Loading...
Min 06/05/1979 204 i Wichita Falls, Texas Memorial Auditorium Building June 5, 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. Curtis Smith Mayor Pro tem I John Hampton, Jr. Carol Russell Aldermen Jim Thomas Raymond Adcock Robert Haley Assistant City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk The invocation was given by W. C. Hartung, St. Paul Lutheran Church. Item 3 Moved by Alderman Adcock that minutes of the meeting held May 1 , 1979, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4, 12b, and 14a were dropped from the agenda. Items 5a - l0a Moved by Alderman Thomas that Items 5a through 10a on the consent agenda be approved. Motion seconded by Alderman Adcock. Item 5a i ORDINANCE NO. 3492 ORDINANCE AMENDING SECTION 22-1 OF THE CODE OF ORDINANCES, TO PROHIBIT DRIVING VEHICLES OR HORSES OR OTHER ANIMALS IN OR OVER ANY PUBLIC SCHOOL GROUNDS. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas , and Adcock Nays : None Item 5b ; ORDINANCE NO. 3493 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF ADAMS STREET BETWEEN BLOCK W AND BLOCK X, A PORTION OF ALLEY IN BLOCK W AND A PORTION OF ALLEY IN BLOCK X, R. E. MONTGOMERY SECOND SUBDIVISION OF WICHITA FALLS, TEXAS. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas , and Adcock Nays: None ,j Item 5c ORDINANCE NO. 3494 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF NINETEENTH STREET AND A PORTION OF AN ALLEY LOCATED IN THE E. A. AUSTIN SURVEY, A-425, A PORTION OF SIBLEY STREET LOCATED IN THE J. A. SCOTT SURVEY, NO. 10, A-302, AND A PORTION OF BROAD STREET LOCATED IN THE J. A. SCOTT SURVEY, NO. 10, A-302 AND THE E. A. AUSTIN SURVEY, A-425, ALL IN WICHITA COUNTY, TEXAS. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None 205 Item 5d ,;ORDINANCE NO. 3495 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF SARAMY STREET LYING IN THE N-M SUBDIVISION OF WICHITA FALLS, TEXAS. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None ✓Item 6a ✓RESOLUTION NO. 2343 RESOLUTION AUTHORIZING CITY MANAGER TO SUBMIT PROPOSAL TO TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR GRANT FOR YOUNG ADULT CONSERVATION CORPS. WHEREAS, the Texas Department of Community Affairs is considering proposals for local projects to be funded by contract under the Youth Employment and Demonstration Projects Act of 1977, Public Law 95-93, Comprehensive Employment and Training Act of 1973 (CETA) as amended, Title VIII--Young Adult Conservation Corps; and, WHEREAS, this program is for the year from October 1 , 1979 through September 30, 1980; and, WHEREAS, it is deemed advisable and proper to submit a proposal for such a project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That City Manager is hereby authorized to submit a proposal for such project and grant to the Texas Department of Community Affairs; he is further authorized to sign any necessary documents, including the project contract, which may be required to obtain such grant. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None ` Item 6b ✓RESOLUTION NO. 2344 RESOLUTION APPROVING LEASE WITH SAM CHASE, DOING BUSINESS AS THE FIESTA INN MOTEL, FOR ADVERTISING SPACE AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease, a copy of which is attached hereto, with Sam Chase, doing business as The Fiesta Inn Motel , for advertising space at Wichita Falls Municipal Airport, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays: None ✓Item 7a The bid for 160,000 pounds fluosilicic acid for water purification was awarded to Thompson Hayward Chemical Company, Dallas, in the amount of $71 .70 per ton. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas , and Adcock Nays : None ,/Item 7b Bids were awarded to Siboney Audio Visual Prod. , Inc. , Fort Worth, for audio visual equipment, as follows. 1 . One 16mm Movie Projector, Eiki - $725.00 2. Two Kodak Carousel Projectors with case - $191 .00 each 3. Four Da-Lite Movie Screens - $45.26 each 206 Item 7b, cont'd. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays: None Item 7c The bid for two studio pianos for the Activities Center was awarded to Teal Music Company, Wichita Falls, in the amount of $1 ,325.00 each. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 7d Bids for maintenance equipment for the Activities Center were awarded as follows. 1 . One 32 inch scrubber-polisher - Paper Services - $3,303.56 2. Two floor polishers - Paper Services - $584.38 each 3. One wet/dry pickup vacuum - Empire - $657.70 4. One wet carpet extractor - Empire - $836.00 5. Two vacuum cleaners Calahans - $249.95 each 6. Two mop buckets with wringers - Empire - $80.25 each Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 8a Authority was granted to advertise for bids for waste water sludge hauling machine. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 8b Authority was granted to advertise for bids for 1979 Street Reconstruction Program. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays: None v Item 8c Authority was granted to advertise for bids for an estimated annual supply of liquid chlorine for water purification. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 9 Minutes of the meetings of the following boards and commissions were received. a. Aviation Advisory Board - May 15, 1979 b. Park Board - May 29, 1979 c. Planning Board - May 9, 1979 d. Traffic Safety Council - May 2, 1979 e. Arts Commission - May 15, 1979 f. Mayor's Commission on Status of Women - May 3, 1979 Ayes : Mayor Pro tem Smith , Aldermen Hampton, Russell , Thomas, and Adcock Nays : None J Item 1 Oa Tax adjustments Numbers 660A through 694 were approved for a total amount of $508.25. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None i 207 ,'Item lla Jean Maxwell , of Human Resources Department, was honored as employee of the month for June. Mayor Pro tem Smith presented her with a plaque and two tickets each to a theatre and dinner. Mayor Pro tem Smith also recognized Ed Ilschner, who is leaving the Traffic Department. V' Item l l b Division Manager Tom Locke presented a request from Texas Electric Service Company for systemwide increase in revenues in the amount of $88 million. They filed a rate increase request with the City of May 17, 1979. He stated that they have built eight new plants, and that by changing fuel they are able to produce electricity at a lower cost than it would be without the new plant construction. Alderman Hampton expressed appreciation to Texas Electric for all the work they have done during the restoration effort following the tornado. He wondered how much this has cost. Mr. Locke stated that it will take most of the rest of this year to finish their accounting, but that it will be a sizeable amount. It will be minimal for the citizens of Wichita Falls because the rates are systemwide. .'RESOLUTION NO. 2345 RESOLUTION SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY TEXAS ELECTRIC SERVICE COMPANY FOR A PERIOD OF 120 DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Texas Electric Service Company did, on May 17, 1979, file a schedule of rates for electric service within the City of Wichita Falls, Texas , to become effective June 21 , 1979; and, WHEREAS, after having heard the presentation of Texas Electric Service Company, it is the opinion of the Board of Aldermen that such schedule of rates should be suspended for a period of 120 days from June 21 , 1979, for further study, investigation, presentation of evidence and public hearing; and, WHEREAS, a copy of this resolution has been provided Texas Electric Service Company prior to its consideration by the Board of Aldermen of the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Pursuant to Section 43 (d) of the Public Utility Regulatory Act, the operation of the Texas Electric Service Company's proposed rate schedules filed with the City of Wichita Falls on May 17, 1979, is hereby suspended for a period of 120 days from June 21 , 1979, for further study, investigation, presentation of evidence and public hearing. Moved by Alderman Thomas that Resolution No. 2345 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays: None Item 12a A request was presented for waiver of the 25 foot building limit line for Lot 1-A, Block 4, Midwestern Park, Unit One. Roger McKinney, Director of Planning, stated that the builder had used an old plat, and was not aware of the encroachment until after the house was constructed. The problem occured because the street on which the house faces was closed and made into a private street before this particular house was built. jORDINANCE NO. 3496 AN ORDINANCE AMENDING COMPREHENSIVE SUBDIVISION ORDINANCE NO. 2118, WAIVING SETBACK REQUIREMENTS ON A CERTAIN LOT IN MIDWESTERN PARK, UNIT ONE, A SUBDIVISION OF THE CITY OF WICHITA FALLS, TEXAS. 208 Item 12a, Cont'd. Moved by Alderman Thomas that Ordinance No. 3496 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 12 c A proposed ordinance was presented setting summer city council meeting schedule. ✓ORDINANCE NO. 3497 ORDINANCE SETTING SUMMER SCHEDULE OF MEETINGS OF BOARD OF ALDERMEN. Moved by Alderman Thomas that Ordinance No. 3497 be passed, setting the dates of June 5, July 3, and August 7, 1979. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 12d A proposed ordinance was presented extending the state of emergency and curfew. A motion was made by Alderman Adcock, and seconded by Alderman Russell for passage of the ordinance. An amended motion was made by Alderman Thomas, and seconded by Alderman Hampton to delete Section 2 (curfew) and to re-number the remaining sections. The amended motion was carried by the following vote: Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None -/ORDINANCE NO. 3498 ORDINANCE EXTENDING STATE OF DISASTER EMERGENCY FOR SEVEN DAYS. The original motion was carried by the following vote. Ayes: Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays: None Item 13a A proposed resolution was presented approving a water purchase contract with Windthorst Water Supply Corporation. RESOLUTION NO. 2346 RESOLUTION APPROVING WATER PURCHASE CONTRACT WITH WINDTHORST WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain water purchase contract, a copy of which is attached hereto, between the City of Wichita Falls and Windthorst Water Supply Corporation, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Moved by Alderman Thomas that Resolution No. 2346 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None 209 Item 13b A proposed resolution was presented approving a water purchase contract with Friberg-Cooper Water Supply Corporation. ,, RESOLUTION NO. 2347 RESOLUTION APPROVING WATER PURCHASE CONTRACT WITH FRIBERG-COOPER WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain water purchase contract, a copy of which is attached hereto, between the City of Wichita Falls and Friberg-Cooper Water Supply Corporation is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2347 be passed. Motion seconded by Alderman Adcock, and carried by the following vote. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 13c A proposed resolution was presented authorizing lease of property jointly owned by the City and Wichita County Water Improvement District No. 2 to Wichita West Volunteer Fire Department to construct a fire station. RESOLUTION NO. 2348 RESOLUTION APPROVING LEASE OF 0.298 ACRE OF LAND, JOINTLY OWNED WITH WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2, TO WICHITA WEST VOLUNTEER FIRE DEPARTMENT FOR FIRE STATION SITE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease, a copy of which is attached hereto, between the City of Wichita Falls and Wichita County Water Improvement District No. 2, as lessors, and Wichita West Volunteer Fire Department, as lessee, covering 0.298 acre of land in Block 5, Denton County School Land Survey League No. 2, A-57 , Wichita County, Texas, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2348 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None Item 15a A report was presented by Gerald Carlson, Chief Accounting Officer, on collections of past due alley receivables. Mayor Pro tem Smith noted that his name had appeared twice on these lists. It was property he had purchased, on which he had received no notification, but it has now been paid. Gerald Carlson stated that he felt this charge should be a part of the refuse billing to that customer. On vacant lots there is usually only one bill sent out right after the alley is paved because there is no refuse service. Alderman Adcock stated that he could not see these people putting up money to pave their alleys, and they never receive a bill for it. Two or three property owners later, someone starts getting a bill when they were not aware of it. Ernest Lillard explained that in initiating this program it was a matter of convenience to get it started. He feels this is the best program which we could have. Alderman Adcock noted that this type of assessment does not show up any way when a title company closes. 210 i Item 15a, cont'd. Alderman Russell noted that some of these problems we are facing are public relations problems. Alderman Thomas suggested that Mr. Carlson look at the problems we have and see if there are any houses on these lots, and whether they are the original owners. Alderman Hampton inquired if we could not place something of record somewhere so that the person buying the property would know that there was a lien against it? City Attorney H. P. Hodge, Jr. , stated that he presumed they could file an affidavit in the deed records. Mayor Pro tem Smith directed the City Attorney to furnish him information on what form it could take. Item 15b A recommendation was presented on location sites of two fire stations in the south and southwest portions of the City, and approving an architectural contract. Fire Chief Hurshel Johnson presented a plat of the area. Alderman Hampton inquired if there were any plans to move the Midwestern Parkway station. Chief Johnson stated there are none at this time. RESOLUTION NO. 2349 RESOLUTION AMENDING RESOLUTION NO. 2112, CHANGING THE SITE OF THE PROPOSED NEW FIRE STATION; APPROVING A CONTRACT WITH CHARLES HARPER ASSOCIATES FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION OF A SECOND NEW FIRE STATION ON THE CITY PARK LAND ON MILLER STREET. WHEREAS, on March 7, 1978, the Board of Aldermen adopted Resolution No. 2112, authorizing a contract with Charles Harper Associates for Architectual Services for construction of a new fire station near the intersection of Seymour Highway and Barnett Road, and a contract dated March 8, 1978, was entered into with such firm; and, WHEREAS, Section 15.2 of such contract states , "If in the future, the City of Wichita Falls desires to build this fire station as it is designed and detailed in the Drawing and Specifications caused to be performed by this Agreement, the Architect shall be paid one-half of the Percentage of Construction Cost agreed to above in this Agreement (4.25%) of the construction cost at the time the station is contracted for. This architectural fee shall include site adaption of these plans and field observation as called for in the above paragraphs. " WHEREAS, it is deemed advisable to move the site of the new fire station referred to in such resolution to the Cypress Water Plant grounds. WHEREAS, it is also deemed advisable and necessary to construction a second new fire station on the City park land on Miller Street near Maplewood Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . Resolution No. 2112 is hereby amended to provide that the new fire station referred therein shall be constructed at Johnson Road and Cypress Avenue on the Cypress Water Plant grounds. SECTION 2. The City Manager is authorized to execute another contract with Charles Harper Associates for the performance of architectural services for a second new fire station to be located on City park land on Miller Street near Maplewood Avenue (to replace the station which was located in Kiwanis Park, and was destroyed by the tornado) , in accordance with Section 15.2 of the March 8, 1978, contract. Moved by Alderman Thomas that Resolution No. 2349 be passed. Motion seconded by Alderman Hampton, and carried by the following vote. Ayes : Mayor Pro tem Smith, Aldermen Hampton, Russell , Thomas, and Adcock Nays : None 211 Item 15d Larry Hester appeared, stating that he owns property on Bourland Lane. He requested a permanent waiver to place his mobile home on this property located on the corner of Bourland Lane and Iowa Park Road. He stated that the other property owners do not object to him placing it there. He stated that he cannot afford to purchase a modular home. He already owned the mobile home. Alderman Adcock inquired if there is any new development in this area? Mr. Hester stated there is no new building, but there are three old houses. Alderman Smith stated that he is hesitant to start making exceptions because there are a lot of very serious trailer problems in the City. Alderman Thomas requested that he secure waivers from all his neighbors and property owners in that area. He does not know how the Council would react to this, but perhaps the waivers might be helpful . Discussion was held on a proposed ordinance suspending operation of deed restrictions prohibiting temporary placement of mobile homes to provide temporary housing for persons displaced by the tornado. City Attorney H. P. Hodge, Jr. gave a history of the ordinances which have been passed regarding temporary housing both inside and outside the disaster area, both being made subject to deed restrictions. He stated that it was his feeling that the City could not enter into any deed restriction suspension; that deed restrictions are a contract between the property owners. He mentioned a situation in Colonial Park regarding a mobile home on a temporary basis. He understands that the Attorney General Opinions Committee stated that a city could suspend deed restrictions in an emergency situation such as this. The task force of the Reconstruction and Redevelopment committee recommended passage of this ordinance. Mr. Putnam, from the Colonial Park area, appeared in regard to a temporary mobile home in Colonial Park. He criticized the newspaper and the television camera lights. He stated that there are two vacant lots in Colonial Park which do not have houses on them. The people who live in the mobile home near him did not lose a home--they lost an apartment. He felt that they could have gone to a mobile home park instead of Colonial Park. Moved by Alderman Thomas that action be delayed on suspension of operation of deed restrictions for temporary placement of mobile homes until we have a written opinion from the Attorney General 's office. Motion seconded by Alderman Hampton, and carried unanimously. Item 15c The Board of Aldermen went into executive session at 10:15 A.M. to discuss personnel matters relating to board appointments. The meeting was reconvened at 10:40 A.M. Moved by Alderman Thomas that the following be appointed to the Housing Authority Board for two-year terms to expire June 12, 1981 . a. J. S. Brimmage (to replace Dick Waggoner) b. Ray Clymer (reappointed) c. Linton H. (Pete) Estes (reappointed) Motion seconded by Alderman Adcock, and carried unanimously. Moved by Alderman Adcock that the following be appointed to the Planning Board for three-year terms to expire May 23, 1982. a. Walt Berry (reappointed to Board, and also appointed as Chairman) b. Joe Mike Pistocco (reappointed) c. Bob Balch (appointed) Motion seconded by Alderman Hampton, and carried unanimously. Moved by Alderman Thomas that the following be appointed to the Board of Adjustments and Appeals for two-year terms to expire May 23, 1981 . a. Allen Sharp (reappointed) b. William E. Phillips (reappointed) c. Bob Mataska (reappointed) 212 Item 15c, cont'd. Motion seconded by Alderman Russell , and carried unanimously. Moved by Alderman Hampton that the following be appointed to the Plumbing Advisory Board for two-year terms to expire May 23, 1981 . a. Wilfred Welch (reappointed) b. Marvin Nunn (reappointed) c. Charles Brown (reappointed) Motion seconded by Alderman Thomas, and carried unanimously. Moved by Alderman Russell that the following be appointed to the Board of Electrical Examiners for two-year terms to expire May 23, 1981 . a. Robert Bubkabee (reappointed) b. Jim Marshall (appointed) c. Tommy McCulloch (appointed) Motion seconded by Alderman Adcock, and carried unanimously. The Board of Aldermen adjourned at 10:45 A.M. PASSED AND APPROVED this day of 1979. —' MAYOR ATTEST: CITY CLERK A G R E E M E N T THIS AGREEMENT entered into this day of 1979, between the City of Wichita Falls , Texas , hereinafter called Lessor, and Mr, Sam Chase. owner D/B/A The Fiesta Inn Motel of Wichita Falls, hereinafter called Lessee. W I T N E S S E T H WHEREAS , Lessor is the operator of an Airpnut located in Wichita Falls , Wichita County, Texas, and known as the Nichita Falls Nunicipal Airport; and; WHEREAS , Lessee has indicated his desire to o4nirl certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideraUna of the mutual covenants , promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows : 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. The term of this lease will be for a period of one (1) year, commencing on the —,. June 1. 1979 5 and ending on the­ May 313 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 shall be subject to re-negotiations at the end of any or each of said one ( 1 ) year terms. In consideration of the privileges granted to Lessee herein, a total amount of Twenty-Five and No1I00 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 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 I the Lessor that upon the termination of this Wasp, whether by lapse of time, or under any other conditions or provisions contained Herein, the Lessee will peacefully and quietly yield up and surrender We lease premises unto the Lessor. In this event, the rent shall be apportinne;4 as of the date of the le termination of this lease. V. Lessee shall, in case of fire 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 damggn to be repaired forth— with, provided materials , supplies and labor are ransonahly 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 therewith. VII. If default: in payment of rent is made by Lessee, or if: any other covenant herein be breached by Lessee, then Lessor may terra-lunLa this agreement and remove Lessee therefrom. — ,2 — i i IN WITNESS Witf,"REO , the parties hereto Lirtve excctiCed this agreement i on the day and year above written j ` I Glly M ;jI-Gtl]-TA FALLS, TEXAS : Geraad G. I:'ox, City Manager ATTEST: Wilma J. Thomas, Gity Clerk Li_',SSJ,I APPROVED AS TO FORM: H.P. Hodge, Jr. , City Attorney L 3 — WATER PURCHASE CONTRACT i THIS CONTRACT for the sale and purchase of water is entered into as of the day of 1979, between the City of Wichita Falls, Texas here- inafter referred to as the "City", and Windthorst Water Supply Corporation, herein- after referred to as "Windthorst". WITNESSETH : WHEREAS, Windthorst is a water supply corporation organized and established under provisions of the laws of the State of Texas. Windthorst is organized for the construction and operation of a water supply and. distribution system serving water users within the Windthorst area and to accomplish this purpose, Windthorst will re- quire a supply of raw water; and, WHEREAS, the City owns Lake Kickapoo and Lake Arrowhead, water reservoirs with capacity capable of serving the present customers of the City system and the esti- mated number of water users to be served by Windthorst; and, WHEREAS, by Resolution No. , enacted on the day of , 1979, by City, (Attached hereto as Exhibit "A"), which authorized the City to sell raw water to Windthorst; and, WHEREAS, Windthorst will operate a water treatment and distribution system, and serve its customers; and, WHEREAS, by resolution of the Board of Directors of the Windthorst Water Sup- ply Corporation (Attached hereto as Exhibit "B"), enacted on the day of , 1979, such Board of Directors authorized purchase of raw water by Windthorst from the City in accordance with the terms set forth in the said resolution and further authorized execution of this contract. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City and Windthorst mutually agree to the following; to-wit: Section 1. 0: City will allow water (RAW WATER) to be diverted from Lake Arrowhead at the diversion point shown on the plans and approved by the City in suf- ficient quantities to meet Windthorst's needs for the resale to consumers, subject only to terms and provisions of this contract. Section 1.1: Diversion point shall be at the water line and at an intake struc- ture at Lake Arrowhead, Texas, at a location mutually acceptable to the City and Windthorst. It is also the intent of Windthorst to construct a transmission line from Lake Arrowhead to Windthorst. Section 1.2: Maximum amount of water to be diverted by Windthorst from Lake Arrowhead shall not exceed two hundred thousand (2Q0, 000) gallons per day un- less a greater amount is approved in writing by the City. Section 1.3: Windthorst shall furnish, install, operate and maintain at its y own expense at the diversion point, the necessary Metering equipment, including a meter house or pit, and required devices of standard type for properly measuring and recording the quantity of water diverted from Lake Arrowhead. Type and lo- cation of meter shall be agreed to by City and Windthorst prior to diversion of water. Windthorst shall calibrate such metering equipment whenever requested by City but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result of the rated capacity of the meter shall be deemed accurate. The previous reading of any meter disclosed by test to be inaccurate shall be corrected for the twelve (12) months previous to such test in accordance with the percentage of inaccuracy found by such tests and existing records. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water diverted in the corres- ponding period immediately prior to the failure, based on existing records unless City and Windthorst agree on a different amount. Section 1.4: Thirty (30) days prior to estimated date of completion of con- struction of Windthorst transmission system, Windthorst will notify City in writing the date of initial diversion of water. Section 1.5: When requested by Windthorst after metering equipment has been installed, the City will agree to diversion of sufficient water for testing, flushing, and trench filling the system during construction for which Windthorst will pay City at the rate set out of fourteen cents ($0.14) per one thousand (1, 000) gallons. However, minimum rate will not apply to this water used for testing the system. -2- p:F- Section 1.G: Location and Easements - The location of the proposed pump station and intake structure shall be approved by the City, and the pump station site acquired or obtained by long term lease at an agreed upon price from the City before detailed plans and specifications are made. Easements for the pipe lines across City property shall be acquired from the City before any pipe lines are constructed. Section 1. 7: Approval - Pump station and pipe lines must be approved by Texas State Health Department before any construction. Section 1. 8: Plans and Specifications Approval - Plans and Specifications Y shall be approved by the City before advertising for construction of any facilities. Section 2. 0: The cost of water purchased by Windthorst shall be based on the following schedule: $0.14 per 1, 000 gallons Minimum Monthly Bill $300. 00 This water rate is subject to modification annually based upon a rate making system and formula to be developed by Wichita Falls and submitted to Windthorst by January 1, 1980. Any change in water rates will become effective with water bills rendered after April 30 of each year. The schedule of rates beginning with all water bills ren- dered after this system is placed into operation could also include a "reservoir capac- ity charge" designed to cover the cost of reservoir space required to meet Windthorst's future needs but for water not actually being taken in the maximum daily amount as contained in Section 1. 2 of this contract. Section 2. 1: The City will read the Windthorst meter on the first day of each month during the term of this Contract. Windthorst and City shall have free access to read meters daily if they so desire. The City will provide Windthorst no later than the loth day of each month, with an itemized statementof the amount of water metered to Windthorst during the preceding month. Windthorst shall pay to the City the amount of itemized statement for any month no later than 20th day for the preceeding month's usage. Section 3. 0: This Contract shall extend for a term of forty (40) years from the date of the initial metering of any water to Windthorst. Unless water is taken within two (2) years from date hereof, this Contract shall be void. At the expiration of the -3- term of this Contract, same may be renewed or extended for such term or terms, as may be agreed upon by the City and Windthorst. City may cancel this Contract at any time during the life of the Contract in the event Windthorst fails to make any payment due hereunder within sixty (60) days after same becomes due; or, if Windthorst breaches any covenant herein other than payment of the monthly statement, and such breach con- tinues for sixty (60) days after City gives Windthorst written notice thereof. Section 4. 0: Windthorst shall not be required to furnish water to any resident of City. If City extends its city limits to include any consumer of water from Wind- thorst, Windthorst will continue to provide water to such consumer. When City is able to extend its own water distribution system which could provide such consumer with City's water, such consumer shall be allowed the choice of remaining on Wind- thorst's system or tying into City's system. Provided however, it is understood and agreed the foregoing Section is subject to the restriction of 7U.S. C. Section 1926 (b) as amended. Section 5. 0: Windthorst shall permit the water to be used only for normal residential, commercial, industrial and municipal purposes. Unless written per- mission is obtained from City, water shall not be used for agricultural irrigation, cattle feed lots, or any processing or manufacturing concern which uses such water for other than normal domestic quantities. Windthorst shall permit water to be used only within its service area as shown on Exhibit "C" Attached. Windthorst shall not sell any water to any private party for resale by such private parties to third parties. Section 5.1: It is distinctly understood between parties hereto that City owes its primary obligation and duty to the citizens of Wichita falls; in the event of an ex- tended shortage of water, or the supply of water available to City is otherwise dimin- ished over an extended period of time so that it becomes necessary to ration the water sold to citizens of Wichita Falls, the supply of water to Windthorst consumers shall be reduced or diminished in the same ratio or proportion as the supply to the citizens 0of Wichita Falls is reduced or diminished. Section 6. 0: This Contract is subject to such rules, regulations, or laws, as may be applicable to similar agreements in the State of Texas; the City and Windthorst will collaborate in obtaining such permits, certificates, or the like, as may be required to comply herewith. -4- r' Section 7. 0 Any amendment to this Contract shall be in writing and executed by both City and Windthorst. Section 8. 0: This contract shall not be assignable without the approval of City, except Windthorst may assign and/or mortgage lease to the United States of America, acting through the Farmers Home Administration. however, in the event of any oc- currence rendering Windthorst incapable of performing under this lease, any successor of Windthorst, whether the result of legal process, assignment or otherwise, shall sue- ceed to the rights of Windthorst hereunder. Section 8. 1: The construction of the water supply distribution system by the Purchaser is being financed by a loan made or insured by, and/or a grant from, the United States of America, acting 11'rough the Farmers Home Administration of the United States Department of Agriculture, and the provisions hereon pertaining to the undertakings of the Purchaser arc conditioned upon the approval, in writing, of the State Director of the Farmers home Administration. IN WITNESS WIIEPIOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Contract to be dulyexecuted to three ree counterparts, each of which shall constitute an original. F: ;x CITY OF WICHITA FALLS, TEXAS ti k BY: CITY MANAGER ATTEST: CITY CLERK WINDTHORST WATER SUPPLY CORP. BY: PRESIDENT ATTEST: SECRETARY -5- i WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the day of C�V bU -P, , 1979, between the City of Wichita Falls, Texas, hereinafter referred to as the "City", and the Friberg-Cooper Water Supply Corpor- ation, hereinafter referred to as "Friberg". WITNESSETH : WHEREAS, Friberg, is a Water Corporation, organized and established under the provisions of the laws of the State of Texas. Friberg is organized for the con- struction and operation of a water supply distribution system serving water users within the area described in plans now on file in the office of the Director of Public Utilities and to accomplish this purpose, Friberg will require a supply of treated water; and, WHEREAS, the City owns several water reservoirs with capacities capable of serving the present customers of the City system and the estimated number of water users to be served by Friberg as shown in the plans of the system now on file in the office of the Director of Public Utilities; and, WHEREAS, by Resolution No. 2347 enacted on the 5th day of June , 1979, by the City, (Copy of Exhibit "A" attached hereto), which authorized the City of Wichita Falls to sell treated water to Friberg; and, WHEREAS, Friberg will operate a water system, and serve the water users within the area described in the plans now on file in the office of the Director of Public Utilities and Friberg. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City and Friberg mutually agree to the following, to-wit: Section 1. 0: City shall deliver water (TREATED WATER) to delivery point (DELIVERY POINT) for sale to Friberg in sufficient quantities to meet Friberg's needs and Friberg shall be permitted to take same for resale to consumers, subject only to the terms and provisions of the Contract. Section 1. 1: Water delivered shall be of the same quality the City furnishes to residents of City and at a pressure the City attempts to maintain in the operation of its transmission and distribution facilities and at the points of delivery to its own users. Emergency failures shall excuse the City from this provision for a reason- able period of time to restore service. Section 1.2: Delivery point shall be located on water main on Old Burkburnett Road or at another satisfactory delivery point with approval of the City. Section 1.3: Friberg shall have the responsibility to transport the Water from the Delivery Point to its consumers, including imparting additional pressure to adequately serve Fribert's consumers. Friberg shall provide at its own expense necessary transmission and storage from and at the Delivery Point to prevent ab- normal demands by Friberg, which demands would reduce the residual static pres- sure below 20 PSI in the City's mains at the Delivery Point. If a mechanical facility is required to abate the abnormal demands of Friberg, Friberg will install a pres- sure regulating valve and will not allow the residual pressure to be lowered to less than 20 PSI without permission of City. Section 1.4: Friberg shall furnish, install, operate and maintain at its own expense at the Delivery Point, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring and re- cording the quantity of Water taken by Friberg. Type and location of meter shall be agreed to by City and Friberg prior to delivery of Water. Friberg shall calibrate such metering equipment whenever requested by the City, but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result of the rated capacity of the meter shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the twelve (12) months previous to such test in accordance with the percentage of inaccuracy found by such tests and existing records. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water pumped in the corresponding period im- mediately prior to the failure, based on existing records unless City and Friberg shall agree upon a different amount. -2- Section 1.5: All services on Friberg's system shall be separately metered. Section 1.6: Thirty (30) days prior to the estimated date of completion of construction of Friberg's water supply distribution system, Friberg will notify City in writing the date for the initial delivery of water. Section 1. 7: When requested by Friberg after the metering equipment has been installed, City will make available to the contractor at the point of delivery, water sufficient for testing, flushing and trench filling the system of Friberg during construction, for which water Friberg will pay City at the rate set out hereafter however, the minimum rate will not apply to this water used for testing the system. Section 1. 8: Maximum amount of water to be furnished by City to Friberg shall not exceed one hundred thousand (100, 000) gallons per day unless a greater amount is approved by City. Section 2. 0: The cost of water purchased by Friberg shall be based in ac- cordance with the following schedule: $0.45 per 100 cubic feet or $0.60 per 1, 000 gallons Minimum monthly bill $400 This water rate is subject to modification annually for all water bills rendered after April 30th of each year based upon a rate making system and formula to be developed by Wichita Falls and submitted to Friberg by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reser- voir capacity charge" designed to cover the cost of reservoir space required to meet Friberg's future needs, but for water not actually being taken in the maximum daily amount as contained in Section 1. 8 of this contract. Section 2. 1: The City will read the Friberg meter on the first day of each month during the term of this Contract. Friberg and City shall have free access to read meters daily, if they so desire. The City will provide Friberg no later than the loth day of each month, with an itemized statement of the amount of water metered to Friberg dur- ing the preceding month. Friberg shall pay to the City the amount of the itemized state- ment for any month no later than the 15th day of the succeeding month. -3- Section 3. 0: This contract shall extend for a term of forty (40) years from the date to the initial metering of any water to the District. Unless water is taken within two (2) years from date hereof, this contract shall be void. At the expiration of the term of this contract, same may be renewed or extended for such term or terms, as may be agreed upon by the City and Friberg. City may cancel this contract at any time during the life of the contract in the event Friberg fails to make any payment due hereunder within sixty (60) days after same becomes due: or, if Friberg breaches any covenant herein other than payment of the monthly statement, and such breach con- . , tinues for sixty (60) days after City gives Friberg written notice thereof. Section 4. 0: Friberg shall not be required to furnish water to any resident of City. If the City extends its city limits to include any consumer of water from Friberg, Friberg will continue to provide water to such consumer. When City is able to extend its own water distribution system which could provide such consumer with City's water, such consumer shall be allowed the choice of remaining on the Friberg water system, or tying into the City's system. Provided, however, it is understood and agreed the foregoing section is subject to the restrictions of 7U.S. C. 1926b, as amended. Section 5. 0: Friberg shall permit the water to be used only for normal resi- dential and commercial purposes. Unless written premission is obtained from City, water shall not be used for extensive agricultural irrigation, or by any processing or manufacturing concern which uses such water in substantial quantities or for other municipalities and/or residential and/or commercial subdivision. Such permission will not be given to serve a subdivision unless the subdivision complies with the Sub- division Regulations, Building Code, Electrical Code, Plumbing Code and any other ordinances or regulations which applies in the City of Wichita Falls. Friberg shall not sell any water to any private party for resale by such private parties to third parties. Friberg shall be allowed to make single connections to the Friberg system with notifi- cation to the City of such action, provided the maximum daily allowable as set out in the contract is not exceeded. Friberg shall not sell water to any consumer outside of the boundaries of the system presently served and as shown by map attached hereto as Exhibit B. -4- Section 5.1: It is distinctly understood between parties hereto that City owes its primary obligation and duty to the citizens of Wichita Falls; in the event of an ex- tended shortage of water, or the supply of water available to City is otherwise dimin- ished over an extended period of time so that it becomes necessary to ration the water sold to citizens of Wichita Falls, the supply of water to Friberg's consumers shall be reduced or diminished in the same ratio or portion as the supply to the citizens of Wichita Falls is reduced or diminished. Section 6. 0: This Contract is subject to such rules, regulations, or laws, as may be applicable to similar agreements in the State of Texas; the City and Friberg will collaborate in obtaining such permits, certificates, or the like, as may be re- quired to comply herewith. Where a direct physical connection.exists between the Water Supply Distribution Systems of the City and Friberg, Friberg shall operate and maintain its portion of the Water Supply Distribution System in accordance with the standards of the Texas Department of Health and in compliance with Article 4477-1 Vernon's annotated Civil Statutes and in compliance with those provisions of Section 12 of the Plumbing Code of the City of Wichita Falls entitled Water Supply and Distri- bution, which are in effect as of the date of this Contract. Section 6. 1: City shall have the authority and responsibility of inspection to determine that no cross connections or condition of back-flow or back-siphonage exist on that portion of the system receiving water under pressure from the Wichita Falls water mains. The City shall have the authority to disconnect the Water until correction within the system is made. The City shall also have the right to suspend delivery of water in the event Friberg fails to construct, maintain and operate their portion of the Water Distribution System in substantial compliance with such standards referred to hereinabove. Provided, however, unless substantial non-compliance constitutes a safety and/or health hazard, the City shall not suspend the delivery of water without first notifying Friberg in writing of such non-compliance. Provided, further, in no event shall the City suspend delivery of water to any portion of Friberg's system not necessary in isolating the location of such non-compliance. -5- Section 6.2: City's Director of Utilities shall have the authority and responsi- bility to approve the plans and specifications of and all extensions to Friberg's system for compliance with approved City standards, and stipulations in this contract. Before any extension other than single meter connections are made to the system, written permission shall be obtained from the City. Section 7. 0: Any amendment to this Contract shall be in writing and executed by both City and Friberg. Section 8. 0: In the event of any occurrence rendering the District incapable of performing under this contract, any successor of Friberg, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of Friberg here- under. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Contract to be duly executed in three counterparts, each of which shall constitute an original. CITY OF WICHITA FALLS, TEXAS BY: CITY MANAGER ATTEST: CITY CLERK FRIBER.G-COOPER. WATER SUPPLY CORPORATION BY: PRESIDENT ATTEST: SEC ETARY -6- BIGGS & MATHEWS. INC. 0IAA xp4 CD�NTy tE COT-TON WICNITAr COUp1 /1 =11 140 •F M.■ W II77 t Will #A VIM I" W! Q Q TANK �S/TE a O Q CASHION ROAD Q W Q b Q BAILEY ROAD ' �� � � rf� � fa• � i O O ROAD NAPIER I. 2 � \ SERVICE AREA ' 3 BOUNDARY v i 3 v BACON MILE SWITCH RO. ; q s. A. F. f SERVICE AREA FRIBERG-COOPER WATER SUPPLY CORPORATION JUNE I , 1979 RI=CF.IVED IN CGI`rY CLERK'S OFFICE Date �.....0,2 -- •._..-- THE STATE OF TEXAS. § § By COUNTY OF WICHITA § This lease is made and executed or, the 30 day of May, 1979 by and between the Wichita County Water Lrprovem .t District , a corporation organized and existing under the laws of the State of Texas, having its principle office at 402 East Scott, City of Wichita Falls, County of Wichita, State of Texas, and the City of Wichita Falls, Texas, a municipal corporation, hereinafter referred to as Lessor and the Wichita West Volunteer Fire Depart- ment, a corporative organization, having existing under the laws of the State of Texas, having its principle office at City of Wichita Falls, County of Wichita, and State of Texas, hereinafter referred to as Lessee. WITNESSETH: I. Lessor ,leases to Lessee and Lessee hires from Lessor, for. the purpose of constructing a volunteer fire station aid operating said station and no other business, those certain premises with the appurtenances, situated in the County of Wichita and State of Texas, and more particularly described as: .298 acre tract of land out of Block 5, Denton County School Land Survey, League 'No. 2, A-57, Wichita County, Texas, and being a portion of that certain tract conveyed by Flora A. Kemp et al to Wichita County Water Improvement District Nos. 1 and 2, and recorded in Vol. 338, Page 411, Deed Records of Wichita County, Texas and described by metes and bounds as follows: BEGINNING at a point in the East line of a 2.0 acre tract owned by Wichita County Water Improvement District No. 1 and 2 N 24' 50' W 20.0 feet from its original Southeast corner, said point being in the present North Right-of-way line of U.S. Highway No. 82-277, for the Southeast corner of this tract; THENCE S 65' 10' W, parallel with and 50.0 feet at right angles from the center-line of said Highway, 100.0 feet to a point for the South- west corner of this tract-, THENCE N 240 50' W 130.0 feet to a point for the Northwest corner of this tract; Tf-IENCF� N 650 10' E 100.0 feet to a point i.n the East line of said 2.0 acre tract for the Northeast corner of this tract; THENCE S 24' 50' E along the East line of said 2.0 acre tract 130.0 feet to the PLACE OF BEGINNING and containing 0.298 acres of land. As used herein, the term "premises" refers to the real property above described and to any improvements located thereon from time to time during the term of this lease. TT. The initial term of this lease shall be for 50 years com encing on the 15thday of June, 1979 and ending on the 14thday of June 2029. As used herein, the expression "term hereof" refers to such initial term and to any renewal thereof as herein provided. i i _v subjectto4..1.1; �1..U -1J yvn, J A.c,ia� A for the initial ter s:Aa".� ✓e 7JV.vV � JGe Sl�c � pCl� l0 m, r be � esi_ ,t,,_Ou without deduction or o�-i.set at u� G1 x 4�Ci c -.,. Gd Per Year w ; from time to time by Lessor ilZ ai.ruul irJLu �-m��-+•�-J Gr $l• p l the first such installai nt being due oral payable Upon t:.e execuL:�o.. oi: ti:is lease and a like installment being Lice and ?,yZD e (Ti i:.e Scu:i�? year thereafter. As additional rental here-w--der, i.P_ssee shall pay and dis- charge as they become due, proA;ptly a.d befora a.L-L tuxes, assess�i. rates, charges, license fee, «,icipal lien. •, lev-.es, exc se or u-ipos is, Whei ner general or special, or ordinary or extraordim:aly, of every nar;,e, nat-are and kind whatsoever, including all govercr.;al c r. ges or_� Tc, tsoever nt Ale, ..auuA e, Or kind, which may be levied against, charged, or iA,,,)osed, or w1.11Ci, r: Ay becoA,ze lien or charge on or against de <_. .d 1-ere, de:i,ised, or an part 4hereof, the leasehold of Lessee herein, ti.e prez-Lses described herein, any buiidirAg or other improvements now or hereafter thereon, or on or against Lessee's estate hereby created which riay be a subject of taxation, or on or against Lessor by reason of its ownership of a fee underlying this lease, during the entire term hereof. IV, Lessor does not warrant title to t .a land covered by this lease, V. Lessee shall not use or pe=iL the demised premises, or any part thereof, to be used for any piA pose or purposes Oci.er ;:'k.n the purpose or purposes for which the demised pre,,Lses az,;! har&y leased. V . During the term of this .lease, Lessee s:,all c.u-.I'y wi.:h aA.l applicable laws affectu.g the demised sed premiLises, ti.e �,.-eUc:. Of W..l�. msgnt result in any penalty on Lessor or forfeiture of Lessors title `o t..e demised premises. Lessee shall not coinlLt, or suffer cO be cO'-----Feu, �u.y waste on the demised premises or any nuisance. VII. Lessee shall not vacate or abandon the prelru.ses use for a volunteer fire department at any time during the term, hereof; and, in the event that the premises are so vacated or abandoned, t..:is lease will automatically terminate and Lessee will vacate or surrender tr.e de.nised pemises to Lessor. Lessee may, not encuTber or `u4 �y « �n'eC: xZ`.:St 0� O�oe�: proper instruments, any buildings and improvea:, � s placed by Lessee thereon. as security for any indebtedness. ix. Lessee may not subleL the premises, or ary p,-;rt thereof, in whole or in part, without Lessor's consent in writing and Lessee shall not assign or transfer this lease, or any interest herein, without the prior written consent of the Lessor. Any such assignment without such consent shall be void and shall, at the option of the Lessor, to adnate this lease. Neither this lease nor the leasehold estate of Lessee, or any interest of Lessee hereunder in the demised prea--ni..ses and the land covered by such lease, shall be subject to involuntary assigr,To-rt, transfer, or sale or to assignment, transfer, or sale by operation of law in any nonner whatsoever; and any such attempted involuntary assignment, transfer or sale shall be void and of no affect and shall, at the option of the Lessor, terminate the lease. X. Lessee is hereby granted the right to construct buildings and improvements on said leased premises. On or before such construction is begun, Lessee shall at Lessee's sole expense, prepare plans and specifications for new buildings to be erected on the premises which shall provide'. for a type of building suitable to a fire station. Such plans and specifications shall be submitted to Lessor for Lessor's written approval or any revision required by Lessor. Lessor shall not izreasonably withhold such approval. Lessee shall have the right to make such alteration, improvements, and changes to any building which may from time to time be on the premises as Lessee may deem necessary, or to replace any such building with a new one of at least equal .value provided that prior to :Waking any structural alterations, improvements, or changes, or to replacing any such building, Lessee shall obtain Lessor's written approval of plans and specifications thereof, which approval, Lessor shall not unreasonably withhold. XI1, Any new buildings constructed by Lessee on the premises and all alterations, improvements, changes, or additions made in or to such premises shall become the property of the Lessor upon the termination . of this lease. XIII. Lessee shall pay the rent and all other sums required to be paid by Lessee herelmder in the molaits, at the t_no, and in the manner herein provided and shall 'keep and perfo= all tez-Li-s end conditions hereof on its part to be kept and performed. At the expiration or sooner termination of this lease, Lessee shall not nave the right to remove any improvements placed on said property by Lessee �'_nc_ shall peacefully and quietly quit and surrender to Lessor, the pre=.ses :�., as good order and condition as at the connencement Of this lease. V�7 !u V . in the event the entire demised premises shall be approporated or taken under the power of um nAnt Domain by any public quasi-public authority, this lease shall terrJ-1-rate and expire as of the date of such taking. In the event of the termination of this lease by reason of a total or partial taking of the premises by Eminent Domain, then, in any such condemnation proceeding, Lessor and Lessee shall be free to 'make claim against the condemning or taking authority for the amount of any damage done to them respectively as a result thereof. XV. The covenance and conditions herein contained shall, subject to the provision against assi7i=t, transfer and subletting, apply to and bind the heirs and successors of -ail the parties hereto. In witness hereof, the parties have executed this lease at Wichita Falls, Texas' on the day and year first above written. Wichita West Volunteer Fire Dept. Wichita Water Improvement District BY: President BY: President City c 1 Wichita FL, ]_s, Tc xa� s SY•. C=icia�o the City o kTic ita Falls, Texas { STATE OF TEXAS § CO= OF WICHITA § BEFORE NE, the undersigned, a Notary Public in and for the County and State, on this day personally appeared Gerald G. Fox known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to ne that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER :MY TMND AND SEAL OF OFFICE this 7th day of June 1979. Martha L. Cecil FotLy Pubic, Wichita unty, Texas STATE OF TEXAS § COUNTY OF WICHITA § Ba'ORE IE, the undersigned, a Notary Public in and for the County and State, on this day personally appeared Doyle Davis known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein e:�--ssed and in the capacity therein stated. GIVEN UNDER MY AND AND SEAL OF OFFICE. this 12 th day of June , 1979, Notary Public, Wichita Co ty, Texas STATE OF TEXAS § CO= OF WICHITA § BEFORE ME, the undersig ned, a Notary Public in and for the County _ and State, on this day personally appeared Tommy M. Willson known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein state. GIVEN UNDER MY MAD AIQD SEAL OF OFFICE this 13thday of June 1979. Notary Public, WiWichi.ta'County, Texas nit U S S E�. M A JV �;•� ,\ � E h/-7 ol .�• � • w A A � w w � � _ i • ��� 1A rO p n I � i i �1 I i f