Min 09/21/1973 833
Wichita Falls, Texas
Memorial Auditorium Building
September 21, 1973
Item 1
The Board of Aldermen of the City of Wichita Falls, Texas, met in called
session on the above date in the Council Room of the Memorial Auditorium Building
at 4:20 o'clock P.M. , with the following members present.
J. Winston Wallander ' Mayor
Harry Campsey
Harrison E. Taylor X
Lonny Morrison
Willard Still X Aldermen
J. C. Boyd, Jr.
Peggy McCullough
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Moved by Alderman Morrison that a straw vote be taken on the budget proposals
to be presented for the purpose of not binding any member of the Council, but as
an expression of current feeling of each member of the Council.
Motion seconded by Alderman Still.
Alderman Still briefly stated each item to be considered.
(1) Eliminate the $5000 budgeted item for relocating and replacing warning
sirens.
Ayes : Aldermen Campsey, Boyd, and Still
Nays : Mayor Wallander, Aldermen Taylor, Morrison, and McCullough.
j (2) Eliminate $35,000 from the pension plan.
Ayes : Aldermen Campsey, Boyd, and Still
Nays : Mayor Wallander, Aldermen Taylor, Morrison and McCullough.
(3) Eliminate $4,000 for Public Technology, Inc.
Ayes : Aldermen Campsey, Taylor, Morrison, Still, Boyd, and McCullough
Nays : None.
(4) Eliminate this budget year $52,500 from the water meter replacement pro-
gram, and leave $7,500 in the budget to install sample meters.
Ayes : Aldermen Campsey, Boyd, Still, Morrison, and McCullough
Nays : Alderman Taylor.
(5) Eliminate $25,000 from the budget for understaffing in major departments.
Ayes : Aldermen Campsey, Boyd, Still, Morrison, and McCullough
Nays : Alderman Taylor.
(6) Eliminate $15,000 expenditure program for grant employees (solid waste,
narcotics, crime prevention) .
Ayes : Alderman Campsey
Nays : Alderman Boyd, Still, Taylor, Morrison, and McCullough.
(7) Reduce the ad valorem tax six cents to $1.82 per 100 dollar assessed
valuation. It was pointed out that this would cost the City $173,400.
Alderman Still desired to cut into the salary contingency fund and leave
an $80,000 surplus in the budget. Alderman Morrison did notagree.
Alderman Still pointed out that $100,000 of revenue sharing funds have
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been injected into the budget, and this should be considered. Alderman
Morrison stated that this surplus would be very close. Alderman Still
stated that in preparing a budget, expenses are always estimated a little
high and revenues a little low. The City Manager stated that he had pro-
jected an $84,000 ending balance, and that he is anticipating an approxi-
mate ending balance of $124,000.
Ayes : Aldermen Campsey, Boyd, Still, Taylor, and McCullough.
Nays : Alderman Morrison.
Alderman Morrison pointed out that he is not opposed to a tax cut as
such, but believes four cents would be more appropriate.
The meeting adjourned at 5 :10 P.M.
01
PASSED AND APPROVED this Oil/day of �� _ ���, 1973.
ayor
ATTEST:
City Clerk
THE STATE OF TEXAS )
PIPE LINE EASEMENT
COUNTY OF WICHITA )
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For and in consideration of the sum of Ten and No/100 Dollars ($10,00), the
receipt of which is hereby acknowledged, THE CITY OF WICHITA FALLS, a municipal
corporation of the State of Texas, acting by and through its duly authorized officers,
hereinafter referred to as Grantor, does hereby grant and convey unto COSDEN OIL &
CHEMICAL COMPANY, a Texas corporation, its successors and assigns, hereinafter
referred to as Grantee, the right to lay, construct, maintain, operate and remove a
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pipeline, and appurtenances necessary for and incident to the operation and protection
thereof, for the transportation of oil, gas, petroleum or any of its products, along a
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route in the alley between General Custer Drive and Geronimo Drive in the City of
Wichita Falls, Texas.
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Grantee shall have the right of ingress and egress to and from said pipeline for
the purposes aforesaid.
Grantee shall restore all pavement cuts and other excavations and/or ditches
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made in connection with the pipeline construction in a manner conforming with good
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engineering practices and satisfactory to the City Engineer.
I, It is further provided that Grantee shall be liable for damage, if any, to
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property of existing utilities, such as water mains, gas pipelines, water lines, telephone
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and telegraph cables; and, further, that Grantee shall save and hold harmless the
Grantor from any and all damages, if any, or claims thereof, including attorney's fees,
of third parties arising out of the construction, maintenance or operation of said
pipeline.
If, in the event it becomes necessary in the future to alter or lower the grade
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of the alley, then Grantee shall, after having first received notice of at least
sixty (60) days of such necessity, lower its pipeline, at the expense and cost of the
Grantee, to such depth as will not interfere with such improvements being made by
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The City of Wichita Falls, and in such manner as is satisfactory to the City Engineer.
The rights herein granted may be assigned in whole or in part.
The terms, conditions and provisions of this instrument shall extend to and be
binding upon the parties hereto, the successors in office of the signatories acting for
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the Grantor, and the successors and assigns of the Grantee.
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IN WITNESS WHEREOF, the parties have executed this instrument this
day of , 1973.
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ATTEST: THE CITY OF WICHITA FALLS, TEXAS
By:
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ATTEST: COSDEN OIL & CHEMICAL COMPANY
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I By,
HELEN GREEN P UL D. MEEK, PRESIDENTj
ASSISTANT SECRETARY
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THE STATE OF TEXAS )
' ) BEFORE ME, the undersigned, a Notary Public in
COUNTY OF WICHITA ) and for said County and State, on this day personally
appeared
Mayor of The City of Wichita Falls, known to me to be the person and officer whose
j name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said The City of Wichita Falls, a corporation, and that he executed
the some as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
j GIVEN UNDER MY HAND SEAL OF OFFICE, This day of
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A. D., 1973.
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Notary Public in and for Wichita ounty, exas
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jl THE STATE OF TEXAS ) j
) BEFORE ME, the undersigned a Notary Public in
COUNTY OF HOWARD ) and for said County and State, on this day personally
appeared PAUL D. MEEK, President, known to me to
be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said Cosden OiI & Chemical
Company, a corporation, and that he executed the same as the act of such corporation
for the purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of
A. D., 1973.
Notary Public in and for Howard ounty,
Texas
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AGREEMENT AND LEASE OF PREMISES
AT
WICHITA FALLS MUNICIPAL AIRPORT
THIS AGREEMENT, made and entered into as of the day of
, 1973 by and between the City of Wichita Falls, a municipal
corporation of the State of Texas (hereinafter referred to as the "City") .
and Rio Airways, Inc. a corporation organized and existing
under the laws of the State of Texas (hereinafter referred to as the
"Airline") .
W I T N E S S E T H
WHEREAS, the United States Air Force owns and operates a military
air field known as Sheppard Air Force Base located in the County of Wichita
State of Texas which Air Force Base depicted in Exhibit A; and
WHEREAS, the City leases a tract of land on Sheppard Air Force Base
on which Wichita Falls Municipal Airport is located, which airport is shown
in Exhibit B.
WHEREAS, the City has entered into an Agreement with the United
States Air Force which permits upon specified terms and under specified
conditions the use by civil aircraft of Sheppard Air Force Base and
necessary appurtenances at the Air Force Base; and
WHEREAS, the Airline is engaged in the business of air transportation
with respect to persons, property, cargo and mail; and
WHEREAS, the parties hereto desire to enter into an agreement for
the use of premises and facilities on said Air Force Base and into an
agreement for the lease and use of premises and facilities at said Airport,
all as more fully hereinafter set forth;
NOW, THEREFORE, the parties hereto, for and in consideration of the
rents, covenants and agreements contained herein, agree as follows :
ARTICLE I - Premises
City does hereby demise and let unto Airline, and Airlines does
hereby hire and take from City, the following premises and facilities,
rights, licenses and privileges on and in connection with the property
and improvements specified at said Air Force Base and Airport as more
particularly hereinafter set forth:
(A) Use of Air Force Base and Airport Areas: The use, as
authorized by that certain "Department of the Air Force Lease of Property
on Sheppard Air Force Base, Texas'! between the Secretary of the Air Force
and the City of Wichita Falls, Texas, effective May 15, 1959 and designated
Contract DA-41-443-eng-SSSl which is incorporated herein by reference, in
common with others authorized so to do, of said Air Force Base and Airport,
which use shall consist of:
(1) The operation of a transportation system by aircraft
for the carriage of persons, property and mail (hereinafter referred to
as "air transportation")
(2) The repairing, maintaining, conditioning, servicing
and parking of aircraft or other equipment of Airline;
(3) The training at the Air Force Base and Airport of
personnel in the employ of or to be employed by Airline, and the testing
of aircraft and other equipment, it being understood that such training
and testing shall be incident to the operation by Airline of its air
transportation system;
(4) The right to load and unload persons, property and mail
at said Airport by such motor cars, busses, trucks or other means of con-
veyance as Airline may desire or require in the operation of its air
transportation system, with the right to designate the particular carrier
or carriers who shall or may transport said persons, property and mail to
and from the Airport; provided, however, that such carrier or carriers
may be required by City to comply with rules and regulations of City and
to pay to City such fees as are provided for in Article V hereof; and
provided further that the foregoing shall not be construed as imposing
upon City any obligation other than the granting of such right;
(5) The right to install and operate advertising signs on
the leased premises, the general type, quantity and design of such signs
to be subject to the approval of City's Airport Manager.
(6) The right to install, maintain and operate such radio,
communications, meterological and aerial navigation equipment and facilities
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in, on and about the premises herein leased as may be necessary or
convenient, subject to the approval of City's Airport Manager.
(7) The rights and privileges granted Airline under this
Article I with respect to the performance of ground services and activity
in connection with its air transportation operations at the Air Force
Base and Airport may be exercised by Airline for and on behalf of any
other Air transportation company or companies authorized by City to use
the Air Force Base or Airport. Such rights and privileges shall be deemed
to include all activities incidental to the handling of reservations, the
ticketing of passengers, the receipt, dispatch, loading, unloading and
storage of passengers and their baggage; property, cargo and mail, and
all ramp repair, maintenance and dispatching services incidental to the
operation of aircraft at the Air Force Base and Airport and such storage
and fuel servicing as shall be authorized or furnished by Fixed Base
Operators having a contract with City. Such rights and privileges shall
be deemed to include all Airline aircraft operated as well as owned by
Airline, subject to the limitations specified in ARTICLE VIII.
(B) Space in Passenger Terminal Building: The use of
approximately 323 square feet of space in the Passenger Terminal Building
of the Airport, as shown on Exhibit C attached hereto and made a part hereof,
in connection with or incidental to its operation of an air transportation
system, such uses to include the sale of tickets, manifesting of passengers,
handling of mail, baggage and cargo, and the operation of a general traffic,
operations and communications office. It shall be further understood and
agreed that Airline shall provide Freight Building ingress/egress behind
its Ticket Counter to personnel of other airlines serving the Airport.
(C) Space in Freight Building: The use of approximately
550 square feet of space within said building as depicted on Exhibit D.
Airline shall be authorized to provide a fenced area within its authorized
space, however, Airline understands and agrees that vehicular and pedestrian
access will be provided to users of such Freight Building. Plans and speci-
fications for such fencing as Airline shall desire to erect shall be subject
to the approval of the Airport Manager.
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(D) Public Space in Passenger Terminal Building: The use
by Airline, its employees, passengers, guests, patrons and invitees, in
common with other, of all public space in said Passenger Terminal Building
and all additional public space which may hereafter be made available in
said Passenger Terminal Building, including its lobby, waiting room, hail-
ways, restrooms, and other public and passenger conveniences.
(E) Parking Space: The use by Airline employees in common with
others of such vehicular parking space as is provided for employees subject
to the Rules and Regulations as are applicable to parking at the Airport.
(F) Right of Access, Ingress and Egress: The full, free and
unrestricted access and ingress to and egress from the premises outlined
in (A) through (%) above, for Airline, its employees, passengers, guests,
patrons, invitees, suppliers of materials and furnishers of service, its or
their aircraft, equipment, vehicles, machinery and other property.
ARTICLE II - Term
Airline shall have and hold said premises, facilities, rights,
licenses and privileges set forth in Paragraphs (A) to (F) inclusive of
ARTICLE I for an initial term of five (5) years, beginning October 1,. .
1973 and ending September 30, 1978, except that the rents and fees herein-
after provided in ARTICLE III, Paragraphs (A) thru (C) shall be subject to
renegotiation upon thirty (30) days written notice by City after September 30,
1975.
On expiration -of this initial five (5) year term, Airline shall
have two successive one (1) year options to extend this lease agreement.
ARTICLE III - Landing, Ramp and Terminal Fees
(A) Landing Fees : Airline shall pay City $2.50 per scheduled
trip landing ,as reflected in the schedule published by City provided that
should airline utilize aircraft of over 22,000 pounds in such service,
Airline, in lieu of the above specified fee, shall pay to City a landing
fee at the rate currently charged other airlines serving the Airport.
This fee shall further be subject to renegotiation, if requested by City
in writing, at any time that the United States terminates use of Sheppard
Air Force Base as a military installation, as provided for in section 25g
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of Contract DA-41-443-eng-5551. In this event, the parties agree to
attempt, in good faith and immediately, to reach an agreement as to the
landing fee to be paid by Airline effective from and after the date City
assumes responsibility for control and maintenance of the landing areas,
runways, and taxiways and necessary appurtenances. In the event the
parties are unable to reach such agreement within sixty (60) days from the
date of receipt by Airline of City's request for renegotiation, City may
cancel and terminate this agreement by thirty (30) days written notice
to Airline.
The Airline shall, at least five (5) days in advance of any schedule
change, submit to City a published schedule showing the numbers of Airline's
scheduled trip landings, as outlined above at the Air Force Base. City
shall, following the end of each month, transmit to Airline a statement of
rentals, fees and charges incurred by Airline during said month as above
and hereinafter provided and same shall be paid by Airline within ten (10)
days following receipt of such statement. All unpaid monies due the City
hereunder shall bear a service charge of one and one-half (l,%) percent
per month if same is not paid and received by City within ten (10) days
after receipt of City's monthly statement. Airline agrees that it shall
pay and discharge all costs and expenses including attorney's fees incurred
or. expended by the City in collection of said delinquent amounts due.
(B) Porter Fees: Airline shall pay to City sixty-five cents (.65) per
scheduled trip landing, as prescribed in ARTICLE IIIA above, by Airline
for baggage service at the Airport. For said charge, City will provide
baggage porters to assist Airline's passengers, guests, patrons, and invitees
in carrying baggage from the front of the Passenger Terminal Building to
Airline's ticket counter, and from the baggage claim counter to the front of
the Terminal Building.
Airline hereby agrees to indemnify and hold the City harmless for
any and all claims for personal injury or damage to property incident to
or as a result of the City's employees assisting the Airline's passengers,
guests,patrons, and invitees in carrying their baggage.
(C) Rental With Respect to Passenger Terminal/Freight Buildings
Airline will pay the City a monthly rental for the spaces in the Terminal
and Freight Buildings leased pursuant to ARTICLE I (B) and (C) and designated on
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Exhibits C and D as ticket counter, office and freight space; for advertis-
ing space and for use of the Public Address System. City will supply heat,
li.glits and electricity to all space designated on Exhibit D, plus air-
conditioning and janitor service to Airline's leased space within the
Terminal Building at no cost to the Airline. The rental shall be charged
according to the following schedule:
Terminal/Freight Buildings Monthly Rental
Charges Charges
Effective Effective
l Oct '73 1 Jul 174
Office $ Ticket Counter (323 sf @ $10.09/sf/a) $192.50 $271.58 -
Freight Space (550 sf @ $3.47/sf/a) 114.58 159.04
Public Address System 15.00 25.00
Advertising Space 75.00 75.00
Total Monthly Rental $397.08 $530.62
ARTICLE IV - Right to Lease Property
City represents that it has the right, power and authority to
enter into this agreement with respect to said property specified herein
as the Air Force Base and Airport, together with all the facilities.
ARTICLE V - Other Charges or Fees
It is agreed that no charges, fees, or tolls, other than herein
expressly provided for, shall be charged or collected by City or by any
other person, firm or corporation presently or in the future having any
interest in said Air Force Base and Airport or any part thereof, except as.
to the right of Fixed Base Operators, operating under contract with City,
to• charge for storage, gasoline, fuel or services, from Airline, provided,
however, that the City may levy a reasonable charge against any taxi,
limousine or other company or operator carrying passengers to and/or
from said Airport other than transportation paid for by Airline as the
result of cancelled or interrupted flights.
ARTICLE VI - Maintenance and Operation of Airport
City agrees that it will maintain the said Airport and appur-
tenances in such manner as to comply with all appropriate local, State
and Federal regulatory authorities having jurisdiction thereof.
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City agrees during the term of this agreement to maintain and
operate and to keep in good repair said Airport, including Passenger
Terminal Building and the appurtenances, facilities and services now
or hereafter connected therewith, including all appurtenances and facilities
which the City should undertake to construct, furnish or supply and to
keep said Airport free from obstructions for the safe convenient and
proper use thereof by Airline.
It is expressly understood that the City will keep the public
space in the Passenger Terminal Building suitably furnished, and will
provide and supply, with respect to said building, adequate light, water
and electric power for the public space and Airline's exclusive space
therein and adequate heat and air conditioning sufficient to keep the
Passenger Terminal Building at all times at a reasonably comfortable
termperature, and will keep the said public spaces at all times, clean,
neat, orderly, sanitary and presentable.
ARTICLE VII Restaurant
The City covenants and agrees to use its best efforts to provide
in the Passenger Terminal Building a suitable restaurant which shall serve
good food at reasonable prices and shall remain open during the term hereof
such hours each day as to be reasonably available to Airline's passengers
and employees. The City agrees to give due consideration to any suggestions
or complaints of Airline with respect to said restaurant, and if reasonably
possible, to change the concessionaire within a reasonable time after
written demand of a majority of the scheduled air transportation airlines
if such written demand is based on good and sufficient cause.
ARTICLE VIII - Rules and Regulations
It shall be understood that BE 99/99A type, or similar capacity
aircraft will be used by Airline in its scheduled service provided, however,
that Airline shall have the right to temporarily substitute smaller air-
craft when operational and/or maintenance considerations require such
substitution to maintain its published schedule.
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In consideration of the requirements of City's Minimum Standards
for Aeronautical Activities with respect to charter operations, Airline
covenants to limit its charter activities to such aircraft as authorized
above for its scheduled service.
Airline covenants and agrees to observe and obey, and to require
all its employees to observe and obey, all reasonable rules and regulations
which may from time to time during the term hereof be promulgated and
enforced by City for the conduct and operation of the Air Force Base and
Airport.
Airline shall provide its own ticketing, reservations,and baggage/
cargo handling personnel to and from its ticket counter and its aircraft.
City shall provide uniformed baggage porters during the hours the terminal
building is open to assist Airline's customers with their baggage from
the street to the check-in counter and from the baggage claim counter to
the street.
Airline shall make every effort to move its baggage from its
passenger counter to the ramp as rapidly as possible in order to prevent
congestion in or around its ticket counter. Piling of carry-on baggage,
suit bags or other customer hand luggage in, or around Airline's ticket
counter in such a manner as to interfere with the other tenants or customers
of the Airport shall not be permitted.
Airline agrees to conduct its operations in a fair and business-
like manner. Loud, boisterous conduct, solicitation of customers by Air-
line's employees, or excessive use of the public address system in such a
manner as to attract undue attention, shall be cause for City to immediately
suspend the rights granted hereunder.
Airline shall have the right, in common with other scheduled carriers,
to use the terminal parking ramp and gate loading positions, provided, this
is a cooperative effort and Airline's aircraft are to be moved to, or away
from the gate positions within fifteen (15) minutes before departure or
after arrivals.
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ARTICLE IX - Damage or Destruction of Building
If any building in which Airline occupies exclusive space here-
under shall be partially damaged by fire or other casualty but not rendered
untenantable, the same may be repaired by the City at its own cost and
expense. If the damage shall be so extensive as to render the premises
untenantable the rent payable hereunder with respect to the Airline's
exclusive space and the services therewith shall be proportionately paid
up to the time of such damage and shall thenceforth cease until such
time as the premises shall be in order or until suitable space be provided.
In case said building is completely destroyed by fire or other casualty
or so damaged that it will remain untenantable for more than sixty (60)
days, at the option of the City, either 1) said building shall be repaired
or reconstructed and the rent payable hereunder with respect to Airline's
exclusive space and the services therewith in said building shall be pro-
portionately paid up to the time of such damage or destruction and shall
thenceforth cease until such time as the premises shall be put in order;
or 2) within sixty (60) days after the time of such damage or destruction
and before the premises shall be put in order, the City may give notice
of its intention to cancel this lease or to cancel such part of this
lease as relates only to said building, in which case this lease or such
part of this lease, as relates only to said building, shall forthwith
cease and terminate
ARTICLE X - Cancellation By City
This contract is entered into upon the warranty to City by Airline
that it will promptly discharge all financial responsibilities which accrue
under this contract to City; that it will promptly pay all accounts, if
any, owing to Fixed Base and other Operators at the Airport; and that it
will, during the term of this lease, maintain a position of financial
responsibility to its creditors as well as to the City. The City reserves
the right to cancel this agreement upon thirty (30) days written notice at
any time the City Council deems the continuance of the Airline is not in
the best interest of the City or the public and to support such other
airline as City deems appropriate in obtaining the necessary certificates
to operate over the same or other routes served by Airline.
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Failure on the part of Airline to pay the rent hereunder within
fifteen days after same shall become due, time being of the essence, shall
authorize City, at its option and without any legal proceedings, or notice,
to declare this lease terminated, cancel the same, and re-enter and take
possession of the premises and to terminate the right of Airline to utilize
Airport facilities and the Airport. Further, should Airline default in
the performance of any of its other duties or covenants contained herein
and fail to cure such default within fifteen days after written notice
thereon from City, then City may, at its option, terminate all rights,
privileges and interests of Airline and repossess all premises herein
leased, and in such event, Airline agrees to deliver possession of the
same peaceably and relinquish all rights incident thereto.
In the event that Airline shall file a voluntary petition in
bankruptcy or that proceedings in bankruptcy shall be instituted against
it or that the Court shall take jurisdiction of Airline and its assets
pursuant to proceedings brought under the provisions of any Federal re-
organization act, or that a receiver of Airline's assets shall be appointed,
or that Airline shall be divested of its estate herein by other operation
of law or that Airline shall fail to perform, keep and observe any of the
terms, covenants or conditions herein contained on the part of Airline to
be performed, kept or observed, the City may give Airline notice in
writing of intent to terminate this lease and the term hereby demised
shall thereupon cease.
The acceptance of rental by City for any
or period periods after
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a default of any of the terms, covenants or conditions herein contained to
be performed, kept and observed by Airline shall not be deemed a waiver of
any right on the part of City to cancel this lease for failure by Airline
so to perform, keep or observe any of the terms, covenants or conditions
hereof to tie performed, kept and observed. No waiver of default by City
of any of the terms, covenants, or conditions hereof to be performed, kept
and observed by Airline shall be construed to be or act as a waiver of any
subsequent default of any of the terms, covenants and conditions herein
contained to be performed, kept and observed by Airline.
City may also terminate this lease by written notice to Airline
in the event of the assumption by the United States Government or any
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authorized agency thereof of the operation, control or use of said Air r
Force Base, Airport and facilities or any substantial part of parts thereof
in such manner as to prevent the City, for a period of at least ninety (90)
days, from performance of its obligations under the terms, covenants and
conditions hereof to be performed, kept and observed by City.
Issuance by any court of competent jurisdiction of an injunction
in any way preventing or restraining the use of said Air Force Base or
Airport or any part thereof for airport purposes, and the remaining in
force of such injunction for a period of at least fifteen (15) days; or
any action of the Federal Aviation Administration, Civil Aeronautics
Board or Texas Aeronautics Commission terminating the right of Airline to
operate into, from or through said Air Force Base such aircraft as Airline
may reasonably desire to operate thereon shall authorize City to terminate
such lease on written notice to Airline.
ARTICLE XI - Cancellation By Airline
Airline, in addition to any right of cancellation or any other
right herein given to airline, may cancel this agreement, in whole or
only insofar as it relates to any building, and terminate all or any of
its obligations hereunder at any time, by thirty (30) days notice to City,
upon or after the happening of any one of the following events.
CA) Issuance by any court of competent jurisdiction of an injunction
in any way preventing or restraining the use of said Air Force Base or
Airport or any part thereof for airport purposes, and the remaining in
force of such injunction for a period of at least fifteen (15) days;
(B) The failure or refusal of the Federal Aviation Administration
or the Texas Aeronautics Commission to continue to grant Airline the right
to operate into and from said Air Force Base;
(C) Any action of the Federal Aviation Administration, Civil
Aeronautics Board or Texas Aeronautics Commission refusing to permit Air-
line to operate into, from or through said Air Force Base such aircraft
as Airline may reasonably desire to operate thereon;
(D) The breach by City of any of the covenants or agreements
herein contained and the failure of City to remedy such breach for a
period of thirty (30) days after receipt of a written notice of the existence
of such breach;
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(E) The inability of Airline to use the Air Force Base or any of
the premises, facilities, rights, licenses, services or privileges leased
to Airline hereunder for a period of excess of thirty (30) days because
of any law or any order, rule or regulation of any appropriate govern-
mental authority having jurisdiction over the operations of Airline, or ,
because of war, earthquake or other casualty;
(F) The assumption by the United States Government or any
authorized agency thereof of the use, maintenance or operation of said
Air Force Base, Airport and facilities or any substantial part or parts
thereof in such manner as to prevent the full use and enjoyment by the
Airline of its rights under this lease;
(G) The erection of any obstacle on or in the vicinity of said
Air Force Base which would occasion a cancellation of Airline's air
carrier operating certificate or similar authorization establishing minimum
safety standards for the operations of airline.
(H) If by reason of any action or non-action of the Civil Aeronau-
tics Board or other governmental agency having jurisdiction to grant a
certificate of convenience and necessity or similar document authorizing
the Airline to operate aircraft in or out of the Air Force Base (including
. action in the nature of alteration, amendment, modification, suspension,
cancellation or revocation of any such certificate or document) , the
the Airline shall cease to have authority to operate aircraft in or out
of the Air Force Base pursuant to such certificate or document.
ARTICLE XII - Indemnity
Airline agrees to indemnify and hold City harmless from and
against all liability for injuries to persons or damage to property
caused by Airline's negligent use or occupancy of the Air Force Base
and Airport or negligent operation of aircraft, provided that City shall
give to Airline prompt and timely notice of any claim made or suit in-
stituted which in any way, directly or indirectly, contingently or
otherwise, affects or might affect Airline. Airline shall maintain
during the term of this lease, at its own expense, standard form policies
of insurance which shall name the City as co-insured and copies of which
shall be provided City.
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Comprehensive General Liability for Premises and Operations:
Bodily Injury 300,000 each accident
Property Damage 300,000 each accident
Motor Vehicle Liability:
Bodily Injury 300,000 each accident
Property Damage 300,000 each accident
Limits as required above are considered to be minimum require-
ments only and Airline in the public weal is encouraged to carry higher
limits .
ARTICLE XIII - Quiet Enjoyment
City agrees that, on payment of the rent and performance of the
covenants and agreements on the part of the Airline to be performed here-
under, Airline shall peaceably have and enjoy the leased premises and all
the rights and privileges of said Air Force Base and Airport, its appurtenances
and facilities, as herein provided.
ARTICLE XIV - Surrender of Possession
Airline agrees to yield and deliver to City possession of the
premises leased herein at the termination of this lease, by expiration or
otherwise, or of any renewal or extension hereof, in good condition in
accordance with its express obligations hereunder only, except for damage
due to reasonable wear and tear, fire and other casualty.
ARTICLE XV - Assignment, Transfer and Compliance
(A) Airline shall not assign or transfer this agreement nor any
privileges hereunder and shall not assign or sublet or mortgage all or any
part of the premises leased hereby, whether voluntarily or involuntarily,
without the prior written consent of the City. If Airline, without secur-
ing prior written approval of City, attempts to effect such a transfer,
assignment, sublease or mortgage, or if a transfer occurs by operation
of law, City may terminate this agreement upon written notice to Airline.
(B) Operation of Premises For Use and Benefit of Public: Airline
t
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agrees to furnish good, prompt and efficient service adequate to meet all
the demands for its service at the Airport, and to furnish said service
on a fair, equal and non-discriminatory basis to all users thereof, and
to charge fair, reasonable, and non-discriminitory prices for such service.
(C) Non-Discrimination: Airline, its agents and enployees will
not discriminate against any person or class of persons by reason of sex, race,
color, creed or national origin in providing any services or in the use
of any of its facilities provided for the public, in any manner prohibited
by Part 21 of the Federal Transportation Regulations. Airline further
agrees to comply with such enforcement procedures as the United States
might demand that the City take in order to comply with the sponsor's
assurances.
(D) Non-Exclusive Rights Clause: Airline understands and agrees
that nothing herein contained shall be construed to grant or authorize
the granting of an exclusive right.
ARTICLE XVI - Improvements
Airline shall not make or permit any additions, improvements
or alterations to the leased area without prior written consent of the
City of Wichita Falls. Any such additions, improvements or alterations
made with consent of the City shall be solely at the expense of Airline
and, unless such consent specifically provides that title to the addition
or improvement so made shall vest in Airline, title thereto shall at all
times remain in the City and such additions or improvements shall be
subject to all terms and conditions of this instrument.
ARTICLE XVII - City Agent
City hereby designates its Airport Manager, as well as its City
Manager and such official as he may designate, as its official representa-
tive, with the full power to represent City in all dealings with the
Airline in connection with the premises herein leased.
ARTICLE XVZII - Notices
Notices .to the City provided for herein shall be sufficient if
sent by registered or certified mail, postage prepaid, addressed to the
Airport Manager, Wichita Falls Municipal Airport, Route 4, Box 72-E,
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Wichita Falls, Texas 76301; and notices to the Airline if sent by
registered or certified mail, postage prepaid, addressed to Rio Airways,
Inc. , P. 0. Box 636, Killeen, Texas 76541, or to such other respective
addresses as the parties may designate in writing from time to time.
ARTICLE XIX - Aircraft Service by Owner or Operator of Aircraft
It is clearly understood by the Airline that no right or priv-
ilege has been granted which would operate to prevent any person, firm,
or corporation operating aircraft on the Airport from performing any
services on its own aircraft with its own regular employees (including,
but not limited to, maintenance and repair) that it may choose to perform.
ARTICLE XX - Development of Wichita Falls Municipal Airport
City reserves the right to further develop or improve the Airport
as it sees fit, regardless of the desires or view of the Airline, and with-
out interference or hindrance. If the physical development of the Airport
requires the relocation of the Airline, the City agrees to provide a com-
parable location and agrees to relocate all buildings or provide similar
facilities for the Airline at no cost to the Airline.
ARTICLE XXI - War or National Emergency
During the time of war or national emergency, City shall have the
right to return the Airport or any part thereof to the United States
Government for military or naval use, and, if such right is executed, the
provisions of the lease with the Government shall be suspended.
ARTICLE XXII - Subordination
This lease shall be subordinate to the provisions of any exist-
ing or future agreement between City and the United States, relative to
the operation or maintenance of the Airport, the execution of which
has been or may be required as a condition precedent to the expenditure
of Federal Funds for the development of the Airport.
ARTICLE XXIII - Hold Harmless
Airline shall be solely responsible for the conduct of its air
'transportation operations at Airport and shall hold City and its Agents
harmless from all liability in connection with its operation.
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ARTICLE XXIV - Headings
The article and paragraph headings are inserted only as a
matter of convenience and for reference and in no way define, limit
or describe the scope or intent of any provisions of this lease.
ARTICLE XXV - Invalid Provision
It is further expressly understood and agreed by and between
the parties hereto that in the event any covenant, condition or provision
Herein contained is held to be invalid by any court of competent juris-
diction, the invalidity of any such covenant, condition or provision
shall in no way affect any other covenants, conditions or provisions
herein contained; provided, however, that the invalidity of any such
covenant, condition or provision does not materially prejudice either
City or the Airline in their respective rights and obligations contained
in the valid covenants, conditions or provisions in this agreement.
IN WITNESS WEREOF, the parties have caused this agreement to
be executed as of the day and year first above written.
CITY OF WICHITA FALLS:
BY:
GerQa G. Fox, Ci M nager
ATTEST:
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BY:�._�%1�'/') zz ,
Wilma J. Thomas, City Clerk
RIO AIRWAYS, INC.
BY:
Mark S. Connell, President
APPROVED AS TO FORM:
BY.
H. P. Hodge, Vc6y
Attorney
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THE STATE OF TEXAS
COUNTY OF WICHITA §
KNOW ALL MEN BY THESE PRESENTS , that the City of Wichita
Falls, Texas, a municipal corporation, acting by and through
its duly authorized officers, for and in consideration of the
sum of one dollar and other consideration to it in hand paid
by the Children' s Aid Society of West Texas, Inc. , have granted,
sold and conveyed, and by these presents do grant, sell and
convey unto the said Children' s Aid Society of West Texas, Inc. ,
subject to the hereinafter set out condition subsequent, all
that certain lot, tract and parcel of land situated in Wichita
County, Texas, to-wit:
The northwest 120 feet of Lots I and J, and
the east 25 feet of the northwest 120
feet of Lot H, of the Francis Subdivision
of Block 244 of the Original Townsite of
the City of Wichita Falls, Texas, accord-
ing to the plat of record in the office
of the County Clerk of Wichita County,
Texas.
It is anticipated by the parties hereto that the Grantee
will sell the above property, and use the proceeds therefrom
for construction of a new facility at a new location. In the
event such proceeds are not so used by the Grantee, then the
Grantor shall have the right to reenter and recover the title
to the property herein conveyed.
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging, unto the said Children' s Aid Society of West
Texas, Inc. , its successors and assigns forever, subject to
said condition subsequent. And the Grantor does hereby bind
itself, and its successors, to warrant and forever defend all
and singular the said premises unto the said Grantee, its suc-
cessors and assigns, against every person whomsoever, lawfully
claiming or to claim the same, or any part thereof, by, through
or under Grantor, but not otherwise.
IN WITNESS WHEREOF, Grantor has caused these presents to
be executed by its duly authorized officers this the day
of 1 1973.
THE CITY OF WICHITA FALLS , TEXAS
By.
rear G. hox, City Manager
City Clerk
5`! C)F Au
COTj�;-"Y T T—VITA
BEI' 11;E ME , the undersigned, a Notary Public in and for
Wichita County, Texas, on this day personally appeared Gerald
G. Fox, City 4111anager of t::e City of Wichita Falls, Texas, a
municipal corporation, knov)ri to r e to be the person and officer
whose name is subscribed to the foregoing instrument and ack-
knowleged to me t'iat the same w_. > the ac , of the said City of
Wichita falls, `-exas , a ;':UI1i ''_Chj)ai corporation, and that he
executed the same as the act of s.--id City of Wichita Falls for
the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVMi UNDER ''IY HAND I`:TdD SEAL, OF OFFICE , this the
day of 1973 .
Public , in and for Wichita
County, Texas
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