road. Alderman McAlister stated that this is a school problem, and not a city prob- lera. The City does not have insight into where schools are built or how boundary lines are drawn. Only four citizens were present at the school board budget hear- ing. The problem is not the funding, but whose responsibility it should be. The PTA has gone to a great time and effort to come up and talk with us, but surely they are closer to the school than they are to us. It should be a school function. Mayor Hill stated that he remembered when the school accepted the responsi- bility of children from the time they left home until they got to school . We do not want to shirk our responsibility, but neither do we want to accept the re- sponsibility of someone else. Alderman Bassett stated he felt it is the City's responsibility for the safety of children when they step off the curb. He does not believe it is the school 's responsibility. Alderman Adcock agreed in princi- ple, but feels there is a broad area of responsibility between the schools and the city in this area. Alderman Smith feels the responsibility should be shared equally. An unidentified woman stated that a city council representative is always present at school board meetings. Alderman McAlister noted that they were not present at the budget meeting. (Alderman Thomas came in at 12:05 P.M.) Alderman McAlister stated that the school board has not had any pressure put on them to provide this service. We have found there are some areas where we should assume responsibility, and some areas where the school should assume re- sponsibility. Mrs. Millican asked if they would give them the money from traffic tickets to pay for it? The City Manager asked "Why?". He further stated that a ticket issued by a police officer has nothing to do with whether a school cross- ing guard was there or not there. Alderwoman Russell pointed out that the last time this issue was before the Council was it not stipulated that there should be a positive attempt made to encourage the school board to assume their fair share of the program? Alderman McAlister stated that this is true. Mrs. Powers stated that she was present at that time, and they did not enter into an agreement. Alderman McAlister agreed, stating that they were put on notice, however, that they would expect some cooperation if they agreed to re- institute the guards. The City Manager asked why we should do these studies if we are not going to use them? Ed Ilschner asked if 16 or 18 guards would be funded, and Alderman Bassett replied 16. The motion was carried by the following vote: Ayes: Mayor Hill , Aldermen Bassett, Smith, and Adcock Nays: Aldermen McAlister, Thomas, and Alderwoman Russell . 11 The meeting was recessed at 12:25, and reconvened at 1 :00 P.M. . ,,Item 14a A proposed ordinance was presented prohibiting possession and/or consump- tion of alcoholic beverages in certain parks. ✓ORDINANCE NO. 3363 ORDINANCE PHOHIBITING POSSESSION AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN CERTAIN PARKS IN THE CITY OF WICHITA FALLS. I Moved by Alderman Bassett that Ordinance No. 3363 be passed. Motion seconded by Alderman Thomas. Alderwoman Russell stated that she feels we have defeated the premise on which this was abolished before. Alderman Bassett noted that this approach is not perfect. The Park Board does not receive complaints. The Director of Parks requested help because of increased problems in the park area. This way it puts all parks exactly alike. Ayes: Mayor Hill , Aldermen Bassett, Smith, Thomas, Adcock, and Alderwoman Russell . Nays: Alderman McAlister L.'Item 14b City Manager Gerald Fox explained the request of Cowden Cab Company for a taxicab fare increase, which would provide for a slight profit for the cab com- pany. Mayor Hill noted that this request is the highest of Texas cities studied. Bob Cowden stated that on a lease operation, they would own the cab and lease it to another party. He requested that an option of 80 cents for the first one- fourth mile and 20 cents for each additional one-fourth mile also be included in the ordinance, which the Council agreed to. ✓ORDINANCE NO. 3364 AN ORDINANCE AMENDING SECTION IV OF ORDINANCE NO. 1631 , AS AMENDED, IN- CREASING THE RATE OF FARE TO BE CHARGED BY TAXICABS. Moved by Alderman Bassett that Ordinance No. 3364 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell . Nays: None JItem 14c A proposed ordinance was presented authorizing temporary establishment of a zone fare plan for taxicabs. V'ORDINANCE NO. 3365 ORDINANCE AUTHORIZING, FOR A TEMPORARY TIME, THE ESTABLISHMENT AND EXPERIMENTATION WITH A ZONE FARE PLAN FOR TAXICABS. Moved by Alderman McAlister that Ordinance No. 3365 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None 12 Item 17a Stephen Ondrejas, Director of Planning, presented a request for a general development plan of the entire historical district. He explained that funds utilized will be from the hotel-motel occupancy tax. Two alternatives were pre- sented. (1 ) Contract the general development plan to the project manager of Depot Square, and (2) Contract the general development plan to a firm which has completed similar work. The four projects to be included in a contract with the Depot Square manager are (1 ) Route Building, (2) Skyscraper, (3) Transit Ter- r.e . minal , and (4) Mini-Park. The City Manager explained that we are asking the Council to permit us to proceed with architectural agreements for design of these buildings. Alderman Bassett wondered how much the Heritage Society would pay us to lease the Route Building. He opposes going out of town to employ a lead architectural firm. Moved by Alderman Thomas that no action be taken today, and that it be discussed at a work session on September 12. Motion seconded by Alderman Bassett. Alderman Bassett desired information concerning terms of the lease, amount, etc. He does not want to get into a situation where the City subsidizes this project indefinitely. Pat Jones appeared as chairman of the Design Review Commission, stating that it is a seven member commission formed to protect the historical district. She explained that the Route Building would contain a soup and sandwich shop, ticket selling, office space, etc. The steering committee of the Heritage Society was the initiator of this project. The Design Review Commission deals primarily with changes to the exterior of the buildings in the historical district. It also deals with demolitions. J. C. Boyd, Jr. , Executive Director of Midtown Now, Inc. , stated that the general development plan is the key to what they are doing. A question was raised about the architect. Michael Maloney stated that he would not have submitted a proposal if it had not been the intent to design the whole district. Experts are needed to prepare the master plan. There should be some connection between the person who does the master plan, and the project manager. The motion was carried unanimously. ,-'Item 15a A proposed resolution was presented authorizing the City Manager to request certification of the ordinance establishing the Depot Square Historical District. , RESOLUTION NO. 2210 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST CERTIFICATION OF THE DESIGN REVIEW COMMISSION ORDINANCE. WHEREAS, the City of Wichita Falls, Texas has an approved Design Review Commission Ordinance 3307 which establishes the Depot Square Historical District, and, WHEREAS, certification of this ordinance by the Secretary of the Interior is advisable and in the public interest, and, WHEREAS, such certification requires that a representative be duly authorized to request such certification. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby designated as the City representative to request certification of the Design Review Commission Ordinance by the Secretary of the Interior. Moved by Alderman Bassett that Resolution No. 2210 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell . Nays: None N 13 Item 15b A proposed resolution was presented ratifying submittal of an application for funds from the Texas Historical Commission. The application has already been submitted because the deadline was September 1 . Alderman Thomas desired to tour the Route Building to see what it looks like. RESOLUTION NO. 2211 RESOLUTION RATIFYING THE SUBMITTAL OF AN APPLICATION FOR $100,000 FROM THE TEXAS HISTORICAL COMMISSION FOR RENOVATION OF THE ROUTE BUILDING. WHEREAS, the restoration of the Route Building is an approved activity in the 1978 Community Development program; and, i WHEREAS, Community Development funds may be used for the City's share of a matching grant; and, WHEREAS, $100,000 is available in Community Development funds for this purpose; and, WHEREAS, the matching $100,000 may be available from the Texas Historical Commission; and, WHEREAS, the deadline for submitting an application for funding from the Texas Historical Commission is September 1 , 1978. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The submittal of an application to the Texas Historical Commission for $100,000 is ratified and the City Manager is authorized to accept the grant if the application is approved. Moved by Alderman McAlister that Resolution No. 2211 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock Nays: Alderman Thomas Item 17b The Depot Square steering committee role was discussed. Steve Ondrejas explained that it has four major tasks. 1 . Continuous communication with the City's Planning Division, and an opportunity to comment on Depot Square development and design. 2. To assist the Planning Division in preparing a general development plan under the Depot Square Project Manager, or to provide the Planning Division with a recommended ranking of firms which submit a design proposal for a general development plan. 3. To have monthly consultations through the Planning Division with the architect contracted by the City to do a proposed general development plan and design plans for the Route Building. 4. To have a work session with the Depot Square project managerprior to the beginning of schematic design plans and design development plans. Moved by Alderman McAlister that the Depot Square Steering Committee Role be accepted. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Thomas, Adcock, and Alderwoman Russell Nays : Alderman Smith (Alderman Bassett was out of the room) . Item 16a Permission was requested to advertise for bids for construction of the farmers ' market. Moved by Alderman McAlister that authority be granted to advertise for bids, as requested. 14 Item 16a, cont'd. Motion seconded by Alderman Adcock, and carried unanimously. /I tem 14d A proposed ordinance was presented establishing civil service positions in the Fire Department. ✓ORDINANCE NO. 3366 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TO INCREASE THE NUMBER OF FIRE CAPTAINS BY ONE AND TO DECREASE THE NUMBER OF FIRE LIEUTENANTS BY ONE. Moved by Alderman McAlister that Ordinance No. 3366 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, and Adcock Nays: None (Alderwoman Russell was out of the room) . JItem 15c Green fees at the golf course were discussed. Mayor Hill mentioned the lake and condition of the greens, etc. He was totally opposed to increasing the fees unless we can see some improvements in the service. v RESOLUTION NO. 2212 RESOLUTION ESTABLISHING GREEN FEES AND FEES FOR ANNUAL PERMITS FOR WEEKS PARK GOLF COURSE, EFFECTIVE OCTOBER 1 , 1978. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following schedule of fees is hereby established for Weeks Park Golf Course, effective October 1 , 1978: Green fee, weekday, adult . . . . . . . . . . . . . . . . . . . $ 3.00 Green fee, weekday, senior (65 and over) . . . . . . . . . . . . . . $ 2.50 Green fee, weekday before 11 :00 A.M. , junior (18 and under) . . . . . . $ 2.00 Late fee, weekday after 4:00 P.M. . . . . . . . . . . . . . . . . . . . $ 2.50 Green fee, Saturday, Sunday and holidays. . . . . . . . . . . . . . . . $ 4.00 Late fee, Saturday, Sunday and holidays after 4:00 P.M. . . . . . . . . $ 2.50 Annual permit, adult. . . . . . . . . . . . . . . . . . . . . . . . $200.00 Annual permit, family (husband, wife and children under 19) . . . . . . $285.00 Annual permit, senior (65 and over) . . . . . . . . . . . . . . . . . . $120.00 Annual permit, junior (18 and under). . . . . . . . . . . . . . . . . . $120.00 SECTION 2. Resolution No. 2016 is hereby repealed. Moved by Alderman McAlister that Resolution No. 2212 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: Mayor Hill ' Atem 15d A proposed resolution was presented increasing tennis fees. RESOLUTION NO. 2213 RESOLUTION ESTABLISHING COURT FEES FOR HAMILTON PARK TENNIS CENTER AND WEEKS PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . The following schedule for court fees is hereby established for Hamilton Park Tennis Center and Weeks Park Tennis Center, effective October 1 , 1978: 15 Item 15d, cont'd. Court Fees , Weekday $ 1 .25 per person for 12 hrs. Court Fees, Saturday, Sunday and Holidays $ 1 .50 per person for 12 hrs. Evening Fees (Beginning at 8:00 P.M. March $ 1 .50 per person for 11-2 hrs. through October, and 6:30P.M. November through February j Annual Permit, Adult $ 65.00 1 Annual Permit, Family (Husband, Wife and $100.00 Children Under 19) Annual Permit, Junior (18 and Under) $ 35.00 League Fees $ 1 .00 per person league fee plus a court fee for each day of league play. Tournament Fees $ 1 .00 per person per tournament (The only tournaments exempted from this fee are the M.S.U. Fall Tournament, Wichita Falls Junior and Senior High School Tournaments and the Southwest Junior and Senior Tournaments) . SECTION 2. All resolutions in conflict with this resolution are hereby repealed insofar as they conflict. Moved by Alderman McAlister that Resolution No. 2213 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: Alderman McAlister •'Item 15e Proposed resolutions were presented authorizing the City Manager to execute rental car leases at Municipal Airport. /RESOLUTION NO. 2214 RESOLUTION APPROVING RENTAL CAR LEASE AGREEMENT AT MUNICIPAL AIRPORT WITH JOE M. MAYO, D/D/A BUDGET RENT-A-CAR OF WICHITA FALLS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain rental car lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and Joe M. Mayo, d/b/a Budget Rent-A-Car of Wichita Falls, under which Mayo shall operate a rental car concession 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 McAlister that Resolution No. 2214 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None RESOLUTION NO. 2215 RESOLUTION APPROVING RENTAL CAR LEASE AGREEMENT AT MUNICIPAL AIRPORT WITH WILLIAM HURLEY (NATIONAL LICENSEE) . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain rental car lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and William Hurley (National licensee) , under which Hurley shall operate a rental car concession 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 McAlister that Resolution NO. 2215 be passed. Motion seconded by Alderman Thomas , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None 16 Item 15e, cont'd. / RESOLUTION NO. 2216 RESOLUTION APPROVING RENTAL CAR LEASE AGREEMENT AT MUNICIPAL AIRPORT WITH W.B. OWEN (AVIS LICENSEE) . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain rental car lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and W. B. Owen (Avis licensee) , under which Owen shall operate a rental car concession 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 McAlister that Resolution No. 2216 be passed. Motion seconded by Alderman Thomas , and carried by the following vote: 4 Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None RESOLUTION NO. 2217 RESOLUTION APPROVING RENTAL CAR LEASE AGREEMENT AT MUNICIPAL AIRPORT WITH ROBERT M. MOORE (HERTZ LICENSEE) . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain rental car lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and Robert M. Moore (Hertz licensee) , under which Moore shall operate a rental car concession 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 McAlister that Resolution No. 2217 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None ' Item 15f A proposed resolution was presented extending funding support agreement with Wichita General Hospital for one year. JRESOLUTION NO. 2218 RESOLUTION EXTENDING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND WICHITA COUNTY - CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD RELATIVE TO OPERATION OF WICHITA GENERAL HOSPITAL. WHEREAS, heretofore the City of Wichita Falls and the Wichita County-City of Wichita Falls , Texas Hospital Board entered into a contract dated November 7 , 1967, whereby the Hospital Board agreed to operate and maintain the Wichita General Hospital for the use and benefit of the public , and to provide for the care and treatment of indigent or needy patients residing in the City, and the City agreed to pay the hospital board the T annual sum of $80,000.00 annually in monthly installments of $6,666.67 on or before the first day of each month of each year during the term of such contract. The term of the contract was for a period of ten years , from December 1 , 1967 , to December 1 , 1977; and , WHEREAS, by Ordinance No. 3325, dated June 6, 1978, the Board of Aldermen approved the extension of such contract for the period from December 1 , 1977 through September 30, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The further extension of such contract dated November 7 , 1967 , between the City and the Hospital Board, for the period approved , and the City Manager is authorized to execute any instrument which is necessary or proper to effectuate such extension. N 17 Item 15f, cont'd. Moved by Alderman McAlister that Resolution No. 2218 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None ' Item 15g A proposed resolution was presented approving changes in lease with Community Action Corporation for Martin Luther King Multi-Purpose Center space. !'RESOLUTION NO. 2219 i RESOLUTION APPROVING CHANGES IN LEASES OF AREAS IN THE MARTIN LUTHER KING MULTI-PURPOSE CENTER TO COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA. WHEREAS, by Resolution No. 2156, the Board of Aldermen of the City of Wichita Falls approved leases of areas in The Martin Luther King Multi-Purpose Center, including two leases to Community Action Corporation of Wichita Falls and North Texas Area; and, WHEREAS, Community Action Corporation has requested that certain changes be made in the leases which were approved by the Board of Aldermen, and these changes are acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those two leases . copies of which are attached hereto, in which the City leases to the Community Action Corporation of Wichita Falls and North Texas Area 181 square feet of floor space and 4.021 square feet of floor space in The Martin Luther King Multi-Purpose Center are hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls , instead of the two corresponding leases which were approved in Resolution No. 2156. Moved by Alderman Adcock that Resolution No. 2219 be passed. Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen Smith and Adcock, and Alderwoman Russell Nays: Aldermen McAlister, Bassett, and Thomas " Item 16b Permission was requested to advertise for bids for traffic signal equipment for the budget year 1978-79. Lag time in acquiring this equipment is the basis for the request at this time. Moved by Alderman McAlister that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Adcock, and carried unanimously. ,,/ tem 17c The Board of Health requested that Dr. Cox be retained in an advisory capacity for a period of time after Dr. Lannie Benson takes over as Director of the Health Unit on September 18. The City Manager suggested a period of 60 days, and that he be paid $25 per hour for such advisory services. Moved by Alderman McAlister that Dr. Cox be retained in an advisory capacity for 60 days, with payment as recommended. Motion seconded by Alderman Thomas, and carried unanimously. Items l7e & f The Board of Aldermen recessed to meet as a committee of the whole to consider taxpayers petition. The public hearing was opened. City Attorney H. P. Hodge explained the alternatives. 18 Items 17e & f, cont-d. Ken Hanes stated that H. P. Hodge has drawn up a substitute ordinance, and if it 'his adopted it will satisfy his committee. No one else desired to be heard. Moved by Alderman Thomas that the committee of the whole recommend the substitute ordinance to the Council . Motion seconded by Alderman McAlister, and carried unanimously. The Committee adjourned , and the Board of Aldermen reconvened. ✓ORDINANCE NO. 3367 ORDINANCE ESTABLISHING THE RATIO OF ASSESSED VALUES TO ACTUAL VALUES OF PROPERTY FOR AD VALOREM TAX PURPOSES, AND ESTABLISHING REAPPRAISALS OF REAL PROPERTY ON A THREE YEAR CYCLE. Moved by Alderman Thomas that Ordinance No. 3367 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None iItem 17d Returns of the election held August 12, 1978, were canvassed. ,, RESOLUTION NO. 2220 RESOLUTION CANVASSING RETURNS OF THE SPECIAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS, ON AUGUST 12, 1978. WHEREAS, at a regular meeting of the Board of Aldermen of the City of Wichita Falls, Texas on the 5th day of September, 1978 came on to be considered the returns of the special election held on the 12th day of August, 1978; and, WHEREAS, after canvassing the returns of said election, it was found to be dully and legally held in all respects, and that 17,969 voters voted in said election; and that the following numbers of votes were cast for and against each proposition. Ordinance No. 3305 granting to Vista Cablevision, Inc. , the right to construct and operate a cable television system within the City. For 11 ,658 votes Against 6,148 votes Resolution No. 2123 awarding a contract to C & R Construction Company for demolition and site preparation, Phase 1 of the Farmers Market. For 10,435 votes Against 7,215 votes The proposed minimum salary of $1 ,250.00 per month for policemen. For 12,118 votes " Against 5,728 votes NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said election was in all respects legally held in accordance with the laws of the State of Texas and the charter and ordinances of the City of Wichita Falls; that Ordinance No. 3305 was approved ; that Resolution No. 2123 was approved; that the proposed minimum salary of $1 ,250.00 per month for policemen was approved. Moved by Alderman Thomas that Resolution No. 2220 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : hone r 19 Item 17g Alderwoman Russell presented some considerations for a model police department. In the recent election the citizens mandated upgraded police service. Why continue the police school ? Why feel compelled to find 15 recruits who are probationary in nature? Why not hire experienced personnel ? Why retain qualifications at the high school or G.E.D. level . A BA degree should be required. Why should it take a full year before the force is up to its full strength? Fifty to 60 days should be enough. Why hire new people at lower levels? Why not sergeants, captains, etc. ? She feels it is their responsibility to staff the police department with qualified, experienced personnel . Alderwoman Russell explained that she had heard a remark on why should the police department be different. If they were upgraded to a BA degree they would be special . All departments are essential and salaries are needing to be upgraded. She inquired of the City Attorney what the Charter says about salaries. Mr. Hodge read Section 58. They City Manager and City Attorney noted that the law prohibits the Board of Aldermen from bargaining with employees. I j The Board of Aldermen adjourned at 5:45 P.M. PASSED AND APPROVED this day o 1978. I MAYOR i ATTEST: i CITY CLERK I y r�,. i THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA RENTAL CAR LEASE AGREEMENT THIS AGREEMENT entered into this 1s4- day of July, 1973 , by and between the City of Wichita Falls , Texas , hereinafter called City or Lessor, and Joe M. Mayo, d/b/a. Budget Rent-A-Car of Wichita Falls, , hereinafter called Lessee. W I T N E S S E T H WHEREAS, Lessor is the operator of an Airport located in Wichita Falls , Wichita County, Texas, known as the 'viichito Falls Municipal Airport; hereinafter called Airport; and, WHEREAS, passenger automobile rental services at the Airport are essential for proper accom ,odation of passengers arriving and departing from said Airport; and, WHEREAS, the City desires to make said services available at the Airport; and , WHEREAS, Lessee is desirous of operating a rental car concession at the Airport; and, in connection therewith , proposes to furnish clean, late model cars to be kept at the Airport for the use of airline passengers and others. NOW, THEREFORE , in consideration of njutual covenants , promises , and agreements herein contained, the said parties hereby conversant, Promise and agree with each other as follows : ARTICLE i . Premises I . Lessor does hereby grant to Lessee a non-exclusive rental car concession, along with others , at the airport and does demise and lease to Lessee the space in the Terminal Building at the Airport outlined in red on the plat attached hereto and designated as Exhibit "A The parties covenant and agree that the City, at its sole expense , after giving sixty ti.. (60) days notice in writing, may relocate the Lessee' s premises in the in the Terminal [dui1ding if, in Lhu opinion of the Airport Manager, overall r. 1 service to the public shall be improved by such relocation. 2. Lessor leases to Lessee two ready car parking spaces , which shall be used by Lessee for the parking of cars which are ready for delivery to its car rental patrons . Lessee shall provide markers for these ready car parking spaces. The Airport Manager will assign these spaces to Lessee. 3. Lessor leases 'to Lessee certain rental car storage spaces in the storage area at the Ajrport. ' There are forty (40) storage spaces located north of the terminal parking area. Ten storage spaces are allocated to a i Lessee. The assigned location will be decided by the four Lessees concerned, through mutual agreement. 4. The location of the ready car parking spaces and the rental car storage-spaces-are-shown on Exhibit "B 5. Included in the rights granted is that of arranging at the Air port for reservation services for outgoing passengers using the airport for use of such passengers in making reservations at a destination where automobile rental service is furnished by Lessee or members of the system to which Lessee belongs . ARTICLE II . Term Subject to earlier termination as hereinafter provided, the term of this agreement shall be for a period of five (3) years , commencing on the first day of July, 1978, and terminating on the 30th day of June , 1983. ARTICLE III . Surrender of Possession No notice to cease operations or to quit possession of the leased premises atthe expiration date of the Term of this Agreement shall be neces- sary. Lessee 'convenants and agrees that at the expiration date of the Term of this Agreement, or at the earlier termination thereof, it gill peacefully surrender possession Of the Leased premises and any improvements thereon, in good condition, reasonable wear and tear, acts of God, and other casualties !'.' excepted, and the City shall have the right to take possession of the Leased Premises with or without due process of law. i f•' I Y ARTICLE IV. ;rental 1 . Lessee agrees to pay an annual concession fee for the rights and privileges herein granted by the City, as follows : A minimum concession fee of $400 . 00 per month for the first year of the lease; for each of the remaining years such minimum concession fee shall be adjusted in proportion to the increase or decrease- in the combined gross revenues of all a Airport rental car concessions over the preceding twelve (12) month period, provided that such increase or decrease shall not exceed ten percent (10%) ; or, ten percent (10%) of the Lessee ' s annual gross revenues as herein defined, whichever is greater. 2. Lessee shall submit by the twentieth (20th) day following each month of operation hereunder, an accurate statement of the Gross Revenues for the preceding month and simultaneously therewith shall pay the City the greater of 1 ) Ten Percent of the Gross Revenues 2) 1/12th of the then applicable Minimum Annual Concession Fee. The aforementioned statement of Gross Revenues shall be certified by a responsible officer of the Lessee. 3. Within sixty (60) days after the close of each contract year hereunder, Lessee shall furnish to City a sworn statement, certified by an independent Certified Public Accountant who shall not be a member of Lessee ' s firm or staff, showing the total of Gross Revenue at the Airport for said contract year. If the aggregate payments made for any contract year hereunder shall exceed the greater of 1 ) the Minimum Annual Concession Fee, or 2) ten percent (10%) of said Gross Revenues during such contract year, the excess balance shall be credited to Lessee' s account and applied against one or more of the next succeeding monthly payments during the next ensuing contract year, if there is one , as City may elect. The City shall repay such excess Conces- sion Fee payments in cash to the Lessee if this Agreement shall be terminated. 4. Definition Of Gross Revenue: "Gross Revenue" as used herein, shall mean all time 'and mileage charges dine and payable to the Lessee from the operation of its automobile rental service at the Airport, but shall not include sums recovered from insurance or otherwise for dama e to automobiles or other property, nor any amounts paid by customers to Lessee any separately -3- billed as additional charges . for waiver by Lessee of its rights to recover damages from its customers for damages to or destructio n of the vehicle rented, nor any tax levied by any co,;;petent governmental is separately stated and collected from Lessee' s authority which , _ e s customers, Except as othenjise provided herein, Gross Revenues shall include all time and mileage , charges due and payable to the Lessee on all vehicles wh ich are rented at or taken by a customer from the Airport regardless of what section or estab- lishment of Lessee may receive the automobile or the rent of the automobile by the customer in therefor upon return i c+ uding v�h7cles taken by a customer in exchange for a vehicle originally rented at or taken b f Airport. y customer , rom the 5• It is understood that Lessee may possess a U-Driv to operate from other locations wit e-It franchise her, the City and that revenues from such operation are excluded from Lessee 's Gross Revenues . :t shall be expressly understood, however, that revenues derived fro,,ii the rental of ar taken from the Airport and delivered to a customer y veni c,e �r of. the Airport shall be included in Lessee' s Gross Revenues , regardless of the location at which vehicle is delivered if the rental contract is consumllated rpor such the Airport. 6, The Lessee shall have the right to conduct part of its operation on a credit basis ; provided, however, the risk of such operatio,, shall be borne solely by the Lessee ; and the Lessee shall report all income both and credit, in its monthly statements of Gross Revenue. Credit � cash g Lessee's customers for such things as out-of-pocket u to purchase for gas , oil , or emergency services , and deposits regardless of'where made, shall be included in computing Gross Revenues. 7, The term "Gross Revenues" , as used herein, shall also l e 1nc, udL , i,, addition to the above, amounts which would be due to the L � �, ' ! Lessee on the basis Of furnishing an automobile to the user complete with motor fuel -` primary liability insurance coverage, and other ite„ls norr,ar customarily supplied by other automobile rental agencies at the Airport. $• Any moneys recovered from insurance companies by Lessee ssee , or damage to Lessee's property, or Burns recovered through insurance o for damage to vehicles , shall be excluded from Gross Revenues. r ral , stae County, and municipal sales taxes or other similar e Federal , State, .1 , collected from. customers now or hereafter levied separately stated and evied or i i excluded from "Gross Revenues,,. No deductions �"r�0��-� shall likewise be shall be allowed from "Gross -4- Revenues" for the payment q,f State franchise taxes or taxes levied on concession activities, facilities, equipAlent or real or personal property of Lessee nor for the payment of such City ad valorem taxes and license fees as required by the operation of a Rental Car franchise at a Location other: than the Airport. The Lessee may grant local or national discounts to customers . ► 9. Tn addition to, the annual con,cessi.on fee , Lessee shall pay City for rental. of its car storage spaces at the rate of $4 . 00 per space per month and its ready car spaces at the rate of $5. 00 per space per month, which shall be paid monthly by the 20th day following each month of the lease," ARTICLE V_ Records 1 . Lessee shall at all times during the term hereof keep true , accurate, complete and auditable records , books and accounts , in a form satisfactory to the City, of all business conducted by it at the Airport, and Lessee further agrees that the City shall have the right, through its duly authorized agents or representatives , to examine and audit all Derti- nent books , accounts and records at any and all reasonable times for the purpose of determining the accuracy of the reports required to be made by the Lessee under the provisions of this Agreement. All airport rental con- tracts shall be executed on appropriately marked and numerically sequenced forms of Lessee. 2. Articles or services furnished to any person in payment of ex- change for value received from such other person , shall be deemed to be a cash sale at market value within the meaning of this Article. The making of any willfully false reports on revenue by Lessee shall be grounds for the immediate cancellation and termination of this Agreement at the option of the City. ARTICLE VI . Taxes , Fees , Licenses Lessee covenants and agrees to pay promptly all lawful general taxes , special assessments , excises , license fees , permit fees , and utility service charges of whatever nature, applicable to its operation at the Air- port and to take out and keep current all licenses , municipal , state or federal , required for the conduct of its business at and upon the Airport, and further covenants and agrees not to permit any of said taxes , assess- ments , excises , fees or charges to become delinquent. ARTICLE VII. Late Rental Penalty All unpaid rent and fee money due the City hereunder shall bear a service charge of one and one-half percent (12%) per month if same is not paid and received by the City within ten (10) days after its due date, and Lessee agrees that it shall pay and discharge all costs and expenses includ- ing attorney's fees incurred or expended by the City in collection of said delinquent amounts due. ARTICLE VIII. Performance Bond Lessee agrees to furnish a bond to the City in the principle amount of Two Thousand Dollars ($2,000.00) . Such bond shall guarantee the payment of the concession fee, rent and Lessee's other obligations to pay as provided herein. The bond shall be in a form agreeable to the City and shall be kept in full force and effect during the term hereof. ARTICLE IX Exclusive Rights 1 . ' It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right, except that Lessee has the exclusive right to use the premises leased herein. 2. City further agrees that during the life of this Agreement it will not execute a similar Agreement for like services and facilities with any other company or organization on terms more advantageous than those accorded to Lessee. This covenant not to grant more favorable terms to others is hereby acknowledged by the City and Lessee to be limited to 1 ) the percentage of gross revenues to be paid as a concession fee, 2) the minimum annual concession fee established by this Agreement, and 3) the number and size of counter areas in the Terminal Building. ARTICLE X. Minimum Standards 1 . Lessee covenants and agrees it shall be open for and shall conduct busi—ness and furnish services at the Airport during the hours of regularly -6- scheduled air service to the Airport or at such lesser times that Lessee and the Airport Manager shall mutually agree upon as being sufficient to properly serve the needs of the public. 21. Lessee shall furnish high quality, prompt and efficient ser- vice hereunder adequate to meet all reasonable demands therefor at the Air- port; shall furnish said services on a fair, equal and non-discriminatory basis to all categories of qualified users thereof; and shall charge fair, reasonable and non-discriminatory prices charged by concessionaires at airports of comparable passenger enplanements . 3. Lessee shall prepare a schedule of prices and rates. Such schedules shall be filed in the office of the Airport Manager and printed copies of such schedule. shall be available at the Airport at all times for the use of Lessee's customers. 4. Lessee shall provide and maintain the rental automobiles made available hereunder at its sole expense, in good operative order, free from known mechanical defects , and in a clean, neat and attractive condition inside and outside. 5. Lessee shall base at the Airport only new or late model auto- mobiles in such number as, is required by the demand for same. 6. A copy of the rentz,l agreement form covering the use of Lessee' s automobiles rented at or delivered to the Airport shall at all times be kept on file in the office of the Airport Manager. 7. Lessee covenants. that it shall take all reasonable measures in every proper manner to maintain , develop and increase the business conducted by it hereunder, the Lessee shall not divert or cause or allow any business to be diverted from the Airport. Any action taken by Lessee to induce its patrons to rent or receive vehicles in such a manner and at such places so as to diminish the Gross Revenue of the Lessee under this Agreement shall constitute a material breach hereof and a cause for the termination of this Agreement by the City. ` 8. Lessee' s personnel performing services hereunder shall be dis- tinctively unifo need, neat, clean and courteous. The Lessee's oral solicita- tion of business at the Airport shall be confined to its leased area and Lessee shall prohibit and restrain its agents , servants and emiployees from loud, noisy, boisterous or otherwise objectionable Promotion of the services offered, and upon objection from the Airport Manager concerning the conduct -7- or appearance of any such persons , shall immediately take all steps necessary to remove the cause of the objection. 9. Lessee shall not commit any nuisance on the Leased Premises or Airport nor do or permit to be done anything which may result in the creation or commission of a nuisance thereon ; nor install , maintain or operate or permit the installation, maintenance or operation on the Leased Premises of any vending machine or devices to dispense any products whatso- ever without the written permission of Lhe Airport Manager. ARTICLE XI . Maintenance and Improveijents 1 . Lessee shall make no material removals , additions or alterations to its Terminal Building leased premises without the prior .written approval . of the Airport Manager. Lessee shall maintain in good repair and in neat and clean condition all improvements , construction or furniture , furnish- ings or equipment placed on such premises . Lessee shall be responsible for the care of the area designated for its use and shall permit no damage to existing improvements. No spikes , hooks, nails, or any other devices shall be driven or screwed into the walls , woodwork or other surfaces of the Terminal Building leased premises. 2. Lessee agrees , at its own expense, to maintain the Terminal Build- ing leased premises in a neat and orderly condition , free from all danger of fire and personal injury and to refrain from doing anything to destroy or damage the Terminal Building leased premises. 3. No sign or advertisement of the Lessee or others shall be affixed, kept.-or distributed on any part of the Terminal Building leased premises except only if such color, size, wording,. style and material and method of attachment shall be first approved in writing by the Airport Manager. The City reserves the right to. remove, without notice to Lessee and at the expense of Lessee , all. signs or advertisements not having prior approval in writing. All signs shall be in goo d ,taste and shall be for the purpose of either iden- tifying the premises as being those of the Lessee or providing directions for Lessee' s patrons. No advertisements or rate schedules of the Lessee shall be posted to public view on the Terminal Building leased premises , except that this prohibition shall not prevent the Lessee from displaying for distribution its pocket-sized printed brochures of rate schedules for distribution to the -8- public. At the expiration of this Agreement, the Lessee shall remove all its signs or advertisements and restore all points of attachment to conform to the appearance and condition of the surrounding surfaces. ARTICLE XII . Heatin , Air Cnnclitin,'"ing and Janitorial Services 1 . City shall furnish heating and air-conditioning to the Terminal Building Teased premises in such degree as it is furnished to other tenants in the Terminal Building, 'provided that the City shall not be liable for any failure to supply the same when such failure is not due to negligence on its part. General area light will be furnished by the City through the fixtures installed for the general l,ighti,ng of the area of the Terminal 3uildin 9 leased premises. 2. City shall provide-janitor service for the leased premises in the Terminal Building and shall provide for removal of trash and wili keep such area clean, neat and attractive. ARTICLE XIII . Indemnification Lessee shall be solely responsible for the conduct of its operators , agents , employees and representatives , and agrees to inderTrnify, defend, hold and save the City, its authorized agents , officers , representatives and em- ployees , harmless from each and every claim and demand of whatever nature, anr+ against any and all penalties , liability and annoyance or loss , resulting from claims or court action of any nature claimed to have arisen direct, or I i;,u;rectly out of acts of Lessee � �_ y or its agents , s�rvarr s or employees under ' this Agreement or by reason of any act, omission or conduct of such er p son. ARTICLE XIV. InsCe 1 . Lessee agrees to maintain throughout the Terrn' of this Agreement the following motor vehicle liability insurance: Bodily Injury100 ,000 each person $300,000 each accident Property Damage $ 25 ,000 each accident 2. Lessee shall provide such insurance at its own expense and su c h insurance shall be placed with a cor,pany authorized to do business in the I Ins 4. state of Texas . Such policies of insurance shall protect City and Lessee against any and all liability for death, injury, loss or damage against Which Lessee has elsewhere in this agreement undertaken to save and hold the City and its authori zed .agents , officers, representatives and employees harmless from and against any and all penalties, liability and annoyance and loss resulting from claims or court action of any nature and arising directly or indirectly out of the acts of Lessee, its agents , servants guests , employees , business visitors or others under this agreement or by t result of any act or omission of such persons. 3. The amounts of such insurance, as specified above shall not be deemed a limitation of Lessee' s agreement to save and hold the City harm- less and if Lessee becomes liable for an amount in excess of the insurance, Lessee will save and hold the City harmless as the holder thereof. Copies Of all such policies of insurance shall be delivered to City. ARTICLE XV. City Acent City hereby designates its Airport Manager, as well as its City Manager and such official as he may designate, as its official representa- tive, with the full power to represent City in all dealings with Lessee in connection with the premises herein leased. ARTICLE XVI . Compliance with Rules & Regulations Lessee shall , at its own expense and cost, ccr,ply with all Federal , State and local laws , rules , regulations or ordinances , now or hereafter in effect, which are applicable to its operation at the Airport. Lessee recog- nizes that the Airport Manager is the representative of the City, and agrees to cooperate fully with such official to promote the efficient en conduct of operations at the Airport. ARTICLE XVII. Inspection City reserves the, right to enter upon' the leased premises at any reasonable time for the purpose of making any inspection of the physical ,`. premises it may deem expedient to the proper enforcement of any of the covenants or conditions of this Agreement. I' I „I , � , �� ti IC�t XV1ii . �• As S gnlnen t Lessee shall not or n assi 9 transfer this Ggreemen� nor any priv- ileges hereunder and shall not assign or sublet or mortgage all or any part „ of the premises leased hereby, whether voluntarily or involuntarily, with- t o f the City. If Lessee without out the prior written consen securing prior written approval of the City, atter, pts to effect such a transfer, assignment, sublease or mortgage, or if a transfer occurs by operation of law, City may terminate this agreement upon written notice to Lessee.e if ► control of Lessee's business or .corporation is transferred to other parties by virtue of the sale of stock, without the prior written consent of Cit Y, this shall be considered an assignment of the lease, and City may terminate this agreement upon-written notice to Lessee. ARTICLE XIX. Suspension/Termination 1 . Lessee understands and agrees that all rights , privileges and interests acquired herein, follol,iing written notice of sixty (60) days , may be altered or finally terminated upon payment of just compensation to Lessee, if such suspension or termination is found by City, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport. 2. Should Lessee fail to pay the rent due hereunder within fifteen (15) days after same shall become due, or permit any insurance coverage required under this agreement to lapse , City shall rave the option, without any legal proceedings or notice, to declare this lease terminated, cancel the same and re-enter and take possession of the premises , and in such event, Lessee agrees to deliver possession of the sane peaceably and relinquish all rights incident thereto. 3. City shall have the right, but not the obligation , to terminate this Agreement in its entirety ii ediately upon the happening of any of the following events : a• Filing of a petition , voluntarily or involuntarily, for "r adjudication of Lessee as a bankrupt. b• The making by Lessee of any general assignment for the benefit of creditors. , ; I The failure b y Lessee to perform, keep and observe any ` and all of the terms , covenants , and conditions herein contained on the part of the Lessee to be perfo.;iied, kept, or observed after the expiration of fifteen (15) days from the date written notice has been given to Lessee by City to correct such default or breach (except, however, failure of Lessee to provide insurance as re- quired herein will give City the right to terminate. this lease immediately without the necssit of .r e Y giving Lessee 15 days written notice) 4. City may terminate this lease by written notice to Lessee in the event of the assumption by the United States Government or any author- ized agency-thereof -of the-operation, control or use of said Municipal Air- port, Civil Terminal Building and facilities or any substantial part or parts thereof in such manner as to prevent the City, for a period of at ;east ninety y. (90) days , from performance of its obligations under the terms , covenants and conditions hereof to be performed, kept and observed by City. 5. No waiver by City at any time of any of the terms , conditions , or covenants of this Agreement shall be deemed or taken as a waiver at any time thereafter of the same, or of any other terms, conditions , or covenants herein contained, nor of the strict and prompt performance thereof by Lessee. 6. In the event that the United States Government or any of its agencies shall occupy the airport or any substantial part thereof to such an extent as to materially interefere with Lessee' s operation , or in the event of destruction by fire or other cause of all or a material portion of the airport or airport facilities , or if Lessee's operations shall for any reason , similar Or dissimilar, be materially interfered with for a period in excess of ninety (90) days , or in the event of any national emergency wherein there is a cur- tailment, either by executive decree or legislative action , of the use of motor vehicles, or airplanes by the general public, Or a limitation of the supply of gasoline available for general use, then , and in any of those events, Lessee shall have the right upon written notice to Lessor to terminate this agreement and Lessee' s further obligations hereunder, or at its option , to suspend this agreement for the periods of such disability. ;; -12- 1f 1 � C , 7. Also , should Lessee ,use his present franchise to operate a Car Rental Service , or should his license or privilege of operating a rental car service in the City of Wichita Falls be cancelled by the City , then Lessee may, at its option , terminate this agreement as of the last day of the month in which such occurs . ARTICLE XX. Untenantable Premises Lessee shall , in case of fire or other casualty, give immediate notice in writing to City, who shall thereupon cause the damage to be re- paired forthwith, provided materials, supplies and labor are reasonably available; if any portion of the premises is rendered unfit for occupancy, the rent shall be apportioned for the period of time required to make the repairs , according to the part of the, pVemises , if any, which regains usable by Lessee. If the entire building shall be destroyed, then within thirty (30) days after the fire or other casualty either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except that the rent shall be apportioned as of the date of the fire or other casualty. - ARTICLE XXI . Nctification Notice to City as herein provided shall be sufficient if written notica is served in person or otherwise sent by certified mail to the Airport Manager, Wichita Falls Municipal Airport, Route 4, 3ox 8 , Wichita Falls , Tenas 76301 , or to Lessee if written notice is served in person to Joe M. Mayo or otherwise sent by certified mail to Lessee at 315 Central Freeway East, Wichita Falls, Texas 76301 or at such other places as the parties may designate in writing. ARTICLE XXII. Invalid Provision r , It is further expressly understood and agreed by and bet%geen the parties hereto that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction , the { invalidity of any such covenant, condition or provi$ion 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 shall not be construed so as to materially prejudice either City or the Lessee in their respective rights and obligations contained in the valid cove- nants , conditions or provisions in this agreement. ARTICLE XXIII . Headings The article and paragraph headings are inserted only as a matter of convenience and for reference and in no way define , limit or describe the scope or intent of any provisions of this lease. ARTICLE XXIV. The counter at the leased space in the Terminal Building belongs to Lessee. Notwithstanding the provisions of Article III above , at the termination of this lease , title to such counter shall remain in Lessee, who may remove same, but Lessee shall restore such leased space to the same condition that it was in at the beginning of this lease. IN WITNESS WHEREOF , the parties have caused this agreement to be executed as of the day and year first above writ- ten. CITY OF WICHITA FALLS BY: Gerald G. Fox, City Manager ATTEST : Wilma J. Thomas, City Clerk APPROVED AS TO FORM: H. P . Hodge, Jr. , City Attorney Joe M. Mavo - 14 - tz�i, I I knr� I � I � iSCULLEHY� ' 1 i -TJ A --7---i v' • ,� I rT,d„m I 1I— F I II 1� 5T011ACE c ., OFFICE 1 OFFICE n N t !� I •` OFFICE CFrICF `~ I S Rental Car # Ready Spaces I , 40 Rental Car Storage Spaces Y> el 'IQo � i r� A F� • k l� -_ 9de 34W 1744.9 M h aI �a 100 }y. AIAPORT 1)PoVC 1 , 9 S' S EnktIlilT I, , r , THE STATE OF TEXAS KNOT! ALL MEN BY THESE PRESENTS: ' COUNTY OF WICHITA RENTAL CAR LEASE AGREEMENT THIS AGREEMENT entered into this lst day of July, 197a, by and between the City of Wichita Fails , Texas , hereinafter called „ City or Lessor, and William Hurley (National licensee) hereinafter called Lessee. 'vJ I TN7SS ETH , WHEREAS, Lessor is the operator of an Airport located in Wichita Fails , Wichita County, Texas, known as the rJichita Fails Municipal Airport; hereinafter called Airport; and, WHEREAS, passenger automobile rental services at the Airport are essential for proper accommodation of passengers arriving and departing from said Airport; and, WHEREAS, the City desires to make said services available at the Airport; and, WHEREAS, Lessee is desirous of operating a rental car concession at the Airport;. and, in connection therewith , proposes to furnish clean, late model cars to be kept at the Airport for the use of airline passengers and others. NOW, THEREFORE, in consideration of mutual covenants , promises , and agreements herein contained, the said parties hereby convenant, promise and agree with each other as follows : ARTICLE I . Premises 1 . Lessor does hereby grant to Lessee a non-exclusive rental car concession, along with others , at the airport and does demise and lease f to Lessee the space in the Terminal Building at the Airport outlined in red on the plat attached hereto and designated as Exhibit "A" . The parties covenant and agree that the City, at its sole expense , after giving sixty (60) days notice in writing, may relocate the Lessee' s premises in the in the Terminal building if, in t:"� opinion of the Airport Manager, overall service to the public shall be improved by such relocation. 2. Lessor leases to Lessee two ready car parking spaces , which shall be used by Lessee for the parking of cars which are ready for delivery to its car rental patrons . Lessee shall. provide markers for these ready car i parking spaces. The Airport Manager will assign these spaces to Lessee. 3. Lessor leases to Lessee certain rental car storage spaces in the storage area at the Airport. ' There are forty (40) storage spaces located north of the terminal parking area. Ten storage spaces are allocated to a Lessee. The assigned location will be decided by the four Lessees concerned, through mutual agreement. 4. The location of the ready car parking spaces and the rental car storage-spaces -are-shown on Exhibit "B". 5. Included in the rights granted is that of arranging at the Air- port for reservation services for outgoing passengers using the airport for use of such passengers in making reservations at a destination where auto,-,obile rental service is furnished by Lessee or members of the syster� to i•rhich Lessee belongs. ARTICLE 11. Term Subject to earlier termination as hereinafter provided, the term of this agreement shall be for a period of five- ( .5) years , commencing on the first day of July, 1978,. and terminating on the 30th day of June , 1983. ARTICLE III . Surrender of Possession No notice to cease operations or to quit possession of the leased premises at the expiration date of the Term of this Agreement shall be neces- sary. Lessee convenants and agrees that at the expiration date of the Term of this Agreement, or at the earlier termination thereof, it will peacefully surrender possession of the Leased Premises and any improvements thereon, in good condition, reasonable wear and tear, acts of God, and other casualties excepted, and the City shall have the right to take possession of the Leased Premises with or without due process of law. -2- r ARTICLE TV. }dental 1. Lessee agrees to pay an annual concession fee for the rights and privileges herein granted by the, City, . as follows : A minimum concession fee of $400. 00 per month for the first year of the lease; for each of the remaining years such minimum concession fee shall be adjusted in proportion to the increase or decrease in the combined gross revenues of all Airport rental car concessions over the preceding twelve (12) month period, provided that such increase or decrease shall not exceed ten percent (10%) ; or, ten percent (10%) of the Lessee ' s annual gross revenues as herein defined, whichever is greater. 2. Lessee shall submit by the twentieth (20th) day following each month of operation hereunder, an accurate statement: of the Gross Revenues for the preceding month and simultaneously therewith shall pay the City the greater of 1 ) Ten Percent of the Gross Revenues 2) 1/12th of the then applicable Minimum Annual Concession Fee. The afore,ientionad state,,ent of Gross Revenues shall be certified by a responsible officer of the Lessee. 3. Within sixty (60) days after the close of each contract year hereunder, Lessee shall furnish to City a sworn statement, certified by an independent Certified Public Accountant who shall not be a me;;ber of Lessee' s firm or staff, showing the total of Gross Revenue at the Airport for said contract year. If the aggregate payments made for any contract year hereunder shall exceed the greater of 1 ) the Minimum Annual Concession Fee, or 2) ten percent (10%) of said Gross Revenues during such contract year, the excess balance shall be credited to Lessee' s account and applied against one or more of the next succeeding monthly payments during the next ensuing contract year, if there is one, as City may .elect. The City shall repay such excess Conces- Sion Fee payments in cash to the Lessee if this Agreement shall be terminated. 4. Definition of Gross Revenue: "Gross Revenue" as used herein , > shall mean all time 'and mileage charges due and payable to the Lessee from the operation of its automobile rental service at the Airport, but shall not include sums recovered from insurance or otherwise for damage to automobiles or other property, nor any amounts paid by customers to Lessee and separately -3- billed as additional charges for waiver by Lessee ofdamages from its customers for damac,�eS to or d Its rights to recover estruct7on of the vehicle rented, nor any tax levied by any co;;�petent governmental w'authority y which ' is separately stated and collected from Lessee' s customers . Ex otherwise provided herein, Gross Revenues shall include all timcept as e and mi 1 eage charges due and payable to the Lessee on all vehicles which are rented - or taken b a customer from the Airport regardless at Y p ,ardlcss of what section or estab- lishment of Lessee may receive the automobile or the rent � .i Of -the automobile including vehicles by the customer incl �� therefor upon return cles t aken by a customer in exchange for a vehicle originally rented at or taken by customer from the Airport. 5. It is understood that Lessee may possess a U-Crive-It (ranch ' to operate from other locations within the City and that revenues lsc operation are excluded from Lessee 's Gross Revenues , I from such understood, however, that revenues derived fro t shall be expressly rental of any vehicle taken from t from the r�.he Airport and delivered to a customer off the Airport included in Lessee' s Gross Revenues , regardless of the loc P shall be vehicle is delivered if the rental contract i at on at which such s consunurrated at the Airport. 6. The Lessee shall have the right to conduct part of its OP eratio on a credit basis ; n provided, however, the risk of such operation shall be borne solely by the Lessee; and the Lessee shall report all income and credit, in its n;onthly statements of Gross Revenue, Credit both cash Lessee's customers for such things as out-of-pocket purchase given to p base for gas , oil or p emergency services , and deg ' deposits regardless of where made, shall be included in computing Gross Revenues. 7. The term "Gross Revenues" , as used herein, shall addition to the above, amounts which would be du, also incline , in of furnishing an automobile to the user complete to the Lessee on the basis Plete with motor fuel , normal Primary liability insurance coverage, and other items customarily o �ari other automobile rental agencies at the Airport, ly su,�plied by $. Any moneys recovered from insurance companies - . damage to Lessee's property, p by Lessee for or sums recovered through insurance or otherwise for damage to vehicles , shall be excluded from Gross County, and municipal sales similar t taxes or other Revenues , Federal , State , axes separately stated and collected from, customers now or hereafter levied or irnposcd steal ] excluded from "Gross Revenues No deductionslikewise be shall be allowed from "Gross -4- Revenues" ,for the payment A;� State franchise taxes or taxes levied on concession activities, facilita,es, equipment or real or Personal property of Lessee nor for the payment pf such City ad valorem taxes and license fees as required by the operation of a Rental Car franchise at a location other than the Airport. The Lessee may grant local or national discounts to customers . i 9 . Tn addition to the annual GoncVssion fes , Lessee shall pay City .for 'rental ,of its car storage spaces at the rate of $4 , 00 per space per montli 'and its ready car spaces at the rate of $5. 00 per space per month, which shall be paid monthly by the 20th day following each month of the le-ase, ARTZGIE V. Re cords 1 . Lessee shall at all times during the term hereof keep true , accurate, complete and auditable records , books and accounts , in a form satisfactory to the City, of all business conducted by it at the Airport, and Lessee further agrees that the City shall have the right, through its duly authorized agents or representatives , to examine and audit all perti- nent books , accounts and records at any and all. reasonable times for the purpose of determining the accuracy of the reports required to be made by the Lessee under the provisions of this Agreement. All airport rental con- tracts shall be executed on appropriately marked and numerically sequenced forms of Lessee. 2. Articles or services furnished to any person in payment of ex- change for value received from such other person, shall be deemed to be a cash sale at market value within the meaning of this Article. The making of any willfully false reports on revenue by' Lessee shall be grounds for the immediate cancellation and termination of this. Agreement at the option of the City. ARTICLE VI . Taxes , Fees , Licenses Lessee covenants and agrees to pay promptly all lawful general taxes , special assessments , excises , license fees , permit fees , and utility . service charges of whatever nature, applicable to its operation at the Air- port and to take out and keep current all licenses , municipal , state or federal , required for the conduct of its business at and upon the Airport, and further covenants and agrees not to permit any of said taxes , assess- ments , excises , fees or charges to become delinquent. ARTICLE VII. Late Rental Penalty All unpaid rent and fee money due the City hereunder shall bear a service charge of one and one-half percent (12%) per month if same is not paid and received by the City within ten (10) days after its due date, and Lessee agrees that it shall pay and discharge all costs and expenses includ- ing attorney's fees incurred or expended by the City in collection of said delinquent amounts due. ARTICLE VIII. Performance Bond Lessee agrees to furnish a bond to the City in the principle amount of Two Thousand Dollars ($2,000.00) . Such bond shall guarantee the payment of the concession fee, rent and Lessee' s other obligations to pay as provided herein. The bond shall be in a form agreeable to the City and shall be kept in full force and effect .during the term hereof. ARTICLE IX Exclusive Rights 1 . It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right, except that Lessee has the exclusive right to use the premises leased herein. 2. City further agrees that during the life of this Agreement it will not execute a similar Agreement for like services and facilities with any other company or organization on terms more advantageous than those accorded to Lessee. This covenant not to grant more favorable terms to others is hereby acknowledged by the City and Lessee to be limited to 1.) the percentage of gross revenues to be paid as a concession fee, 2) the minimum annual concession fee established by this Agreement, and 3) the number and size of counter areas in the Terminal Building. ARTICLE X. Minimum Standards 1 . Lessee covenants and agrees it shall be open for and shall conduct bus ness and furnish services at the Airport during the hours of regularly -6- scheduled air service to the Airport or at such lesser times that Lessee and the Airport Manager shall mutually agree upon as being sufficient to properly serve the needs of the public, 2. Lessee shall furnish high quality, prompt and efficient ser- vice hereunder adequate to meet all reasonable demands therefor at the Air- port; shall furnish said services on a fair, equal and non-discriminatory basis to all categories of qualified users thereof; and shall charge fair, ' reasonable and non-discriminatory prices charged by concessionaires at .i . airports of comparable passenger enplanemcnts . 3. Lessee shall prepare a schedule of prices and rates. Such schedules shall be filed in the office of the Airport Manager and printed copies of such schedule shall be available at the Airport at all tines for the use of Lessee's customers. 4. Lessee shall provide and maintain the rental automobiles Trade available hereunder at its sole expense, in good operative order, free from known mechanical defects , and in a clean , neat and attractive condition inside and outside. 5. Lessee shall base at the Airport only new or late model auto- mobiles in such number as, is required by the demand for same. 6. A copy of the rental agreement form covering the use of Lessee's automobiles rented at or delivered to the Airport shall at all times be keot on file in the office of the Airport Manager. 7. Lessee covenants that it shall take all reasonable measures in every proper manner to maintain , develop and increase the business conducted by it hereunder, the Lessee shall not divert or cause or allow any business to be diverted from the Airport. Any action taken by Lessee to induce its patrons to rent or receive vehicles in such a manner and at such places so as to diminish the Gross Revenue of the Lessee under this Agreement shall constitute a material breach hereof and a cause for the termination of this Agreement by the City,, $. Lessee' s personnel performing services hereunder shall be dis- tinctively uniformed, neat, Glean and courteous. The Lessee's oral solicita tion of business at the Airport shall be confined to its leased area and Lessee shall prohibit and restrain its agents , servants and employees from loud, noisy, boisterous or 'otherwise objectionable promotion of the services vices Offered, and upon objection from the Airport ;lanager concerning the conduct -7- or appearance of any such persons , shall immediately take all steps necessary to remove the cause of the objection. 9. Lessee shall not commit any nuisance on the Leased Premises or Airport nor do or permit to be done anything which may result in the creation or commission of a nuisance thereon; nor install , maintain or operate or permit the installation, maintenance or operation on the Leased Premises of any vending machine or devices to dispense any products whatso- ever without the written permission of the Airport ,Ylanager, ARTICLE XI . Maintenance and improvements 1 . Lessee shall make no material removals , additions or alterations to its Terminal Building leased premises without the prior written approval of the Airport Manager. Lessee shall maintain in good repair and in neat and clean condition all improvements , construction or furniture, furnish- ings or equipment placed on such premises . Lessee shall be responsible for the care of the area designated for its use and shall permit no damage to existing improvements. No spikes , hooks , nails, or any other devices shall be driven or screwed into the walls , 'roodwork or other surfaces of the Terminal Building leased premises. 2. Lessee agrees , at its own expense, to maintain the Terminal Build- ing leased premises in a neat and orderly condition , free from all danger of fire and personal injury and to refrain from doing anything to destroy or damage the Terminal Building leased premises. 3. No sign or advertisement of the Lessee or oLi,,ers shall be affixed, kept.-or distributed on any part of, the Terminal Building leased premises except only if such color, size, wording,. style and material and method of attachment shall be first approved in writing by the Airport Manager. The City reserves the right to remove, without notice to Lessee and at the expense of Lessee, all signs, or advertisements not having prior approval in writing. All signs shall be in good taste and shall be for the purpose of either iden- tifying the premises as being those of the Lessee or providing directions for Lessee's patrons. No advertisements or rate schedules of the Lessee shall be posted to public view on the Terminal Building leased premises , except that this prohibition shall not prevent the Lessee from displaying for distribution its pocket-sized printed brochures of rate schedules for distribution to the -8- public. At the expiration of this Agreement, the Lessee shalll remove all its signs or advertisements and restore all points of attachr.ent to {.oniorm to the appearance and condition of the surrounding surfaces. ARTICLE XII . Heating, Air Conditioning and Janitorial Services 1 . City shall furnish heating and air-conditioning to the Terminal I Building leased premises in such degree as it is furnished to other tenants i -in the Terminal Building, provided that the City shall not be liable for any failure to supply the same when such failure is not due to negligence on its part. General area light will be furnished by the City through the fixtures installed for the general lighting of the area of the, Tern;inal Build * 9 leased premises . 2.- City shall provide-janitor service for the leased remises in P the Terminal Building and shall provide for removal of trash and will keep such area clean, neat and attractive. ARTICLE XIII . Indemnification Lessee shall be solely responsible for the conduct of its operators agents , employees and representatives , and agrees to indemnify, defend, hold and save the City, its authorized agents, officers , representatives and em- ployees , harmless from each and every claim and demand of whatever nature, and against any and all penalties, liability and annoyance or loss , resulting from claims or court action of any nature clair,ed to have arisen directly or :rectly out of acts of Lessee, or its agents , servants or employees under this Agreement or by reason of any act, omission or conduct of such person. ARTICLE XIV. Insurance 1 . Lessee agrees to maintain throughout the Term of this Agreement ent the following motor vehicle liability insurance; Bodily Injury $100 ,000 each ;person $300,000 each accident Property Damage $ 25,000 each accident 2. Lessee shall provide such insurance at its n expense and such insurance shall be placed with a company authorized to do bu siness in the 1, -9- state of Texas. Such policies of insurance shall protect City and Lessee against any and all liability for death, injury, loss or damage, against which Lessee has elsewhere in this agreement undertaken to save and 'hold the City and its authorized agents , officers , representatives and employees harmless from and against, any and all penalties , liability and annoyance and loss resulting from claims or court action of any nature and arising directly or indirectly out of the acts of Lessee, its agents , servants, guests , enployees , business visitors or others under this agreement or by result of any act or omission of such persons. 3. The amounts of such insurance as specified above shall not be , deemed a limitation of Lessee's agreement to save and hold. the City harm- less and if Lessee becomes liable for an amount, in excess of the insurance, Lessee will save and hold the City harmless as the holder thereof. Copies Of all such policies of insurance shall be delivered to City. ARTICLE XV. Cit" Aqent City hereby designates its Airport 'anager, as well as its City Manager and such official as he may designate, as its official representa- tive, with the full power to represent City in all dealings with Lessee in connection with the premises herein leased. ARTICLE XVI , Compliance with Rules & Regulations Lessee shall , at its own expense and cost, comply with all Federal , State and local laws , rules , regulations or ordinances , now or hereafter in effect, which are applicable to its operation at the Airport. Lessee recog- nizes that the Airport Manager is the representative of the City , and agrees to cooperate fully with such official to promote the efficient conduct of operations at the Airport. ARTICLE XVII, Inspection City reserves the right to enter upon the leased premises at any reasonable time for the purpose of making any inspection of the physical premises it may deem expedient to the proper enforcement of any of the covenants or conditions of this Agreement. ARTICLE XVIII . is S i CLIE21 t Lessee shall not assign; o,; transfer this agreesen;, nor any priv- ileges hereunder and shall not assign or sublet or mortgage all or any part 'of the premises leased hereby, whether voluntarily or involuntarily, wit out the prior written consent of the City, If Lessee, without securing prior written approval of the City, attempts to effect such a transfer, assignment, sublease or mortgage, or if a transfer occurs by operation of law, City may terminate this agreement upon written notice to Lessee. If control of Lessee's business or corporation is transferred to other partie s � s by virtue of the sale of stock, without the prior written consent of city, this shall be considered an assignment of the lease, and City may terminate this agreement upon -written notice to Lessee. ARTICLE XIX. Sus uLns;on/Termi nati on I . Lessee understands and agrees that all rights , privileges and interests acquired herein, following written notice of sixty (60) days , may be altered or finally terminated upon payment of just compensation to Lessee, if such suspension or termination is found by City, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport. 2. Should Lessee fail to pay the rent due hereunder within fifteen (15) days after same shall become due, or permit any insurance coverage required under this agreement to lapse , City shall i_,ave the option, without any legal proceedings or notice, to declare this lease terminated, cancel the same and re-enter and take possession of the premises , and in such event, Lessee agrees to deliver possession of the same peaceably and relinquish all rights incident thereto. 3. City shall have the right, but not the obligation , to terminate this Agreement in its entirety immediately upon the happening of any of the following events : a. Filing of a petition , voluntarily or involuntarily, for adjudication of Lessee as a bankrupt. b. The making by Lessee of any general assignment for the benefit of creditors . c. The failure by Lessee to perform, keep and observe any and all of the terms , covenants , and conditions. herein contained on the part of the Lessee to be performed, kept, or observed after the expiration of fifteen (15) days from the date written notice has been given to Lessee by City to correct such default or breach (except, however, failure of Lessee to provide insurance as re- quired herein will give City the right to terminate this r lease immediately without the necessity of giving Lessee 15 days written notice) . 4. City may terminate this lease by written notice to Lessee in the event of the assumption by the United States Government or any author- ized agency-thereof of the operation, control or use of said Wicipal Air- port, Civil Terminal Building 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 ter,,,s , covenants and conditions hereof to be performed, kept and observed by City. 5. No waiver by City at any time of any of the terms , conditions , or covenants of ,this Agreement shall be deemed or taken as a waiver at any time thereafter of the same, or of any other terms , conditions , or covenants herein contained, nor of the strict and prompt ,performance thereof by Lessee. 6. In the event that the United States Government or any of its agencies shall occupy the airport or any substantial part thereof to such an extent as to materially interefere with Lessee' s operation , or in the event of destruction by fire or other cause of all or a material portion of the airport N or airport facilities , or if Lessee's operations shall for any reason , similar or dissimilar, be materially interfered with for a period in excess of ninety (90) days , or in the event of any nationai . emergency wherein there is a cur- tailment, either by executive decree or legislative action , of the use of motor vehicles or airplanes by the general public, or a limitation of the supply of gasoline available for general use, then , and in any of those events, r Lessee shall have the right upon written notice to Lessor to terminate this agreement and Lessee' s further obligations hereunder, or at its option , to suspend this agreement for the periods of such disability. -12- 7. Also , should Lessee lose his present franchise to operate a Car Rental Service , or should his license or privilege of operating a rental car service in the City of Wichita Fails be cancelled by the City , then Lessee may, at its option , terminate this agreemient as of the last day of the month in which such occurs . ARTICLE XX. Untcnan abl e Premil ses Lessee shall , in case of fire or other casualty, give i� ediate notice in writing to City, who shall thereupon cause the damage to be re- paired forthwith, provided materials, supplies and labor are reasonably available; if any portion of the premises is rendered unfit for occupancy, the rent shall be apportioned for the period of time required to rake the repairs , according to the part of the premises , if any, width retains usable by Lessee. If the entire building shall be destroyed, then within thirty (30) days after the fire or other casualty either Lessor or Lessee may cancel -this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except that the rent shall be apportioned as of the date of the fire or other casualty. ' ARTICLE XXI. NotlfiCation Notice to City as herein provided shall be sufficient if written not' c2• •ls served in person or otner,,vise sent by certified mail to the Airport Manager, Wichita Falls Municipal Airport, Route 4, Eox B , �'Iichita Falls , - Texas 76301 , or to Lessee if written notice is served in person to William Hurley or otherwise sent by certified mail to Lessee at P . 0. Box 1096 , Lawton, Oklahoma 73502 or at such other places as the parties may designate in writing. ARTICLE XXII. Invalid provision r It is further expressly understood and agreed by and between the parties hereto that in the event any covenant, condition or provision herein contained is held to be invalid by any court of corr,petent 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 shall not be construed so as to rr,aterially prejudice either City or the Lessee in their respective rights and obligations contained in the valid covenants , conditions or provisions in this agreement. ARTICLE XXIII. Headings The article and paragraph headings are inserted only as a natter of convenience and for reference and in no way define , limit or describe the scope or intent of any provisions of this lease. IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the day and year first above written. CITY OF WICHITA FALLS DY: Geraid G. FOX, C T y ,�anager ATTEST: GJil ,a J. Thomas , City Clerk APPROVED AS TO FORM; H. P. Hodge, Attorney William Hurley ;; ._14- I s -----� , I 9CU LLENYl 'I _t dw II i �I • !, ® 1 a I • iI m JJ 1 ENTRY 71 D n II woM T x s STORAGE -t OFFICE i OfFICE • r I � y x 'I .I � � a � r 11 m I `1 U II r , l OFFICE n I crncF r� q a � I � I 8 Kcntal Car Ready Spaces i I 40 Rental Car Storage Spaces r" O t IJ v II I 9tl J°J4W �' 1744.0 • ill f 'I In q' Im I ql lO 100 AiHV UHT D{WC ' S I. Ct� ' �Jexas :'•; LXllIBIT S Wichita iL x LEASE THE STATE OF TEXAS X COUNTY OF WICHITA X This lease, made this 1st day of October 1978, between the City of Wichita Falls, Texas, a municipal corporation. as Lessor and Community Action Corporation of Wichita Falls and North Texas Area, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee 181 square feet of floor space in the building known as The Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used for an Office to have and to hold the same for the term of twelve months beginning the first day of October, 1978, Lessee yielding and paying to Lessor rent at the rate of five hundred thirty-eight and 20/100 dollars ($538. 20) for the full term, to be paid in equal monthly installments of forty-four and 85/100 dollars ($44. 85) on the first day of each month, the first of such payments to be made on the first day of October, 1978, and at the same rate for any part of a month unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall he subject to increase on March 1, 1979 which is the beginning of the Lessee's program and fiscal year, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita Falls, Texas, and/or increases in the federal funding for Lessee's' programs. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved at the times and in the manner aforesaid. 2. Lessee agrees he will keep all and singular the said premises in such repair as the same are in at the commencement of the term, or may be put in by Lessor during the continuance thereof, reasonable use and wearing thereof and dam- age by accidental fire or inevitable accidents only excepted. 3. Lessee agrees he will not make or suffer any additions or alterations in or to the premises without the written consent of Lessor. 4. Lessee agrees he will not make or suffer any waste of the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or any pla- card to be placed on the outer walls, or any signs to be on the premises, except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful, improper, or offensive use of the premises, or any use thereof other than as herein specified. 5. Lessee agrees to conform to such reasonable regulations as may be es- tablished from time to time by Lessor for the general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting apparatus which may be used on the premises shall be of such kind as Lessor shall approve. 7. Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the protection thereof. 8. Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections or additions upon or to the same, in such repair as aforesaid, and vacant and unen- cumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased pre- mises. Lessee shall be solely responsible for any infuries incurred by his guests, invitees, employees or licensees. 10. In no event shall Lessor, its agents, servants or employees, be liable for any damages, breach of contract, or any action in the nature of a tresspass of any kind or character, for terminating this lease under the provisions herein. The Lessee does hereby expressly agree that the lease shall not be null and void if the Martin Luther King Multi-Purpose Center is not ready for occupancy on the first of October, 1978; and that Lessor's only responsibility is to abate the rent hereunder until the Lessee is notified by Lessor that the Center is ready for occupancy, -2- and on that date rent shall again be due, pro rata for any part of the first month, then as agreed in numbered paragraph one. Payments by Lessee shall be payable to the City of Wichita Falls, Texas and delivered to the Accounting and Finance Department, Memorial Auditorium, Room 202, P. O. Box 1431, Wichita Falls, Texas 76307. This lease may be cancelled by either party by providing the other party with sixty (60) days written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas BY: Ge�al G. Fox, Ci Manager ATTEST: City Clerk Community Action Corporation Of Wichita Falls and North T xas Area BY�; ATTEST: -3- LEASE THE STATE OF TEXAS X COUNTY OF WICHITA X This lease, made this day of 1978, between the City of Wichita Falls, Texas, a municipal corporation, as Lessor and Community Action Corporation of Wichita Falls and The North Texas Area, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee 4, 021 square feet of floor space in the building known as The Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be utilized for the Headstart/Child Development Program to have and to hold the same for the term of twelve months beginning the first day of October, 1978, Lessee yielding and paying to Lessor rent at the rate of six thousand two hundred forty and no/100 dollars i i ($6,240. 00) for the full term, to be paid in equal monthly installments of five hundred twenty and no/100 dollars ($520.00) on the first day of each month, the first of such payments to be made on the first day of October, 1978, and at the same rate for any part of a month unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall be subject to increase on March 1, 1979 which is the beginning of the Lessee's program and fiscal year, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita i Falls, Texas , and/or increases in the federal funding for the Headstart/Child De- velopment program of Community Action Corporation of Wichita Falls and North Texas Area. Community Action Corporation of Wichita Falls and North Texas Area shall re- port any increase or decrease in federal funding of the Headstart/Child Development Program to the City's designated representative immediately. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved at the times and in the manner aforesaid 2. Lessee agrees he will keep all and singular the said premises in such re- pair as the same are in at the commencement of the term, or may be put in by Lessor I during the continuance thereof, reasonable use and wearing thereof and damage by accidental fire or inevitable accidents only excepted. 3. Lessee agrees he will not make or suffer any additions or alterations in or to the premises without the written consent of Lessor. 4. Lessee agrees he will not make or suffer any wash; of the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or any pla- card to be placed on the outer walls, or any signs to be on the premises, except such as Lessor shall approve, and then only in such place and so affixed as Lessor shall prescribe, and will not make or suffer any unlawful, improper, or offensive use of the premises, or any use thereof other than as herein specified. 5. Lessee agrees to conform to such reasonable regulations as may be es- tablished from time to time by Lessor for the general covenience of the tenants of the building. G. Lessee agrees that any heating or lighting apparatus which may be used on the premises shall be of such kind as Lessor shall approve. 7. Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor may think necessary for the I protection thereof. 8. Lessee agrees not to assign this lease or sublet the whole or any part of the premises without the consent in writing of Lessor, and will, at the end of the said term, peaceably deliver up to Lessor the demised premises, with all future erections r or additions upon or to the same, in such repair as aforesaid, the vacant and unen- cumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose Lessor is not responsible for any latent defects in the leased pre- mises. Lessee shall be solely responsible for any injuries incurred by his guests, invitees, employees or licensees. 10. In no event shall Lessor, its agenst, servants or employees, be liable for any damages, breach of contract, or any action in the nature of a trespass of any kind f or character, for terminating this lease under the provisions herein. M -2- The Lessee does hereby expressly agree that the lease shall not be null and void if the Martin Luther King Multi-Purpose Center is not ready for occupancy on the first day of October, 1978; and that Lessor's only responsibility is to abate the rent hereunder until the Lessee is notified by Lessor that the Center is ready for occupancy, and on that date rent shall again be due, pro rata for any part of the first month, then as agreed in numbered paragraph one. Payments by Lessee shall be payable to the City of Wichita Falls, Texas and de- livered to the Accounting and Finance Department, Memorial Auditorium, Room 202, P. O. Box 1431, Wichita Falls, Texas 76307. This lease may be cancelled by either party by providing the other party with sixty (60) days written notice. IN WITNESS WIIEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas By: Gerald G. Fox, City Manager A`I"1'EST: I i City Clerk Community Action Corporation of Wichita Falls and North Texas Area Ileadstart/Child Development Program By: ATTEST: 1 1 i -3-