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Min 11/07/1978 52 Wichita Falls, Texas Memorial Auditorium Building November 7, 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 Fred E. Bassett Carol Russell Aldermen Curtis Smith Jim Thomas Raymond Adcock Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by Chaplain R. M. Gurra, Sheppard Air Force Base. Item 3 Moved by Alderman McAlister that minutes of the meeting held October 17, 1978, be approved. Motion seconded by Alderwoman Russell , and carried unanimously. Items 4a through 10a The following items were removed from the consent agenda : 5b, 6b, and 10a. Moved by Alderman McAlister that the remaining items on the consent agenda be approved. Motion seconded by Alderman Bassett. Item 4a An appropriation ordinance was presented in the amount of $6,676.77 for enterprise funds. ORDINANCE NO. 3390 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, Thomas , Adcock, and Alderwoman Russell Nays: None Item 4b An appropriation ordinance was presented in the amount of $15,293.62, also for enterprise funds. . ORDINANCE NO. 3391 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER & SEWER REVENUE FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None 53 Item 4c An appropriation ordinance was presented in the amount of $2,163 for expert witness fees and expenses in federal court case (Placido Rivera et al ) charging employment discrimination. ORDINANCE NO. 3392 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NO. 11-091-4430, AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None L/Item 5a ORDINANCE NO. 3393 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1978 RECONSTRUCTION PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY CITY ENGINEERS AND DIRECTING THE ADVERTISING FOR BIDS AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None Item 5c ORDINANCE NO. 3394 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1977 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEERS, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 5d "/ORDINANCE NO. 3395 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE 1977 COMMUNITY DEVELOPMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIX M G TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 6a RESOLUTION NO. 2240 RESOLUTION APPROVING CONTRACTS WITH TENNIS PROFESSIONALS JON BROTHERTON AT WEEKS PARK TENNIS CENTER AND JOHNNY SIMMONS AT HAMILTON PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those two contracts, copies of which are attached hereto, between the City of Wichita Falls and Jon Brotherton and Johnny Simmons, whereby the City contracts with Brotherton and Simmons as tennis professionals at Weeks Park and Hamilton Park Tennis Centers , are hereby approved, and the City Manager is authorized to execute such contracts for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None 54 Item 6c RESOLUTION NO. 2241 RESOLUTION APPROVING LEASE OF ADVERTISING SPACE IN CLAIM BAGGAGE AREA OF MUNICIPAL AIRPORT TERMINAL TO CONTINENTAL MORTGAGE INVESTORS D/B/A GATEWAY INN. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease of advertising space in the claim baggage area of the Municipal Airport Terminal Building to Continental Mortgage Investors d/b/a Gateway Inn, a copy of which lease is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None J Item 6d Implementation of Resolution No. 2228, concerning water rates to be charged to Archer City, was postponed until November 22, 1978. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None JItem 7a The low bid for picnic tables for various city parks was awarded to Sturdi Steel Company, Waco, Texas, in the amount of $3,600.00. Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None Item 7 b RESOLUTION NO. 2242 RESOLUTION AWARDING CONTRACT TO FRANK McGRATH CONCRETE CONTRACTOR FOR CONSTRUCTION OF TENNIS COURT, AND AWARDING CONTRACT TO ACE FENCE CO. FOR CONSTRUCTION OF FENCE AROUND TENNIS COURT, AT LIONS PARK. WHEREAS, the City of Wichita Falls has advertised for bids for the construction of a tennis court and a fence around such tennis court at Lions Park; and, WHEREAS, four bids were received for the construction of the tennis court, and it is found that Frank McGrath Concrete Contractor, who bid $8,784, is the lowest responsible bidder; and, WHEREAS two bids were received for the construction of the fence, and it is found that Ace Fence Co. , who bid $4,106.40 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1 . Said bid of Frank McGrath Concrete Contractor in the amount of $8,784 for the construction of the tennis court is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Frank McGrath Concrete Contractor for the construction of such tennis court. SECTION 2. Said bid of Ace Fence Co. in the amount of $4.106.40 for the construction of such fence is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Ace Fence Co. for the construction of such fence. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays: None \J Item 8a Authority was granted to advertise for bids for mowing equipment for the park, golf, and cemetery divisions . 55 Item 8a, cont'd. Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas , Adcock, and Alderwoman Russell Nays : None ' Item 9a-h Minutes of the meetings of the following boards and commissions were received. a. Park Board - October 24, 1978 , b. Board of Adjustments and Appeals - October 20, 1978 'c. Board of Electrical Examiners - October 24, 1978 mod. Design Review Commission - October 19, 1978 ,e. Planning Board - October 11 , 1978 f. Mayor's Commission on Status of Women - October 5, 1978 %g. Traffic Safety Council - October 4, 1978 h. Arts Commission - October 17 , 1978 Ayes : Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays : None Mayor Hill announced that a public hearing on demolition of hazardous structures would be held at this time. It is not on the agenda, and we do not have an ordinance today, but will have one at the next meeting. No one desired to be heard, and the hearing was closed. (Previous notice had been given to property owners) . Item lla Glenda Meyer, 2713 Miller Court, appeard as a representative of the City Council PTA. The City Council PTA has proposed a project called B.W.C. (Because We Care) . She requested that the Board of Aldermen appoint a committee to study the environment around our city's schools and in general as it would affect the well -being of our youth. The committee would then make recommendations through the proper channels to improve the environment of our city for our youth. They recommended appointment of the following people to this committee, stating that they have all agreed to serve on it. 1 . Dr. Lee Williamson - Schools 2. Bill Bartlett - YMCA 3. Graham Ball - Boys ' Club 4. Curtis Harrelson - Police 5. Dr. A. W. Pierce - Medical Association 6. Pat Wolverton - Junior League 7. Mrs. F. M. Farrier - Northside Girls ' Club 8. Louis Esquibel - CAC 9. Ann Whitmire - YWCA 10. CMSgt. H.P. Harvey - SAFB 11 . James Williams - Eastside Citizens 12. Fred Bassett - Board of Aldermen 13. Dr. Fred Beyers - Citizens Advisory Committee 14. Glenda Meyer - City Council PTA Mrs. Meyers also recommended that she serve as chairman of this committee. Alderman Thomas inquired what would be the life expectancy of this committee? Mrs . Meyer stated that she feels it should be from now on. He also inquired what would be a typical action of this committee? Mrs. Meyer stated it would be to see that children have appropriate transportation to school , the right atmosphere to grow up in, and also the right atmosphere around our schools. She stated that the committee should go on and on, and not be a rotating committee. The Council objected to that. She stated that each action would go through the proper channels. Regular meetings would be proposed, and anyone who had a problem regarding youth environment could write the committee. Jo Powers , Wichita Falls City Council PTA, stated they would be dealing with a lot of problems which we have with youth near our schools, such as game machines in businesses , drugs, places to linger, etc. , making children late to school or not even going. Alderman Thomas stated that the less government we have is better than more government. Alderman McAlister pointed out that if the 66 members of the City Council PTA, plus executive board, do not have a feel for the environment around the schools , then any committee which could be picked would not have any more idea what is going on. The City Council PTA could provide the information gathering better than anyone else. Alderwoman 56 Item lla, cont'd. Russell stated that by establishing a group other than city council (PTA) members , they will be hoping for a sanction of the City for this committee. City Attorney H. P. Hodge explained that the Board of Aldermen will appoint a committee when they need assistance in making decisions , an area where they need special expertise, or where there is no other body to assist, or in making a study where the Board does not have time to investigate it. Mr. Hodge stated that in this case we are not sure what the problems are, and also there is another group which has the time and expertise to make recommendations to the Council . It appears to him that in this particular area there is already a group which could furnish this expertise. Alderman Adcock stated that it seems that what these ladies are concerned with is the overall youth of this city. He feels the City Council PTA has the expertise to do these things as far as schools are concerned. There are other areas which they are concerned with that are not necessarily school related, but something that would improve the environment for all the youth of our city. Alderman Bassett inquired if game machines are illegal . City Attorney H. P. Hodge stated that they are not. There is nothing we could do about this. Alderman Smith stated that he would not have any big hang-ups about this. It would be a clearinghouse. Alderwoman Russell stated that she would want the committee's expectations to be very reasonable because there are state laws and other things that would prohibit certain actions. Alderman Thomas feels that if such a committee were instituted, it should be disbanded in one year. Alderman McAlister asked why all of a sudden do we want to shift the responsibility of trying to control or influence the environment for youth with a more influential committee? It appears that a committee should be an outgrowth of something they have already started, but he does not see this occuring. Alderman Thomas stated that with the City Council PTA you have the mothers of these children , and there could not be a better group. The City Manager stated that they might set out some ground rules as to what its purpose would be. It seems that they could support the concept of this idea without appointing a committee. The City Manager stated that if all they are wanting is a willing ear to listen to any recommendations which they may have, why should the official appointing of this group be so important when they could bring this to the Council? Alderwoman Russell inquired it if would satisfy them or meet their needs if the Council gave them their encouragement of them establishing their own committee? Mayor Hill pointed out that youth are included in all our established commissions. Jo Powers stated that they are trying to get a committee with input back to the Council for their consideration. Alderwoman Russell stated that we have commissions which speak to very specific areas. Alderman Adcock stated that it seems that the City Council PTA is wanting to get more people involved in this city for the benefit of our youth. Alderman Thomas pointed out that we already have committees established which are vehicles to take care of these problems. Moved by Alderman Adcock that the committee as requested by the City Council PTA be approved for only one year unless it is reactivated by the Council . Motion seconded by Alderwoman Russell , and carried by the following vote: Ayes: Mayor Hill , Aldermen Russell , Smith, and Adcock Nays : Aldermen McAlister and Thomas (Alderman Bassett abstained) . The ordinance or resolution will be drawn up for their consideration. Alderman Bassett stated there are areas which we cannot do anything about. The problems which they are trying to get government to solve should first be resolved in the home. Alderman McAlister stated that if this committee does not get into something more specific than has been generalized, the drop-out rate will be great. /Item 5b Bids were considered on the 1978 Reconstruction Program. ' ORDINANCE NO. 3396 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR THE 1978 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR HEARING OF 57 Item 5b, cont'd. THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Moved by Alderman Smith that Ordinance No. 3396 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 v' Moved by Alderman Smith that the bids for asphalt be rejected due to the esclation clause, and readvertised at a later date. Motion seconded by Alderman Thomas , and carried unanimously. Item 6b Discussion was held on continuation of the City-County Health Department. Alderman McAlister noted that in budget sessions it seemed that the City is picking up a substantial portion of these costs. Fifteen to twenty percent is paid by the County. A more equitable ratio would be 60 percent for the City and 40 percent for the County. Alderman Thomas stated that he feels this body is more responsive to the citizens than the County is . The County would raise taxes to cover any increased costs. Alderman McAlister stated that if the City pays the bulk of the cost, then we should have control of appointments to the Board. The City Manager stated that state law sets out the structure for the Board of Health. It does not set out the funding arrangements. y RESOLUTION NO. 2243 RESOLUTION CONTINUING CITY-COUNTY HEALTH UNIT FOR TWO YEARS. WHEREAS, the Board of Aldermen of the City of Wichita Falls by enacting Resolution No. 437 on December 23, 1960, adopted the terms of Article 4436a-1 of Revised Civil Statutes of Texas and thereby ratified the continued joint operation of the Wichita Falls City-County Health Unit; and, WHEREAS, by the terms of Section 6 of said Article 4436a-1 , at the end of every two year period of operation, said respective governmental bodies shall determine, by resolution, whether said unit shall be continued as a City-County Health Unit or shall be operated separately as now provided by law; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls , Texas, does desire to continue the operation of said unit as a City-County Health Unit for another two year period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Wichita Falls City-County Health Unit shall be continued as a City-County Health Unit under Article 4436a-1 of the Revised Civil Statutes of Texas for the two year period from January 1 , 1979, through December 31 , 1980. Moved by Alderman Thomas that Resolution No. 2243 be passed. Motion seconded by Alderman Adcock, and carried by the following vote: Ayes: Mayor Hill , Aldermen Bassett, Russell , Smith, Thomas, and Adcock Nays: Alderman McAlister The City Manager stated that they will be putting together a funding package to discuss with the County by the first of the year. f Item 10a(1 ) RESOLUTION NO. 2244 RESOLUTION APPOINTING A MEMBER TO THE WICHITA FALLS CITY-COUNTY BOARD OF HEALTH. WHEREAS, the Board of Aldermen of the City of Wichita Falls by enacting Resolution No. 437 on December 23, 1960, adopted the terms of Article 4436a-1 of Revised Civil Statutes of Texas and thereby established a joint City-County Board of Health; and, 58 i Item 10a(1 ) , cont'd. WHEREAS, by the terms of Section 2 of said Article 4436a-1 , the appointment of members to the seven member City-County Board of Health shall be by joint action of the Wichita Falls Board of Aldermen and the Wichita County Commissioners Court; and, WHEREAS, there will exist a vacancy on the City-County Board of Health after January 1 , 1979; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls desires to make an appointment of a member to fill the vacancy on the City-County Board of Health, subject to the ratification of said appointment by the Wichita County Commissioners Court. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Louis M. Theimer, M.D. is hereby appointed a member of the Wichita Falls City- County Board of Health for a term of two years, commencing January 1 , 1979, provided said appointment is duly ratified by the Wichita Falls Commissioners Court. Moved by Alderman Smith that Resolution No. 2244 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 : None The City Manager will inform the County of the City's policy of six-year terms of appointment. Item 10a(2) Discussion was held on appointment of alternate members to the Arts Commission. Alderman Bassett stated that this is totally unnecessary. No other commission has alternate members. Moved by Alderman McAlister that alternate members be rejected. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Thomas, and Adcock Nays: Aldermen Smith and Russell Item 12a Discussion was held on a contract with Community Action Corporation to administer the Section 8 Housing program for the third year. Alderman McAlister explained that this program is tied to Community Development Block Grant funding. In order to receive Community Development funds, we have to participate in this Section 8 Housing program. Apparently CAC is doing a good job administering this program, and landlords are accepting it. Alderman Bassett commented on the tardiness of CAC in providing their reports. David Still , Administrator of the Section 8 Housing program for CAC, stated that these reports are going to Mr. Fox and the Planning Department. They have in excess of 600 applications on the waiting list for housing. ,,RESOLUTION NO. 2245 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA FOR ADMINISTRATION OF THE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR EXISTING HOUSING. WHEREAS, the 1978 Housing Assistance Plan, prepared as part of the 1978-79 Community Development Block Grant application, stated that over 5,000 families in Wichita Falls need housing assistance; and WHEREAS, the Board of Aldermen authorized the City Manager to execute the Five Year Annual Contributions Contract with the Department of Housing and Urban Development for Section 8 - Housing Assistance Payments Program for Existing Housing on February 3, 1976; and 59 Item 12a, cont'd. WHEREAS, on December 7, 1976, the Board of Aldermen approved the resolution awarding the contract for the administration of the Section 8 program to the Community Action Corporation, and WHEREAS, the Community Action Corporation has ably executed that contract during the past two years. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is authorized to execute a one year contract with the Community Action Corporation of Wichita Falls and North Texas area for the administration of the Section 8 Housing Assistance Payments Program for Existing Housing. Moved by Alderman Smith that Resolution No. 2245 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 Item 12b Ed Ilschner, Director of Traffic and Transportation, presented a report on limited general aviation needs study for Wichita Falls. He stated that all airports in the city are at full capacity without further expansion. Alderman Thomas inquired why we could not appropriate enough money in a proposed bond issue to build more hangars at Municipal Airport? The City Manager explained that we could if they were comfortable with it without further study. The staff proposed a study which will cost $50,000. The Federal Aviation Administration will give us $40,000. The City of Wichita Falls will be responsible for funding $10,000. RESOLUTION NO. 2246 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REQUEST FOR FUNDING FROM THE FEDERAL AVIATION ADMINISTRATION FOR A LIMITED GENERAL AVIATION STUDY IN WICHITA FALLS, TEXAS. WHEREAS, the City of Wichita Falls has identified a need to conduct a Limited General Aviation Study in order to develop recommended alternatives for meeting present and future general aviation demand; and, WHEREAS, this Limited General Aviation Study will provide the capability for orderly and continued general aviation growth in Wichita Falls , Texas; and, WHEREAS, the Federal Aviation Administration has funds available for the conduct of this Limited General Aviation Study. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager is authorized and directed to complete and file a request for funding with the Federal Aviation Administration for the conduct of a Limited General Aviation Study in Wichita Falls, Texas; the City Manager is further authorized to sign any necessary documents, including the funding agreement required to carry out and complete such Limited General Aviation Study on behalf of the City. Moved by Alderman Bassett that Resolution No. 2246 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 RESOLUTION NO. 2247 RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR A LIMITED GENERAL AVIATION STUDY WITH THE PRIVATE CONSULTING FIRM OF URS/FORREST AND COTTON, INC. 60 Item 12b, cont'd. WHEREAS, the City of Wichita Falls has identified a need for the conduct of a Limited General Aviation Study in the City of Wichita Falls, Texas; and, WHEREAS, the City Manager has been authorized to file an application with the Federal Aviation Administration for 80% funding of this Limited General Aviation Study; and, WHEREAS, the Traffic and Transportation Division submitted a request for study proposals to ten private consulting firms; and, WHEREAS, after a thorough review by city staff members of all the proposals submitted, it was decided that the firm of URS/Forrest and Cotton, Inc. submitted the most comprehensive study proposal of the six responding consultants; and, WHEREAS, the conduct of this Limited General Aviation Study will provide the city with selected alternatives for the orderly and continued growth of general aviation in Wichita Falls, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to negotiate and execute a contract with the private consulting firm of URS/Forrest and Cotton, Inc. for the conduct of a Limited General Aviation Study, provided that this contract will have as a condition precedent the granting of 80% funding of the negotiated contract price from the Federal Aviation Administration and that this contract shall not be binding upon the City until a contract between the City and the Federal Aviation Administration governing this study is duly executed. Moved by Alderman Bassett that Resolution No. 2247 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 J Moved by Alderman Bassett that the City Manager be authorized to negotiate with Mr. Coppage at Kickapoo Airport for first right of refusal on this property for five years. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Adcock Nays: None (Alderman Thomas was out of the room) . Item 12c ,-A proposed resolution was presented on the 1978 annexation program. RESOLUTION NO. 2248 A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXATION PROCEEDINGS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1 . A public hearing shall be held in the City Council Chambers in Memorial Auditorium in Wichita Falls , Texas, at 8:30 a.m. on the 21st day of November, 1978, at which time all interested persons will be given an opportunity to be heard concerning the intention of the Board of Aldermen to institute annexation proceedings , annexing the following described lands: A tract of land located in the M. Carbajal Survey, Abstract No. 44, Wichita County, Texas, and shown on the attached plat as Tract I. A tract of land located in Blocks 25 and 30, Kemp and Newby Subdivision, Cherokee County School Lands, Abstract No. 33, Wichita County, Texas , and shown on the attached plat as Tract II. A tract of land located in Blocks 25, 26 and 30, Kemp and Newby Subdivision of Cherokee County School Lands, Abstract No. 33, Wichita County, Texas , and shown on the attached plat as Tract III . 61 Item 12c, cont'd. A tract of land located in Block 10 and Block 11 , Cherokee County School Lands , Abstract No. 33, Wichita County, Texas , and shown on the attached plat as Tract IV. Section 2. The City Clerk is directed to give public notice of such hearing by publishing a notice thereof one (1 ) time in a newspaper having general circulation in the City and in the territory to be annexed, not more than twenty (20) days nor less than ten (10) days prior to the hearing. Moved by Alderman Bassett that Resolution No. 2248 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 j'Item 13a Bids were considered on two alley container handling units. Moved by Alderman Thomas that the low bid meeting specifications be awarded to Pak-Mor Manufacturing Company in a total amount of $105,258.78, including $412.00 for a Cummins engine. Motion seconded by Alderman Bassett, and carried unanimously. Item 13b Bids were considered on two 2-man refuse collection units. Moved by Alderman Bassett that the low bid be awarded to Pak-Mor Manufacturing Company in the amount of $58,558.50. Motion seconded by Alderwoman Russell , and carried unanimously. Item 14a Permission was requested to advertise for bids for annual replacement of automotive and truck requirements for various city departments. A total of 22 cars, 28 trucks , and two 3-wheel vehicles were requested. Moved by Alderman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Alderwoman Russell , and carried unanimously. ✓Item 14b Permission was requested to advertise for bids on baggage claim area improvements at Wichita Falls Municipal Airport. Moved by Alderman Bassett that authority be granted to advertise for bids for airport baggage claim improvements, as requested. Motion seconded by Alderwoman Russell , and carried unanimously. v Item 15a Stephen Ondrejas, Director of Planning, presented a Citizen Participation Plan for Community Development Block Grant funding. This plan has been prepared to achieve maximum citizen involvement in the community development planning process. Moved by Alderman Bassett that the Citizen Participation Plan be adopted. Motion seconded by Alderman Thomas, and carried unanimously. 62 ✓ Item 15b City Attorney H. P. Hodge explained that the Supreme Court of Texas refused his application for a rehearing in the Charlotte Abell case regarding regulation of alcoholic beverage sales near churches, schools, and hospitals. The Supreme Court affirmed the decision of the Fort Worth Court of Civil Appeals, but did not necessarily approve their reasoning. This means that we do not now have an ordinance regulating sales of alcoholic beverages near churches, schools , and hospitals. Adoption of the proposed ordinance is 'recommended. ✓ORDINANCE .NO. 3397 ORDINANCE AMENDING SECTION 4-24 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS (ORDINANCE NO. 3046) TO CHANGE THE METHOD OF MEASURING DISTANCES BETWEEN ALCOHOLIC BEVERAGE DEALERS AND CHURCHES, SCHOOLS AND HOSPITALS. Moved by Alderman Thomas that Ordinance No. 3397 be passed. Motion seconded by Alderman Smith, and carried by the following vote: Ayes: Mayor Hill , Aldermen McAlister, Bassett, Smith, Thomas, Adcock, and Alderwoman Russell Nays: None Item 15c Richard Allman appeared, representing a group of people who do not want to be de-annexed in the area Mr. Meyers had requested be de-annexed. He presented a petition signed by 318 people who want to remain in the city limits. Jimmy Horany appeared as vice-chairman of the Lake Wichita Steering Committee. He stated that they have taken some soil samples from the lake and submitted to a laboratory in Midland, Texas, for testing. Two dredging contractors from Louisiana have been recommended by a professor at the University of Texas. He also mentioned water from Lakes Kemp and Diversion going into Lake Wichita. He stated that Section 26 of the water code prohibits salt water from being discharged into a usable water supply. He realizes water is needed now to launch boats. - Leon Sanner appeared as owner of a boat dock at Lake Wichita. He stated that water is needed now. It is an emergency. He stated that he and nine others on the steering committee all want water right now for boats. The water is not usable for drinking. .-The City Manager stated that water is being diverted from Lake Diversion through the irrigation system. They are still working on it to try to get more water into the lake. The Board of Aldermen recessed at 12:15 P.M. for an executive session to discuss personnel and appointment matters. The meeting resumed at 1 :20 P.M. Mayor Hill announced that they had discussed appointments to various boards and commissions without any affirmative action being taken. The Board of Aldermen adjourned at 1 :21 P.M. PASSED AND APPROVED this day of ✓l,_,�� �y�✓ 1978• � K MAYOR ATTEST: CITY CLERK f , STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA y This agreement made and entered into this the 1st day of November 1978, by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", acting herein by and through its City Manager, and 1 Johnny Simons hereinafter called "Tennis Pro", a WITNESSETH: i For and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby agree as follows: City does hereby employ Johnny Simmons as a tennis professional at the Hamilton Park Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop located at the Hamilton Park Tennis Center, for a period of one year, commencing November 1 1978, and thereafter on a month to month basis. II. Tennis Pro shall be considered a contract employee of City and his salary shall be $600.00 per month. It is expressly agreed and understood by Tennis Pro and City that Tennis Pro is an independent contractor and shall not be eli- gible for any fringe benefits to which regular City employees are entitled. III. Tennis Pro shall be in charge of and responsible for the operation of Hamilton Park Tennis Center. lie shall perform all duties and responsibilities as are required of him by the laws of the State of Texas, the ordinances of City, the current Tennis Policies of. the Parks and Recreation Department of City, and the directions of the Recreation Superintendent of the Parks and Recreation Department of City. A copy of the current Tennis Policies of the Parks and Recreation Department is attached hereto and made a part hereof as if copied in full herein. IV. Tennis Pro shall collect for City all daily court fees, annual permit fees, and tournament fees for play at the Hamilton Park Tennis Center. All daily court fees, annual permit fees, and tournament fees shall be kept in a cash register provided therefor. Tennis Pro shall keep an accurate account of all daily court fees, annual permit fees, and tournament fees collected, and shall deposit the same with the Parks and Recreation Department at its office in the Memorial Auditorium Building on Mondays and Fridays of each week without exception. V. Tennis Pro shall have the right to give tennis .lessons at Hamilton Park Tennis Center and City shall receive 5% of the lesson fee plus a court fee from the person taking the lesson. VI. Tennis Pro shall also account to City for the revenues which he receives from the sale of merchandise, for racquet stringing and concessions sold through his pro shop located at Hamilton Park Tennis Center. City shall receive 5% of the revenues from the sale of merchandise, racquet stringing and concessions sold by Tennis Pro through the pro shop at Hamilton Park Tennis Center. VII. Tennis Pro shall keep accurate and correct books on the operation of his business and such books shall be open for inspection by City or any person designated by it. VIII. Tennis Pro shall take good care of the personal property and real property hereby leased to him and he will deliver the property back to City at the ex- piration or the termination of this lease in the same condition as same was received, natural wear and tear excepted. IX. Tennis Pro shall make no alterations in the building hereby leased with- out the written consent of the Director of Parks and Recreation of City. X. It is understood and agreed that the City Manager of City may at any time cancel this contract after giving 30 days notice in writing of cancellation because of violations of laws , ordinances, or rules, regulations or directions concerning the operation of the Tennis Center at Hamilton Park or the agreements constituting the lease of the tennis pro shop at the Hamilton Park Tennis Center; in the event of such cancellation, City shall have the right, without further notice or demand, to re-enter and take possession of all the property herein leased and remove all persons therefrom -2- without being liable for any claim for damages by reason of such cancellation and resumption of possession. In the event said contract is so cancelled during the term hereof, City shall guarantee the sale of, or at its option may purchase from Tennis Pro, any usable equipment and merchandise that he might have and use in his operation under this contract (except for tennis equipment) which he shows has beer_ fully paid for by him at the cost price of same, less depreciation. XI. Tennis Pro shall hold City harmless from any damages or injury to persons or property caused by or arising out of Tennis Pro's operation of the Hamilton Park Tennis Center. Tennis Pro further agrees to provide City with a certificate of insurance attesting to the ownership of a general liability in- surance policy, with City named as an additional insured, protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro's operation of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100,000.00) dollars per person and three hundred thousand ($300,000.00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50,000.00) dollars per occurrence. Fire and theft coverage for property belonging to Tennis Pro shall be the sole responsibility of Tennis Pro. XII. Tennis Pro shall provide adult supervision at Hamilton Park Tennis Center during all open hours. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first written above. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox, City Manager ATTEST: City Clerk Tennis Pro Approved as to form: Assistant City Attorney PARKS AND RECREATION DEPARTMENT Tennis Policies PURPOSE : To establish standard operating procedures and policies for Hamilton and Weeks Park Tennis Centers. RESPONSIBILITY : It shall be the responsibility of the Tennis Pros to insure that the contents of this directive are followed, by employees as well as participants . SCOPE: 1 . The Tennis Pros shall be responsible for recommending, maintaining, and supervising a wholesome and well-rounded tennis program whereby the citizens of Wichita Falls can be afforded an equal opportunity to participate in recreational and competitive tennis. Program shall include, but not limited to, the promotion and conduct of tennis tournaments , establishment and supervision of an instructional program, supervision of all play, promotion and conduct of clinics , publicity of the tennis program, and correlation of tennis activities with local schools and other tennis oriented organizations. 2. The Tennis Pros shall be contracted employees of the City of Wichita Falls and directly responsible to the Recreation Superintendent. Both Hamilton and Weeks Park Tennis Centers will have a Tennis Pro who is solely responsible for the operation of that center. 3. The Tennis Pros shall conform to all policies and procedures of the Parks and Recreation Department and the City of Wichita Falls therein now in effect or those adopted in the future. They shall abide by and enforce all rules applicable to the operation of the tennis program. 4. The City shall employ two part-time Tennis Supervisors at each center to assist in the operation of the pro shops. These Supervisors shall be directly responsible to the Tennis Pro. Each Tennis Pro shall employ one additional person for his center at the same rate of pay and qualifications , and all employees will have to be approved by both the Tennis Pro and the Recreation Superintendent before they are hired. The Supervisors must be at least 18 years of age, interested in tennis , knowledgeable of cashier procedures , and have a good personality in dealing with the public. The Supervisors shall work on a rotating basis inorder to have one person on duty at all times that the centers are open. The Supervisor shall be responsible for selling merchandise , collecting fees , taking reservations , general maintenance of the pro shop, and supervision of the pro shop and spectator area. 5. The hours of operation shall be 8:00 A.M. to 11 :00 P.M. , April through October and 9:00 A.M. to 9:00 P.M. , November through March , weather permitting. 6. There shall be a cash register maintained in the pro shop at each center provided by the City. All receipts from daily court fees , annual permits , tournament fees , sale of merchandise , lessons , and concessions shall be accounted for in the register. 7. Receipts shall be turned into the Parks and Recreation Office on Mondays and Fridays of each week without exception. 8. The daily court fees shall be $1 .25 per person for 1 1/2 hours on weekdays and $1 .50 per person for 1 1/2 hours on weekends and holidays. An evening fee of $1 .50 per person for 1 1/2 hours will be charged as follows : beginning at 8:00 P.M. March through October, and beginning at 6 :30 P.M . November through February. Annual permit fees shall be $100.00 for a Family, $65.00 Adult, and $35.00 Juniors (18 and under) . 9. The City shall receive all daily court fees and annual permits , plus 5% from sale of merchandise , racquet stringing, and concessions ; and 5% from all lessons. 10. The Tennis Pros shall be permitted to give lessons at either center, and only two courts total at a time will be utilized for this purpose. With the permission of the Recreation Superintendent, an employee of either tennis center may give , or assist with , lessons on conjunction with the lesson program set up by the pro at that center. The City shall receive 5% of all lesson fees plus a court fee from the person taking the lesson. Court fees will not exceed $5.00 total per court for group lessons. 11 . The Tennis Pros shall be responsible for scheduling all leagues and such schedules must be approved by the Recreation Superintendent before the league begins. Each person entering a league shall pay the City $1 .00 plus a court fee for each day they participate in the league. Leagues shall not use more than 4 courts at a time in order to leave courts open to regular play and shall be limited to six week sessions. 12. Tournament players shall pay a $1 .00 court fee for each tournament. The only exceptions to the tournament fees shall be the following: M.S. U. Fall Tournament, the W. F. Senior High Tournament, W. F. Junior High Tournament, and the Southwest Junior and Senior Tournaments . All other tournaments shall pay the above mentioned court fee rate including tournaments sponsored by the Tennis Pros. 13. All tournaments must be approved annually and formally requested at least three months prior to the tournament by letter to the Director of Parks and Recreation. All tournaments must be contracted in the Parks Office. 14. Tennis Pros shall not grant permission for any sales by outside groups at either center, without securing permission from the Recreation Superintendent. 15. The maintenance division of the Parks and Recreation Department shall be responsible for daily maintenance to the court and spectator area. The maintenance division shall perform maintenance tasks in the pro shop when requested by the Recreation Superintendent such as painting , repairs , or major cleaning tasks before tournaments . 16. The above stated tennis policies will be reviewed annually by the Parks and Recreation Department staff in order to maintain the best possible operating standards . STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA This agreement made and entered into this the 1st day of November 1978, by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", acting herein by and through its City Manager, and Jon Brotherton , hereinafter called "Tennis Pro", WITNESSETH: For and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby agree as follows: r. City does hereby employ Jon Brotherton as a tennis professional at the Weeks Park Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop located at the Weeks Park Tennis Center, for a period of one year, commencing November 1 1978, and thereafter on a month to month basis. II. Tennis Pro shall be considered a contract employee of City and his salary shall be $600.00 per month. It is expressly agreed and understood by Tennis Pro and City that Tennis Pro is an independent contractor and shall not be eli- gible for any fringe benefits to which regular City employees are entitled. III. Tennis Pro shall be in charge of and responsible for the operation of Weeks Park Tennis Center. He shall perform all duties and responsibilities as are required of him by the laws of the State of Texas, the ordinances of City, the current Tennis Policies of the Parks and Recreation Department of City, and the directions of the Recreation Superintendent of . the Parks and Recreation Department of City. A. copy of the current Tennis Policies of the Parks and Recreation Department is attached hereto and made a part hereof as if copied in full herein. IV. Tennis Pro shall collect for City all daily court fees, annual permit fees, and tournament fees for play at the Weeks Park Tennis Center. All daily court fees, annual permit fees , and tournament fees shall be kept in a cash register provided therefor. Tennis Pro shall keep an accurate account of all daily court fees, annual permit fees , and tournament fees collected, and shall deposit the saine with the Parks and Recreation Department at its office in the Memorial Auditorium Building on Mondays and Fridays of each week without exception. V. Tennis Pro shall have the right to give tennis lessons at Weeks Park Tennis Center and City shall receive 5% of the lesson fee plus a court fee from the person taking the lesson. VI. Tennis Pro shall also account to City for the revenues which he receives from the sale of merchandise, for racquet stringing and concessions sold through his pro shop located at Weeks Park Tennis Center. City shall receive 5% of the revenues from the sale of merchandise, racquet stringing and concessions sold by Tennis Pro through the pro shop at Weeks Park Tennis Center. VII. Tennis Pro shall keep accurate and correct books on the operation of his business and such books shall be open for inspection by City or any person designated by it. Viii. Tennis Pro shall take good care of the personal property and real property hereby leased to him and he will deliver the property back to City at the ex- piration or. the termination of this lease in the same condition as same was received, natural wear and tear excepted. IX. Tennis Pro shall make no alterations in the building hereby leased with- out the written consent of the Director of Parks and Recreation of City. X. It is understood and agreed that the City Manager of City may at any time cancel this contract after giving 30 days notice in writing of cancellation because of violations of laws, ordinances, or rules, regulations or directions concerning the operation of the Tennis Center at Weeks Park , or the agreements constituting the lease of the tennis pro shop at the Weeks Park Tennis Center; in the event of such cancellation, City shall have the right, without further notice or demand, to re-enter and take possession of all the property herein leased and remove all persons therefrom -2- without being 1i..able Lor any ciaim for damages by reason of such cancellation and resumption of possession. In the event said contract is so cancelled during the term hereof, City shall guarantee the sale of, or at its option may purchase from Tennis Pro, any usable equipment and merchandise that he might have and use in his operation under this contract (except for tennis equipment) which he shows has beep_ fully paid for by him at the cost price of same, less depreciation. XI. Tennis Pro shall hold City harmless from any damages or injury to persons or property caused by or arising out of Tennis Pro's operation of the Weeks Park Tennis Center. Tennis Pro further agrees to provide City with a certificate of insurance attesting to the ownership of a general liability in- surance policy, with City named as an additional insured, protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro's operation of this concession, to include bodily injury liability insurance in the amount of not less than one hundred thousand ($100,000.00) dollars per person and three hundred thousand ($300,000.00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50,000.00) dollars per occurrence. Fire and theft coverage for property belonging to Tennis Pro shall be the sole responsibility of Tennis Pro. XII. Tennis Pro shall provide adult supervision at Weeks Park Tennis Center during all open hours. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first written above. CITY OF WICHITA FALLS, TEXAS B Gerald G. Fox, City Manager ATTEST: City Clerk Tennis Pro Approved as to form: Assistant City Attorney i PARKS AND RECREATION DEPARTMENT Tennis Policies PURPOSE: To establish standard operating procedures and policies for Hamilton and Weeks Tennis Centers. RESPONSIBILITY : It shall be the responsibility of the Tennis Pros to insure that the contents of this directive are followed, by employees as well as participants. SCOPE: 1 . The Tennis Pros shall be responsible for recommending, maintaining, and supervising a wholesome and well-rounded tennis program whereby the citizens of Wichita Falls can be afforded an equal opportunity to participate in recreational and competitive tennis. Program shall include, but not limited to, the promotion and conduct of tennis tournaments , establishment and supervision of an instructional program, supervision of all play, promotion and conduct of clinics , publicity of the tennis program, and correlation of tennis activities with local schools and other tennis oriented organizations. 2. The Tennis Pros shall be contracted employees of the City of Wichita Falls and directly responsible to the Recreation Superintendent. Both Hamilton and Weeks Park Tennis Centers will have a Tennis Pro who is solely responsible for the operation of that center. 3. The Tennis Pros shall conform to all policies and procedures of the Parks and Recreation Department and the City of Wichita Falls therein now in effect or those adopted in the future. They shall abide by and enforce all rules applicable to the operation of the tennis program. 4. The City shall employ two part-time Tennis Supervisors at each center to assist in the operation of the pro shops. These Supervisors shall be directly responsible to the Tennis Pro. Each Tennis Pro shall employ one additional person for his center at the same rate of pay and qualifications , and all employees will have to be approved by both the Tennis Pro and the Recreation Superintendent before they are hired. The Supervisors must be at least 18 years of age, interested in tennis , knowledgeable of cashier procedures , and have a good personality in dealing with the public. The Supervisors shall work on a rotating basis inorder to have one person on duty at all times that the centers are open. The Supervisor shall be responsible for selling merchandise , collecting fees , taking reservations, general maintenance of the pro shop, and supervision of the pro shop and spectator area. 5. The hours of operation shall be 8:00 A.M. to 11 :00 P.M. , April through October and 9:00 A.M. to 9:00 P.M. , November through March, weather permitting. 6. There shall be a cash register maintained in the pro shop at each center provided by the City. All receipts from daily court fees , annual permits , tournament fees , sale of merchandise , lessons , and concessions shall be accounted for in the register. 7. Receipts shall be turned into the Parks and Recreation Office on Mondays and Fridays of each week without exception. 8. The daily court fees shall be $1 .25 per person for 1 1/2 hours on weekdays and $1 .50 per person for 1 1/2 hours on weekends and holidays. An evening fee of $1 .50 per person for 1 1/2 hours will be charged as follows : beginning at 8:00 P.M. March through October, and beginning at 6:30 P.M . November through February. Annual permit fees shall be $100.00 for a Family, $65.00 Adult, and $35.00 Juniors (18 and under) . 9. The City shall receive all daily court fees and annual permits , plus 5% from sale of merchandise, racquet stringing, and concessions; and 5% from all lessons. 10. The Tennis Pros shall be permitted to give lessons at either center, and only two courts total at a time will be utilized for this purpose. With the permission of the Recreation Superintendent, an employee of either tennis center may give, or assist with, lessons on conjunction with the lesson program set up by the pro at that center. The City shall receive 5% of all lesson fees plus a court fee from the person taking the lesson. Court fees will not exceed $5.00 total per court for group lessons. 11 . The Tennis Pros shall be responsible for scheduling all leagues and such schedules must be approved by the Recreation Superintendent before the league begins. Each person entering a league shall pay the City $1 .00 plus a court fee for each day they participate in the league. Leagues shall not use more than 4 courts at a time i,n order to leave courts open to regular play and shall be limited to six week sessions. 12. Tournament players shall pay a $1 .00 court fee for each tournament. The only exceptions to the tournament fees shall be the following: M.S.U. Fall Tournament, the W. F. Senior High Tournament, W. F. Junior High Tournament, and the Southwest Junior and Senior Tournaments. All other tournaments shall pay the above mentioned court fee rate including tournaments sponsored by the Tennis Pros. 13. All tournaments must be approved annually and formally requested at least three months prior to the tournament by letter to the Director of Parks and Recreation. All tournaments must be contracted in the Parks Office. 14. Tennis Pros shall not grant permission for any sales by outside groups at either center, without securing permission from the Recreation Superintendent. 15. The maintenance division of the Parks and Recreation Department shall be responsible for daily maintenance to the court and spectator area. The maintenance division shall perform maintenance tasks in the pro shop when requested by the Recreation Superintendent such as painting, repairs , or major cleaning tasks before tournaments. 16. The above stated tennis policies will be reviewed annually by the Parks and Recreation Department staff in order to maintain the best possible operating standards. /�v A G R L is ,i E N T THIS AGREEMENT entered into this day of 1978,, between the City of tigichita Falls, Texas, hereinafter called Lessor, and Continental Mortgage Investors , d/b/a Gateway Inn of Wichita Falls, hereinafter called Lessee. �Y I T N E S S E T H ANT EREAS, Lessor is the operator of an Airport located in l';ichita Falls , Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and; WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in Zonsideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree With each other as follows : I . Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee' s expense, a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room reservations and/or courtesy transportation to and from the Airport. II. The term of this lease will be for a period of one (1) year, commencing on the 15th of November , 1978, and ending on the 14th of November 1979. Lessee shall have an option to renew such lease for two (2) successive one (1) year periods, provided that the provisions of said lease shall be subject to re-negotiations at the end of any or each of said one (1) year terms . III. In consideration of the privileges granted to Less _>e herein, a total amount of Twenty-Five and No/100 Dollars ($25 .00)' shall be paid to Lessor in advance each month during the term of this agreement . • iv. It is further agreed by and between the parties hereto, after ninety (90) days from the effective date hereof, that either the Lessee or the r Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. Lessee shall, in case of fir6 or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs . 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 the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, opera- ting or removing said advertising sign and direct line telephone, or in any other way contributed to by the advertising sign and direct line telephone or operation connected therewith. VII . If default in payment of rent is made by Lessee, or if any other cov- enant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. -2- .IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. r CITY OF WICHITA FALLS, TEXAS : BY: Gerald G. Fox, City Manager ATTEST: Wilma J. Thomas, City Clerk LESSEE: BY. APPROVED AS TO FORM: H. P. Hodge, Jr. , City Attorney SCALE III =5001 I f N oR>ti S' At 1,10 ''ern;'`%%t'•.`.;57`:!:C%;7?; 5'.:r".•�;�`•r:'• IRRi LOCK-4 BLOCK 2.'.:. :...::.;.4,r_r. 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