Min 04/23/1974 938
Wichita Falls, Texas
Memorial Auditorium Building
April 23, 1974
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 10:00 o'clock A.M. , with the following members present:
Max Kruger Mayor
Harry Campsey
P Y X
Harrison E. Taylor
Lonny Morrison Aldermen
Joe N. Prothro
J. C. Boyd, Jr.
Peggy McCullough
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The meeting was called to order by Mayor Kruger.
I
Item 3
Moved by Alderman Campsey that minutes of the meeting held April 8, 1974,
be approved.
Motion seconded by Alderman Morrison, and carried unanimously.
Item 4
A public hearing was opened on hazardous structures. No one desired to be
heard.
, ORDINANCE NO. 2862
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH
SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF
THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Alderman Campsey that Ordinance No. 2862 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays: None.
Item 5a
A proposed ordinance was presented closing a portion of the alley in Block 21
of Original Town, as requested by Leon Flake.
ORDINANCE NO. 2863
AN ORDINANCE CLOSING AND ABANDONING THAT PORTION OF THE ALLEY IN BLOCK 21
OF THE ORIGINAL TOWN LYING BETWEEN THE NORTH RIGHT-OF-WAY LINE OF JEFFERSON
STREET AND A POINT 100 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF MADISON
STREET.
Moved by Alderwoman McCullough that Ordinance No. 2863 be passed.
Motion seconded by Alderman Morrison.
939
Item 5a, cont'd.
Alderman Taylor inquired into the logic behind the closing, since it appears
that it involves the whole block of alley. Stephen Ondrejas stated that all re-
quests for alley closures are investigated, and in this area the entire property
abutting the alley is owned by a corporation. He agreed that we do have to be
concerned with the alley closures. We will retain an easement for utility pur-
poses. Alderman Prothro inquired what 'basic standards we use for closing an
alley. Mr. Ondrejas explained that there are various reasons, such as it no long-
er being in use, or that it is no longer needed for utilities. Adjoining property
owners are also given consideration.
The motion was carried by the following vote:
Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
Item 5b
A proposed ordinance was presented establishing no parking on a portion of
Piedmont Place and Old Jacksboro Highway.
ORDINANCE NO. 2864
AN ORDINANCE ADCENDING PARAGRAPH (c) OF SECTION 29-114 OF THE TRAFFIC
ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS,
ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS AND HIGHWAY, AND DECLARING
AN EMERGENCY.
Moved by Alderman Taylor that Ordinance No. 2864 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote :
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None:
Item 6a
A proposed resolution was presented establishing admission charges for Lucy
Park swimming pool.
Alderman Morrison mentioned that in the Park Board minutes, it was noted that
no person could bring more than two non-swimmers (children under 7 years of age)
into the pool. Mr. Rigby stated that would be a part of their rules and regula-
tions, and that it would be enforced. There should be an adult for each two
children. There will be three life guards on duty at all times. Mr. Rigby ex-
plained that there will be a six foot chain link fence with three strands of
barbed wire at the top to prevent anyone from entering after the pool is closed.
Alderman Boyd noted that several of the cities surveyed showed a further
breakdown in admission charges for various ages, and inquired why this was not
pursued here. Mr. Rigby explained that the rates of some of the cities are old,
and that they are beginning to look at different rates. The City Manager pointed
out the sometimes difficulty in distinguishing between certain ages, and stated
that he believes this rate will be satisfactory.
RESOLUTION NO. 1525
RESOLUTION ESTABLISHING ADMISSION FEES FOR LUCY PARK SWIMMING POOL.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
The following fees are hereby established for admission to the Lucy Park
Swimming Pool:
Ages 7 years old and above $ .50
Ages 6 years old and under Free with paying qualified
swimmer
Cards good for twenty swims $7.50
940
Item 6a, cont'd.
Moved by Alderman Morrison that Resolution No. 1525 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes: Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays: None.
Item 6b
A proposed resolution was presented authorizing the City Manager to execute
a lease agreement with Robert Seabury for aqueduct right-of-way adjacent to the
French Quarter Shopping Center.
RESOLUTION NO. 1526
RESOLUTION AUTHORIZING LEASE OF PORTION OF CITY AQUEDUCT RIGHT-OF-WAY TO
ROBERT SEABURY FOR PARKING.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS ,
THAT:
The City Manager is hereby authorized to execute, for the City of Wichita
Falls, a lease to Robert Seabury of a portion of the city aqueduct right-of-way.
The tract to be leased lies between Midwestern Parkway and Taft Street, it adjoins
French Village Shopping Center, it is 250 feet long by 60 feet wide, and it is
to be used for parking purposes only. The rental shall be $400 per year; the
lease shall be for a term of five (5) years, and shall contain four successive five
(5) year options to renew.
Moved by Alderman Campsey that Resolution No. 1526 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays: None.
Item 6c
r
A proposed resolution was presented approving a lease between North Central
Texas Medical Foundation and the Wichita Falls City/County Board of Health. The
City Manager explained that this is almost the same lease as was had previously
with O.E.O. Dr. Charles Parker explained that the Foundation is a branch of the
Wichita County Medical Society, with powers vested in them which the Medical
Society does not have, such as grant applications.
RESOLUTION NO. 1527
RESOLUTION APPROVING LEASE TO THE NORTH CENTRAL TEXAS MEDICAL FOUNDATION OF
SPACE IN HEALTH CENTER FOR FAMILY PLANNING PROGRAM.
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, from the Wichita Falls
City-Wichita County Board of Health, as Lessor, and The North Central Texas Medical
Foundation, as Lessee, of certain space in the Wichita Falls City-Wichita County
Health Center, for a term of one year, with an option to renew for an additional
one year, is hereby approved, and execution of the same by said Board of Health is
hereby authorized.
Moved by Alderman Boyd that Resolution No. 1527 be passed.
Motion seconded by Alderman Campsey, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
Nays : None.
941
r
Item 6d
A proposed resolution was presented authorizing proposals to property owners
on Kell Freeway project.
RESOLUTION NO. 1528
RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY AND AUTHORIZING
THEIR PURCHASE OR CONDEMNATION.
WHEREAS, it is necessary to acquire the properties hereinafter described for
construction of the listed project in the 1967 Capital Improvement Program, and,
WHEREAS, such properties have been appraised by independent appraisers em-
ployed for this purpose by the Texas State Highway Department, and the amount of
the state approved values, as determined from the appraisals, have been studied
by the Board of Aldermen, and copies are now in the possession of the Director
of Public Works and/or Assistant City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS , TEXAS , THAT:
SECTION NO. 1 The project and properties to be purchased by Warranty Deed
are as follows :
Kell Freeway - Project 52-380
Warranty Deed
1.287.5 s.f. Lot 4, Block H, Grainger & Ballow's Addn.
4,023. s.f. Lots 7 & 8, Block A, Kings Addn.
500 s.f. of Lot 17, Block 2, Boyd 's S/D of Grainger Park Addn.
124 s.f. of 'Lot 1, Block 1, Boyd's S/D Grainger Park Addn.
375 s.f. of Lot 7 & 8, Block 9, Bateson Second Addition
Lot 3, Block J, Grainger & Ballow's Addition
Lot 22, Block 6, Boyd 's S/D Grainger Park Addn.
Lots 22 & 23, Block 8, Bateson Second Addn.
Lot 18, Block 1, Bateson Second Addition
Lots 1, 2 & W. 18' of 3, Block 1, Barwise & Jalonic Addition
M. 30' of Lot 11, Block E, Grainger & Ballow's Addn.
W. 25 ' of Lot 11, Block E, Grainger & Ballow's Addition
Pt. of Lot 12, Block: 6, Boyd 's S/D Grainger Park Addition
Lot 7 & 8, Block J, Grainger & Ballow's Addition
Lot 16, Block 1, Boyd 's S/D Grainger Park Addition
Lot 5, Block 8, Bateson Second Addition
Part of Lots 25, 26 & B, Block 1, Bateson Second Addition
Combined total of values approved in this resolution -------------$97.,620.00
SECTION NO. 2 The values of such properties are hereby approved and the City
Manager is hereby authorized to purchase in the name, of the Texas State Highway
Department or the City of Wichita Falls, by Warranty Deed, such tracts of land as
shown on the project right-of-way map. The authorized price to be paid for such
tracts are the State approved values as determined from appraisals made by the
independent real estate appraisers employed by the Texas State Highway Department.
942
Item 6d, cont'd.
SECTION NO. 3 In the event the City Manager is unable to purchase any such
tracts for such approved values, he is hereby authorized and directed to cause
to be instituted condemnation proceedings to obtain such tracts in the name of
j the Texas State Highway Department or the City of Wichita Falls.
Moved by Alderman Taylor that Resolution No. 1528 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen Campsey, Taylor, Morrison, Prothro, Boyd, and McCullough
j Nays : None.
Some discussion followed on the purchase of property, tax evaluation, and
appraised value. Ernest Lillard explained that approximately 60 percent of the
i required acreage has been purchased. Most of the residential properties have been
acquired, with commercial properties—now beginning—to come in.
Item 7a & b
Permission was requested to advertise for bids for sanitary sewer improvements
in the Lake Wichita area, and for construction of roadways in Rosemont_ Cemetery.
Moved by Alderman Boyd that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Morrison, and carried unanimously.
i
Item 8
Moved by Alderman Morrison that minutes of the meetings of the following
boards and commissions be received.
a. Board of Electrical Examiners - April 9, 1974
b. Traffic Commission - April 9, 1974
d. Aviation Advisory Board - March 20, 1974
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 9
A proclamation was read by Mayor Kruger declaring the month of May as Texans
Try Transit Month (copy attached) in Wichita Falls.
Alderman Boyd commented on the report of Ed Ilschner, Jr. , Director of Traffic
and Transportation, regarding an advertising program for the transit system. He
recommended use of 1% to 12% of gross revenues for that purpose. Alderman Boyd
and Alderwoman McCullough stated that they were in favor of this.
Moved by Alderman Boyd that monies not to exceed 125'. of gross revenues for
the preceding month from the transit system be appropriated to be used for six
months to promote that system in order to encourage more riders, and that the
method of advertising be worked out with the media involved by the Director of
Traffic and Transportation.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Item 9b
Discussion was held on the Airport Master plan recommendations.
✓
Paul Teague addressed the Council as a member of the Aviation Advisory Board.
He stated that an extensive study was made of the Bovay report. The report is
exactly what they asked for, and the information is accurate. They recommended
that air carrier service be continued at Sheppard Air Force Base, and that a long
range plan be developed for a new publicly-owned general aviation facility at
943
Item 9b, cont'd.
an existing or new airport site. The Aviation Advisory Board disagreed with the
latter part of the recommendation because any one of the present airports is
more than adequate to handle double their usage. Site selection might change a
great deal in 25 years. They believe that improvement at Sheppard should be con-
tinued. Everything is already there. The projected usage for general aviation
facilities in 25 years is 197,000. All the airports now have more capacity than
that - 215,000. Bovay selected Alternative II because of the possibility that
all facilities will be available to serve this sector of the aviation community.
Alderman Boyd stated that as he sees it the Aviation Advisory Board disagrees
with Bovay primarily as a matter of timing, and that it should. be looked at with-
in a few years.
Ray Petty appeared for Bovay Engineers. He stated that they did not fore-
cast the question of military traffic. The Air Force gave them this information.
It is forecast based on things staying as they are. They are currently operating
on some limits now. He commented on the capacity of runways of the airport. It
assumes adequate taxiways also. He does not believe that Kickapoo has the neces-
sary taxiways. John Coppage, owner of Kickapoo, disagreed with this, stating
that he has the essence of a parallel taxiway, and explained it. Mr. Petty stated
that they chose not to make an issue of capacity because they feel other things
are more important, such as facilities. He believes the City should begin plan-
ning for another airport because the facilities which the City now 'has have limita-
tions, and he does not believe the City is necessarily in good shape. He did not
advise waiting five years.
Mr. Bob Boswell appeared as the FAA representative from Fort Worth. He ex-
plained that they do not have any problems with Bovay's report. Their interest in
the master plan program is to give them a figure to project into the future to see
whether they can accommodate the needs of the various airports. He feels that if
they will be required to move in the future that now is the time to begin planning.
He believes the City would be wise to have their eyes on a location for expansion
of runways with a longer length. If private airports can satisfy general aviation,
it might be wise to take a closer look to see what their limitations are. He
stated that they may not be able to get the land for a suitable site if they wait
too long.
John Coppage stated that they have a parallel taxiway planned at Kickapoo, and
the facilities will be more than adequate. They hope to have the taxiway completed
just as soon as the volume of business demands it. At this time Kickapoo can
handle the new generation jets coming into being. The need for long runways is
decreasing for general aviation aircraft. He stated that they are just now begin-
ning to show an increase in volume since new ownership two years ago. Instrumental
landings can be handled there most of the time. Alderman Boyd inquired of Mr.
Coppage if it would be possible to negotiate some type of contract for the use of
his facilities, and he stated that it would be.
The City Manager stated that the staff agrees with Alternative No. I, but
that Paragraph B of the Aviation Advisory Board 's recommendation not be accepted.
Alderman Morrison did not recommend buying any property, but suggested a covenant
for a specified number of years. This covenant would commit the use of the land
for a number of years for some contractual agreement. Mr. Coppage stated that if
his operation becomes economically not feasible then he feels a general aviation
airport facility would be totally unfeasible. He stated that the only way he
would give up the operations would be because of oppressive taxes by the City of
Wichita Falls.
Alderman Morrison stated that the Aviation Advisory Board was erected to
shoulder some of the responsibility of the airport, and he feels their recommenda-
tions should be treated with some deference.
Moved by Alderman Morrison that Alternative I be adopted as recommended
by the Aviation Advisory Board to continue developing the civil terminal area at
Municipal Airport as the only publicy-owned general aviation and air carrier
facility, and that the City Manager and his staff, with or without the assistance
of Bovay, make further study and recommendations regarding the City of Wichita
Falls entering into a contractual agreement with one or more of the present pri-
vate airports for the purpose of developing whether these assurances are avail-
able for general aviation facilities other than at the Sheppard Air Force Base
facility, and the continued improvement and growth of such private airport.
944
Item 9b, cont'd.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Mayor Kruger, Aldermen Campsey, Taylor, Morrison Prothro Boyd,
and McCullough
Nays : None.
Item 10a
I
Mayor Kruger appointed Alderman Harrison Taylor as Mayor Pro-tem.
Moved by Alderman Morrison that the appointment be confirmed.
Motion seconded by Alderman Boyd, and carried unanimously.
Alderman Taylor abstained from voting.
Item 10b
Mayor Kruger made the following alderman appointments to various boards and
commissions.
V_'a. Data Access Control Board - Alderman Prothro
b. Planning Board - Alderman Boyd
C. Park Board - Alderman Prothro
d. Traffic Commission - Alderman Campsey
e. Human Relations Commission - Alderwoman McCullough
f. Airport Advisory Board - Alderman Taylor
g. Hospital Board - Alderman Morrison
h. Nortex General Membership - Aldermen Morrison, Campsey, and McCullough
i. Nortex Executive Committee - Max Kruger & J. C. Boyd, Jr.
Moved by Alderwoman McCullough that the appointments be confirmed.
Motion seconded by Alderman Campsey, and carried unanimously.
Alderman Morrison stated that they have received a staff analysis concerning
morale in the police and fire departments.
Moved by Alderman Morrison that this item be placed on the agenda for the
next council meeting.
Motion seconded by Alderwoman McCullough, and carried unanimously.
Moved by Alderman Campsey that the meeting be adjourned.
Motion seconded by Alderman Boyd, and carried unanimously.
The Board of Aldermen adjourned at 12 :16 P.M.
PASSED AND APPROVED this day of �4,e4 , 1974.
Mayor
ATTEST:
City Clerk
�I � • .,a
O(J Lce of the MAYOR
'� _ L 4
�% Sa
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ti
halm: the people of the state and nation are
involved in an effort to conserve fuel, and,
WHEREAS, Governor Dolph Briscoe has proclaimed
the month of May as
TEXANS TRY TRANSIT MONTH,
and has urged all Texans to ease the fuel problem in
Texas by riding the public transit vehicles whenever
possible; and,
WHEREAS, two of the most effective methods of
conserving fuel are the use of carpools and public
transit systems; and,
WHEREAS , the City of Wichita Falls has recently
acquired six attractive, comfortable new buses for
its Public Transportation Department.
NOW, THEREFORE, I , Max Kruger, Mayor of the City
of Wichita Falls, do hereby proclaim the month of May
as
TEXANS TRY TRANSIT MONTH
in the City of Wichita Falls, and urge all Wichitans
to help ease the fuel problem by riding the public
transit vehicles whenever possible.
WITNESS MY HAND THIS THE 23RD DAY OF APRIL, 1974.
MAYOR
THE STATE OF TEXAS
111:ova AL1. . � .._.
COUNTY OF 14ICIIITA
This Agreement of [.ease, made and enterer; into this, Li- . _ I st-_ ja'; of
March 1974, by and between 1..�ic rita falls City-` ici ita i,oui:e oar l of
Health, hereinafter referred to as Lessor, and Tile ' orth Centr,il 'I'cxa>; uir_sl
Foundation, hereinafter referred to as Lessee.
WIT"'IrSSEf[i:
That Lessor does uv these presents Lease and 1?emisc unto kussce t;ic follo•.j
ing dexcriued property, lying and tieing situated .i_u the �::ity o: ic;iiti :'alls , Co1_rnty
of Wichita, State of Texas, and being more narticul.arly descrii,e : as follo�s :
One office and a shared locked storeroom �vit'i i;arcd priorities as
outlined, and use of facilities of Wichita Falls (:ity-lJic„ita ;:ouuty
Health Center, as depicted and outlined in red and blue on tine plat
attached hereto and made a part hereof..
for a term beginning on tine Ist day of March -_ L)74, and ending on
the 28th day of February 1975, to be occupied for the purpose of conducting
Lessee's Family Planning Program and services only (and said demised premises are to
be used in no other manner and for no other purposes whatsoever without tine prior
g
yieldin and paying therefor the sum of `.7 ,8'10.r� : yearly,
written consent of Lessor) , P Y g
payable in equal monthly installments of $650.09 each on the first day of each month,
the first of such payments to be made on the first day of March 1974, and
at: the same rate for anv part of a month unexpired at the legal determination of this
lease, upon the following terms, conditions and covenants :
1st: Lessee shall pay the rent at the Wichita Falls City-Wicnita County
Health Center, 170n Third Street, Wichita Falls, Texas, monthly in advance as afore-
said, as the same shall fall due, as defined under condition and covenant �"13 of t:1is
agreement.
. 2nd: Tire Family Planning Program is to be operated at Wichita Falls City-
Wichita County riealth Center Building and shall at no time interfere with the duties
of the Wichita Falls City-idichita County Health ;enter nor its employees , an in tiie
event there is a conflict, such conflict shall oc resolved [,v the Director of t;ie
14iciiita Falls City-Wichita County health Center. The liedicat Director of t:re Family
Planning Program shall cooperate with tine Director of tire_ ;?ici:ita Valls Cit%-,.lichita
County Health Center in preventing any such interference. Any such interference
shall be cause for the Director of ttre 'v,ichita -,,Ills Citv-�!icllita County health
Center to cancel this contract immediately and 'i .e :I'ortii Central Texas "edical
Foundation shall have a reasouahle tine to remove ano, and all of its property anti
equipment.
3rd: The health Center shall provide a one-room office for a licenF:ed
Nurse Co-Ordinator and secretary of the Lessee's Far,ll.v Plannin ; Proarar;„ office
furniture for this room will be provided by the health Center.
1 . 4th: Lessor shall provide space as needed and available for t"1e clinical
sessions of the Family Planning Program. Lessor will. sizare >nace as avnil,�i� e iu
the waiting area for patients , use of reception desk in clinical area, interview
1 room or rooms as available, and examination rooms (the Director of the Wichita Falls
City-Wichita County health Center, at his discretion, shall allow use of one or more
of these examination room;, depending on whether or not thev are needed ;)v Lessor) .
A shared locked storage area for supplies and equipment :hill '-e .sl.ared t v ].c: sor
and Lessee with priorities as outlined.
5th: Lessee will provide their own telephones an(] nav their own telephone
. statements.
6th: Lessee will provide all necessary supplies and minor equipment for
operating a clinic. This will include disnosable drapes for patients, paper rolls
for examination tables, solutions for cold sterilization, sphv�!momanometers, stetho-
scopes, speculums , etc.
7th: Lessor will assume no responsibility in administering, sunervistnn_,
or conducting the Lessee's Familv Planning Program. The Familv Planning, Program
shall be under the direct supervision of a doctor of medicine who is a member in
good standing of the tdichita County Medical Association, hereinafter called "odical
Director, who shall he responsible for the proper carrying out of the professional
activities involved in the program. The licensed Nurse Co-Ordinator will he respon-
sible to the Medical Director supervising the program for professional services to
patients •in the Familv_ Planning Program and the conduct of Familv Planninn personnel
and patients and care of provided office and clinic space. There must always he a
doctor of medicine present during all clinical sessions , responsible for the program.
Any change in the Medical Direcotr of the program shall be communicated by Lessee
to Lessor immediately and confirmed in writing within 72 hours. In the absence of
the assigned nurse, no Familv Planning clinic shall be held in tie building of the
Wichita Falls City-Wichita County 'Health Center. Tlae >:amily Plannin(l personnel will
leave the waiting rooms and clinic area in a clean and orderly, manner following all
Family Planning clinical :ctivities.
3th: The office space and shared loc] ed ,torn-.e area v7ill be provided
on a full-time basis. The clinical space and waitinry areas will be provided at
such times as are designated in writing by the. Director of the Public Health Center.
Any desired change in schedules of the availability of the clinical space and wait-
ing areas shall be presented in writing by the medical director of the Family Plan-
ning Program to the director of the Public 1-tealth Center, who shall ire authorized
1 to make. such changes , subject to the approval of the Board of Health. The assigned
nurse will assume responsibility at each evening clinic to see that the building is
properly protected and cared for during clinical sessions and is locked following.
clinical activities.
9th: The Lessee will be responsible for manning all clinic and office
space obtained.
loth: The Lessee will be responsible for repairing or replacinp items
lost through breakage or pillage during the time period when clinics are being
conducted.
llth: Personnel employed by the Lessee, and participants in the Family
Planning Clinic, will abide by general standards of conduct required by employees
and patients of the Health Unit.
•
12th: Employees of Lessee will wear uniforms, different from those worn
by 'Health Center personnel, at all times while in the i!ealth Center. Their dress
will be neat, clean and in good taste.
13th: The Lessor will provide clinical space and one office to Lessee
at a cost agreed upon by Lessee and Lessor. This cost will be used as a contribu-
1 tion to the as local matching funds.
program
1 14th: Lessee shall, at its own expense and cost, throughout the term of
this lease and so long as it shall remain in possession of the demised premises ,
keep and maintain in good repair all portions of the building or iuildings located
upon the' demised premises (except the roof as hereinafter provided) , including all
fixtures and equipment, appurtenances and machinery therein which are brought into
and become a part of the real estate, and all glass, includinn, nut not limited to,
plate glass , window panes , etc. ; furthermore, Lessee shall keep t,te plumA ng worl:,
closets, pipes and fixtures belonging thereto in good repair, and keep the water
pipes and connections free from ice and all other oOstructions , to the satisfaction
ii of the municipal, police and any other governmental aut:iority, luring the term of
this lease. Lessee small not overload the carryin'; capacity of the floors of the
demised premises. Like:aise, it shall be the o,)li gation of Lessee to 'seep an(! main-
tain in good repair, t;he sic.a1,ai-; , drivewa?s and ( ur:)S, if anv, adjoining ne demis--
ed premises or forming a part t,iereof. iio,,rever, : t is (listinctly understood and
agreed that the preceding- sentences do not rcoui.re t.iaintenance of said building or
i
buildings and fixtures , equipment, appurtenances and machinery in perfect condition
■ or a condition equal to new, but Lessee shall at all times keep and maintain the
same in such condition as to minimize, so far as is practicable by usual care
and repairs, the effects of use, decay, injury and destruction of said property;
Lessor recognizing that certain depreciation by reason of increasing age and use
is unavoidable.- Lessee, so long as it shall remain in possession of the demised
premises, shall keen and maintain all portions of the premises , the improvements
thereon, the appurtenances, machinery, equipment and fixtures therein, in such con-
dition as to prevent any loss, damage or injury to the persons, property, businesses ,
business or occupations of any other persons permitted by Lessee to be in or about
the leased premises; owners, occupants and invitees of adjoining premises , and
persons upon the adjacent portions of the street in front and the alley in rear of
the demised premises. At the termination of this lease, Lessee shall deliver up
the demised premises in as good condition as at the beginning of the term, natural
deterioration and depreciation and damage by fire and the elements only excepted.
15th: Lessee agrees to accept possession of the demised premises in
their present condition and to allow for changes in such condition which may occur
by reasonable deterioration between the date hereof and the date that Lessee actual-
ly occupies said premises.
loth: All property of every kind which may be on said demised premises
during the term hereof shall be at the sole risk of Lessee or those claiming under
him and the Lessor shall not be liable to Lessee, or to any other person whatsoever,
for any injury, loss or damage to any person or property in or upon said demised
'j premises , or upon the sidewalks and alleys contiguous thereto. Lessee hereby
covenants, and agrees to assume all liability for or on account of any injury,
loss or damage above described, and to save Lessor harmless therefrom. Furthermore,
Lessor shall not be liable to Lessee or to Lessee's patrons , employees , licensees ,
permitees, or visitors for any damages to person or property caused by the act or
' negligence of any other tenant of said demised premises , or due to the building on
said premises or any appurtenances thereof being improperly constructed, or being
or becoming out of repair; nor for any damages from any defects or want of repair
of any part of the building of which the demised premises form a part , but lessee
accepts said premises as wholly suitable for the purposes for which same are leased
and accepts the building and each and every appurtenance thereof and waives defects
therein, and further agrees to hold Lessor harmless from all claims for any such
damage. It is further especially understood and agreed that Lessor shall not be
liable for any failure of stater supply, gas supply, or electric current , or for
injury or damage which may be sustained to person or property by Lessee or any
other person, caused by, or resulting from steatr., electricity, Pas , water, rain,
ice or by snow or other liquid which may lea]: or flow from or into aliv part of
said building or caused by the breakage, leakage, obstruction or other defect
of pipes , wiring, appliances, plate glass, plumbing or ligating fixtures of the
same, or by the condition of said premises or any part thereof, or nv the elevator,
if any, or by the street or sub-surface or from any other source or by any other
cause whatsoever, whether the said damage or injury shall be caused by or be due
to the negligence of Lessor or Lessor's agent, servant , enioloyee or not; nor shall
Lessor be liable for interference with light or other incorporeal ''iereditaments,
provided such interference is caused by any one other titan the landlord, nor shall
Lessor be liable for such interference from operations by or for governmental agen-
cies in construction of any public or quasi-public work.
17th: Lessee shall pay the water tax imposed upon the demised premises
as the same shall become due during the term of this lease.
18th: Lessee agrees that it promptly will execute and fulfill all ordi-
nances and regulations of the state, county, city and other governmental agencies
applicable to,said demised premises , and all ordinances imposed by the Board of
Health, Sanitary and Police Departments for the correction, prevention and abatement
of nuisances in or upon or connected with said demised premises during the term of
this lease at Lessee's sole expense and cost.
19th: Lessee shall not assign this agreement, nor underlet the whole
or any part of the demised premises, or make any alteration in or to the building
without the consent of Lessor first obtained in writing, and shall not occupy or
permit or suffer the same to be occupied for any business or purpose deemed extra-
hazardous on account of fire; and, it shall be lawful for Lessor at all reasonable
times and 'hours to enter into and upon said demised premises to examine the condi-
tion thereof.
20th: Lessee shall in case of fire or other casualty give immediate
notice in writing to Lessor who shall thereupon cause the damage to be repaired
forthwith, provided materials, supplies and labor are reasonably available; if any
portion of the premises is rendered unfit for occupancy, the rest shall be appor-
tioned for the period of time required to make toe repairs , according to the part
of the premises , if any, whiCi remains usable by Lessee. If the entire building
shall be destroyed, then within thirty days after the fire or other casualty,
5
24th: No assent, express or implied, t,y Les-sor to any breach of any of
Lessee's covenants, agreements , contitions or terms hereof, shall be deemed or taken
to be a waiver of any succeeding breach of any covenant , agreement , condition or
term hereof.
25th: It is especially understood and agreed that boilers , engines , mach-
ine hangers , pulleys , shafting and fixtures and all personal property laced on
r'Y� g , P Y� � g P P _ P
the demised premises by the Lessee may be removed by Lessee at the termination of
this lease, provided Lessee shall not then be in default of the performance of any
of its agreements , conditions , covenants or terms hereof, and provided further, that
the building shall be left by Lessee, substantially as well equipped as it is at tie
beginning of the term, and provided further, that no such property shall be removed
by Lessee if such removal would permanently injure or dismantle said building, and
provided further that the removal of any such property shall be effected within
five (5) days after the expiration of the said term, and all damage caused to said
premises by such removal shall be repaired by Lessee at its own cost and expense.
26th: Lessee shall not make alterations, additions or improvements to
the demised premises or the building thereon, without the prior written consent of
Lessor, and after such consent has been given, unless otherwise agreed upon in writ-
ing, all alterations, improvements and additions made by Lessee upon the demised
premises , although at its awn cost and expense, shall, at the option of Lessor,
remain upon the premises at the expiration of this lease and become the property
of Lessor in fee simple, without other action or process of law.
27th: In the event Lessee shall make default in the performance of any
of the agreements, condition, covenant or term herein contained, Lessor, immediately,
or any time thereafter (no obligation, however, being imposed upon Lessor, to do so)
may perform the samr. for the account of Lessee, and any amount paid or any expense
or liability incurred by Lessor in the performance of the same, shall be deemed to
be additional rent payable by Lessee for the demised premises, together with six
percent (6%) interest thereon from the date of payment by the Lessor to the date of
' repayment, and the same, at the option of Lessor, may be added to any fixed rent
then due or thereafter falling due hereunder; and Lessor shall have the right to
enter the said demised remises for the purpose of correcting or remedying said de-
fault and to remain therein until the same shall have been corrected or remedied.
28th: Lessor shall have a statutory landlord's lien as security for the
fixed rent herein reserved, as well as any of the other charges or expenses else-
where hereinabove or hereinafter designated as "additional rent" upon all of the
goods, wares, chattels, implements, fixtures , furniture, tools, machinery and other
personal property which Lessee now or at any time hereafter placed in or upon the
■ demised premises, all exemptions of said property or any part of it, being hereby
waived.
29th: Lessee hereby especially covenants and agrees that this lease shall
r
be subject and subordinate to any mortgage or mortgages now on the der-ased premises.
30th: Lessor hereby .covenants and agrees that Lessee shall and will, upon
payment of all of the rents and all other sums of money herein provide('_ to be paid
by Lessee, upon fully observing and performing the covenants and agreements herein
provided to be observed and performed by Lessee, quietly and peaceably possess and
enjoy said above demised premises, unless said lease be sooner terminated under and
in accordance faith any of the provisions herein elsewhere contained providing for
such termination.
31st: If any of the fixed rent herein reserved or any of the other char-
ges or expenses hereinabove designated as "additional rent", or any of the taxes ,
assessments, charges , or other sums of money to be paid by Lessee shall not be paid
as and when the same become due and payable, or if Lessee shall default in the per-
formance of any of the other agreements, conditions, covenants or terms herein con-
tained, or if Lessee shall abandon the demised premises for a period of five days
or more, or if a petition or answer for reorganization of Lessee or the then owner
of, Lessee's interest hereunder, shall be approved by any court or judge thereof,
or if Lessee, or the then owner of Lessee's interest hereunder shall make a general
assignment for the benefit of creditors , or shall take any benefit under any insol-
vency or bankruptcy act, or have a receiver or trustee or other fiduciary appointed
for its property, or if Lessee's leasehold interest shall be taken on execution or
other process of law, or if this lease, or the estate of Lessee hereunder, shall
i
be transferred to pass to or devolve upon any other person, firm, association or
corporation, except in the manner provided hereunder, then and in any of said events ,
Lessor, or those claiming under him, may immediately, or at any time thereafter,
have the right to terminate and end this lease, and the term hereby granted, as well
as all of the right, title and interest of Lessee hereunder, by giving Lessee ten
(10) days notice in writing, and it is agreed that upon the expiration of the term
fixed in such notice, if the said non-payment, default or other cause of termination
specified in such notice shall not have been made good or removed, this lease and
the term hereby granted and created, as well as all of the right, title and interest
of Lessee hereunder, shall, at the option of Lessor, or those claiming under him,
wholly cease and expire, in the same manner and with the same force and effect as
if the expiration of time in such notice were the end of the term herein originally
demised; and Lessor, or those claiming under him, may immediately, or at any time
thereafter, and without further notice or demand, enter into and upon the same
I an or remises art thereof, in the name of the whole, and repossess the same as
p Y P
of his first and former estate, and expel the Lessee and those claiming under him,
and remove its or their effects (forcibly, if necessary) , without being taken or
deemed quilty of any manner of trespass, and without prejudice to any remedies which
might otherwise be used for arrears of rent or preceding breach of covenant , and
that upon entry as aforesaid, said lease shall be determined; and Lessee agrees that
notwithstanding the termination of this lease and possession regained by Lessor, he
will indemnify Lessor against all loss of rent which may accrue to him, by reason
of such termination, during the remainder of the term aforesaid.
In the event Lessor does not exercise the rights hereinabove given him,
he may accept rent from the receiver, trustee or other officer in possession thereof,
for the term of such occupancy without impairing or affecting in any way the rights
of Lessor against Lessee -hereunder. Any neglect or failure to enforce the right of
forfeiture of this lease or re-entry upon breach of any of the conditions, covenants,
terms and agreements herein contained, shall not be deemed a waiver of such right
upon any subsequent breach of any such or any other condition, covenant, term and/or
agreement herein contained.
32nd: Anything herein contained to the contrary notwithstanding, Lessor
covenants and agrees to maintain the roof of the building on the demised premises,
in good repair, but Lessor shall not be liable to Lessee for any damages resulting
from leaks in the roof, unless and until written notice of the existence and approx-
imate location of such leaks has been received by Lessor or his agent, and five (5)
days time allowed for making needed repairs in the defective roof after receipt of
r
said notice.
33rd: It is especially understood and agreed by and between Lessor and
�. Lessee that in the event the demised premises are condemned for public use by any
governmental agency, municipal, courty-, State or Federal, this lease shall cease
and terminate and be of no further effect, and Lessee shall have no claim or demand
of any kind or character in and to any award made to Lessor by reason of such con-
demnation.
34th: It is expressly understood and agreed by and between Lessor and
Lessee that in the event that Lessor herein shall not be the owner of the premises
herein demised, but shall ':fold a lease of: t!,c property of ic:. Lie dec;ised premises .
are a part, then the rosulting suL—lease is and ;Ihall remain su:)jecL to hl.l of ti;e
terms and conditions of such existing lea e to Lessor, .;o far a—, L"u', IaA'? �e app-
licable to tl;e premiss lherei,i demised.
35th: At all times during the term of this le v;o , Lessor shall have ti►e
+ right, by himself, his agents and employees , to enter into and upon the demised pre-
mises during' reasonable business hours for the purpose of examining and inspecting
the same and determining whether Lessee shall have complied with all of its obliga-
tions hereunder in respect to the care and maintenance 'of the premises , the repair
and rebuilding of the improvements thereon when necessary , and all other terms and
conditions hereof.
36th: Lessee especially covenants and agrees to pav and discharge all
reasonable costs, attorneys' fees, and expenses that may be incurred ')v Lessor in
enforcing the covenants , agreements, conditions and terms hereof, and all of the
same shall be payable to Lessor in Wichita Falls, Wichita County, Texas.
37th: Lessee shall have no power to do any act or to make any contract
that may create or be the foundation for any lien upon the present or other estate
of the leasehold and demised premises , or upon any of the buildings or improvements
thereon, except as herein elsewhere specifically provided; and should any such lien
be created or filed, Lessee, at his own cost and expense, shall liquidate and dis-
charge the same in full within ten (10) days next after the filing thereof, and
should Lessee fail to discharge the same, that shall constitute a breach of Lessee's
covenant herein.
33th : Lessee agrees that in taking this lease, lie is governed by his own
inspection of the premises and his own judgment of their desirability for its purposes ,
and has-not been governed or influenced by any representation of Lessor as to the
condition and character of the building upon the premises , or as to the earning
capacity thereof; that no agreements , stipulations, reservations, exceptions , or
conditions whatsoever have been made or entered into in regard to said premises or
' this lease, which will in any way vary, contradict or impair the validity of this
lease or of any of its terms and conditions, and that no modification of this shall
be binding unless it be in writing and executed and acknowledged in due form for
recording by all of the parties hereto. Furthermore, Lessee takes this lease and
the demised premises subject to all recorded easements and restrictions affecting
the occupation and use thereof, and subject to all statutes, ordinances and regu-
lations of competent governmental authority affecting the occupancy and use thereof,
the construction and maintenance of improvements thereof, and the businesses and
occupations to be engaged in by Lessee, in force now and subsequently during the
term of this lease.
39th: Any word, group of words , phrase, sentence, paragrapl: or provision
s 1h
herein prohibited by law, or decision by a court of Final jurisdiction ' all be in-
effective to the extent of such prohibition without invalidating the remaining pro-
visions hereof.
40th: Whenever any payment is to be made under this lease, at or within
a time stated, and whenever any act is to be done under tiiis lease, by either party,
at, or within a stated time shall be of the essence of this agreement.
41st: Any notice from Lessor to Lessee relating to the demised premises ,
or to the occupancy thereof. , shall be duly served if addressed to Lessee by United
States Registered "tail, Return Receipt Requested, to The 11orth Central 'Texas Medical
Foundation, 1700 Third Street, Wichita Falls, Texas. Any notice from Lessee to
Lessor shall be sent by United States Registered hail, Return Receipt ,requested,
to Wichita Falls City-Wichita County Public Health Genter, 1701 'Third Street, Wichita
Falls, Texas.
1 42nd: it is distinctly understood and agreed by and between the Lessor
and the Lessee that any holding over by Lessee of the herein derdsed premises after
the expiration of this Lease shall operate and be construed only as a tenancy from
month to month, terminable at the will of the Lessor, at a monthly rental of $050.�00.
43re: It shall be lawful for Lessor, or his agents, at anv time .aithin
sixty days before the expiration of the term of this lease, to enter upon the demised
premises and to affix upon any suitable part thereof a notice or notices for the
leasing of same, and the Lessee agrees not to remove any such notice or notices or
permit any of its employees , licensees or permittees to remove the same.
44th: Provided Lessee has not defaulted in anv of the terms , conditions
' Lessee shall have the privilege of renewing and extending
and provisions hereof.
the term hereof for a period of one year, beginning on the lst day of `larch, 1975 ,
and terminating on the 28th day of February, 1976, upon the same terms , conditions
and provisions hereof, except that such renewal and extension shall contain no fur-
ther option or renewal privilege. Provided, however. , that in order to exercise this
option, Lessee shall and must give Lessor written notice by United States 'Registered
Mail, Return Receipt Requested, of his intention to exercise said option no later
than the 31st day of December, 1974 , and Lessor shall advise receipt by January 31,
1975, if said renewal is approved and accepted.
45th: It is expressIv understood and a�,reed Lv ?,es,nr an,! Lessee t!iat
either party shall have the riF.iit to cancel this leak lw j-ivino the ntlier party
■
thirty (30) days' notice in writinfl of sucl, termination by mrai .lincy l-y United States
Re istered fail, Return `?eceint Requested , to the pirtv's office a stated
■ in Paragraph 41.
46tli:• The `forth Central Texas Medical Foundation aW,,rees to indemnifv
1 and Bold harmless the City of. Wichita Falls , Texas , the l`ichita Pall-; Citv-'-lichit,
County Healtli Center, the Wichita Falls City-Wichita County `bard of Health end
Wichita County , Texas, against ariv and all liabilities for injury to person or
persons, or damages to property, caused by their Family Plannin Program activities :
and further states that by execution of this contract it will make the City Of.
Wichita Falls, Texas, the ?'i.chita Falls City-tlichita County '.iealt! Center, the
Wichita Falls City-Wichita Countlk, 'Board of 1{ealt} and '�lichita County, Texas,
co-insured and that it will '.iave liability insurance in at least the amount of
$100,0,-)0/5300,000 bodily injury and 55,1)00 nronerty damage. A cony of said insur-
ance certificate must be furnished to the ',lirector of the '•'ic'.Ota r,alls C1te-`�Tic11ita
County liealth Center not later than Anril 15, 1Q74.
IN TLCTI1t0'^i T,.T ' PLOF, the narties to this ;agreement 'lave ',ereunto set
their hands to duplicate originals, the day and year first above written, after
having first noted and approved all erasures, interlineations, insertions , strile-
r
outs and stril:e-Dyers.
'ic}Ata Falls City-''i-cliita Count} -�oard of l.ealth, Lessor
By ----
The "orth -rp-atral Texas "'edical Foundation, Les,7ce
Pr -s i.d ,.ran'k Lee f ��
' By ( - �- ---- -- -
lirector of Family Planninfi Pro;rag;
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