Min 01/16/1979 98
Wichita Falls , Texas
Memorial Auditorium Building
January 16, 1979
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.
i
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 Jackie Ponder, Wesley Foundation.
Item 3
Moved by Alderman Adcock that minutes of the meeting held January 2, 1979, be
approved.
Motion seconded by Alderman McAlister, and carried unanimously.
Items 4a-8d
Item 6d was moved to the regular agenda.
-Item 4a
A transfer of 1977-78 appropriated funds from the Police and Fire Departments to
the Street and Sanitation Departments was requested.
✓ORDINANCE NO. 3413
AN ORDINANCE MAKING AN APPROPRIATION TRANSFER IN THE GENERAL FUND TO
ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays: None
Item 5a
A proposed resolution was presented authorizing a contract for three stream
measuring stations on Little Wichita River.
, RESOLUTION NO. 2275
RESOLUTION APPROVING CONTRACT WITH THE TEXAS DEPARTMENT OF WATER RESOURCES
FOR CERTAIN WATER RESOURCES INVESTIGATIONS
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT:
That certain contract, a copy of which is attached hereto, between the City of
Wichita Falls and the Texas Department of Water Resources , as participants in a
cooperative Water Resources Investigation Program sponsored by the Geological Survey
of the United States Department of the Interior, is hereby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays: None
99
Item 6a
The bid for an engine analyzer for Central Garage was awarded to Sun Electric
Corporation, in the amount of $6,572.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays : None
/ Item 6b
The low bid for a 1 ,000 gallon per minute fire truck was awarded to Fire Appliance
Company of Texas, in the amount of $69,495.28.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays : None
Item 6c
The low bid for an estimated annual supply of batteries was awarded to Batteries
Unlimited, Inc. , in the amount of $10,903.06.
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
,Item 7a
Authority was granted to advertise for an annual supply of fertilizer.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
Item 7b
Authority was granted to advertise for bids for construction of lighted ball field
at Bridwell Park.
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays : None
v Item 8
Minutes of the meetings of the following boards and commissions were received.
a. Board of Electrical Examiners - December 9, 1978
b. Traffic Safety Council - January 3, 1979
c. Traffic Commission - January 9, 1979
d. Mayor's Commission on Status of Women - November 2, 1978
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays : None
Vl�em 9a
Cleo Smith, an employee of the Police Department, was honored as Employee of the
Month for January. Mayor Hill presented her with a plaque and two tickets each to a
theatre and dinner.
Item 9b
A final report from the Citizens Advisory Committee on capital improvements program
was presented. Dr. Art Beyer thanked the city staff and media for their cooperation
during this study. The Mayor expressed their appreciation to Dr. Beyer.
City Manager Gerald Fox presented twelve separate issues, as follows , supported by
tax bonds totaling $9,400,000. He recommended that bonds be issued over a 3-year
period, stating that it would take an increase from 29 to 30 cents per $100 of assessed
valuation tax rate to support such bonds . He also recommended that $3,000,000 in
water and sewer revenue bonds be issued by the Board of Aldermen in May 1979 and May 1981 .
Water bonds would amount to $1 ,870,000, and sewer bonds would be in the amount of
$1 ,130,000.
1 . Storm Drainage Improvements $3,000,000
2. Street Improvements 2,000,000
3. Traffic Control Improvements 350,000
100
Item 9b, cont'd.
4. Park Improvements 11100,000
5. Swimming Pool Construction - Kiwanis and Jalonic Parks 300,000
6. Recreation Center - Kiwanis Park 850,000
7. Fire Substation and Equipment 300,000
8. Kemp Library Renovation 150,000
9. Police Station Renovation 150,000
10. Central Garage Addition 150,000
11 . Municipal Court, Office Annex and Parking 300,000
12. Sanitary Landfill , Land and Improvements 750,000
The committee recommended that a bond election be held on May 22. It was pointed
out that rate increases in both water and sewer would be necessary to support the
bonds, plus increases in our operating costs which we are experiencing each year.
Alderman Smith asked if this would include sewer service to the Seymour Highway, and
the City Manager stated that it does, in the amount of $400,000.
Alderman Smith also inquired concerning the street located next to Longhorn
Trailers. The City Manager explained that plans are being made to award a contract
for it in the assessment paving program this year.
Alderman Bassett asked the City Manager to indicate to the taxpayers what the
additional tax would be on homes; the estimated increase for water and sewer; and if
a hospital district is initiated what could we expect that increase to be? The City
Manager stated that on a $30,000 home, it would be assessed at $21 ,000 and the cost
would be 21 cents over what they are now paying. It would be very difficult to estimate
water and sewer rates here, but this information can be developed. Regarding the
hospital district, he believes it would be better to wait for the report on it.
Mayor Hill noted that there would be some questions as to why we would not put
this on the ballot with the regular municipal election. The City Manager stated that
the Council would have to make that decision; however, they should look at the number
of issues which would be on the ballot for the regular municipal election, such as
three council places and possibly some charter amendments. The Citizens Advisory
Committee felt that education of the voters on the bond issue would take more time.
Alderman Bassett suggested the date of March 20 for this election because this Council
has been exposed to these issues , and new members would not be familiar with it.
Moved by Alderman Bassett that the bond election be held on March 20, 1979.
Motion seconded by Alderman Smith.
Alderman Smith stated that he feels it would be a cleaner election to have it out
of the way before the regular election. Alderman Bassett stated that it would become
an election issue for candidates running for or against the bond issue, and the
sentiment of the people nationwide is to vote "no". There are twelve issues and
twelve controversies.
The motion failed by the following vote.
Ayes : Aldermen Bassett and Smith
Nays: Mayor Hill , Aldermen McAlister, Russell , Thomas, and Adcock
Moved by Alderman Thomas that the bond election be held on May 22, 1979.
Motion seconded by Alderman McAlister, and carried unanimously.
Item 9c
Dr. Leo Sabota, Chairman of the Charter Revision Commission, presented their
recommendations to be considered for a charter election, as follows .
I . Delete requirement that annual budget not be adopted until one week
after fiscal year begins.
2. Change time of newly elected officers to be sworn in from 8:00 P.M.
on Monday following the election to the next regular or special meeting
following the election.
3. Change the requirement of full publication of a penalty ordinance to
publication of the caption and penalty provisions only.
4. Eliminate Section 139 regarding damages, which are no longer legally
binding, and substitute conformance to state law and City Code of
Ordinance requirements concerning notification.
101
Item 9c, cont'd.
`f Moved by Alderman McAlister that the four proposed charter changes be adopted, and
submitted to the voters on April 7, 1979.
Motion seconded by Alderman Thomas, and carried unanimously.
Dr. Sabota suggested that the Charter Revision Commission be retained for further
study of any issues which may surface later. Alderman McAlister concurred with this
recommendation.
- Items 9d, e, f
Harold Thomas, Roger Lee, and Cliff Robertson were unable to be present for their
respective presentations as past members of the Traffic Commission and Park Board.
C. 0. Morgan was presented a plaque for his service on the Aviation Advisory Board.
-I tem 10a
A proposed ordinance was presented temporarily closing Seventh Street at the
Fort Worth and Denver Railraod crossing.
ORDINANCE NO. 3414
ORDINANCE AUTHORIZING TEMPORARY CLOSING OF 7TH STREET AT THE FORT WORTH AND
DENVER RAILROAD CROSSING FROM JANUARY 15, UNTIL MARCH 2, 1979.
Moved by Alderman Bassett that Ordinance No. 3414 be passed.
Motion seconded by Alderman Thomas , and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays: None
Item 10b
Discussion was held on a proposed ordinance regulating burglar and robbery alarms.
No action was taken; however, some thoughts were presented.
William B. Berlin, Sikes Senter Manager, stated that he felt a $200 fine was
somewhat severe for both the store owner and the company installing them. He mentioned
mechanical failures, birds, rodents, etc. , which can make an alarm go off. It was
noted that the maximum fine is $200, and the penalty does not go into effect until
the fourth false alarm. Chief Harrelson desired more meetings with the alarm companies.
Thomas Johnson, of Wichita Falls Savings , would like to see the termination point
retained at the police station. He would be willing to pay a monthly charge. Chief
Harrelson explained that 32 alarms are presently terminated in the police station.
There is no more room available, plus a cost and security factor involved. Several
businesses in town provide this service quite adequately. Police respond to the alarm
whether it terminates in police headquarters or the private business.
Item 10c
A proposed ordinance was presented increasing the number of civil service positions
in the Police Department. An increase of five officers funded by the Office of Traffic
Safety would permit the selective traffic enforcement program to be carried out on a
full time basis as opposed to the present overtime method, which is a voluntary program.
t ORDINANCE NO. 3415
ORDINANCE AMENDING SECTION 24-21 OF THE CODE OF ORDINANCES TO INCREASE THE
NUMBER OF POLICE SERGEANTS AND POLICE OFFICERS.
Moved by Alderman Smith that Ordinance No. 3415 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes : Mayor Hill , Aldermen Bassett, Russell , Smith, Thomas, and Adcock
Nays: Alderman McAlister
102
Lr. Item IOd
A proposed ordinance was presented to authorize Sunday opening for domino parlors.
;,ORDINANCE NO. 3416
i
ORDINANCE AMENDING SECTION 25-40 TO ALLOW DOMINO PARLORS TO OPEN AT NOON
ON SUNDAYS.
Moved by Alderman Thomas that Ordinance No. 3416 be passed.
Motion seconded by Alderman Russell .
Discussion was held on whether the City needs an ordinance regulating domino
parlors. A motion was made and seconded to do away with the ordinance, but was withdrawn
'' so that all amusement type regulations could be studied.
The motion was carried by the following vote:
Ayes:. Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, and Thomas
Nays : Alderman Adcock
Item 10e
A proposed ordinance was presented waiving side minimum setback requirements on
Lot 19, Block 2, Cannon Park Addition, for Joe Cadle. Mr. Cadle will purchase the
City property between his property and the right-of-way of Underwood Street, and move
his building.
ORDINANCE NO. 3417
AN ORDINANCE WAIVING SIDE MINIMUM BUILDING SETBACK LINE REQUIREMENTS
ON A CERTAIN LOT IN THE CANNON PARK ADDITION OF THE CITY OF WICHITA FALLS,
TEXAS.
Moved by Alderman McAlister that Ordinance No. 3417 be passed.
Motion seconded by Alderman Russell .
Alderman Adcock stated that we are doing an injustice to Mr. Tullis, who has
asked for identically the same thing, and has been turned down. Concern was expressed
by Mayor Hill on the frequency of these violations of our building code.
The motion was carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
Item lla
A proposed resolution was presented authorizing the City Manager to execute a
contract for consulting engineering services on landfill study.
RESOLUTION NO. 2276
RESOLUTION APPROVING AGREEMENT WITH HENNINGSON, DURHAM & RICHARDSON, INC.
OF TEXAS FOR ENGINEERING SERVICES FOR SANITARY LANDFILL STUDY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain agreement, a copy of which is attached hereto, between the City of
Wichita Falls and Henningson, Durham & Richardson, Inc. of Texas, under which such
consulting engineering firm shall furnish engineering services with regard to a sanitary
landfill study and site selection, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
Moved by Alderman Bassett that Resolution No. 2276 be passed.
Motion seconded by Alderman Smith.
Alderman McAlister inquired if the idea of changing the flow of the river at the
site of the present landfill had been or would be investigated? Ernest Lillard stated
103
Item lla, cont'd.
that it would be investigated; however, there is a problem with the water table in
that area. Substantial costs would be involved in re-routing the river. They will be
looking at five alternate sites. Federal and state regulations are very complicated
to be able to meet requirements for granting a permit to build a landfill .
The motion was carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
Item llb
A proposed resolution was presented authorizing the City Manager to execute first
amendment to lease with SMB Stage Lines at Municipal Airport for increased landing fee
and rental charges.
RESOLUTION NO. 2277
RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT AND LEASE OF PREMISES AT
MUNICIPAL AIRPORT WITH SMB STAGE LINES, INC.
WHEREAS, heretofore the City of Wichita Falls and SMB Stage Lines, Inc. entered
into an Agreement and Lease of Premises at Wichita Falls Municipal Airport, and the
parties desire to amend such Agreement and Lease to change the landing fees and rental .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain First Amendment to Agreement and Lease of Premises at Wichita Falls
Municipal Airport between the City and SMB Stage Lines, Inc. , a copy of which is
attached hereto, 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. 2277 be passed.
Motion seconded by Alderman Adcock, and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays : None
Item llc & d
Proposed resolutions were presented authorizing the City Manager to execute
advertising leases at Municipal Airport with Holiday Inn Downtown and Trade Winds
Motor Hotel .
RESOLUTION NO. 2278
RESOLUTION APPROVING AGREEMENT WITH THE HOLIDAY INNS, INC. , THROUGH ITS
SUBSIDIARY, INN OPERATIONS, INC. , FOR ADVERTISING SPACE IN THE CLAIM BAG
AREA OF THE TERMINAL BUILDING AT MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain agreement, a copy of which is attached hereto, between the City and
The Holiday Inns, Inc. , through its subsidiary, Inn Operations, Inc. , for advertising
space in the claim bag area of the terminal building 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. 2278 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes : Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
RESOLUTION NO. 2279
RESOLUTION APPROVING AGREEMENT WITH KILLARNEY CORPORATION D/B/A TRADE WINDS
MOTOR HOTEL FOR LEASE OF ADVERTISING SPACE IN CLAIM BAG AREA OF TERMINAL
BUILDING AT MUNICIPAL AIRPORT.
104
Item llc & d, cont'd.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain agreement, a copy of which is attached hereto, between the City of
Wichita Falls and Killarney Corporation d/b/a Trade Winds Motor Hotel for advertising
space in the claim bag area of the terminal building at Municipal Airport, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
i
Moved by Alderman Thomas that Resolution No. 2279 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
Item lle
Discussion was held on a request by the Red River Authority of Texas to purchase
150,000 gallons of raw water per day to serve Lake Arrowhead.
Fred Parkey appeared as General Manager of the Red River Authority, stating that
there are two or three items which he would like to discuss with their attorneys.
Discussion centered around the enforceability of Section 2.0 dealing with the price.
Alderman McAlister stated that he does not believe we should sell any more water until
we resolve our rate making authority, and that all requests for water should be
analyzed at one time. Mr. Parkey stated that if their application is not in by
February 1 , they will probably not be eligible for a grant of about $175,000, and
it will delay their program for more than a year if it is not approved today.
A motion was made by Alderman Smith to approve a water purchase contract with
Red River Authority, but it failed for lack of a second.
/Item llf
A proposed resolution was presented expressing continued support of Holliday
Creek project.
v�RESOLUTION NO. 2280
RESOLUTION REAFFIRMING THE CITY'S SUPPORT OF THE U.S. ARMY CORPS OF
ENGINEERS HOLLIDAY CREEK PROJECT.
WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore
expressed its approval and support of the U.S. Army Corps of Engineers Holliday
Creek Project, for the reason that such project will alleviate injuries to persons
and damages to property caused by the flooding of Holliday Creek.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The Board of Aldermen does hereby reaffirm its full support of this Corps of
Engineers Holliday Creek Project, and request that the Texas Water Development Board,
a division of the Texas Department of Water Resources, make a favorable report of this
project to the Governor of the State of Texas.
Moved by Alderman Russell that Resolution No. 2280 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
Item 11g
A proposed resolution was presented authorizing the City Manager to submit an
application for a youth conservation corps project.
RESOLUTION NO. 2281
RESOLUTION AUTHORIZING APPLICATION OF TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
FOR A YOUTH CONSERVATION CORPS PROGRAM.
105
Item llg, cont'd.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain application dated January 10, 1979, between the City of Wichita Falls
and the Texas Department of Community Affairs , providing for a Youth Conservation
Corps program during the summer of 1979, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls. Under this program, a
certain number of teenage youth will be employed to clean and improve the banks of
Holliday Creek in and around the Weeks Park area; eighty percent of the cost will be
borne by the Department of Community Affairs, and twenty percent will be borne by the
City. Upon receipt of notification of approval of this project, the City Manager is
hereby authorized to execute the necessary contract documents with the Texas Department
of Community Affairs to complete this project.
Moved by Alderman Bassett that Resolution No. 2281 be passed.
Motion seconded by Alderman Smith, and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas , and Adcock
Nays: None
v� Item 12a
Bids were received on sanitation department containers. Each of the three bids
contained exceptions to the specifications , and it was recommended that all bids be
rejected, and that authority be granted to readvertise for bids.
Moved by Alderman McAlister that bids be rejected, and authority granted to
readvertise for bids.
Motion seconded ,by Alderman Adcock, and carried unanimously.
Item 12b
A proposed resolution was presented authorizing the City Manager to execute
contracts for construction of the Farmer's Market.
RESOLUTION NO. 2282
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TRADE CONTRACTS AND
PURCHASE AGREEMENTS FOR CONSTRUCTION OF THE FARMERS MARKET.
WHEREAS, the City of Wichita Falls has previously advertised for bids for general
contractors for construction of the Farmers Market; and,
WHEREAS, the bids we received were 50% higher than the available funds; and,
WHEREAS, the City, choosing to act as its own prime contractor, hired a construction
manager; and,
WHEREAS, bids were opened for the trade contracts on December 21 , 1978.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, THAT:
The bids as indicated below are accepted, and the City Manager is authorized to
execute the following trade contracts and purchase agreements:
Steel erection Jim Martin Construction Company $17 ,600.00
Steel panels, erection Jerry Jones Steel Buildings 5,000.00
Concrete, labor only Perez Brothers 13,000.00
HVAC/plumbing Palco Mechanical Contractors 24,651 .00
Electrical Ace Electrical 16,340.00
Brick, labor only Johnny Jones 15,000.00
Painting Paul 's Painting 2,804.00
Glass and glazing Barnett Glass 2,700.00
Restroom tile B & R Tile 1 ,550.00
Structural steel Robberson Steel 63,620.00
Steel panels Jerry Jones Steel Buildings 23,341 .00
Hardware Reese Builder's Hardware 3,500.00
Bricks Featherlite Corp 11 ,036.76
106
Item 12b, cont'd.
Moved by Alderman McAlister that Resolution No. 2282 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith, Thomas, and Adcock
Nays: None
✓"Item 12c
A proposed resolution was presented awarding the contract for construction of
baggage claim area at Municipal Airport.
I
RESOLUTION NO. 2283
RESOLUTION AWARDING CONTRACT TO BOBBY WALLACE CONSTRUCTION COMPANY FOR
CONSTRUCTION OF IMPROVEMENTS AT WICHITA FALLS MUNICIPAL AIRPORT TERMINAL
BUILDING.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction of
improvements at Wichita Falls Municipal Airport Terminal Building; and,
WHEREAS, three bids were received, and it is found that the bid of Bobby Wallace
Construction Company, consisting of a base bid of $111 ,674 with Alternate 3 and Alternate
5 making the total bid $112,234, is the lowest and best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of Bobby wallace Construction Company in the total amount of $112,234,
consisting of the base bid and Alternate 3 and Alternate 5, is hereby accepted subject
to the concurrence of the Federal Aviation Administration, and the City Manager is
authorized to execute for the City of Wichita Falls a contract with Bobby Wallace
Construction Company in the amount of $112,234 for the construction of such improvements.
Moved by Alderman McAlister that Resolution No. 2283 be passed.
Motion seconded by Alderman Russell , and carried by the following vote:
Ayes: Mayor Hill , Aldermen McAlister, Bassett, Russell , Smith , Thomas, and Adcock
Nays : None
✓Item 6d
Discussion was held on award of bids for tires and tubes. Three bids were
received; however, Gulley Tire Company was the only bidder who bid all items, as
requested. The other two bidders only bid on certain line items. Aldermen Smith and
Bassett noted that Gulley Tire Company is the only one who bid all items as was stated
on the bid document to bid. We need to protect our bidding procedures and remain
consistent. Alderman McAlister felt that since bids were on line items it would be
acceptable.
A motion was made by Alderman Thomas to reject all bids and readvertise, but was
withdrawn.
Moved by Alderman Bassett that the bid be awarded to Gulley Tire Company in the
amount of $89,057.02.
Motion seconded by Alderman Smith, and carried by the following vote:
Ayes: Mayor Hill , Aldermen Bassett, Russell , and Smith
Nays: Aldermen McAlister, Thomas, and Adcock
Item 13a
Mr. Howard Hallmark has resigned from the Design Review Commission, and a replacement
is needed.
Moved by Alderman Thomas that Richard H. Higgins be appointed to the Design Review
Commission for a term to expire December 31 , 1980.
Motion seconded by Alderman Adcock, and carried unanimously.
107
Item 13b
Mr. Frank Mackey, of Batteries Unlimited, asked for clarification on who received
the bid for batteries. Alderman Thomas stated that he did.
Jimmy Goins appeared, stating that he needs more time to move his salvage at
Duncan and Reilly. (This was on a public hearing for demolition of hazardous structures
on August 1 , 1978) . It was noted by the City Attorney that some type of court action
was involved here. The Council desired full information on it, and stated that they
would discuss it at the council meeting on February 6.
The City Manager noted that public hearings on Community Development Block Grants
would be held on February 6, 7 , 8, 13, 14, and 15. Two council members will attend
each public hearing.
V, Mayor Hill congratulated Stephen Ondrejas on his new position with the City of
Ft. Worth.
The Board of Aldermen adjourned at 12:15 P.M.
PASSED AND APPROVED this � � day of 1979.
MAYOR
ATTEST:
CITY CLERK
-y/ a
/v 4 Y
XL v
� v
STATE OF TEXAS Texas Department of Water Resources
COUNTY OF TRAVIS TDWR Contract No. 03-97E4
The Texas Department of Water Resources, hereinafter referred to as the
"Department" and City of Wichita Falls
a duly orqanized political subdivision of the State of Texas , hereinafter referred
to as "Cooperator" , as participants in a Cooperative Water Resources Investigation
Program sponsored by the Geological Survey of the United States Department of the
Interior, hereinafter referred to as the "Survey", hereby make the following
contract and agreement:
1 . The Department, or the Survey at the instance of the Department, shall
perform the investigations listed in Attachment No. 1 , which is made a part hereof,
pursuant to the master agreement covering same between the Department and the
Survey entitled "1979 COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER
RESOURCES IN TEXAS" and Memorandum of Cooperative Agreement, a copy of which is
attached hereto and made a part hereof for all purposes, as Attachment No. 2,
dated 10/4/78 , from Mr. I . D. Yost, District Chief, hater Resources
Division of the Survey, to the Department.
2. The estimated cost of the listed investigations is $9,000 ,
of which the Cooperator shall remit to the Department the sum of $3,690 ,
on demand after the 1st day of September, 1978, but under no circumstances later
than February 28, 1979.
3. In the event the funds or technical services are not available for the
Department's share 'of the costs, this agreement shall be null and void, and any
funds contributed by the Cooperator shall be refunded in full . This agreement
shall not be construed as creating any debt by or on behalf of the State of Texas
or the Texas Department of Water Resources .
4. In the event of major damage to any of the stations listed in Attachment
No. 1 by floods or other causes, or in case it becomes desirable to move a station
or stations to a new location, the cost of :repairinq such damage or movinq such
station will be mutually aqreed upon by the parties hereto, and the Cooperator,
if sufficient funds are available, shall contribute on the same basis as for other
work provided herein.
5. If the Cooperator fails to pay the Department the amount of money agreed
upon in Paragraph 2 of this contract on or before February 28, 1979, the Department
shall have the option to cancel and terminate this contract by written notice to
the Cooperator. If this contract is so cancelled and terminated prior to August 31 ,
1979, the Cooperator will be obligated to pay the Department for that portion of
the contract price which the work and services already performed bears to the total
work and services required under the contract, less any payment previously made
or, as appropriate, the Department shall refund the unexpanded portion of the
Cooperator's contribution or the portion thereof which the Department is not
obligated to expend on work preformed up to the date of termination.
6. This agreement may be amended by mutual written agreement of the
parties .
7. This agreement supersedes every previous cooperative contract between
the Department and Cooperator.
In !fitness Whereof, the parties have caused this contract and agreement
to be duly executed in triplicate, this 1st day of September, 1978.
CITY OF WICHITA FALLS TEXAS DEPARTMENT OF WATER RESOURCES
COOPERATOR
By: By:
Gerald G. Fox ,--Harvey Davis
City Manager Executive Director
Or
A United States Department Of the Interior
", . •.�,,_,, GEOLOGICAL SURVEY
WATER RESOURCES DIVISION
FEDERAL BUILDING
300 EAST 8TH STREET
AUSTIN, TEXAS 78701
e
August 1, 1978
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ATTACHMENT NO. 1
Description of work and funding for water-resources investigations under
cooperative agreement between CITY OF WICHITA FALLS, Texas Department
of Water Resources, and U.S. Geological Survey for the State fiscal year
ending August 31, 1979.
Program Description
I. Surface-Water Investigations
A. Operation and maintenance of the following streamflow
ANN and reservoir-content stations:
07314500 Little Wichita River near Archer City, Tex.
r
07314800 Lake Arrowhead near Henrietta, Tex.
07314900 Little Wichita River above Henrietta, Tex.
TOTAL 1979 PROGRAM COSTS----------------------$9,000
City of Wichita Falls share------$3,690
TDWR share----------------------- 810
Amino USGS share----------------------- 4,500
..=Mo■
ernterior United States Department of thOMEN
. 1, GEOLOGICAL SURVEY
WATER RESOURCES DIVISION
FEDERAL BUILDING
300 EAST BTH STREET
AUSTIN. TEXAS 78701
t
ATTACHMENT NO. 2
October 4, 1978
Memorandum
To: C. R. Baskin, Director, Data and Engineering Services Division
Texas Department of Water Resources, Austin, Texas
From: I. D. Yost, District Chief, Water Resources Division
Austin, Texas
Subject: Cooperative Agreement: Texas Department of Water Resources and
U.S. Geological Survey, 1979 fiscal year
ending August 31, 1979
The CITY OF WICHITA FALLS (Cooperator) ,
Texas Department of Water Resources, and the U.S. Geological Survey have
a water-resources investigational program described in Attachmen- No. 1.
mom Please include this program in our Cooperative Agreement for water-
resources investigations in Texas for the fiscal year 1979.
t The Contract and Agreement between the Cooperator and the Texas Department
of Water Resources (Department) should be hound by the following terms and
conditions:
1. The Department agrees to cause the Survey to conduct the
investigations described in Attachment No. 1 and furnish
the Cooperator copies of the information and records thus
obtained.
2. In the event of major damage to the hydrologic station
facilities by floods or other causes, or in case it becomes
necessary to move the facilities, it is agreed that costs
involved will be mutually agreed upon by the parties hereto
and shared by them on the basis indicated in Attachment No. 1.
3. It is further agreed that with advance written notice and
mutual understanding by each party, the Contract and Agree-
ment may be amended to exclude work being done or to
include additional work and funding adjusted accordingly.
F
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4. ' The program cost is $ 9,000 Of this amount $ -0-
�� is allotted to ground-water investigations; $ -0-
is allotted to surface-water quality investigations;
and $ 9,000 is allotted to surface-water quantity
investigations.
s 5. The Survey will contribute $ 4,500 of these costs; the
Department will contribute $ 810 of these costs in
' Technical Services and contract with the Cooperator to
� obtain the remainder of these costs, or a sum of $ -3,690
to conduct the investigations for the period
+ September 1, 1978, to August 31, 1979.
Please furnish me one copy of the Contract and Agreement between the
Department and the Cooperator.
•.7+�iM!
I. D. Yost
dMW
Attachment
cc: Joe C. •Smith, Dir. of Utilities, Wichita Falls, Tex.
bcc: J. 0. Joerns, USGS, Wichita Falls, Tex.
CRG:mlb
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f. '
AGREL:NNT FOR ENGi\f ERIN6 sEvviChS
STATE OF TEXAS
COUNTY OF WICKTA
THIS AGREEKIENT made, entered into and executed this the day of
_ 1978 by and between the CITY OF WIQITA FALLS, hereinafter
called the "Owner", acting herein, by and through its Officials , who are duly
authorized so to act for and in behalf or said Owner, and HENNINGSON, DURHA,%!
& RICHARDSON, INC. OF TEXAS, of Dallas, Texas, hereinafter called the
"Engineer", acting herein, by and through its Officers, who are U'uly au-
thorized so to act for and in behalf of said Lngineer.
WITNESSETH, that whereas the Owner intends to develop and construct sanitary
landfill facilities, hereinafter called the "Project
NOW, THEREFORE, the Owner and the Engineer, in consideration of the
mutual covenants and agreements herein contained, do mutually agree
as follows :
SECTION I - EMPL0YNENT OF ENGINEER
The Owner agrees to employ the Engineer, and the Engineer agrees to
perform professional engineering services in connection with the Project
as stated in the sections to follow, and for having rendered such ser-
vices, the Owner agrees t0 pay to the Lngineer M-11 )cnsation as stated
In the sections to foVo .
SECTION 11 - I';ORK ORDLPS
The total of all work to be performed under this Agrccocat shall be
divided by the Owner and shall be authorized by the Owner in ',,rising
to the Engineer in the Corns of Work Orders. Sucn 'r,ork Orders shall
be serially .,uMered tl<'11c _:.._. l _ e1 _.,_ hL, 2...
the scope and limitation. of the engineering services describe& by
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the Owner thereunder, a ld ;ha 1 i SK W the fee basis , source Of funding,
invoicing procedures, apProxi-matc total amount uf chgIncering fec,
and approximate date of ccr� leti_on of t}Ie :;c:rv:cr:, .�uti�ori ed.
1�hcrc
applicable, Work Orders shall show the estimated cost of the construc-
tion work for which engineering services arc being authorized.
The Engineer shall acknowledge receipt and acceptance of each Work
Order in writing or reject same, stating the reasons therefor. No
Commitment shall have been made by the owner J and the Engineer is
under no obligation to colr�mence tl;c work, until such a Work Order has
been made by the owner and accepted by the En,incer, both in writing.
SECTION III - CHARACTER AND UTENT OF SLRVIC'ES
The Engineer shall render the following; professional services necessary
for the development of the proloct.
A. Preliminary Phase :
1. Attend preliminary conferences with the Owner regarding
the project;
2. Obtain and review avaiiahic Kicr,ita Falls, Iowa Park and
Burkburnett records of solid waste disposal operations cur-
rently being conduct" for municipal and industrial solid
waste to determine the current incOmi ng volume of waste.
3. From population projections furnished by the respective
Cities, calculate the cxPcctcd vOlune of solid waste to be
received at a solid waste facility over the nest twenty (20)
year period.
4. From the Engipeer, s experience, evaluate recent and continuing
technological develOi> "L s for nsint so: Id waste as an energy
source and determine their
5. Determine site capacity requirencnts .o , rcvide a t'.;cnty (20)
year site MO .
O .
ct, SU: _C1CI',t
copies of the preliminary studies and report .
B. Site L,v;ilu;ili.on :
1. Perform preliminary engineering; studies and prepare necessary
solid waste technical data to enable the Hwncr to _evaluate
various sites.
2. Prepare necessary cost data to enable the owner to evaluate
the sites from an economic viewpoint.
3. Assist the Owner in selecting a site for development.
C. Site Development :
For the Site selected by the Owner for development, the Engineer
shall .
1. Arrangc•for and assist in evaluation of any soil borings taken,
and review the results tO determine the classification of
the type and depth o; each soli strata and the depth OT the
water table.
2. Analyze the surface and subsurface survey data of the site,
prepare a rough final use plan for the site, and calculate the
waste capacity of the site.
3. Prepare a site developmcno pia:" showing proposed site entrance,
permanent and tcmYWOU Oz-site; roadways , scale house location
a I � = t10I'i
and utility requirements,
4. Prepare an operational plait showing soil Cover requirements
and facilities rccuircd for proper litter control , site screen-
ing, water pollution control, ano erosioa Control .
S. Prepare the necessary applications to tihn . wxso Department Of
Health along with necessary support infurna Lion.
6. Attend the necessary public hearings and Justify on behalf of-
the O�,mer concerning the proposed site a;d a55oCiatCu engineering
data.
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7 . Assist in the preparation of a draft
copy of a contractual agreement between
the Cities of Wichita Falls, Burkburnett
and Iowa Park and Wichita County. Such
agreement shall outline the participation
of each entity entering into the project
regarding:
a. Site selection and evaluation
Consulting Engineering cost.
b. Ownership of the disposal facilities.
C. Development of the site to meet
all permit requirements.
d. Procedure for establishing and
distributing the annual operating
cost.
e. Method of final disposition of
completed site.
UC1'ION 1V - i� :Rl�)1� br NFRV,,F
The- services caEled for in Section 11I-A (Preliminary Phase) of this
agreement shall be completed and the report sub„ittee within the
earliest reasonable period fo110win, the receipt by the Engineer of
notice to proceed.
Upon written authorization from the Owner, the Engineer will proceed with
the performance of the services called for in Section II1-0 (Site Evaiva-
Lion) such complete the site selection procedures in a timely manner.
After the site has been selected and upon written authorization by the
O;ti,ner, the Engineer will proceed with the performance of the services
called for in Section III-C (Site Development) .
i
SECTION V - COORDINATION WITH THE Os;Nq
The Engineer shall hold periodic conferences with the Owner, or his
representatives, to the end that the Project, as ,perfected, shall have
full benefit of the on?Or 's experience and Know1cUE,e of existing needs
and facilities and to be consistent with his current policies an;:
construction standards. TO implement this coordination,. the Owner
shall make available to the Ensincerc ���t� �,�:_;_t,_�}i �g, •jt }�i
existing plaits, leaps, field notes, statistics, com-
putations and other Cana in his possession relative to ex,sn,n; fac,1,t,cS
and to the Project, and the furnishing by the Owner of any such in=or-
mation shall constitute its warranty as to the accuracy thoreof.
SECTION Vi BASIS OF GKPENSATIO.;
For and in consideration of the services to be renjered by the Lnbineer,
the Owner shall pay, and the Lngincer shall receive, the Tecs herein_
after set forth for each of the ph"bos of jKc 40rn.
"Salary
Cost" ...s K i h.:ll u i i
of
men, stenographers, su','vCymcn, cler's, "crcu etc for time directly
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chargeable to the profC:ct , Plus SociAL sc urity" cont.iIb,tlOns, ..CMPIOy•-
meat excise and payroll to,,,, uncwp ioymcnt cnIl:pen a t i Oil insurance, re-
tirement benCfit s, mod ical and ilia l': I1CC bcl,c l.lt� i ck leave, vacation
and holiday pay applicable thereto.
"Subcontract Expense" is that incurred by the Engineer in employment Of
consultants in specialized fields and outside firms for services in the
nature of foundation borings and testing, aerial photography, surveying
and similar services,
"Direct Non-Labor Expense" for any assignment is that incurred by the
Engineer for supplies, transportation, equipment, travel , communications,
�unications,
subsistence and lodging away from horse, and similar incidentals in con-
nection with that assignment.
A. Preliminary Phase:
Payment for services in the Preliminary Phase shall be on a
monthly billing basis for either a lur;p sum amount or a per
diem rate of salary Cost of personnel times a multiplier Of 2.S,
with reimbursement for direct mon_labor an& subcontract expcoses at
invoice cost plus twenty percent (20%) scrvicc charge. The Work
Order shall specify the payment basis.
B. Site Evaluation Phase:
payment for services in the Site Evaluation Phase shall e on a
months biliin
Y g basis for cr either a jump su;,l arlo"nt or a per
diem rate 0'f salary cost Of personnel tildes a iiunipilcr Of 2 S,
With reimbursement for direct non-iabol and subcontract expenses at
invoice cost plus twenty perccnt (20%) service charge. The Nor
Order shall specify the payment: basis.
C. Site Devcio; pent I'hn,,:
Pa..._ ,. .. ,
—6—
111011t}lly � lllln�� basl.s iOr Clt{1C1' a illlll�i) Sllill ;ihi(11,I1t or a per,
diem rate o salary cost of
With rcimbur5cmcl1t fOr U1rec ilOn-lat'.l)1' ?i1C Sll�)l:0ilt1'<lCt C\�1CiiSCS <<t
invoice cost plus twenty percent (20'.j service charge. "she 'Work
Order shall specify the pa),-mcl,t basis.
Additional Services and Chal-ges (Not included in Basic Services
and Basic Charges) :
Additional services to be performed 'Dv the inbineer, it aut,wrized
by the Owner, which are not included in tale above described Phases,
and their basis of charges arc described as foilol:s:
1. Additional Services
a. Field surveys and other field invcsti�,at.i.ons;
b. Field layouts, and services of resident Protect
Representative durinb construction;
c. Investigations invclvi;,g dctai].cd collsidcration or
operation, maintenance and overhead expenses; and
the preparation of rate scilcdulcs, car,^,ing and
CXpense statC"mcnts, 1Caslbiilt)' :;tu<iles, appralsal5,
ValUatlOnS, i155CSSi1lCllt sCf1Cd111C5, ai1Ci iilltCrlal aUdltS
OI' 1.11vellt0."les rcU,Uir(: i for of force
accckwt co;lstructlo11 pe:formed by
—7—
J/ .
d. D1ai.inl; necessary land surveys, establishing boundaries
and monuments, and preparing; deed, right.-qf-way and
easement descriptions;
e. Preparation of applications and supporting documents
for Federal aid programs and State assistance and
permits not noted in the basic services;
f. Preparation of any required operation and maintenance
manual or environmental impact assessments or state-
ments; or performing operator training.
2. Basis of Charges
At a per diem rate of personnel salary cost times a multiplier
of 2.5, with reimbursement for direct non-labor expense and
subcontract expense at invoice cost plus a twenty percent
(20 0) service charge.
E. Interest on Delayed Pavn,erlts :
Any payments, not in dispute, not made within sixty (60) days on
statements rendered in accordance with the above provisions shall
be subject to a charge for interest at the rate of ten percent (l00)
per annum, beginning sixty (60) days from the date of the statement.
F. Services Not Included:
The Engineer' s services will not include the sa;npiing and testing of
materials, such as soils, concrete, reinforcing steel, sewage
samples, etc. , as this is a service rendered by co,-cjnercial testing
laboratories; however, the Engineer will reco, ,ricnd the type and
number of such tests to the Owner and recommend testing agencies to
perform this function. The Engineer will assist in planning soil
borings, foundation investigations, and samples and tests as may
be required and in arranging for such services to be performed
on behalf of the Owner.
G. The basic charges payable to Engineer as set out in
Paragraphs A, B and C of this Section VI shall in no event
exceed the sum of $25, 000.
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SECTION VII - OwNnnSHIP OF DOCUKENTS
Original documents, plans, designs and survey notes developed in connection
With services performed hereunder belonj to, and remain the property of the
Owner, in consideration of which it is mutually agreed that the
0wncr will
Use them solely in connection with the Project, save with the express con-
sent of the Engineer. The Engineer may retain reproducible copies of such
documents.
SECTION VIII- TER;II;dATI ON
The Owner may terminate this agreement at any time by a notice in writing
to the Engineer. Upon receipt Of such notice, the Engineer shall, unless
the notice directs otherwise, immediately discOntinue all services in
connection with the performance Of this agreement an& shall proceed t0
cancel promptly all existing Orders and contracts insofar as such orders
or contracts are chargeable to this agreement. As soon as practicable
after receipt of notice of termination, the Lngincer shall submit a state-
mcnt showing in detail the actual norvicus PCl'10rC Y6 under this agreement
------------to the QUO Of tcumination. The, l tl.<<,n ply the l:nj,inccr promptly
that proportion of the prescribed fee for which the reasonable value
(quantum) of the services actually performed under this agreement bear to
the reasonable value of the total services called for under this agreement,
less such payments on account of the fees as have been previously made.
Copies of all completed or partially "Pictk desi;ns, plans and specifi-
cations prepared under this agreement shall be. 1014cred to the Owner when
and if this agreement is terminated, but subject to the restrictions as to
their use, as set forth above.
SECTION IX- SUCCESSORS AND ASSIGN; EN TS
The Owner and the Engineer each binds himself and his successors, executors,
administrators and assigns t0 the Other party of this agreement and t0 the
successors, executors, administrators and assigns 01 such Other party, in
respect to all covenants Of this agreement; cxcePt ws above, neither the
Ow11er nor the Engineer shall assiaA, sublet Or trdzy er his interest in
this agreement without the written consCllt of the Other. Nothing herein
shall be constrood as crclinn
officer or agent Of the Owner.
IN TESTIMONY OF 1','E11Cp this instrument has been executed on behalf Of-
the above Ilamed Eng1-ncer and has becn cxocut,� Ji�, ;iCl' .__
in six (6) counterparts each of oquai force, .i t:: a Una "cay yi v �-ir
above written. —9—
i'(;C;iiITr\ FALLS, U15
s}•
Attcst
Date
"Enr,inccr"
fiL:�;NINGSON, DURf-IAA-, RICHARDSON, !,NC.
OF
By
iouCr IIQS;an i G.
Lxecutivc \ �Ce Pr�S�de%t
Attest
Date
Approved as to
Attorney for the Owner
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FIRST AMENDMENT TO AGREEMENT
AND LEASE OF PREMISES AT
WICHITA FALLS MUNICIPAL AIRPORT
This First Amendment to Agreement and Lease of Premises
at Wichita Falls Municipal Airport made and entered into this
the day of January, 1979 , by and between the City of Wichita
Falls , Texas, hereinafter called City, and SMB Stage Lines , Inc. ,
a Missouri Corporation, hereinafter called Airline,
WITNESSETH:
WHEREAS , heretofore City and Airline entered into an
Agreement and Lease of Premises at Wichita Falls Municipal
Airport dated November 4 , 1976 , and the parties hereto desire
to amend such agreement and lease.
NOW, THEREFORE, for and in consideration of the mutual
convenants herein contained, the parties hereto do hereby agree
as follows :
1. The first sentence of paragraph (A) of Article III -
Landing, Ramp and Terminal Fees of such Agreement and Lease
is amended to read as follows :
If
(A) Landing Fees : Airline shall pay City $1. 83 per
landing plus $ . 105 per thousand pounds of FAA approved maximum
gross landing weight of such aircraft as certified to the City
by Airline; effective October 1 , 1979, Airline shall pay City
$1. 83 per landing plus $ . 113 per one thousand pounds of FAA
approved maximum gross landing weight of such aircraft as
certified to the City by Airline. "
2 . Paragraph (B) of Article III - Landing, Ramp and
Terminal Fees of such Agreement and Lease is amended. to read
as follows :
" (B) Rental With Respect to Terminal Freight Building:
Airline will pay the City a monthly rental for the interior
cargo space cited in Article I (C) above at the rate of $3. 99
per square foot per annum; such rental shall be paid monthly.
TERMINAL FREIGHT BUILDING
MONTHLY RENTAL
Freight Space (342sf @ $3 . 99/sf/a) - $113 . 71"
3 . Except insofar as it is amended herein, such Agreement
and Lease of Premises shall remain in full force and effect.
4 . This First Amendment shall be effective as of February 1,
1979.
IN WITNESS WHEREOF, the parties hereto have caused this
First Amendment to be executed as of the day and year first
stated above.
CITY OF WICHITA FALLS
BY:
Gerald G. Fox
City Manager
ATTEST:
City Clerk
SMB Stage Lines, Inc.
By.
President
ATTEST:
Secretary
Approved as to form:
City Attorney
E 14 E N
THIS ACREEMM entered into this UY K
1970, between the City of Wichita Falls , Texas , horeinnFtur called Lessor,
and The Holidag Inns,-InczL through Its subsidiary,_jqq_QPqrati0ns,, Inc, ,
of Wichita Falls, hereinafter called Lessee.
WITNESSETH :
WHEREAS, Lessor is the operator of an Airport VcNted in Kchita Falls ,
Wichita County, Texas , and known as the Wichita F011s N"00pal Airport; and ;
WHEREAS, Lessee has indicated his desire to Main certain advertising
space in the Airport Terminal Building.
NOW, THEREFORE, for and in consideraLLon of rhu O"Lual covenants ,
promises and agreements herein contained, the afounRdid parrLP3 hereby agree
with each other as follows :
Lessor does hereby grant-to Lessee the rjRht and privilege of display-
ing an advertising sign, furnished by Lessee, in the cilia Eng Area of the
Terminal Building, the location, size and design W 00 Mroved by Lessor;
which sign shall contain no rates or charges. Lessor do� n Niso hereby grant
to Lessee the right to install , at Lessee' s expense, N direct line telephone
to Lessee's answering service and/or reservations desk For Ge purpose of
customer convenience in arrnnging for room reservations and/or courtesy
transportation to and from the Airport.
The term of this lease will be for a period of nno (1) Year, commencing
on the 1st day of February. 1979 and ending on the 31st,day, of Tanuary, 1980
Lessee shall have\1 an option to renew such lease for Lyo (2) successive one
year periods, provided that the provisions of said I—P Kall be sub jest to
re-negotiations at thr end of any or each of snid on. ( 1 ) yoNr terms.
In consideration 9f the privileges grantpd Vn L-qqpe herein, a total
amount of Twenty-Five and Nn/100 Dollars ($25.00) QN11 ho paid to Lessor in
advance each month during Ge term of this agreement .
i
IV.
It is further agreed by and between the pNrt i �., h...to , after ninety
(90) days from the effective elate hereeC , that either the korsee or the Lessor
shall have the right .to terminaw this agreement upon rhtruy (30) clays 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 , Acker by lapse of time,
or under any other conditions or provisions contcrinc,d herein , the Lessee will
peacefully and quietly yield up and surrender the Rise prrmi ,ses unto the
Lessor. In this event, the rent shall be apportioned ny of the date of the
termination of this lease.
V.
Lessee shall, in case of fire or other cdsua i L , which causes damages
which interfere with. Lessee's use of the premises , give in„rydiate notice in
writing to Lessor, who shall thereupon cause the Wage to he reps i.red forth-
with, provided materials , supplies and labor are renso❑oly avaii_ahle . If such
damages prevent Lessee's use of. the. premises, the rant shall_ be apportioned
for the period required to mnkc the repairs. Tip the entire building shall he
destroyed, then within thirty (30) days after the fire , or ether casualty,
either Lessor or Lessee miry cancel this lease by notice :in writing to the other,
effective as of the date of the mailing of the wr.i_ttea notice, except the rent
shall be apportioned as of the date of the fire or other cnsualty.
VI.
Lessee further agrees to indemnify and hold i,cssor harmless for any
injuries or damage caused by or brought about by .i.nstnL ing, moving, operating
or removing said advertising sign and direct li.np telePhune. nr in any way con-
tributed to by the advertising sign and direct line M cphnnn or operation /
connected therewith.
VLK
If default i_n payment of rant :is made KV I_Cn5np, err if and other
covenant herein be breached by Lessee, then Lesser may terminate this agreement
and remove Lessee therefrom.
2
IN WITNESS WHEREOF, the pnrties hereto agreement
on the day and year: abo�e t r:i tten
C:C"IY 01 id 1 C;I11:1:.1 FALLS , TEXAS
I
By
Ca ra I<i C; Fu; C i t}' ti<innF;er
ATTEST:
Wilma J. Thomas, "i.Lti Cllerk
LE-SFL;i .
BY:
APPROVED AS TO POI�1:
H.P. Hodge, Jr. , City Attorneti'
3 -
A G R E E M E N T
THIS AGREE11ENT entered into this day of
1979, between the City of Wichita falls, Texas, hereinafter called Lessor,
and Killarney Corporation D/B/A/ Trade Winds Motor Hotel
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, 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 consideration 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 lst dam of February 1979 and ending on the. 3lst day of January 1980
Lessee shall have an option to renew such lease for two (2) successive one (1)
year periods, provided that the provisions of said lease ;,hall be subject to
re-negotiations at the end of any or each of. sri-d 0ue (1 ) terms.
III.
In consideration of the privileges granted to I, ,ssee herein, a total
amount of Twenty-Five an.d No/1-00 Dollars ($25.00) shall he 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 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 fire or other casualty;, which causes damages
which interfere with L,essee's use of the premises , give immediate notice in,
writing to Lessor, who shall thereupon cause the damage to be repaired forth-
with, 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, operating
or removing said advertising sign and direct line telephone, or in any way con-
tributed to by the advertising sign and direct line telephone or operation
connected therew nth,
VII.
If default in payment of rent is made by Lessee, or if any other
covenant herein be breached by Lessee, then Lessor_ way terminate this agreement
and remove Lessee therefrom.
_ 2 ^
IN WITNESS W1,IEREOF, the parties hereto have executed this agreement
on the day and year above. written
CITY OF jWICHT_TA FALLS, 'TEXAS :
By: _
Cerald G. FOX, City Manager
ATTEST:
[Wilma J. Thomas, City Clerk
LESSEE:
BY:
APPROVED AS TO FORM:
H.P. Hodge, Jr. , City Attorney
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