Min 07/08/1975 1193
Wichita Falls, Texas
Memorial Auditorium Building
July 8, 1975
Item 1
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
session on the above date in the Council Room of the Memorial Auditorium Building
at 8:30 o'clock A.M. , with the following members present:
Max Kruger Mayor
Hardy McAlister
Guillermo Garcia
Bill E. Gowan Aldermen
Joe N. Prothro
J. C. Boyd, Jr. X
Peggy McCullough
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Item 2
Moved by Alderman Gowan that minutes of the meeting held June 10, 1975, be
approved.
Motion seconded by Alderwoman McCullough, and carried unanimously.
George Adams appeared for the BCI regarding fire protection outside the City.
He stated that this can be a problem in trying to attract industry to Wichita Falls.
J!) Good cooperation with the City has always been a good selling point to the in-
dustries. He hopes there can be some kind of contract with the industries in
furnishing fire protection, or whatever is necessary to come up with a solution
which is acceptable.
Mayor Kruger stated that we must give our industries fire protection. The
City Manager gave a brief history of attempted negotiations for fire protection
with the County for the past five to ten years. The City Attorney studied the
matter, and pointed out that legally there could be personal liability involved by
sending fire equipment outside the City limits without a contract. On December 4,
1974, a contract was negotiated with Wichita County, which was twice renewed. The
County decided to not permanently contract with the City, and to establish their
own arrangements.
Alderman Gowan inquired what we can do. City Attorney H. P. Hodge stated
that the Inter Local Cooperation Act and also a 1941 Statute authorizes any govern-
mental agency to contract with another political subdivision. Both of these men-
tion fire protection. The Municipal Annexation Act makes provision for an indus-
trial area outside city limits , and within the extra territorial jurisdiction. It
authorizes a city to contract with owners regarding annexation and such other matters
as they may agree on.
Alderman Gowan inquired of Mr. Adams if he thought Washex would agree to a
contract. Mr. Adams stated that he did not know, but he felt that BCI would have
to take the responsibility of providing the service if they were not agreeable.
Alderman Prothro inquired if he or any of the BCI had appeared before the County
Commissioners regarding this service. Mr. Adams stated that they had not. Alder-
man Prothro stated that they tried to work out an agreement with the County, butwere
not successful in doing so.
Mayor Kruger stated that the County does not want to cooperate now, nor did
they ten years ago, and he feels it is up to the City to provide the fire protection
service to these industries. Alderwoman McCullough inquired if any of these com-
panies broached these questions during negotiations? Mr. Adams stated that they
had fire protection, among other services.
Moved by Alderman Boyd that we continue to furnish fire protection to these
industries while BCI, the City staff, and industries involved work together on
some kind of proposal that they believe will be legal, workable, and acceptable.
1194
Motion seconded by Alderman Gowan.
Alderman McAlister noted that these industries are not paying ad valorem
taxes, and inquired if they are paying County taxes? The City Manager stated that
they are. They are paying nothing to the City in the form of taxation. They are
paying water, sewer, and sanitation services with a surcharge. One of the indus-
tries, through a contractual agreement, is also making a payment to the City in
lieu of taxes in an amount of 25 percent of their normal taxes, and in turn the
City will not annex them for seven years . This payment in lieu of taxes permits
us to provide fire protection to them outside the city limits.
Alderman McAlister stated that it seems that the responsibility does not fall
on the City, but to the County. Mayor Kruger stated that at that time we were pro-
viding the service for the County. He feels we should be consistent in what we do.
Alderman McAlister noted that seven years from now when this industry is annexed,
they will still be paying county taxes.
City Attorney H. P. Hodge, Jr. stated that we will have some legal exposure
from this action. Alderman Prothro inquired what would preclude us from contract-
ing with the County for this service for only specified industrial areas, and let
the City provide the equipment? The City Manager stated that it would be legal
for us to do so if the County is willing to go along with it.
Alderman Boyd withdrew his motion.
Moved by Alderman Prothro that the present contract in effect with the County
be extended for an additional period of 60 days , and that in this interim period
Alderman Boyd work with the City staff, County Commissioners, and BCI to negotiate
an agreement for this service, and report back to the Council no later than Septem-
ber 1.
Motion seconded by Alderman Garcia, and carried unanimously.
The City Manager inquired if this is not acceptable to the County Commissioners
then would the Council want to continue the fire protection even without a contract?
Clay County has not even responded. Perhaps these industries could also be covered.
Alderman Gowan stated that action of the City in sending a fire truck outside the
city limits without any legal authority leaves us open to liability for automobile
accidents. City Council members and the fire chief are individually liable. Alder-
man Boyd inquired if we could enter into a contract with individual industries as
we did with the one industry previously mentioned? It was hoped that a report
could be obtained from the County Commissioners before this meeting is over.
Item 3a
The public hearing was opened on demolition of hazardous structures. No one
desired to be heard.
ORDINANCE NO. 2987
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 Prothro that Ordinance No. 2987 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 4a
i` A proposed ordinance was presented awarding a contract and calling a public
hearing on August 5, 1975 for the 1975 Reconstruction Program.
ORDINANCE NO. 2988
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION
OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR A PORTION OF THE 1975
RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS,
1195
Item 4a, cont'd.
TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE
FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS
INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING;
AND DECLARING AN EMERGENCY.
Moved by Alderman Boyd that Ordinance No. 2988 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 4b
A proposed ordinance was presented amending the Code of Ordinances pertaining
j to designation of Civil Service Positions by increasing the number of fire lieuten-
✓/`t ants. Alderman McAlister stated that he does not understand what the reason is.
✓ The City Manager stated that for all three shifts we have one swing lieutenant,
which is notenough. In the past we have been assigning the next lower grade the
supervisory responsibilities which we were required to pay. At least two of
the lieutenants are off almost all time due to vacations, sick leave, etc.
ORDINANCE NO. 2989
ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES, INCREASING
THE NUMBER OF FIRE LIEUTENANTS BY TWO.
Moved by Alderman Prothro that Ordinance No. 2989 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 4c
A proposed ordinance was presented closing a portion of an easement in
Patton Addition.
ORDINANCE NO. 2990
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF AN EASEMENT LOCATED IN
THE PATTON ADDITION TO THE CITY OF WICHITA FALLS , TEXAS.
Moved by Alderwoman McCullough that Ordinance No. 2990 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 4d
A proposed ordinance was presented closing an alley in Twin Oaks Park,
Section One.
ORDINANCE NO. 2991
AN ORDINANCE CLOSING AND ABANDONING AN ALLEY BETWEEN TRACT 2 AND TRACT 3
OF TWIN OAKS PARK, SECTION 1, AN ADDITION TO THE CITY OF WICHITA FALLS,
TEXAS.
Moved by Alderman McAlister that Ordinance No. 2991 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
1196
Item 4e
A proposed ordinance was presented reducing the size of the Planning Board.
eJ
`yORDINANCE N0. 2992
ORDINANCE AMENDING SECTION 2-133 AND SECTION 2-134 OF THE CODE OF ORDINANCES,
REDUCING THE NUMBER OF MEMBERS OF THE PLANNING BOARD FROM FIFTEEN TO TWELVE.
Moved by Alderman McAlister that Ordinance No. 2992 be passed.
Motion seconded by Alderman Garcia, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Appointments to the Planning Board were considered.
Moved by Alderman Gowan that Jerry Ray be appointed and Charles Harper re-
appointed to the Planning Board for three-year terms to expire July 8, 1978.
Motion seconded by Alderman Prothro, and carried unanimously.
Moved by Alderman Gowan that Charles Harper be appointed as Chairman, and
Phil Altendorf as Vice-Chairman of the Planning Board for one-year terms.
Motion seconded by Alderman Boyd, and carried unanimously.
�! Item 5a
�) (� A proposed resolution was presented approving appraisals on Kell Freeway
property.
RESOLUTION NO. 1679
RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY RELOCATION
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 Improvements Program, and,
WHEREAS , such properties have been appraised by appraisers employed by the
Texas State Highway Department and the amount of the 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
Lot 9, Block 9, John W. Thomas S/D
Lot 6, Block 9, John W. Thomas S/D
Lot 10, Block 8, John W. Thomas S/D
5273 s.f. of Lot 7, Block 9, John W. Thomas Addition
144 s.f. of Lot 8, Block 10, John W. Thomas Addition
Lot 6, Block 10, John W. Thomas S/D
Lot 5 , Block 10, John W. Thomas S/D
West 50 ft. of Lots 1 & 2, Block 6, I. Jalonick.Addition
Lot 8, Block 28, Fairview Addition
6187.5 s.f. of Lot 7, Block 28, Fairview Addition
Lot 8, Block 3, John W. Thomas S/D
1462.5 sq. ft. of Lot 6, Block 28, Fairview Addition Addition
Part of Lots 12 & 13, (12,000 s.f.) , Block 8, West Side Addn. to Highland
Addition
Part of Lots 13, 14 & 15, (11,550 s .f.) , Block 8, West Side Addn, to Highland
Addition
Part of Lot 18, (7,530 s.f.) of Block 8, West Side Addn. to Highland Addition
1197
Item 5a, cont'd.
Combined total of values approved in this resolution ---------------$153,086.
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 prices to be
paid for such tracts are the State approved values as determined from appraisals
made by real estate appraisers employed by the Texas State Highway Department.
SECTION NO. 3. In the event the City Manager is unable to purchase any such
tract for such approved value, he is hereby authorized and directed to cause to
be instituted condemnation proceedings to obtain such tract in the name of the
Texas State Highway Department or the City of Wichita Falls.
Moved by Alderwoman McCullough that Resolution No. 1679 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote :
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 5b
A proposed resolution was presented accepting buoys for city lakes.
RESOLUTION NO. 1680
RESOLUTION ACCEPTING BUOYS FOR LAKE WICHITA AND OTHER CITY LAKES FROM
TEXAS PARKS AND WILDLIFE DEPARTMENT.
WHEREAS, the Engineering Division of the Texas Parks and Wildlife Department
has offered to supply, free of charge, directional and informational buoys for
Lake Wichita and other city lakes, on the condition that the City of Wichita Falls
furnish anchors, install and maintain such buoys.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
The City of Wichita Falls accepts this proposal by the Engineering Division
of the Texas Parks and Wildlife Department, and authorizes the City Manager to
execute any necessary documents to implement the agreement.
Moved by Alderman Garcia that Resolution No. 1680 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 5c
A proposed resolution was presented approving a lease at Lake Arrowhead to
�i First Presbyterian Church. The Sertoma Club has released this property.
r
,i RESOLUTION NO. 1681
WHEREAS, by Resolution No. 1469, the Board of Aldermen authorized a lease at
Lake Arrowhead to the Sertoma Club, and Sertoma Club has elected not to renew
such lease; and,
WHEREAS, the First Presbyterian Church of Wichita Falls has made application
for a lease on such property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
The City Manager is hereby authorized to execute a lease to the First Presby-
terian Church of Wichita Falls on West Arrowhead Lane Park at Lake Arrowhead for
1198
Item 5c, cont'd.
a rental of Sixty Dollars ($60.00) per year. Such lease agreement shall follow the
standard Lake Arrowhead lease agreement, with certain modifications ; all improve-
ments to the property will be at the expense of the First Presbyterian Church, and
will require permits and approval of the City Parks and Recreation Department; the
First Presbyterian Church shall be responsible for the payment of assessments for
roadway and future water distribution lines in the same manner as are all other
lessees.
Moved by Alderman Gowan that Resolution No. 1681 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays: None.
Item 5d
Proposed resolutions were presented authorizing the City Manager to enter into
an agreement with Texas International and Continental Airlines for the use of space
and facilities at the municipal airport.
RESOLUTION NO. 1682
RESOLUTION APPROVING AGREEMENT WITH TEXAS INTERNATIONAL AIRLINES ,. INC. ,
FOR USE OF FACILITIES AT WICHITA FALLS MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the City
of Wichita Falls and Texas International Airlines, Inc. , concerning the use of
facilities at Wichita Falls Municipal Airport for a term of three (3) years
beginning July 15 , 1975, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
Moved by Alderman Prothro that Resolution No. 1682 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays: None.
RESOLUTION NO. 1683
1
' RESOLUTION APPROVING AGREEMENT WITH CONTINENTAL AIR LINES, INC. FOR USE
OF FACILITIES AT WICHITA FALLS MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS ,
THAT:
That certain agreement, a copy of Wichita is attached hereto, between the
City of Wichita Falls and Continental Air Lines, Inc, concerning the use of facili-
ties at Wichita Falls Municipal Airport for a term of three (3) years beginning
July 15, 1975, is hereby approved, and the City Manager is authorized to execute
the same for the City.
Moved by Alderwoman McCullough that Resolution No. 1683 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote :
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
r Item 5e
A proposed resolution was presented authorizing the City Manager to execute
/ a contract for a transit study. The City Manager explained that it will provide
statistical and finance information, as well as a complete update of various informa-
tion. It is also a prerequisite for federal funds which are available.
1199
Item 5e, cont'd.
I
Alderman Boyd cited the transportation study dated January 1971, at a cost of
35 to $40,000. We purchased the bus system for about $40,000. Now we are talking
about a $16,000 study. He noted that we did not choose federal funds to purchase
the buses because of union strings attached, and he does not know what strings
will be on the federal funds next time. The City Manager stated that it is costing
us $200,000 a year to operate this system. He feels there may be some alternatives
which may be looked at as a result of this study. It is needed if we ever want
to consider mass transportation funds in the future. Also, we do not have the
staff at the present to make comparisons of fare structures. This will provide
us with information to make judgments in the future for the operation of the system.
Alderman Boyd stated that he objects to the concept because it seems to cost more
for the City than it does to provide equipment.
RESOLUTION NO. 1684
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT FOR TRANSIT STUDY
WITH THE PRIVATE CONSULTING FIRM OF WILBUR SMITH AND ASSOCIATES FOR THE
PURPOSE OF UPDATING THE WICHITA FALLS TRANSIT STUDY WITH THE URBAN MASS
TRANSPORTATION ADMINISTRATION.
WHEREAS, on May 6, 1975, the Board of Aldermen authorized the filing of an
application for the update of the Wichita Falls Transit Study with the Urban Mass
Transportation Administration; and,
WHEREAS, this application, if approved, will proivde the City with $16,000.00
in Section 9 UMTA funds; and,
WHEREAS, the Traffic Department submitted a request for study proposals to
six private consulting firms ; and,
WHEREAS, after a thorough review by City staff members of all the proposals
submitted, it was decided that Wilbur Smith and Associates submitted the most
comprehensive study proposal of the four responding consultants ; and,
WHEREAS, Wilbur Smith and Associates have submitted a contract for their
services in conducting this transit study update, a copy of which is attached
to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
The City Manager is hereby authorized to execute the contract with Wilbur
Smith and Associates to conduct the transit study update, provided that this
contract will have as a condition precedent the granting of $16,000.00 in Section
9 UMTA funds and that this contract shall not be binding upon the City unless
this application for funds is approved.
Moved by Alderman Prothro that Resolution No. 1684 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, and McCullough
Nays : Alderman Boyd.
Item 5f
A request was presented from the Downtown Merchants Association for waiver
of certain sections of the Code of Ordinances to allow a sidewalk sale to be held
on July 19, 1975 in the Central Business District. Additional liability insurance
would be required of each merchant.
ORDINANCE NO. 2993
ORDINANCE GRANTING WAIVER OF SECTION 8-2 AND 27-5 OF THE CODE OF ORDINANCES
ON JULY 19, 1975 FOR ANNUAL SIDEWALK SALE IN THE CENTRAL BUSINESS DISTRICT.
Moved by Alderman Boyd that Ordinance No. 2993 be passed.
Motion seconded by Alderwoman McCullough, and carried by the following vote:
1200
Item 5f, cont 'd.
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
yJtL II Item 5g
7
" Authority was requested for the Director of the City-County Health Unit to ex-
ecute a contract with the Texas Department of Health Resources for continuation of
a supplemental food program for women, infants, and small children. Dr. Parker
estimated that approximately 1000 persons would be served over the next year.
r RESOLUTION NO. 1685
RESOLUTION AUTHORIZING THE DIRECTOR OF THE CITY-COUNTY HEALTH CENTER TO EX-
ECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH RESOURCES, FORMERLY
THE TEXAS STATE DEPARTMENT OF HEALTH FOR A SUPPLEMENTAL FOOD PROGRAM.
WHEREAS, the Wichita Falls City-County Health Center is qualified to participate
in the U S. Department of Agriculture Supplemental Food Program for Women, Infants
and Children (WIC) as an adjunct to its Maternity and Well Child Conference program
services ; the basic purpose of this program is to assist in the prevention and
treatment of nutritional deficiencies in pregnant and lactating women, infants (up
to one year) and children (up to four years) from low income families.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The contract, a copy of which is attached hereto, providing for such program
from July 1, 1975 through June 30, 1976 is approved, and the Director of the
Wichita Falls City-County Health Center is authorized to execute such contract
with the Texas Department of Health Resources, formerly the Texas State Department
of Health.
Moved by Alderwoman McCullough that Resolution No. 1685 be passed.
Motion seconded by Alderman Prothro, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Mrs. Newton, 502 Austin, appeared concerning Rosemont Cemetery. She expressed
appreciation for several improvements which have been made. She felt that the
water system should be installed. She also mentioned markers, mowing at the rear,
and removal of trees which she would like to see accomplished. She stated that
there are two sunken graves, and suggested that it be made a law to require the use
of a heavy tamper when a grave is filled, but the main thing is getting the water
now.
Bill Hursh stated that the heavy rains have caused some problems; also, that
the tamping devices are not particularly satisfactory. Material has been purchased
for the water, but it has not been installed. He feels that it can be installed
within 60 days. Mrs. Newton complained that they were promised water in the spring.
Mayor Kruger pointed out how much nicer the cemetery is now than it was before the
City took it over.
Mayor Kruger read a letter pertaining to Lee Kelly matters.
G'1 Lee Kelly, 908 Tulsa, stated that he has lived here for 28 years. He mentioned
other properties which he has purchased. He complained that he felt he was not
sufficiently reimbursed for Lots 3 and 6 for drainage improvements. He stated
that much of the debris is still in the ditch from the construction company, and
s" the City stated that it was not their responsibility. He mentioned the church
property affected by construction of the street. It was pointed out to him that
that matter was settled. He agreed. He complained about properties on which he
was denied a permit. It was pointed out that he was denied a permit because from
past documented history he seldom finished a job. Alderman Boyd inquired if the
debris and concrete matter had been settled. Mr. Kelly stated that it had not been.
Alderman Boyd inquired what this Board could d o to alleviate his problem. Mr.
Kelly stated that the City should compensate him for what was taken away, and re-
place his building.
1201
Ernest Lillard stated that a permit was denied on one of the buildings because
it was structurally unsound. The second one could have been moved, and the permit
was later given to move it. In Mr. Kelly's instance it would require improvement
on it in order for it to be moved. The person who was given a permit moved it
outside the city limits. Past history of performance on Mr. Kelly's part was the
reason it was denied for him. Some of his properties had not been completed for
five or six years. Five permits have not been acted upon. The building inspector
had given instructions to Mr. Kelly as to what it would take to finalize those
permits. Ernest Lillard pointed out that Mr. Kelly has not been given a blanket
denial, but he will have to show that he will complete what he starts. Mayor
Kruger suggested that Mr. Kelly improve his performance record, and talk to Mr.
Lillard.
Item 6a
Bids were considered on a fire rescue body for the Fire Department. It was
recommended that the low bid be awarded to Beck-Rank, Inc. , Arlington, in the
amount of $6,267.00.
Moved by Alderman Prothro that the bid be awarded as recommended.
Motion seconded by Alderman Gowan, and carried unanimously.
Item 6b
T
Bids were considered on the asphalt portion of the 1975 Reconstruction Program.
It was recommended that the low bid be awarded to Stuckey Construction Company,
{ Inc. , in the amount of $151,437.50.
RESOLUTION NO. 1686
✓
RESOLUTION AWARDING CONTRACT ON 1975 RECONSTRUCTION PROGRAM.
WHEREAS, the City of Wichita Falls has advertised for bids for the hot-mix
asphaltic concrete surface course for the 1975 Reconstruction Program; and,
WHEREAS, three bids were received, and it is found that Stuckey Construction
Company, Inc. , who bid $151,437.50, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
Said bid of Stuckey Construction Company, Inc. , in the amount of $151,437.50
is accepted, and the City Manager is authorized to execute for the City of Wichita
Falls a contract with Stuckey Construction Company, Inc. , for the construction
of such improvements.
Moved by Alderwoman McCullough that Resolution No. 1686 be passed.
Motion seconded by Alderman McAlister, and carried by the following vote:
Ayes: Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 6c
i
'r A proposed resolution was presented awarding the contract for the downtown
r
railroad relocation to Timmins-Anderson Corporation in the amount of $567,363.89.
f _s
RESOLUTION NO. 1687
RESOLUTION AWARDING CONTRACT TO TIMMINS-ANDERSON CORPORATION FOR
CONSTRUCTION OF RAILROAD RELOCATION PROJECT DOWNTOWN JUNCTION.
WHEREAS, the City of Wichita Falls has heretofore advertised for bids for
the construction of the Fort Worth and Denver Railway Company Relocation Downtown
Junction, in connection with the Kell Freeway Project; and,
WHEREAS, three bids were received, and the lowest and best bid was the bid of
Timmins-Anderson Corporation of Wichita Falls, Texas, in the amount of FIVE
HUNDRED SIXTY-SEVEN THOUSAND, THREE HUNDRED SIXTY-THREE DOLLARS AND EIGHTY-NINE
CENTS ($567,363.89) .
1202
Item 6c, cont'd.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The bid of Timmins-Anderson Corporation in the amount of $567,363.89 is
hereby accepted, and the City Manager is authorized to execute a contract for
the construction of such project.
Moved by Alderman Prothro that Resolution No. 1687 be passed.
Motion seconded by Alderman Boyd, and carried by the following vote:
Ayes : Aldermen McAlister, Garcia, Gowan, Prothro, Boyd, and McCullough
Nays : None.
Item 7a
Permission was requested to advertise for bids on concrete storm drainage
pipe. This is necessary to complete the Duncan-Third Street project.
Moved by Alderman Boyd that authority be granted to advertise for bids as
requested.
Motion seconded by Alderman Prothro, and carried unanimously.
r
i
Item 8
Moved by Alderman Boyd that minutes of the meetings of the following boards
I ' n!
J be received.
a. Board of Electrical Examiners - June 10 and 26, 1975
b. Board of Adjustments and Appeals - June 27, 1975
C. Park Board - July 1, 1975
d. Planning Board - June 11, 1975
Motion seconded by Alderman Prothro, and carried unanimously.
J Item 9a
Moved by Alderwoman McCullough that a public hearing on demolition of hazard-
ous structures be held on August 5, 1975.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 9b
W. B. Rice, 3709 Sheridan Road, appeared concerning the request for dis-
annexation of an area from City View Lane to Beverly Drive along Northwest Freeway.
Mr. Rice stated that there is one house on City View which has water, and he also
has water at Beverly Drive. His septic tank does not work due to soil condition
in the area. He stated that they have no services from the City - no sewage.
Alderman Prothro inquired if he had fire protection service. Mr. Rice acknowledged
that he did. He stated that he doesn't have trash pickup or natural gas. The
City Manager pointed out that sewer service is available under the City's policy
of providing sanitary sewer service. The developer is required to pay the cost.
A great part of the cost of sewer extension has come back to the City in the form
of pro rata costs. For the tax dollar they are receiving like services which are
supported by the tax dollar. Water and sewer services are not tax supported.
Garbage pickup is available if he requests it. It is his choice that he is not
receiving natural gas. Mr. Fox stated that he is willing to work with him, or
any other property owner, under the policies which we have for extending water
and sewer systems. If he is not willing then it is his choice. It was pointed
out that the State Hospital area was a fully developed area without sewer services.
.,,The City Manager explained that sewer lines would have to be extended to his devel-
opment in order for him to obtain sewer service. Joe Smith explained that it
would be Mr. Rice's cost.
Moved by Alderman Boyd that action be postponed on this matter until the
next council meeting.
Motion seconded by Alderwoman McCullough, and carried unanimously.
1203
e
Item 9c
All members of the IMIS Evaluation Committee were commended for the time and
effort spent on this project, and it was requested that a letter be sent to each
member.
Moved by Alderman Boyd that the IMIS Evaluation Committee report be received.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 9d
Moved by Alderwoman McCullough that appointments to Community Center for
Mental Health and Mental Retardation Board of Trustees be approved as follows,
with terms to expire July 12, 1977: Dr. James Brosch, Marvin Brown, Joe Bailey
Meissner, and Mrs. Ed Hart, all reappointed; Dr. F. D. Leffall, appointed.
f Motion seconded by Alderman Prothro, and carried unanimously.
Moved by Alderman Prothro that Dan Shine be appointed to the Electrical
Advisory Board to fill the unexpired term of Charles Jones until May 23, 1976.
Motion seconded by Alderman McAlister, and carried unanimously.
Alderwoman McCullough thanked Alderman McAlister for taking her place at the
last Hospital Board meeting. She stated that she will turn all hospital financial
reports over to the City Manager and he will disseminate this information to the
rest of the Council.
r The Board of Aldermen agreed that they would meet for a budget session on
July 22nd, at 1:00 P.M.
The Board of Aldermen has been invited to attend a joint meeting of the
County Commissioners and Mental Health Mental Retardation Board of Trustees next
✓ Tuesday.
Mayor Kruger noted that they need to have an executive session on the matter
of an internal auditor.
t
Moved by Alderman Garcia that an emergency closed executive session be held
on Thursday, July 10, at 3:00 P.M.
Motion seconded by Alderman McAlister, and carried unanimously.
George Adams reported on the results of the emergency meeting of the County
Commissioners held at 12 :00. They agreed to a 60-day extension of the fire protec-
tion agreement as it was before.
f"
City Attorney H. P. Hodge reported on the final order issued by the Railroad
Commission pertaining to Lone Star Gas Company. Two gate rates were set, depend-
ing on the various cities ' involvement up to that time. Wichita Falls will pay
$1.0799 per thousand. The other rate is $1.0399. The automatic flow-through is
85% of the increase of the average weighted cost of gas to Lone Star. The City
Manager stated that LoVaca costs have now been wrapped into the gate rate. An
percent rate of return has been established for the transmission division of Lone
Star.
Alderman Boyd requested a report from the City Attorney at the next meeting
regarding fuel costs of electricity.
Alderman Boyd requested that some type of award be initiated which would in
effect say "thank you" to the citizens who serve on our boards and commissions.
1204
J
Alderman Prothro inquired concerning the animal control ordinance. The City
Manager explained that it would be presented in August. The IMIS report is avail-
able for the press after this meeting. An inquiry was also made concerning freight
lines having trouble delivering in the downtown area. The City Manager stated that
Ed Ilschner has been working with the Police Department, and they would try to
have a report for the next meeting. It was P g. pointed out that the Utility Arbitra-
tion Committee is in the process of making its report. Willard Still should have
a report in August on the utility rate form.
Moved by Alderwoman McCullough that the meeting be adjourned.
Motion seconded by Alderman Garcia, and carried unanimously.
The Board of Aldermen adjourned at 12:40 P.M.
PASSED AND APPROVED this _ day of , 1975.
Mayor
r
ATTEST:
City Clerk
STATE OF TEXAS f /
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA X
r4
S
THIS AGREEMENT entered into as of this day of
1975 , by and between City of Wichita Falls , 1301 6th
Street , Wichita Falls , Texas , hereinafter referred to as the
"CITY," and Wilbur Smith and Associates , Inc . , Consulting
Engineers and Planners , 1535 West Loop South, Houston, Texas ,
hereinafter referred to as the "CONSULTANT. "
The CITY and CONSULTANT, therefore, as the parties to
§: this Agreement, do mutually agree as follows :
Article I
w".
CONSULTANT
The CONSULTANT, as an independent consulting engineering
and planning firm, covenants and agrees to provide the professional
services as hereinunder described in the Scope of Services in
Article II of this Agreement.
Article II
44
SCOPE OF SERVICES
The CONSULTANT agrees to undertake , perform, and complete
in an expedient, satisfactory, and proper manner all of the
professional services required by the CITY and the Urban Mass
=a Transportation Administration (UMTA) for the transit project
as herein described. The scope of the Urban Mass Transportation
Technical Study will include individual tasks as follows :
r A
4
Task 1 . Data Review and Surveillance
This initial task will employ existing data available
from all public and private agencies , including street
and land use maps , -population, employment and socioeconomic
data, and planning projections . A review will be made of
the previous Wichita Falls Transit Study as well as recent
studies by the VORTEX regional Planning Commission, and
the Wichita Falls Urban Transportation Study. Data
relevant to the study will include the following
categories : Demographic-socioeconomic characteristics ;
land use changes ; transit travel patterns ; regional and
local plans ; and environmental considerations .
Task
2 . Data Collection
Element 2 . 1 : Assemble Transit Data - Existing data on
transit operations would be assembled including transit
ridership characteristics , levels of service , financial
conditions , and the legal aspects of transit operations .
Data and information available from the operating ,
financial , and research records of the transit system in
Wichita Falls would be assembled for correlation with
available studies of transportation, land use , economics ,
employment , and population in the Wichita Falls metropolitan
area . The recent history of transit service will be
developed during this portion of the study and related to
the continued growth of Wichita Falls . Five-year historical
trend data available will be obtained as follows : annual
passenger volumes by type for the service and for each
line or route ; annual passenger revenue and operating
costs by line and service ; charter ,' advertising and other
revenue ; rates of fare and passenger transfer characteristics ;
operational statistics such as revenue vehicle-miles and
hours operated, vehicle utilization, and route miles of
operation; wage trends and payroll strengths by
classification; distribution of operating costs such as
taxes , licenses and fees , depreciation, claims reserves ,
and transportation expense ; and, trends in special transit
service .
Element 2 . 2 : ..System Reconnaissance -
A system re-
connaissance will be made , and this work will include the
following :
1 . A survey of each route to determine the type
of area(s) served and the relative population
densities associated with identified land uses
along each route ; and, 1%
2 . Review of bus stop frequency, location, identifi-
cation, and passenger amenities provided.
3 . The char
acter of currently unserved urbanized
areas and major generators in other areas .
Element 2 . 3 : On-Board Sarvey of Transit Travel and
Attitudes - An on-board survey on all regular scheduled
transit routes will be conducted with the assistance and
cooperation of the City of Wichita Falls . Included in the
survey cooperation
patrons are :
1 . Trip origin and destination;
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2 . Socioeconomic characteristics of the transit
user including family income , automobile owner-
ship , and age ;
3 . The availability of alternative modes for trip
making ;
4 . Walking distance or travel mode to and from the
bus stop;
5 . Trip purpose ; and,
6. Attitudes of the passenger .
A representative coverage of the transit network would be
obtained in the on-board survey. Through the distribution
of questionnaires, passenger attitudes and travel
characteristics will be determined for users of transit
service in Wichita Falls . Control counts will be made by
the CITY during the survey to relate total travel demands
of the system to questionnaire response. Characteristics
to be obtained in surveys will include origin-destination
travel patterns , route configuration and coverage , direc-
tional flow, travel times , trip purpose , income levels ,
vehicle ownership , and other socioeconomic parameters .
Individual passenger attitudes and preferences will be
obtained by including attitude questions on the distributed
questionnaire . Determinations of patrons ' subjective
attitude on the quality of transit service will also be
obtained and evaluated. This on-board survey will be made
using standard survey procedures developed and employed
by the consultant ,on previous studies . It is agreed that
during this task, the City of Wichita Falls will assume
responsibility for the collection of needed data. The
consultant will prepare all information pertinent to the
study and establish the format for data assimilation.
Element 2 . 4 : Code , Keypunch, and Tabulate Data - All
data collected on the on.- board survey would be numerically
coded and keypunched for analysis . The computer analysis
of this data would then factor and expand the on-board
questionnaire responses to develop average daily rider-
ship and characteristics for each route and expand the
attitude survey responses to reflect the entire city.
Comparative tabulations will be prepared for analyses of
economic , attitudes , and travel patterns which have changed
over the past five years .
Task 3 . Data Anal -sis
Using the assembled data and results of field surveys
as a base , a series of transit operational analyses will
be made . These studies will be used in Task 4 to develop
alternative plans of service improvements that will meet
the immediate-action transit needs without compromising
long-range goals . Additionally, an analysis of financial ,
legal , and administrative considerations will be made .
,
-3-
t
4
t
Element 3 . 01 : Analyze Transit Travel Characteristics The Wichita Falls transit patron' s trip origins and
destinations along with other characteristics of the trip
will be analyzed and related to the city ' s existing land
use and to previous travel characteristics to provide the
basis for recommended changes in route coverage and
frequency of service .
Element 3 . 02 : Analyze Rider Attitude - The transit
patron ' s subjective attitude on the quality of transit
service will be obtained and evaluated from the attitude
survey portion of the on-board survey.
Element 3 . 03 : Ridership and Socioeconomic Analysis - An
analysis of the on-board survey will include an identifi-
cation of the travel characteristics and attitudes as
related to age , income level , sex , and other factors .
This analysis will indicate the existing transit service
and projected needs of minorities , the aged, the
economically disadvantaged and other segments of the
population who inherently rely on transit.
Element 3 . 04 : Determine Existing Level of Service - This
element of work will determine the adequacy of the existing
level of service . Study components will include : a system
inventory of routings and schedules ; determinations of 1975
operating costs by route ; a discussion of transfer
policies and procedures ; and a review of the adequacy of
1975 service to major passenger generators such as colleges
and universities , military bases , medical centers , stadiums ,
convention centers , recreation areas , and other public
institutions .
Element 3 . 0S : Analyze Individual Routes - A detailed
evaluation of routings will be made to determine the area
needs such as directness of routings , loading standards
during various time periods , operating speeds and headways ,
frequency and convenience of scheduled service , speed and
dependability of schedules , walking distance to bus stops
by patrons , adequacy and convenience of bus stops , and
equipment standards .
Element 3 . 06 : Transit Ridership Estimates - Based upon
previously forecast trends in population, land use , travel
and other socioeconomic factors , a matrix forecasting
technique for transit ridership will be employed. This
approach will be developed utilizing procedures which are"
sensitive to characteristics derived from the available'
data.
Element 3 . 07 : Facility Evaluation and Analysis - This
element would include an inspection, partial inventory , and
utilization analysis of the physical plant presently used
for administrative offices as well as for servicing ,
maintenance and storage of the transit bus fleet.
Element 3 . 08 : Review Special Services (Charter and
Advertising) - An evaluation would be made of the customer
information and public relations programs , incl .�ding in-
formation centers , advertising of routes and changes , pro-
visions of schedules , bus shelters , and route maps ; and,
Policies pertaining to special service activities .
-4-
Element 3 . 09 : Financial Analysis - Trends in user charges ,
special fare incentives , and methods of purchases will be
evaluated and compared as appropriate to the trends in
operating and financial results and such items as operating
expense , labor costs , capital costs , and related cost controls .
The basis for these evaluations will be the available records
of the transit system.
Element 3 . 10 : Legal Considerations - The present legal
framework within which the transit system is permitted to
operate will be reviewed and reported. The review will
provide a base for recommendations necessary to allow
improvement plans to be implemented . The legal staff of the
City of Wichita Falls will be consulted on this phase by
the consultant.
Task 4 . Transportation Plan Alternatives
The purpose of this task is to develop operational and
management plan alternatives which should be considered
for conformance with area transportation goals and ob-
jectives .
Element 4 . 1 : Develop Plan Alternatives - Alternative plan
concepts will be developed for evaluation and the selected
alternative will form the basis for the Transportation _
Development Program. One of the alternative plans will be
a "base condition" representing minimal area service to
provide a basis for a description of benefits from transit
service improvements . Alternatives developed will involve
the following considerations :
1 . Improvements consistent with the desired functions
of public transportation in the area ;
2 . Improved transit service operational concepts ;
3 . Varied service types to attract as many riders
as possible ;
4 . Special services for the elderly, handicapped
and others totally dependent on transit for
mobility ;
5 . Special services to key public facilities ; and,
6 . Provision for public transportation/land develop-
ment coordination.
Consideration will be given to evolving new technologies
for public transportation. The potential role of personal-
ized transit , which consists of nonscheduled operations
usually involving smaller vehicles and "demand-responsive"
concepts , will be given attention in this study , including
the potentials of improved taxicab services , as well as
"dial-a-bus" , jitney, and other evolving hybrid concepts .
Both fixed-route and demand-responsive forms of transit
service will be evaluated , and consideration will be given
to the potentials of non-capital intensive solutions utiliz-
ing existing community transit resources . Special employment
-5-
and shopper services on a pre-arranged or charter basis as
well as to the Sheppard AFB-- -Sikes Senter service will also
be considered as a special analysis of each alternative ,
latent transportation trip demand will be estimated based
on the following cha
racteristics :
r1 . Geographic area served;
2 . Intensity (level) of service ;
3 . Service type (regular route , dial-a-ride , etc . ) ;
4 . Service area demographic and socioeconomic
characteristics ;
S . Major generator/attractor coverage ; and,
6 . Fare policies .
Management alternatives will be identified and advantages
ges
and disadvantages discussed. Possible alternative manage-
ment approaches to be considered are as follows :
1 . City ownership and management ;
2 . Regional agency ownership and management ;
3 . Public ownership and private management contract ;
4 . Private ownership and management ; and,
S . Private ownership and public agency contract for
service .
Task S . Evaluation of Alternatives
Alternatives will be refined from the conceptual level to
better define operational systems for evaluation, to include
route structure , level of service , rolling stock requirements ,
maintenance facilities , etc . Based upon the configuration of
the alternative systems , estimates of ridership will be
made . Directly related to ridership are such factors as
route location, fare levels , and auto availability. In
estimating future ridership , an analysis will be made to
determine the effect of fare , schedules , and routes . This
base information, together with recommended public trans-
portation service, estimated operating costs , revenues , and
fare structure will result in an estimate of the ridership
that will , in turn, determine the level of service needed`
in the Wichita Falls urbanized area. Cost estimates will be
made for capital and operating costs for each alternative .
Revenue will be estimated based upon fare structure and
estimated ridership . Cost-revenue analysis will be made
to determine the financial implications of each alternative.
Based upon the analysis and evaluations , and consistent
with local goals and objectives , a preferred alternative
will be recommended . The selected transportation plan
will form the basis for development of a five-year
Transportation Development Program.
y
-6
'I
Task 6 . Routes/Service Area Development
Depending upon the alternative plan selected , route and/or
service-area recommendations Will be made . Service re-
commendations will include those for immediate implementa-
tion, and those for consideration over the five-year period
r covered by the TDP .
Tusk 7 . Capital Improvements
Capital improvement needs will be developed to satisfy both
initial operation of the system and expected needs for five
ears . This w' de y h s ill include fixed facilities such as offices ,
X maintenance and storage facilities , as well as required
rolling stock.
Task 8 . Estimated Cost and Financing
The five-year improvement program will be structured on a
priority basis . Costs for the TDP will be estimated in
yearly increments . Revenues will also be estimated based
upon the ridership forecasts developed in the study. Im-
plementation aspects of the recommended improvement plan
will include recommendations as to organization, financing,
legislative requirements , and overall cost estimates .
Particular emphasis will be placed on careful staging of a
time-phased implementation program. Staging will include
detailed considerations of requirements of , and the
transitions in time between, the various elements recommended.
Improvements with minimum capital outlay will be separately .
identified as being implementable at the earliest date in
a- conjunction with the total program. Non-capital-intensive
improvements as well as capital-intensive improvements will
be detailed. In financing the recommended public trans-
portation improvement services , delineation will be made as
to those providing immediate benefits and increased revenue,
as well as those that may have an initial cost with an
ultimate improvement not only in service efficiency but
potential increased revenue . Capital investments as well as
associated anticipated operating costs will be identified
as well as projected revenues or gains to be expected from
the transit improvements .
Task 9. Implementation Responsibility
14 The agency or agencies to be responsible for implemen-
tation of the TDP will be delineated. The most efficient
k and effective management and organizational structure to
carry out the operations of the recommended transportation
plan will be made . Recommendations will be developed in
close consultation with the officials and legal advisers of
} the City of Wichita Falls .
Task 10 . Maintenance of TDP
Procedures will be developed to monitor both network
operations and changes in community development , in order,
to form a data base from which continuing objective
14 management decisions can be made. A methodology will be
prepared for regular compilation of patronage data, revenue
statistics , and operating cost data ; and for identification
of any special service problems through continuing field
supervision and inspections . Criteria for estimating service
requirements of new development will be presented . Procedures
will be recommended for compiling information on community
opinions and attitudes , including monthly summaries of
telephone calls and letters received from residents relative
to public transportation service .
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'��I.IIIAAl1�111�wI�A�l11lA�lIRI��Alglwl���11 Aww-��Iln wll-11, nen+.w.+v.sw�*serc.._... . . swgl4T'r,...
Task 11. Marketing Strategies
Marketing techniques will be identified and a marketing
program suggested for* use by the CITY.
H,
r
Article III
4 "
r CONSULTANT PERSONNEL
{ The CONSULTANT represents that it has, or will secure and
agrees to furnish personnel with the professional classification,
skill , and expertise required to perform the Scope of Services as
described in Article II .
Article IV
TIME OF PERFORMANCE
WSA agrees to commence work within two (2) weeks after
the date of this Agreement . The work shall be undertaken and
completed in such sequence as to assure its expeditious com-
pletion. The Scope of Services detailed in Article II shall be
completed and the presentation of the results and recommendations
accomplished in a time interval of six (6) months following
commencement of work.
No extension of this contract will be allowed thereto
unless prior written consent of the CITY is first had and
obtained. Reasonable extensions of the schedule time shall be
granted as provided in Article X in the event of unavoidable
delays .
' Article V
} STUDY COORDINATION AND REPORTS
ra 1 . Coordination. Study data, analyses , findings , and
recommendations will be reviewed and coordinated with CITY staff
k-
during the work program by the CONSULTANT.
2 . Brief Progress Reports . A progress report out-
fining work completed during the preceding month and planned.
ctivities for the next month will be submitted by the CONSULTANT
the CITY.
-8-
3 . Preliminary- Final Report . Upon completion of the
work tasks , the CONSULTANT. will submit five (5) c6pies of a
preliminary draft of a final report to the CITY.
4 . Final Reports . Afte
r review and approval of the
preliminary report by the CITY and UMTA, the original copy of
the report with required modifications will be finalized in
camera read form and
Y submitted to the CITY for their printing .
The CONSULTANT will be furnished without cost , ten (10) copies
of the final report printed by the CITY.
S. Credit . The report prepared by the CONSULTANT
shall include the following statement on the title page :
'.'The preparation of this report has been financed
in part through a grant from the U. S . Department of
Transportation, Urban Mass Transportation Administration,
under the Act of 1964 , as amended. "
Article VI
COMPENSATION
The CONSULTANT shall be reimbursed for direct and
indirect costs incurred in the performance of the work defined
in Article II which are allowable und
er the provisions of sub-
part 1-15 . 2 of the Federal Procurement Regulations in an amount
not to exceed SIXTEEN THOUSAND AND N0/100 ($16 ;000 . 00)- DOLLARS
including the CONSULTANT' S fixed fee of ONE THOUSAND FOUR
HUNDRED FIFTY-FIVE AND N0/100 ($1 ,455 . 00) DOLLARS .
In accord with UNITA guidelines , the basis of the
compensation for this study is indicated. in Exhibit "A" and is
attached as a part of this Agreement for information. This
Exhibit is prepared on FAA Form 4400-2 and estimates are given
for direct labor , payroll burden, direct expenses- -including
travel and subsistence , and professional services fixed fee .
-9-
of the Scope of Services provided for herein, CITY agrees to
pay CONSULTANT on a prorated basis for work actually performed
and invoiced in accordance with the terms of this contract, less
payment of any compensation previously paid.
2 . Nonassi;nability. The CONSULTANT shall not assign
any interest in this contract nor delegate the performance of
any of its duties hereunder without the written consent of
CITY.
3. Venue . Venue and jurisdiction of any suit, right,
or cause of action arising under- or in connection with this
contract shall lie exclusively in Wichita County, Texas_.
Article IX
CANCELLATION WITHOUT CAUSE
Should CITY cancel this contract after its commence-
ment with CONSULTANT or should same be terminated as a result
of cancellation of the UMTA Project Grant covering this project,
then CITY will promptly notify CONSULTANT of the cancellation
by certified mail ; whereupon CONSULTANT will immediately, on
receipt of the letter , cease and desist from performing any
other work or services hereunder. In such event, CONSULTANT will
be paid for professional services to said date upon furnishing
CITY progress report and invoice to such date.
Article X
TIME EXTENSIONS
The CONSULTANT may request in writing . an extension of
the time of completion beyond the time of performance specified
in Article IV, and the CITY may extend the contract period if it
so warrants . ` The CITY shal.l. promptly process all such t1IIc
A
extension requests and advise the CONSULTANT within fifteen (15)
days of its deci-icn.
-11-
Article XI
CH_2"NGES
The CITY , from time to time , may require changes in
the scope of the services of the CONSULTANT to be performed
hereunder , provided the CONSULTANT agrees in writing . Such
changes , including any increase or decrease in the azount of
the CONSULTANT' s compensation, which are mutually agreed upon
by and between the CITY and the CONSULTANT shall be incorporated
in written amendments to this Agreement.
Article XII
AUDIT AND INSPECTION OF RECORDS
The CONSULTANT shall permit the authorized representa-
tives of the CITY, U. S . Department of Transportation, and the
Comptroller General of the United States to inspect and audit
all data and records of the CONSULTANT relating to its perform-
ance under the contract. The CONSULTANT shall maintain complete
and accurate records with respect to its
s performance under the
contract. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be clearly
identified and readily accessible at all reasonable times . The
CONSULTANT further agrees that the CITY shall ,= until the expira-
tion of three (3) years after final payment of this contract , have
access to and right to examine any directly pertinent books ,
documents , papers , and records concerning this project .
Article XIII
DISPUTES
Any and all disputes concerning a question of :_act
arising under this contract which is not disposed of by agreement
-12-
shall be decided by the City Manager of the CITY, who shall
reduce his decision to writing and mail or otherwise furnish
a copy thereof to the CONSULTANT. The decision of the City
Manager shall be final and conclusive unless , within thirty
(30) days from the date of receipt of such copy, the CONSULTANT
mails or otherwise furnishes to the City Manager a written
appeal addressed to the CITY.
In connection with any appeal
under this Article , the CONSULTANT shall be afforded an opportu-
nity to be heard and offer evidence in support of the appeal .
Pending final decision of a dispute hereunder, the CONSULTANT
shall proceed diligently with the performance of this contract
in accordance with the CITY ' s final decision.
Article XIV
INDEMNIFICATION
CONSULTANT covenants and agrees to indemnify and hold
harmless and defend the CITY from and against an), and all
suits or claims for damage or unjuries , includingdeath, to
persons or property or otherwise, whether real or asserted,
arising out of acts or omissions of the CONSULTANT, its officers ,
agents , servants , employees or subcontractors , and CONSULTANT
does hereby assume all liability and responsibility for injuries ,
claims , or suits for damages or injuries to persons , or property,
of whatsoever kind or character, whether real or asserted
occurring during or arising out of the performance, attempted
performance , or failure of performance of this contract as a
result of any negligent act or omission on the part of the
CONSULTANT, its officers , agents , and employees . CONSULTANT
further covenants and agrees to maintain and keep in force
during the term of this contract a public liability policy for
pet'-nnal injury and property damage insursnze covering the acts
O
-13-
and omissions of its agents and employees in the performance or
attempted performance of this contract, with limits of not less
than One Hundred Thousand ($100, 000. 00) Dollars for death or
injury to one person; Three Hundred Thousand ($300, 000 . 00
Dollars for death or injury to more than one person; and Fifty
Thousand ($50 , 000. 00) Dollars for property damage arising out of
each occurrence .
ARTICLE XV
OFFICE SPACE
CITY at its own cost shall make available a limited
amount of office space for the CONSULTANT staff in its municipal
administrative offices in the City of Wichita Falls during the
duration of this Agreement, and as it may be extended by written
approval under the provisions of Article X.
Article XVI
OWNERSHIP OF MATERIALS
All maps , data , reports , research, graphic presentation
materials , etc . developed by the CONSULTANT as a part of its
work under this contract shall become the property. of the CITY
Upon completion of this contract or any phase thereof, or , in
the event of termination under Article VIII hereof, at the time
of payment under Article VII for work actually performed.
Article XVII
EQUAL EMPLOYNIFNT OPPORTUNITY
In connection with the execution of this contract,
CONSULTANT shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex,
" or national origin. CONSULTANT shall take
affirmative action
to ensure that applicants are .employed, and that employees are
treated during their employment , without regard to their race,
-14-
religion, color , sex, or national origin. Such action shall
include , but not be limited to , the following : employment ,
upgrading , demotion, or transfer , recruitment advertising, lay-
off, or termination, rates of pay , or -other forms of compensation;
and selection for training, including apprenticeship .
In addition, the CONSULTANT will not participate either
directly or indirectlyin the discrimination prohibited by
P Y
Section 8 . 4 of Title 15 , Code of Federal Regulations , Part 8 ,
including employment. In the event that the CONSULTANT .s
determined by law to be in non-compliance with the nondiscrimina-
tion clauses of this contract or with any such regulations or
orders , this contract may be cancelled, terminated , or suspended
in whole or in part .
Article XVIII
AFL IR•IATIVE ACTION PROGRAM
IFThe CONSULTANT acknowledges the development and filing
of an affirmative action program as required by the rules and
regulations promulgated by the Secretary of Labor .
Article XIX
COPYRIGHT
X
No report , maps , or other documents produced in whole
or in part under this Agreement shall be the subject of an
1
application for copyright by or on behalf of CONSULTANT.
If any contract or subcontract involves the development
of patents , a Patent Rights Clause will be required for
inclusion in the contract and will be obtained from Urban Blass
. Transportation` Administration.
A
-15-
a
Article XX
INTEREST OF MENBERS OF CONGRESS.
No member of or delegate to the Congress of the United
States shall be admitted to an
y share or part of this Agreement
or to any benefit arising therefrom.
Article XXI
INTEREST OF PUBLIC OFFICIALS
No member, officer , or employee of the public body or
of a 'local public body during his tenure or for one year
thereafter
t r shall have any interest, direct or indirect , in this
Agreement or the proceeds thereof.
Article XXII
CLEAN AIR ACT OF 1970
CONSULTANT hereby agrees to comply with all orders ,
applicable standards , or regulations issued pursuant to the
Clean Air Act of 1970 .
Article XXIII
CONDITION PRECEDENT
Notwithstanding any other statement contained herein and
regardless of prior execution, this contract shall not be in
r
full force and effect unless and until a grant is awarded to the
CITY by the Department of Transportation of the United States of
America, Urban Mass Transportation Administration (UMTA) for the
purpose of financing the Urban Blass Transportation Technical `
Study outlined herein, such grant being in an amount deemed to be
adequate by the CITY. The CITY shall notifythe CONSULTANT TANT in
writing that UNITA concurs in this Agreement and work is
authorized to proceed with the Article II , Scope of Services .
r ..
14
-16-
i
IN WITNESS HEREOF, the parties hereto have executed
this Agreement in duplicate originals at Wichita Falls ,
Wichita County, Texas , this day of
CITY OF WICHITA FALLS , TEXAS
ATTEST:
By
City Manager
City Clerk `
WILBUR SMITH AND ASSOCIATES , INC.
ATTEST:
By
Vice President
Approved as to Form:
City Attorney
Date :
ti
y
-17- �
fi
EXHIBIT "A"
a
FEDERAL AVIATION AGENCY
COST AND PRICE ANALYSIS. RESZARCH A,4D DEVELOPMENT CONTRACTS Form approved
B:ulget Bureau No. 04-R123
This form is to be used in lieu of FAA Form 3315 as provided under FAPR 2-16.26(}2, it will be PURCHASE REQUEST NUMBER
1 executed and submitted with proposals in respone s to "Requests for Proposals,"for the Procure-
ment of research and developpment services. ff yyour cost accounting system does not permit
analysis of costs as r uin. contact the purchasing office for further instructions.
NAME AND ADORE SS OF OFFERER TITLE OF PROJECT
Wl ur Smith and Associates Transit DQvelopment Pro-ram1 1 West Loop South Suite 200 City of Wichita Falls, �exas
Houston, Texas 77021
ESTIMATED TOTAL
DETAIL DESCRIPTION HOURS RATE/HOUR ESTIMATED COST
(Dolims J
I. DIRECT LABOR (Specify)
I
Principal Associate 64 14.00 896
Principal Planner Engineer
Engineer Planner p
106 5.00 530
Secret aria C erica 72 4.00 288
TOTAL DIRECT LABOR 498
2. BURDEN (Overhead-specify) DEPARTMENT OR COST CENTER BUROEN RATE X BASE BURDEN(al I
TOTAL BURDEN ................
_ 3. DIRECT MATERIAL
Computer Time at cost) 400
Lona Distance Telephone 100
Su lies and Materials 250
Miscellaneous 50
TOTAL MATERIAL €I; 800
4.SPECIAL TESTING including field work at Government installations)
r
i
TOTAL SPECIAL TESTING
S. SPECIAL EQUIPMENT (If direct charge-sPetify in Exhibit B on reverse)
6. TRAVEL (Ifdireet charge) I
a. TRANSPORTATION
b. PER DIEM OR SUBSISTENCE 900
TOTAL TRAVEL ,b7
7. CONSULTANTS lderttit -:
,. ( y-purpose-rate)
..........
TOTAL CONSULTANTS 4r 54:D
8. SUBCONTRACTS Specify In Exhibit A on reverse)
9.OTHER DIRECT COSTS(Specify in Exhibit B on reverse-explain royalty costs, if any)
10. TOTAL DIRECT COST AND BURDEN
11. GENERAL AND ADMINISTRATIVE EXPENSE (Rate of item nos.
12. TOTAL ESTIMATED COST 14, A
13. FIXED FEE OR PROFIT(State basis far amount In proposal) 10% of Item 12 1,455
14. TOTAL ESTIMATED COST AND FIXED FEE OR PROFIT 16,000
FAA Form 44CO-2 (5-66) SUPERSEDES FAA FORM 3515-1 0652-625-9000
n
Special Supplemental Food Program q
for Women, Infants .:nd Children (WIC) •
A regiment �1
In order to effectuate the Special Supplemental hood Pro `^ fON)400n',g75 D ��
Infants and Children, hereinafte; called WIC, of the United Si s Department
Of Agriculture (USDA) , the Texas Department of Health Resources, ` \
'rJ
called State, and '
the approved WIC Project, hereinafter called Project agree as follows:
I.
For and in consideration of the payments and commitments to be made and
performed by the State, Project agrees and promises to:
A. Perform professional, administrative and clerical services necessary
to provide special supplemental foods to qualified women, infants
and children in a specified geographic area according to the terms
and specifications of such program as set out in State and/or USDA
regulations, instructions and directives that will be issued to
Project as they are formulated;
B. Assist in the collection and evaluation of data which will medically
identify benefits of this food intervention program and to furnish
such financial , food dietary, medical records and reports as are
requested by the State for the compilation of the aforesaid data;
C. Determine eligibility of applicants, register participants, collect
data, conduct measurements and maintain records as May be required
by the State and/or USDA.
D. Issue pre-numbered food vouchers to qualified recipients who will
use such vouchers for the specified food items with participating
vendors who will then submit redeemed vouchers to the State and
receive actual costs of such food from the State;
E. Submit to State an itemized monthly record of Project's administrative
and other expenses for reimbursement in the format required by the
State;
F. Release information concerning individual participants only to per-
sons directly connected with the WIC Program, and make available
documents which do not pertain to individual participants, including
program regulations and instructions to the public upon request;
C. Provide persons aggrieved by any of Project' s determinations a prompt
opportunity for a fair hearing as specified in the regulations.
I1 .
State agrees to reimburse Project for the services provided under "I ."
above in accordance with the following terms and conditions:
A. State will allocate 80%, of all funds received from USDA for administra-
tive and other expenses to the Projects in the ratio that each Project' s
caseload bears to the total State caseload.
B. As soon as the WIC grant for 1976 has been determined by the United
States Congress and State has received its allocation, State will amend
this agreement and advise each Project of its proportionate share of
funds for administrative and other expenses.
State reserves the right to exclude and/or to recover any expenditures
that have been claimed find/or paid and are not authorized by the regu-
lations pertaining to tiie Program.
II ( .
For and in consideration of the mutuiil hcric! its accruing to both parties
of this agreement, it is further agreed and ui: lerstood thrit
\. State and/or USDA shall have the right throu�,h their representatives
to inspect, examine, investigate and cv_iluate the program described
in "I." above and the facilities provided by the i'roject under this
agreement at any time.
B. Performance of Part II of this agreement shall be contingent upon
funds being made available by the United States Department of Agri-
culture.
C. It is further agreed and understood that in the event State and
federal laws on the part of either Project or State should be amen-
ded so as to render fulfillment of this agreement on the part of either
the Project or the State unfeasible or impossible, then in that event
both the Project and the State shall be discharged from further obli-
gation claimed under the terms of the agreement except for equitable
settlement of the respective accrued interests up to the date of the
termination. It is further agreed and understood that if the total
amount of funds made available by the United States Department of
Agriculture are inadequate to fulfill the obligations incurred by
reason of this agreement, then this agreement shall be void as to both
parties.
D. The terms of the agreement shall not be modified or changed in any
way other than by the consent in writing of both parties hereto.
E. This agreement shall become effective on July 1, 1975, and shall
continue until June 30, 1976, unless terminated earlier as provided
herein. State may renew this agreement for each fiscal year there-
after, by notice in writing given to the Project.
F. This agreement may be terminated upon 30 days written notice on the
part of either party hereto and the State may terminate this agree-
ment immediately upon receipt of evidence that the terms and condi-
tions of this agreement or the regulations have not been fully complied
with by the Project.
G. Notwithstanding any termination of this agreement, the obligations of
the Project with respect to retention and audit of records and submission
of reports shall continue until the requirements of the regulations have
been fully performed.
Executed in triplicate this day of 197
WIC PROJECT DIRECTOR TEXAS DEPARTMENT OF HEALTH RESOURCES
BY
Fratis L. Duff, Deputy Director
� - t
AGREEMENT AND LEASE OF PREMISES 1
AT /
SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL
THIS AGREEMENT, made and entered into as of the 15th day of July, 1975,
by and between the City of Wichita Falls , a municipal corporation of the State
of Texas (hereinafter referred to as the "City") , and Continental Air Lines,
Inc. , a corporation organized and existing under the laws of the State of
Nevada (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 an airport known
as Sheppard Air Force Base located in the County of Wichita, State of Texas
(which airport and any additions or improvements thereto or changes therein
which the United States Air Force hereafter makes or authorizes are hereinafter
collectively called "Air Force Base") , the Air Force Base being shown in
Exhibit A attached hereto and made a part hereof; and
WHEREAS, the City leases a tract of land on the Air Force Base on which
are located a civil air terminal , ramp and supporting hangars (which tract and
any additions or improvements thereto or changes which the City hereafter makes
or authorizes are hereinafter collectively called the "Civil Terminal") , the
Civil Terminal being shown in Exhibit B attached hereto and made a part hereof;
and
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 the Flying Field and necessary appurtenances at
the Air Force Base (which flying field and any additions or improvements thereto
or changes therein which the United States Air Force hereafter makes or author-
izes are hereinafter collectively called the "Flying Field") , the Flying Field
being shown in Exhibit A; and
WHEREAS, the Airline is engaged in the business of air transportation
1.
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 Flying Field and into an Agreement for
the lease and use of premises and facilities in the Civil Terminal , which
shall be fully subject to and subordinate to the 1959 Lease Agreement between
the Secretary of tie Air Force and the City of Wichita Falls, attached hereto;
NOW, THEREFORE, the parties hereto, for and in consideration of rents,
covenants and agreements contained herein, agree as follows:
ARTICLE I - PREMISES
City does hereby demise and let unto Airline, and Airline does hereby
hire and take from City, the following premises and facilities, rights,
licenses and privileges on and in connection with the property and improve-
ments specified as said Flying Field and Civil Terminal , as more particularly
hereinafter set forth:
(A) Use of Flying Field and Civil Terminal 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 15 May 1959 and designated Contract DA-41-443-eng-5551 ,
a copy of which is attached hereto and made a part hereof, in common with others
authorized so to do, of said Flying Field and Civil Terminal , the same being more
particularly described in Exhibit A and Exhibit B attached hereto, respectively,
together with all facilities, improvements, equipment, and services which have
been or may have been or may hereafter be provided at or in connection with said
Flying Field and Civil Terminal from time to time, including without limiting
the generality hereof the landing field, runways, aprons, taxiways, sewerage and
water facilities, flood lights, landing lights, control tower, signals, radio
aids, and all other conveniences for flying, landings and takeoffs of aircraft
of Airline, 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, and of any other scheduled air
transport operator (except as to storage and fueling) as an accommodation and
not as an independent business , similar to arrangements of a generally reciprocal
nature under which airlines accommodate each other at various airports;
- 2 -
1
(3) The training at the Flying Field and Civil Terminal 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 sale, disposal or exchange of Airline's aircraft, engines ,
accessories, gasoline, oil , grease, lubricants and other equipment or other
fuel or supplies, provided that such right shall not be construed as authoriz-
ing the conduct of a separate business by Airline, but to permit Airline to
perform such function as an incident to its operation of an air transportation
system, and specifically, but without limitation, to permit the sale or disposal
of any article or goods used by, or bought for use by, the Airline in connection
with its operation of an air transportation system and provided that the Airline
may not sell gasoline, fuel , greases and other lubricants except to any sub-
�idiary or affiliated company or except when the same are of a particular grade
desired by others and not otherwise available (except from other air transport
operators) at said Flying Field or Civil Terminal ;
(5) The servicing by Airline or others of Airline's aircraft and
other equipment, by truck or otherwise, with gasoline, oil , greases, and other
fuel or other supplies required by Airline; such right to include (upon Airline's
exercise of the option specified in subsection (G) of this Article) , without
limiting the generality hereof, the right to install and maintain on said Civil
Terminal area adequate storage facilities for such gasoline, oil , greases and
other fuel or supplies either underground or on the surface, together with the
necessary pipes, pumps, motors, filters and other appurtenance incidental to
the use thereof;
(6) The landing, taking-off, parking, loading and unloading of
Airline's aircraft or other equipment;
(7) The right to load and unload persons, property and mail at
said Civil Terminal by such motor cars, busses, trucks or other means of con-
veyance as Airline may desire or require in the operation of its air transporta-
tion 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 Civil
Terminal ; 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 IV hereof; and provided further that the
- 3 -
foregoing shall not be construed as imposing upon City any obligation other
than the granting of such right;
(8) The right to install , maintain and operate, in any space
leased for its exclusive use, a cafeteria or restaurant, or other food and
beverage-preparing and dispensing establishment, and the right to cook, prepare
and serve therein foods and beverages for consumption and use by Airline's
employees and passengers and guests on its aircraft operating from said Flying
Field and Civil Terminal , and to do any and all things necessary required or
convenient in connection therewith; provided that nothing in this paragraph
contained shall be construed as giving Airline the right to operate a public
cafeteria or restaurant;
(9) The right to install and operate advertising signs on the
leased premises, the general type and design of such signs to be subject to the
approval of City's Airport Manager, such approval not to be unreasonably
withheld;
(10) The right to install , maintain and operate such radio, communi-
cations, meteorological and aerial navigation equipment and facilities in, on
and about the premises herein leased as may be necessary or convenient in the
opinion of the Airline for its operations, subject to the approval of the City's
Airport Manager, such approval not to be unreasonably withheld;
(11 ) The conduct of any other business or operation reasonably
necessary to the proper conduct and operation by Airline of an air transporta-
tion system for the carriage of persons, property and mail by aircraft in
domestic or foreign commerce;
(12) The rights and privileges granted Airline under this Article I
with respect to the performance of ground services and activities in connection
with its air transportation operations at the Flying Field and Civil Terminal
may be exercised by Airline for and on behalf of any other air transportation
company or companies authorized by City to use the Flying Field or Civil
Terminal or for and on behalf of Airline by such other company or companies or
by an airport terminal corporation or an airline service corporation. Without
limitation, 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, storage,
- 4 -
e
fueling and dispatching services incidental to the operation of aircraft at
the Flying Field and Civil Terminal . Without limitation, such rights and
privileges shall be deemed to include all aircraft operated by, as well as
owned by Airline.
(B) Space in Passenger Terminal Building. The exclusive use of
484 square feet of space in the Passenger Terminal Building of Civil
Terminal Area, as shown on Exhibit C attached hereto and made a part hereof,
for such uses as Airline may desire to make thereof in connection with or
incidental to its operation of an air transportation system, such uses to
include, without limiting the generality hereof, the sale of tickets, manifest-
ing of passengers , handling of mail , baggage and cargo, and the operation of a
general traffic, operations and communications office.
(C) Baggage Reclaim Space in Passenger Terminal Building. The use, in
common with other scheduled airlines serving Wichita Falls, of approximately
650 square feet of space designated as "Baggage Claim" area on Exhibit C
attached hereto.
(D) Space in Freight Building. The use of approximately 400 square
feet of space within said building as shown on Exhibit D attached hereto. Air-
line 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 specifications
for such fencing as Airline shall desire to erect shall be subject to the
approval of the Airport Manager, which approval shall not be unreasonably
withheld.
(E) Public Space in Passenger Terminal Building. The use by Airline,
its employees, passengers, guests, patrons and invitees, in common with others,
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, without limiting the generality hereof, its lobby, waiting
room, hallways, restrooms and other public and passenger conveniences.
(F) Parking Space. The use by Airline and its employees, passengers,
guests, patrons and invitees, in common with others, of an adequate vehicular
parking space located as near as possible to the Passenger Terminal Building.
A reasonable charge may be made for the use of such parking space.
-5-
(G) Aviation Fuel Storage Facilities. The option at any time during
the term hereof, on thirty (30) days' written notice to City to lease the
exclusive use of sufficient ground space for the installation of tanks and
equipment to store, load and unload Airline's requirements of gasoline or
fuel . Said ground space shall be located on said Civil Terminal , the exact
location thereof to be determined by mutual agreement of City and Airline at
the time of exercise of option, or, if Airline so elects , it may utilize
storage facilities located off said Civil Terminal . City agrees to grant to
Airline such rights of way and easements as may be necessary for the installa-
tion of underground pipes from Airline's storage facilities on Civil Terminal
to unloading facilities.
(H) Right of Access, Ingress and Egress. The full , free and unrestricted
access and ingress to and egress from the premises outlined in (A) through (G)
above, for Airline, its employees, passengers, guests , patrons, invitees,
Suppliers of materials and furnishers of service, its or their aircraft, equip-
ment, vehicles, machinery and other property. (Except, however, a reasonable
charge may be made for the use of such parking space. )
ARTICLE II - TERM
Airline shall have and hold said premises, facilities, rights, licenses
and privileges set forth in Paragraphs (A) through (H) of Article I for a term
of three (3) years, beginning July 15th, 1975 and ending July 14th, 1978.
ARTICLE III
LANDING AND BAGGAGE SERVICE FEES,
AND PASSENGER TERMINAL AND FREIGHT-BUILDING RENTALS..
From and after July 15th, 1975, payment, fees and charges for the use
of all of the premises, facilities, rights, licenses, services and privileges
granted hereunder, except those for which payments are otherwise specifically
provided in this Agreement, shall be combined in and represented by a landing
fee, baggage service fees, and passenger terminal and freight building rentals ,
as follows:
(A) Landing Fees. For each and every scheduled revenue aircraft
arrival at the Flying Field, Airline agrees to pay City a landing fee of ten
and one half cents ($0.105) per thousand pounds of Federal Aviation Administration
approved maximum landing weight of such aircraft. The term "revenue aircraft
arrival" as used herein shall mean any aircraft arrival for which the Airline
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has received or made a monetary fee or charge, including, without limitation,
scheduled trips and charter, sightseeing and other trips for which revenue is
received, but excluding, without limitation, ferry, test, courtesy, inspection
or other trips for which no monetary fee or charge is received and arrivals of
aircraft which are forced to land at the Flying Field because of meteorological
conditions, mechanical or operating causes or for a similar emergency or pre-
cautionary reason. The term "approved maximum landing weight" for any aircraft
as used herein shall be the maximum landing weight approved by the Federal
Aviation Administration for landing such aircraft at the Flying Field.
Anything herein to the contrary notwithstanding and whether or not 4
published timetable is in effect, in the event that Lessee's operations at the
Airport are suspended during any period, because of strikes or other labor dif-
ficulties, war, insurrection, riots or order of any governmental authority
having jurisdiction, Lessee shall not be required to pay during the period in
which its operations have been suspended for any scheduled landings other than
those landings actually completed.
The Landing Fee provided for in this Article III (A) shall 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 of Contract DA-41-443-eng-5551 . In such 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, the present fee shall continue
in effect, or City may cancel and terminate this Agreement by thirty (30) days
written notice to Airline.
(B) Baggage Service Fees. Airline shall pay to City $4.00 per revenue
aircraft landed by Airline at the Flying Field as specified above for porter,
baggage, cargo, air freight, and mail handling at the Civil Terminal . For said
charge, City will provide porters to:
(1 ) Assist Airline's passengers, guests, patrons and invitees in
carrying baggage from the front of the Passenger Terminal Building to Airline's
ticket counter.
7 -
t
(2) Receive baggage, freight, cargo and mail at Airline's ticket
counter or baggage make up area and carry or transport same to Airline's des-
ignated aircraft and assist in loading same on board the aircraft, prior to
departure time of said aircraft.
(3) Unload or assist to unload all baggage, freight, cargo and
mail from Airline's arriving aircraft and deliver same to the location desig-
nated by Airline at the Civil Terminal .
(4) Airline he agrees to indemnify and hold the City harmless
for any and all claims for damage to property incident to or as a result of
the City's employees assisting the Airline with the loading or unloading of
its aircraft or operation of its cargo trucks; provided, however, that Airline
shall not be liable for any claims occasioned by the negligence of City's
employees.
(C) Passenger Terminal Building and Freight Building Rental . Airline
will pay the City a monthly rental for the spaces in the Passenger Terminal
Building and Freight Building leased pursuant to Article I , (B) , (C), and (D)
and designated on Exhibits C and D as ticket counter, office, baggage room,
storage, baggage claim and freight space; and for use of the public address
system. City will supply heat, lights and electricity to all such spaces,
and will supply air conditioning, lamps and janitor service to Airline's lease
space within the Passenger Terminal Building, at no cost to Airline. The
rental will be charged according to the following schedule:
Office and Ticket Counter Space $342.83 per month
(484 square feet at $8.50
per square foot per annum,
being $4,114.00 per year)
Baggage Claim Area $ 39.32 per month
(20% of 650 square feet =
130 square feet at $3.63
per square foot per annum,
being $471 .90 per year)
Freight Building Space $115.67 per month
(400 square feet at $3.47
per square foot per annum,
being $1 ,388.00 per year)
Public Address System $ 25.00 per month
($25.00 per month, being
$300.00 per year)
Total - - 522.82 per month
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(D) Statements and Payments. Airline shall , within five (5) days
following the end of each month, submit to City a published schedule showing
the numbers of Airline's revenue aircraft landings during such month as
outlined above at the Flying Field, and City shall , following receipt of
Airline's statement, transmit to Airline an invoice for fees, rentals and
charges incurred by Airline during said month as above provided.
The foregoing payments shall be made on or before the 20th day of each
calendar month next succeeding that for which payment is being made; provided,
that in no case will said amount be payable until fifteen (15) days after
receipt by Airline of a written invoice therefor from City. Anything herein
to the contrary notwithstanding, in the event that Airline's operations at the
Airport are suspended during the term hereof because of or related to acts of
war, civil commotion, insurrection, riot, fire, flood, accident, storms, acts
of God, breakage or failure of machinery or equipment, inability to obtain
fuel , material or equipment, or the authority to use the same, orders, rulings ,
regulations or restrictions of governmental , judicial or administrative auth-
ority, strikes , labor slowdowns or disputes, or any other cause (whether
similar or dissimilar) beyond the reasonable control of Airline, then during
such periods of suspension, the following shall be applicable:
(1 ) The payment of all fees and charges shall be suspended during
such period but such fees and charges shall accrue and become payable thirty
(30) days after the termination of such period of suspension.
(2) The provision set out above relating to the use of scheduled
trip arrivals to compute a Landing Fee will not be applicable, and Airline
shall be required to pay a Landing Fee computed on aircraft landing weight
based upon the actual landings completed during such period.
All unpaid monies due the City hereunder shall bear a service charge of
one and one half percent (1,%) per month if same is not paid and received by
City as provided above. Airline shall pay and discharge all costs and
expenses, including attorneys fees, incurred or expended by City in collection
of said delinquent amounts due.
ARTICLE IV - OTHER CHARGES OR FEES
It is agreed that no charges, fees or tolls, other than herein expressly
provided for, shall be charged or collected from Airline by City or any other
person, firm or corporation presently or in the future having any interest in
- 9 -
said Civil Terminal or any part thereof (except fixed base operators, opera-
ting under contract with City, may charge for storage, gasoline, fuel or
services ordered from them by Airline) ; provided, however, that City may
levy a reasonable charge against any taxi , limousine or other company or
operator carrying passengers to and/or from said Civil Terminal other than
transportation paid for by Airline as the result of cancelled or interrupted
flights.
ARTICLE V - 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
Flying Field and Civil Terminal , together with all the facilities, rights,
licenses and privileges herein granted.
ARTICLE VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Airline shall have the full right of purchasing at said Civil Terminal
its requirements of gasoline, fuel , lubricating oil , grease or any other
materials or supplies from any person or company of its choice, and no charges,
fees or tolls of any kind except as herein expressly set forth shall be charged
by City (or any other person, firm or corporation presently or in the future
having any interest in said Civil Terminal or any part thereof) against Air-
line or its suppliers for the privilege of using, storing, withdrawing, hand-
ling, consuming or transporting the same to, from or on said Civil Terminal .
. ARTICLE VII - MAINTENANCE AND OPERATION OF AIRPORT
City agrees that it will maintain the said Civil Terminal and appur-
tenances in such manner as to comply with all appropriate local , State and
Federal regulatory authorities having jurisdiction thereof, and so that they
are suitable and adequate for Airline's operations.
City agrees during the term of this Agreement to maintain and operate
and to keep in good repair said Civil Terminal , including Passenger Terminal
Building and the appurtenances , facilities and services now or hereafter con-
nected therewith, including, without limiting the generality of the foregoing,
all appurtenances and facilities which the City has agreed hereunder to
furnish or supply, and to keep ..said Civil Terminal free from obstructions for
the safe, convenient and proper use thereof by Airline.
- 10 -
It is expressly understood that the City will keep the public space in
the Passenger Terminal Building attractively 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 temperature, and will keep the said
public spaces at all times clean, neat, orderly, sanitary and presentable.
ARTICLE VIII - 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 pos-
sible, 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 IX - BUILDING AND IMPROVEMENTS BY AIRLINE
The Airline may at its own cost and expense erect on or install in the
Aviation Fuel Storage Premises, or any other space which is or may be exclu-
sively leased to the Airline hereunder, any buildings, structures or facilities,
including but not limited to, storage tanks or equipment above or under ground,
that it shall determine to be necessary for use in connection with its air
transport operations, provided that any building or structure erected shall
conform insofar as practical to the general exterior architectural design of
the Passenger Terminal Premises then in use on said Civil Terminal , and pro-
vided further that plans and specifications for any such building, structure
or facility shall be subject to approval by City, such approval not to be
unreasonably withheld. No restrictions shall be placed on the Airline as to
the architects, builders or contractors who shall be employed by it in connec-
tion with the the erection or installation of any such building, structure or
facility and the City shall provide free ingress and egress to and from the
said spaces for any person or material or thing connected with such erection
or installation.
- 11 -
Any such building, structure or facility erected or installed by Airline
shall not become a part of the land on which it is erected but shall be and
remain the property of Airline, except as may be otherwise agreed in writing
between City and Airline prior to the erection or installation thereof.
Airline shall not make or permit any additions, improvements, or altera-
tions to the area leased to it in the Passenger Terminal Building and Freight
Building without prior written consent of City, such consent not to be unreas-
onably withheld. Any such additions, improvements or alternations made with
consent of 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 City and
such additions or improvements shall be subject to all terms and conditions of
this instrument.
ARTICLE X - OPTION TO LEASE ADDITIONAL SPACE
The Airline shall have the right and option at any time and from time
to time during the term hereof to lease any additional space or parcels of land
at the Civil Terminal not necessary to the operation of the Flying Field and
Civil Terminal and at the time not leased to others, whether such space or par-
cels of land are adjacent to any space leased hereunder or otherwise, for the
exclusive use of Airline, upon the terms and conditions set forth herein and at
a rental mutually agreed upon by City and Airline, which rental shall be
uniform, non-discriminatory and at the rate then currently effective for the
same or similar type of space or parcels of land on the Airport; provided that
any such additional space or parcels of land shall be at locations appropriate
for the purpose intended and fitting in with the master plan of the Flying Field
and Civil Terminal .
ARTICLE XI - RULES AND REGULATIONS
Airline covenants and agrees to observe and obey all reasonable rules
and regulations now in effect and which may from time to time during the term
hereof be promulgated and enforced by City for the conduct and operation of the
Flying Field and Civil Terminal ; provided that such rules and regulations shall
be consistent with safety and with rules, regulations and orders of the Federal
Aviation Administration with respect to aircraft operations at the Flying Field
and Civil Terminal ; and provided further that such rules and regulations shall
- 12 -
not be inconsistent with the provisions of this Agreement or the procedures
prescribed or approved from time to time by the Federal Aviation Administration
with respect to the operation of Airline's aircraft at the Flying Field and
Civil Terminal . A copy of the rules and regulations now in effect is attached
hereto and made a part hereof.
ARTICLE XII - DAMAGE OR DESTRUCTION OF BUILDING
If any building in which Airline occupies exclusive space hereunder
shall be partially damaged by fire or other casualty but not rendered untenant-
able, the same shall be repaired with due diligence by the City at its own
cost and expense. If the damage shall be so extensive as to render the premises
untenantable but capable of being repaired in thirty (30) days, the same shall
be repaired with due diligence by the City at its own cost and expense, and 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.
In case said building is completely destroyed by fire or other casualty or so
damaged that it will remain untenantable for more than thirty (30) days, or in
case it does so remain untenantable for more than thirty (30) days, then
either (1 ) the City may repair or reconstruct said building with due diligence
and the rent payable hereunder with respect to Airline's exclusive space and
the services therewith in said building shall be proportionately 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) if City has not begun and prose-
cuted such repair or reconstruction with due diligence within sixty (60) days
after the time of such damage or destruction, Airline may give City 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 the said building, shall forthwith cease and terminate.
ARTICLE XIII - CANCELLATION BY CITY
In the event that Airline shall file a voluntary petition in bankruptcy
or that proceedings in bankruptcy shall be instituted against it and Airline is
thereafter adjudicated bankrupt pursuant to such proceedings, or that the Court
shall take jurisdiction of Airline and its assets pursuant to proceedings
brought under the provisions of any Federal reorganization act, or that a
receiver of Airline's assets shall be appointed, or that Airline shall be
- 13 -
divested of its estate herein by other operation of law, City may declare
this lease terminated, and the term hereby demised shall thereupon cease.
In the event 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, City may give Airline notice in writing to correct
such condition or cure such default, and, if such condition or default shall
continue for thirty (30) days after the receipt of such notice by the Airline,
City may declare this lease terminated, and the term hereby demised shall
thereupon cease.
The acceptance of rental by City for any period or periods after a de-
fault of any of the terms, covenants or conditions herein contained to be per-
formed, 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 be per-
formed, 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 authorized
agency thereof of the operation, control or use of said Flying Field, Civil
Terminal and facilities or any substantial part or parts thereof in such manner
as to prevent the City, for a period of at least ninety (90) days , from per-
formance 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 prqventing or restraining the use of said Flying Field or Civil Terminal
or any part thereof for Airport purposes, and the remaining in force of such
injunction for a period of at least fifteen (15) days, shall authorize City to
suspend such lease on written notice to Airline, for the period of such injunc-
tion, provided that all fees and charges due hereunder shall abate for such
period.
14 -
ARTICLE XIU - 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.
(A) The failure or refusal of the Federal Aviation Administration to
continue to grant Airline the right to operate into and from said Flying Field
and Civil Terminal ;
(B) The termination of Airline's obligation or right (imposed by con-
tract or otherwise) to the Federal Government for the carriage of United States
air mail to, from or through the Wichita Falls metropolitan area or its
environs;
(C) The failure or refusal to designate, or the withdrawal of such
designation, by the U. S. Postal Service or any other competent governmental
authority, of the said Flying Field and Civil Terminal as the terminal point for
the Wichita Falls metropolitan area and its environs, for the receiving and
dispatching of United States air mail ;
(D) Any action of the Federal Aviation Administration or the Civil
Aeronautics Board refusing to permit Airline to operate into, from or through
said Flying Field and Civil Terminal such aircraft as Airline may reasonably
desire to operate thereon;
(E) The breach by City of any of the covenants or agreements herein con-
tained 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.
(F) The inability of Airline to use the Flying Field or any of the
premises, facilities, rights, licenses, services or privileges leased to Airline
hereunder for a period in excess of thirty (30) days because of any law or any
other rule or regulation of any appropriate governmental authority having juris-
diction over the operations of Airline, or because of war, earthquake or other
casualty;
(G) The assumption by the United States Government or any authorized
agency thereof of the use, maintenance or operation of said Flying Field, Civil
Terminal and facilities or any substantial part or parts thereof in such manner
- 15 -
as to prevent the full use and enjoyment by the Airline of its rights under
this lease;
(H) The erection of any obstacle on or in the vicinity of said Flying
Field which would occasion a cancellation of Airline's air carrier operating
certificate or similar authorization establishing minimum safety standards for
the operations of Airline.
(I) If by reason of any action or non-action of the Civil Aeronautics
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 Flying Field and Civil Terminal , whether or
not such action is initiated by Airline (including action in the nature of al-
teration, amendment, modification, suspension, cancellation or revocation of
any such certificate or document in whole or part) , the Airline shall cease
to have authority to operate aircraft in or out of the Flying Field and Civil
Terminal pursuant to such certificate or document.
M Issuance by any Court of competent jurisdiction of an injunction
in any way preventing or restraining the use of said Flying Field or Civil
Terminal or part thereof for airport purposes, and the remaining in force of
such injunction for a period of at least fifteen (15) days, shall authorize
Airline to suspend such lease on written notice to City, for period of such
injunction, provided that all fees and charges due hereunder shall abate for
such period.
M If, by reason of any shortage, allocation, or unavailability of
jet fuel , it becomes necessary for Airline to suspend or cancel service to,
through, or from City, and such suspension or cancellation continues for a
period of at least fifteen (15) days, then during such time of suspension or
cancellation all obligations hereunder shall be abated until such time as
scheduled service resumes.
No waiver of default by Airline of any of the terms , covenants or con-
ditions hereof to be performed, kept and observed by City shall be construed
to be or act as a waiver by Airline of any subsequent default of any of the
terms, covenants and conditions herein contained to be performed, kept and
observed by City.
- 16 T
ARTICLE XV - INDEMNITY AND INSURANCE
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 Flying Field and Civil Terminal ; provided
however that Airline shall not be liable for any injury, damage or loss
occasioned by the negligence of City, its agents or employees; and provided
further that City shall give to Airline prompt and timely notice of any claim
made or suit instituted which in any way, directly or indirectly, contingently
or otherwise, affects or might affect Airline, and Airline shall have the
right to compromise and defend the same to the extent of its own interest.
Airline shall at all times during the term of this Agreement maintain
in force at its sole cost and expense a policy or policies of insurance which
will insure the City, its officers and employees, against liability for injury
to or death of any person, or damage to or loss or destruction of any property
arising out of Airline's use or occupancy of the Flying Field and Civil
Terminal , except liability arising out of the negligence or willful misconduct
of City, its officers or employees. Such insurance shall be issued by a res-
ponsible insurance company and shall have the following minimum coverage:
a. $1 ,000,000 per occurrence bodily injury liability.
b. $1 ,000,000 per occurrence property damage liability.
Said insurance coverage shall remain in full force and effect during the term
of this lease and shall name City and its officers and employees as additional
insureds and shall be primary insurance to the full limits of liability
required hereunder. If City, its officers and employees have insurance cov-
erage which also applies to any loss covered by the insurance maintained by
Airline, any other insurance shall be excess insurance only, since policy or
policies shall be endorsed to recognize and insure the obligation assumed by
Airline hereunder.
Airline shall furnish to City a Certificate of Insurance evidencing
that the coverage required hereunder is in full force and effect. Said
policy of insurance shall contain an endorsement requiring that City be given
at least twenty (20) days prior written notice before said policy may be
cancelled, terminated or materially changed.
- 17 -
Airline shall also at its sole cost and expense maintain during the
term of this lease all insurance coverage required under the Workmen's
Compensation laws of the State of Texas for the benefit of its employees.
ARTICLE XVI - COVENANT NOT TO GRANT MORE FAVORABLE TERMS
City covenants and agrees that it will not charge a more favorable
rental , fee or charge, or grant more favorable terms to any other air trans-
port operator with respect to the use of said Flying Field or Civil Terminal
than this lease, or grant to any other air transport operator rights, privil-
eges or concessions with respect to the said Flying Field or Civil Terminal
which are not accorded to the Airline hereunder, unless the same more favor-
able terms , rights, privileges and concessions are concurrently and auto-
matically made available to the Airline.
ARTICLE XVII - QUIET ENJOYMENT
City agrees that, on payment of the rent and performance of the cove-
nants and agreements on the part of the Airline to be performed hereunder,
Airline shall peaceably have and enjoy the leased premises and all the rights
and privileges of said Flying Field and Civil Terminal , its appurtenances and
facilities, as herein provided.
ARTICLE XVIII - 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, and Airline shall have the right at
any time during said term, or any renewal or extension thereof, and for one
year after the expiration or termination thereof, to remove any buildings,
structures or facilities it may erect on or install in the Aviation Fuel
Storage Premises or other space exclusively leased hereunder and to remove all
fixtures and equipment and other property installed or placed by it at its
expense in, on or about the premises herein leased and said Flying Field and
Civil Terminal , such fixtures and equipment and other property to include,
without limitation, storage tanks, pipes, pumps, wires , poles, machinery and
air conditioning equipment; subject, however, to any valid lien which City
may have thereon for un3aid rents or fees.
•- 18 -
ARTICLE XIX - DEFINITION Of TERMS
Whenever the terms "Federal Aviation Administration" and "Civil
Aeronautics Board" are used in this Agreement, they shall be construed as
referring to the Federal Aviation Administration and the Civil Aeronautics
Board created by the Federal Government under the Federal Aviation Act of
1958, or to such other agency or agencies of the Federal Government as may
from time to time be the successor thereto or be vested with the same or
similar jurisdiction over the Airline or its business.
ARTICLE XX - ASSIGNMENT OF LEASE
Airline shall not assign nor transfer this Agreement nor any privil-
eges hereunder and shall not assign nor sublet or mortgage all or any part
of the premises leased hereby, whether voluntarily or involuntarily, without
the prior written consent of the City, which consent shall not be unreasonably
withheld.
ARTICLE XXI - NONDISCRIMINATION
Airline agrees it will not, on the grounds of race, color, national
origin, sex or creed, discriminate or permit discrimination against any person
or group of persons in the manner prohibited by Part 15 of the Federal Aviation
Regulations. City reserves the right to take such action as the United States
may direct to enforce the provisions of this covenant.
ARTICLE XXII - SPONSORS' ASSURANCES
This lease Agreement shall be subject to the terms of any sponsors'
assurances and agreements required between City and the Federal Aviation
Administration or any successor federal agency.
ARTICLE XXIII - NON-EXCLUSIVE RIGHTS
It is understood and agreed that nothing herein contained shall be con-
strued to grant or authorize the granting to Airline of an exclusive right,
other .than the exclusive right to use that space in the Passenger Terminal
Building and the Freight Building described in Article I (B) and (D).
ARTICLE XXIV - CITY AGENT
City hereby designates i`ts Airport Manager, as well as its City Manager,
and such official as he may designate, as its official representative, with
- 19 -
the full power to represent City in all dealings with Airline in connection
with the premises herein leased.
ARTICLE XXV - NOTICES
Notices to City provided for herein shall be sufficient if sent by
registered or certified mail , postage prepaid, addressed to Airport Manager,
Wichita Falls Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas,
76301 , and notices to Airline, if sent by registered or certified mail ,
postage prepaid, addressed to Vice President, Properties and Facilities,
Continental Air Lines, Inc. , 7300 World Way West, Los Angeles, California,
90009; or to such other respective addresses as the parties may designate in
writing from time to time.
ARTICLE XXVI - DEVELOPMENT OF WICHITA FALLS MUNICIPAL AIRPORT
City reserves the right to further develop or improve the Civil Terminal
as it sees fit. If the physical development of the Civil Terminal requires the
relocation of Airline, City agrees to provide a comparable location and agrees
to relocate all buildings or provide similar facilities for Airline at no
cost to Airline.
ARTICLE XXVII - HEADINGS
The article and paragraph headings are inserted only as a matter of con-
venience and for reference and in no way define, limit or describe the scope or
intent of any provisions of this lease.
ARTICLE XXVIII - 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 jurisdiction, 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.
- 20 -
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first above written.
CITY OF WICHITA FALLS
G. Fox,iA-
Gerfld 'ty Man ger
ATTEST:
City C erk
Approved as to form:
i A torney
CONTINENTAL AIR LINES, INC.
BY
Staff Vice President-Properties &
Facilities
ATTEST:
sistant Secretary
- 21 -
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AGREEMENT AND LEASE OF PREMISES
AT
SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL
THIS AGREEMENT, made and entered into as of the 15th day of July, 1975,
by and between the City of Wichita Falls, a municipal corporation of the State
of Texas (hereinafter referred to as the "City") , and Texas International
Airlines, Inc. , a corporation organized and existing under the laws of the
State of Delaware (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 an airport known
as Sheppard Air Force Base located in the County of Wichita, State of Texas
(which airport and any additions or improvements thereto or changes therein
which the United States Air Force hereafter makes or authorizes are hereinafter
collectively called "Air Force Base") , the Air Force Base being shown in
Exhibit A attached hereto and made a part hereof; and
WHEREAS, the City leases a tract of land on the Air Force Base on which
are located a civil air terminal , ramp and supporting hangars (which tract and
any additions or improvements thereto or changes which the City hereafter makes
or authorizes are hereinafter collectively called the "Civil Terminal ") , the
Civil Terminal being shown in Exhibit B attached hereto and made a part hereof;
and
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 the Flying Field and necessary appurtenances at
the Air Force Base (which flying field and any additions or improvements thereto
or changes therein which the United States Air Force hereafter makes or author-
izes are hereinafter collectively called the "Flying Field") , the Flying Field
being shown in Exhibit A; 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 Flying Field and into an Agreement for
the lease and use of premises and facilities in the Civil Terminal , which
shall be fully subject to and subordinate to the 1959 Lease Agreement between
the Secretary of the Air Force and the City of Wichita Falls, attached hereto;
NOW, THEREFORE, the parties hereto, for and in consideration of rents,
covenants and agreements contained herein, agree as follows:
ARTICLE I - PREMISES
City does hereby demise and let unto Airline, and Airline does hereby
hire and take from City, the following premises and facilities, rights,
licenses and privileges on and in connection with the property and improve-
ments specified as said Flying Field and Civil Terminal , as more particularly
hereinafter set forth:
(A) Use of Flying Field and Civil Terminal 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 15 May 1959 and designated Contract DA-41-443-eng-5551 ,
a copy of which is attached hereto and made a part hereof, in common with others
authorized so to do, of said Flying Field and Civil Terminal , the same being more
particularly described in Exhibit A and Exhibit B attached hereto, respectively,
together with all facilities, improvements, equipment, and services which have
been or may have been or may hereafter be provided at or in connection with said
Flying Field and Civil Terminal from time to time, including without limiting
the generality hereof the landing field, runways, aprons, taxiways, sewerage and
water facilities, flood lights, landing lights, control tower, signals, radio
aids, and all other conveniences for flying, landings and takeoffs of aircraft
of Airline, 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, and of any other scheduled air
transport operator (except as to storage and fueling) as an accommodation and
not as an independent business, similar to arrangements of a generally reciprocal
nature under which airlines accommodate each other at various airports;
- 2 -
(3) The training at the Flying Field and Civil Terminal 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 sale, disposal or exchange of Airline's aircraft, engines ,
accessories, gasoline, oil , grease, lubricants and other equipment or other
fuel or supplies, provided that such right shall not be construed as authoriz-
ing the conduct of a separate business by Airline, but to permit Airline to
perform such function as an incident to its operation of an air transportation
system, and specifically, but without limitation, to permit the sale or disposal
of any article or goods used by, or bought for use by, the Airline in connection
with its operation of an air transportation system and provided that the Airline
may not sell gasoline, fuel , greases and other lubricants except to any sub-
sidiary or affiliated company or except when the same are of a particular grade
desired by others and not otherwise available (except from other air transport
operators) at said Flying Field or Civil Terminal ;
(5) The servicing by Airline or others of Airline's aircraft and
other equipment, by truck or otherwise, with gasoline, oil , greases, and other
fuel or other supplies required by Airline; such right to include (upon Airline's
exercise of the option specified in subsection (G) of this Article) , without
limiting the generality hereof, the right to install and maintain on said Civil
Terminal area adequate storage facilities for such gasoline, oil , greases and
other fuel or supplies either underground or on the surface, together with the
necessary pipes, pumps, motors, filters and other appurtenance incidental to
the use thereof;
(6) The landing, taking-off, parking, loading and unloading of
Airline's aircraft or other equipment;
(7) The right to load and unload persons, property and mail at
said Civil Terminal by such motor cars, busses, trucks or other means of con-
veyance as Airline may desire or require in the operation of its air transporta-
tion 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 Civil
Terminal ; 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 IV hereof; and provided further that the
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foregoing shall not be construed as imposing upon City any obligation other
than the granting of such right;
(8) The right to install , maintain and operate, in any space
leased for its exclusive use, a cafeteria or restaurant, or other food and
beverage-preparing and dispensing establishment, and the right to cook, prepare
and serve therein foods and beverages for consumption and use by Airline's
employees and passengers and guests on its aircraft operating from said Flying
Field and Civil Terminal , and to do any and all things necessary required or
convenient in connection therewith; provided that nothing in this paragraph
contained shall be construed as giving Airline the right to operate a public
cafeteria or restaurant;
(9) The right to install and operate advertising signs on the
leased premises, the general type and design of such signs to be subject to the
approval of City's Airport Manager, such approval not to be unreasonably
withheld;
(10) The right to install , maintain and operate such radio, communi-
cations, meteorological and aerial navigation equipment and facilities in, on
and about the premises herein leased as may be necessary or convenient in the
opinion of the Airline for its operations, subject to the approval of the City's
Airport Manager, such approval not to be unreasonably withheld;
(11 ) The conduct of any other business or operation reasonably
necessary to the proper conduct and operation by Airline of an air transporta-
tion system for the carriage of persons, property and mail by aircraft in
domestic or foreign commerce;
(12) The rights and privileges granted Airline under this Article I
with respect to the performance of ground services and activities in connection
with its air transportation operations at the Flying Field and Civil Terminal
may be exercised by Airline for and on behalf of any other air transportation
company or companies authorized by City to use the Flying Field or Civil
Terminal or for and on behalf of Airline by such other company or companies or
by an airport terminal corporation or an airline service corporation. Without
limitation, 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
bagga,ge, -property, cargo and mail , and all ramp, repair, maintenance, storage,
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fueling and dispatching services incidental to the operation of aircraft at
the Flying Field and Civil Terminal . Without limitation, such rights and
privileges shall be deemed to include all aircraft operated by, as well as
owned by Airline.
(B) mace in Passenger Terminal Building. The exclusive use of
1 ,353 square feet of space in the Passenger Terminal Building of Civil
Terminal Area, as shown on Exhibit C attached hereto and made a part hereof,
for such uses as Airline may desire to make thereof in connection with or
incidental to its operation of an air transportation system, such uses to
include, without limiting the generality hereof, the sale of tickets, manifest-
ing of passengers, handling of mail , baggage and cargo, and the operation of a
general traffic, operations and communications office.
(C) Baggage Reclaim Space in Passenger Terminal. Building. The use, in
common with other scheduled airlines serving Wichita Falls, of approximately
650 square feet of space designated as "Baggage Claim" area on Exhibit C
attached hereto.
(D) Space in Freight Building. The use of approximately 725 square
feet of space within said building as shown on Exhibit D attached hereto. Air-
line 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 specifications
for such fencing as Airline shall desire to erect shall be subject to the
approval of the Airport Manager, which approval shall not be unreasonably
withheld.
(E) Public Space in Passenger Terminal Building. The use by Airline,
its employees, passengers, guests , patrons and invitees, in common with others,
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, without limiting the generality hereof, its lobby, waiting
room, hallways, restrooms and other public and passenger conveniences.
(F) Parking Space. The use by Airline and its employees, passengers,
guests, patrons and invitees , in common with others , of an adequate vehicular
parking space located as near as possible to the Passenger Terminal Building.
A reasonable charge may be made for the use of such parking space.
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(G) Aviation Fuel Storage Facilities. The option at any time during
the term hereof, on thirty (30) days ' written notice to City to lease the
exclusive use of sufficient ground space for the installation of tanks and
equipment to store, load and unload Airline's requirements of gasoline or
fuel . Said ground space shall be located on said Civil Terminal , the exact
location thereof to be determined by mutual agreement of City and Airline at
the time of exercise of option, or, if Airline so elects , it may utilize
storage facilities located 9ff said Civil Terminal . City agrees to grant to
Airline such rights of way and easements as may be necessary for the installa-
tion of underground pipes from Airline' s storage facilities on Civil Terminal
to unloading facilities.
(H) Right of Access, Ingress and Egress. The full , free and unrestricted
access and ingress to and egress from the premises outlined in (A) through (G)
above, for Airline, its employees, passengers, guests , patrons, invitees,
suppliers of materials and furnishers of service, its or their aircraft, equip-
ment, vehicles , machinery and other property. (Except, however, a reasonable
charge may be made for the use of such parking space. )
ARTICLE II - TERM
Airline shall have and hold said premises, facilities, rights, licenses
and privileges set forth in Paragraphs (A) through (H) of Article I for a term
of three (3) years, beginning July 15th, 1975 and ending July 14th, 1978.
ARTICLE III
LANDING AND BAGGAGE SERVICE FEES,
AND PASSENGER TERMINAL AND FREIGHT BUILDING RENTALS.
From and after July 15th, 1975, payment, fees and charges for the use
of all of the premises, facilities, rights, licenses , services and privileges
granted hereunder, except those for which payments are otherwise specifically
provided in this Agreement, shall be combined in and represented by a landing
fee, baggage service fees, and passenger terminal and freight building rentals,
as follows:
(A) Landing Fees. For each and every scheduled revenue aircraft
arrival at the Flying Field, Airline agrees to pay City a landing fee of ten
and one half cents ($0.105) pee thousand pounds of Federal Aviation Administration
approved maximum landing weight of such aircraft. The term "revenue aircraft
arrival" as used herein shall mean any aircraft arrival for which the Airline
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has received or made a monetary fee or charge, including, without limitation,
scheduled trips and charter, sightseeing and other trips for which revenue is
received, but excluding, without limitation, ferry, test, courtesy, inspection
or other trips for which no monetary fee or charge is received and arrivals of
aircraft which are forced to land at the Flying Field because of meteorological
conditions, mechanical or operating causes or for a similar emergency or pre-
cautionary reason. The term "approved maximum landing weight" for any aircraft
as used herein shall be the maximum landing weight approved by the Federal
Aviation Administration for landing such aircraft at the Flying Field.
Anything herein to the contrary notwithstanding and whether or not a
published timetable is in effect, in the event that Lessee's operations at the
Airport are suspended during any period, because of strikes or other labor dif-
ficulties, war, insurrection, riots or order of any governmental authority
having jurisdiction, Lessee shall not be required to pay during the period in
which its operations have been suspended for any scheduled landings other than
those landings actually completed.
The Landing Fee provided for in this Article III (A) shall 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 of Contract DA-41-443-eng-5551 . In such 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, the present fee shall continue
in effect, or City may cancel and terminate this Agreement by thirty (30) days
written notice to Airline.
(B) Baggage Service Fees. Airline shall pay to City $1 .75 per revenue
aircraft landed by Airline at the Flying Field as specified above for baggage
service at the Civil Terminal . 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 Airline's baggage claim counter to the front of the
Terminal Building.
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Airline hereby agrees to indemnify and hold City harmless for any and
all claims for damage to property incident to or as a result of City's
employees assisting the Airline's passengers in carrying their baggage; provided,
however, that Airline shall not be liable for any claims occasioned by the neg-
ligence of City's employees.
(C) Passenger Terminal Building and Freight Building Rental . Airline
will pay the City a monthly rental for the spaces in the Passenger Terminal
Building and Freight Building leased pursuant to Article I (B) , (C) and (D)
and designated on Exhibits C and D as ticket counter, office, baggage room,
storage, baggage claim and freight space; and for use of the public address
system. City will supply heat, lights and electricity to all such spaces, and
will supply air conditioning, lamps and janitor service to Airline's lease space
within the Passenger Terminal Building, at no cost to Airline. The rental will
be charged according to the following schedule
Office and Ticket Counter Space $ 958.38 per month
(1 ,353 square feet at $8.50
per square foot per annum,
being $11 ,500.50 per year)
Baggage and Claim Area $ 157.30 per month
(80% of 650 square feet =
520 square feet at $3.63
per square foot per annum,
being $1 ,887.60 per year)
Freight Building Space $ 209.64 per month
(725 square feet at $3.47
per square foot per annum,
being $2,515. 75 per year)
Public Address System $ 25-00 per month
($25.00 per month, being
$300.00 per year)
Total - $1 ,350.32 per month
(D) Statements and Payments. Airline shall , within five (5) days
following the end of each month, submit to City a published schedule showing the
numbers of Airline's revenue aircraft landings during such month as outlined
above at the Flying Field, and City shall , following receipt of Airline's state-
ment, transmit to Airline an invoice for fees, rentals and charges incurred by
Airline during said month as above provided.
The foregoing payments shall be made on or before the 20th day of each
calendar month next succeeding that for which payment is being made; provided,
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that in no case will said amount be payable until fifteen (15) days after
receipt by Airline of a written invoice therefor from City. Anything herein
to the contrary notwithstanding, in the event that Airline's operation at the
Airport are suspended during the term hereof because of or related to acts of
war, civil commotion, insurrection, riot, fire, flood, accident, storm, acts
of God, breakage or failure of machinery or equipment, inability to obtain
fuel , material or equipment, or the authority to use the same, orders, rulings,
regulations or restrictions of governmental , judicial or administrative author-
ity, strikes, labor slowdowns or disputes, or any other cause (whether similar
or dissimilar) beyond the reasonable control of Airline, then during such
periods of suspension, the following shall be applicable:
(1 ) The payment of all fees and charges shall be suspended during
such period but such fees and charges shall accrue and become payable thirty
(30) days after the termination of such period of suspension.
(2) The provision set out above relating to the use of scheduled
trip arrivals to compute a Landing Fee will not be applicable, and Airline
shall be required to pay a Landing Fee computed on aircraft landing weight
based upon the actual landings completed during such period.
All unpaid monies due the City hereunder shall bear a service charge of
one and one half percent (1 1/2%) per month if same is not paid and received
by City as provided above. Airline shall pay and discharge all costs and
expenses, including attorneys fees, incurred or expended by City in collection
of said delinquent amounts due.
ARTICLE IV - OTHER CHARGES OR FEES
It is agreed that no charges, fees or tolls, other than herein expressly
provided for, shall be charged or collected from Airline by City or any other
person, firm or corporation presently or in the future having any interest in
said Civil Terminal or any part thereof (except fixed base operators, operating
under contract with City, may charge for storage, gasoline, fuel or services
ordered from them by Airline) ; provided, however, that City may levy a reason-
able charge against any taxi , limousine or other company or operator carrying
passengers to and/or from said Civil Terminal other than transportation paid
for by Airline as the result of cancelled or interrupted flights..
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ARTICLE V - 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
Flying Field and Civil Terminal , together with all the facilities, rights,
licenses and privileges herein granted.
ARTICLE VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Airline shall have the full right of purchasing at said Civil Terminal
its requirements of gasoline, fuel , lubricating oil , grease or any other
materials or supplies from any person or company of its choice, and no charges,
fees or tolls of any kind except as herein expressly set forth shall be charged
by City (or any other person, firm or corporation presently or in the future
having any interest in said Civil Terminal or any part. thereof) against Airline
or its suppliers for the privilege of using, storing, withdrawing, handling,
consuming or transporting the same to, from or on said Civil Terminal .
ARTICLE VII - MAINTENANCE AND OPERATION OF AIRPORT
City agrees that it will maintain the said Civil Terminal and appurten-
ances in such manner as to comply with all appropriate local , State and Federal
regulatory authorities having jurisdiction thereof, and so that they are suit-
able and adequate for Airline's operations.
City agrees during the term of this Agreement to maintain and operate
and to keep in good repair said Civil Terminal , including Passenger Terminal
Building and the appurtenances, facilities and services now or hereafter
connected therewith, including, without limiting the generality of the foregoing,
all appurtenances and facilities which the City has agreed hereunder to furnish
or supply, and to keep said Civil Terminal 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 attractively 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 temperature, and will keep the said public
spaces at all times , clean, neat, orderly, sanitary and presentable.
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ARTICLE VIII - 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 IX - BUILDING AND IMPROVEMENTS BY AIRLINE
The Airline may at its own cost and expense erect on or install in the
Aviation Fuel Storage Premises, or any other space which is or may be exclu-
sively leased to the Airline hereunder, any buildings, structures or facili-
ties, including but not limited to, storage tanks or equipment above or under
ground, that it shall determine to be necessary for use in connection with its
air transport operations , provided that any building or structure erected shall
conform insofar as practical to the general exterior architectural design of
the Passenger Terminal Premises then in use on said Civil Terminal , and pro-
vided further that plans and specifications for any such building, structure
or facility shall be subject to approval by City, such approval not to be
unreasonably withheld. No restrictions shall be placed on the Airline as to
the architects, builders or contractors who shall be employed by it in connec-
tion with the erection or installation of any such building, structure or
facility and the City shall provide free ingress and egress to and from the
said spaces for any, person or material or thing connected with such erection
or installation.
Any such building, structure or facility erected or installed by
Airline shall not become a part of the land on which it is erected but shall
be and remain the property of Airline, except as may be otherwise agreed in
writing between City and Airline prior to the erection or installation thereof.
Airline shall not make oh permit any additions, improvements or altera-
tions to the area leased to it in the Passenger Terminal Building and Freight
Building without prior written consent of City, such consent not to be
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unreasonably withheld. Any such additions, improvements or alterations made
with consent of 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
City and such additions or improvements shall be subject to all terms and condi-
tions of this instrument.
ARTICLE X - OPTION TO LEASE ADDITIONAL SPACE
The Airline shall have the right and option at any time and from time
to time during the term hereof to lease any additional space or parcels of land
at the Civil Terminal not necessary to the operation of the Flying Field and
Civil Terminal and at the time not leased to others, whether such space or
parcels of land are adjacent to any space leased hereunder or otherwise, for
the exclusive use of Airline, upon the terms and conditions set forth herein
and at a rental mutually agreed upon by City and Airline, which rental shall be
uniform, non-discriminatory and at the rate then currently effective for the
same or similar type of space or parcels of land on the Airport; provided that
any such additional space or parcels of land shall be at locations appropriate
for the purpose intended and fitting in with the master plan of the Flying Field
and Civil Terminal .
ARTICLE XI - RULES AND REGULATIONS
Airline covenants and agrees to observe and obey all reasonable rules
and regulations now in effect and which may from time to time during the term
hereof be promulgated and enforced by City for the conduct and operation of
the Flying Field and Civil Terminal ; provided that such rules and regulations
shall be consistent with the safety and with rules, regulations and orders of
the Federal Aviation Administration with respect to aircraft operations at the
Flying Field and Civil Terminal ; and provided further that such rules and
regulations shall not be inconsistent with the provisions of this Agreement or
the procedures prescribed or approved from time to time by the Federal Aviation
Administration with respect to the operation of Airline's aircraft at the Flying
Field and Civil Terminal . A copy of the rules and regulations now in effect is
attached hereto and made a part hereof.
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ARTICLE XII - DAMAGE OR DESTRUCTION OF BUILDING
If any building in which Airline occupies exclusive space hereunder
shall be partially damaged by fire or other casualty but not rendered unten-
antable, the same shall be repaired with due diligence by the City at its own
cost and expense. If the damage shall be so extensive as to render the prem-
ises untenantable but capable of being repaired in thirty (30) days, the same
shall be repaired with due diligence by the City at its own cost and expense,
and 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. In case said building is completely destroyed by fire or other casualty
or so damaged that it will remain untenantable for more than thirty (30) days,
or in case it does so remain untenantable for more than thirty (30) days, then
either (1 ) the City may repair or reconstruct said building with due diligence
and the rent payable hereunder with respect to Airline's exclusive space and the
services therewith in said building shall be proportionately 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) if City has not begun and prosecuted
such repair or reconstruction with due diligence within sixty (60) days after
the time of such damage or destruction, Airline may give City 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 the said building shall forthwith cease and terminate.
ARTICLE XIII - CANCELLATION BY CITY
In the event that Airline shall file a voluntary petition in bankruptcy
or that proceedings, in bankruptcy shall be instituted against it and Airline
is thereafter adjudicated bankrupt pursuant to such proceedings, or that the
Court shall take jurisdiction of Airline and its assets pursuant to proceedings
brought under the provisions of any Federal reorganization 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, City may declare this
lease terminated, and the term 'hereby demised shall thereupon cease.
In the event Airline shall fail to perform, keep and observe any of the
terms, covenants or conditions herein contained on the part of Airline to be
- 13 -
performed, kept or observed, City may give Airline notice in writing to
correct such condition or cure such default, and, if such condition or default
shall continue for thirty (30) days after the receipt of such notice by the
Airline, City may declare this lease terminated, and the term hereby demised
shall thereupon cease.
The acceptance of rental by City for any period or periods after 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
be 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 authorized
agency thereof of the operation, control or use of said Flying Field, Civil
Terminal and facilities or any substantial part or parts thereof in such manner
as to prevent the City, for a period of at least ninety (90) days, from per-
formance 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 Flying Field or Civil Terminal
or any part thereof for Airport purposes, and the remaining in force of such
injunction for a period of at least fifteen (15) days, shall authorize City to
suspend such lease on written notice to Airline, for the period of such injunc-
tion, provided that all fees and charges due hereunder shall abate for such
period.
ARTICLE XIV - 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 insgfar
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.
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(A) The failure or refusal of the Federal Aviation Administration to
continue to grant Airline the right to operate into and from said Flying Field
and Civil Terminal ;
(B) The termination of Airline's obligation or right (imposed by
contract or otherwise) to the Federal Government for the carriage of United
States air mail to, from or through the Wichita Falls metropolitan area or
its environs;
(C) The failure or refusal to designate, or the withdrawal of such
designation, by the U. S. Postal Service or any other competent governmental
authority, of the said Flying Field and Civil Terminal as the terminal point
for the Wichita Falls metropolitan area and its environs, for the receiving and
dispatching of United States air mail ;
(D) Any action of the Federal Aviation Administration or the Civil
Aeronautics Board refusing to permit Airline to operate into, from or through
said Flying Field and Civil Terminal such aircraft as Airline may reasonably
desire to operate thereon;
(E) 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;
(F) The inability of Airline to use the Flying Field or any of the
permises, facilities , rights, licenses, services or privileges leased to
Airline hereunder for a period in excess of thirty (30) days because of any
law or any other, rule or regulation of any appropriate governmental authority
having jurisdiction over the operations of Airline, or because of war, earth-
quake or other casualty;
(G) The assumption by the United States Government or any authorized
agency thereof of the use, maintenance or operation of said Flying Field,
Civil Terminal 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;
(H) The erection of any obstacle on or in the vicinity of said Flying
Field which would occasion a cancellation of Airline's air carrier operating
certificate or similar authorization establishing minimum safety standards
for the operations of Airline.
- 15
(I) If by reason of any action or non-action of the Civil Aeronautics
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 Flying Field and Civil Terminal , whether
or not such action is initiated by Airline (including action in the nature
of alteration, amendment, modification, suspension, cancellation or revocation
of any such certificate or document in whole or part) , the Airline shall cease
to have authority to operate aircraft in or out of the Flying Field and Civil
Terminal pursuant to such certificate or document.
(J) Issuance by any Court of competent jurisdiction of an injunction
in any way preventing or restraining the use of said Flying Field or Civil
Terminal or part thereof for airport purposes, and the remaining in force of
such injunction for a period of at least fifteen (15) days, shall authorize
Airline to suspend such lease on written notice to City, for period of such
injunction, provided that all fees and charges due hereunder shall abate for
such period.
M If, by reason of any shortage, allocation, or unavailability of
jet fuel , it becomes necessary for Airline to suspend or cancel service, to,
through, or from City, and such suspension or cancellation continues for a
period of at least fifteen (15) days, then during such time of suspension or
cancellation all obligations hereunder shall be abated until such time as
scheduled service resumes.
No waiver of default by Airline of any of the terms, covenants or con-
ditions hereof to be performed, kept and observed by City shall be construed
to be or act as a waiver by Airline of any subsequent default of any of the
terms, covenants and conditions herein contained to be performed, kept and
observed by City.
ARTICLE XV - INDEMNITY AND INSURANCE
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 Flying Field and Civil Terminal ; provided
however, that Airline shall not be liable for any injury, damage or loss
occasioned by the negligence of City, its agents or employees; and provided
further that City shall give to Airline prompt and timely notice of any claim
- 16 -
made or suit instituted which in any way, directly or indirectly, contin-
gently or otherwise, affects or might affect Airline, and Airline shall have
the right to compromise and defend the same to the extent of its own interest.
Airline shall at all times during the term of this Agreement maintain
in force at its sole cost and expense a policy or policies of insurance which
will insure the City, its officers and employees, against liability for
injury to or death of any person, or damage to or loss or destruction of any
property arising out of Air'line's use or occupancy of the Flying Field and
Civil Terminal , except liability arising out of the negligence or willful
misconduct of City, its officers or employees. Such insurance shall be
issued by a responsible insurance company and shall have the following minimum
coverage:
a. $1 ,000,000 per occurrence bodily injury liability.
b. $1 ,000,000 per occurrence property damage liability.
Said insurance coverage shall remain in full force and effect during the term
of this lease and shall name City and its officers and employees as additional
insureds and shall be primary insurance to the full limits of liability
required hereunder. If City, its officers and employees have insurance cover-
age which also applies to any loss covered by the insurance maintained by
Airline, any other insurance shall be excess insurance only, since policy or
policies shall be endorsed to recognize and insure the obligation assumed by
Airline hereunder.
Airline shall furnish to City a Certificate of Insurance evidencing
that the coverage required hereunder is in full force and effect. Said policy
of insurance shall contain an endorsement requiring that City be given at
least twenty (20) days prior written notice before said policy may be can-
celled, terminated or materially changed.
Airline shall also at its sole cost and expense maintain during the
term of this lease all insurance coverage required under the Workmen's Compen-
sation laws of the State of Texas for the benefit of its employees.
ARTICLE XVI - COVENANT NOT TO GRANT MORE FAVORABLE TERMS
City covenants and agrees that it will not charge a more favorable
rental , fee or charge, or grant more favorable terms to any other air transport
- 17 -
operator with respect to the use of said Flying Field or Civil Terminal than
this lease, or grant to any other air transport operator rights, privileges
or concessions with respect to the said Flying Field or Civil Terminal which
are not accorded to the Airline hereunder, unless the same more favorable
terms, rights, privileges and concessions are concurrently and automatically
made available to the Airline.
ARTICLE XVII - QUIET ENJOYMENT
City agrees that, on payment of the rent and performance of the coven-
ants and agreements on the part of the Airline to be performed hereunder,
Airline shall peaceably have and enjoy the leased premises and all the rights
and privileges of said Flying Field and Civil Terminal , its appurtenances and
facilities, as herein provided.
ARTICLE XVIII - 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, and Airline shall have the right at any
time during said term, or any renewal or extension thereof, and for one year
after the expiration or termination thereof, to remove any buildings, struc-
tures or facilities it may erect on or install in the Aviation Fuel Storage
Premises or other space exclusively leased hereunder and to remove all fix-
tures and equipment and other property installed or placed by it at its expense
in, on or about the premises herein leased and said Flying Field and Civil
Terminal , such fixtures and equipment and other property to include, without
limitation, storage tanks , pipes, pumps, wires, poles, machinery and air
conditioning equipment; subject, however, to any valid lien which City may
have thereon for unpaid rents or fees.
ARTICLE XIX - DEFINITION OF TERMS
Whenever the terms "Federal Aviation Administration" and "Civil Aero-
nautics Board" are used in this Agreement, they shall be construed as referring
to the Federal Aviation Administration and the Civil Aeronautics Board created
by the Federal Government under the Federal Aviation Act of 1958, or to such
- 18 -
other agency or agencies of the Federal Government as may from time to time
be the successor thereto or be vested with the same or similar jurisdiction
over the Airline or its business.
ARTICLE XX - ASSIGNMENT OF LEASE
Airline shall not assign nor transfer this Agreement nor any privileges
hereunder and shall not assign nor sublet or mortgage all or any part of the
premises leased hereby, whether voluntarily or involuntarily, without the
prior written consent of the City, which consent shall not be unreasonably
withheld.
ARTICLE XXI - NONDISCRIMINATION
Airline agrees it will not, on the grounds of race, color, national
origin, sex or creed, discriminate or permit discrimination against any person
or group of persons in the manner prohibited by Part 15 of the Federal Aviation
Regulations. City reserves the right to take such action as the United States
may direct to enforce the provisions of this covenant.
ARTICLE XXII - SPONSORS' ASSURANCES
This lease Agreement shall be subject to the terms of any sponsors'
assurances and agreements required between City and the Federal Aviation Adminis-
tration or any successor federal agency.
ARTICLE XXIII - NON-EXCLUSIVE RIGHTS
It is understood and agreed that nothing herein contained shall be con
strued to grant or authorize the granting to Airline of an exclusive right,
other than the exclusive right to use that space in the Passenger Terminal
Building and the Freight Building described in Article I (B) and (D).
ARTICLE XXIV - CITY AGENT
City hereby designates its Airport Manager, as well as its City Manager,
and such official as he may designate, as its official representative, with
the full power to represent City in all dealings with Airline in connection
with the premises herein leased.
- 19 -
ARTICLE XXV - NOTICES
Notices to City provided for herein shall be sufficient if sent by
registered or certified mail , postage prepaid, addressed to Airport Manager,
Wichita Falls Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas,
76301 , and notices to Airline, if sent by registered or certified mail , postage
prepaid, addressed to Vice President, Properties and Facilities, Texas Inter-
national Airlines, Inc. , P,O. Box 60188, Houston, Texas, 77060; or to such
other respective addresses as the parties may designate in writing from time
to time.
ARTICLE XXVI - DEVELOPMENT OF WICHITA FALLS MUNICIPAL AIRPORT
City reserves the right to further develop or improve the Civil Terminal
as it sees fit. If the physical development of the Civil Terminal requires
the relocation of Airline, City agrees to provide a comparable location and
agrees to relocate all buildings or provide similar facilities for Airline
at no cost to Airline.
ARTICLE XXVII - HEADINGS
The article and paragraph headings are inserted only as a matter of con-
venience and for reference and in no way define, limit or describe the scope
or intent of any provisions of this lease.
ARTICLE XXVIII - 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 jurisdiction, 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.
- 20 -
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first above written.
CITY OF WICHITA FALLS
BY:
Gerald G. Fox, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
TEXAS INTERNATIONAL AIRLINES, INC.
BY:
Senior Vice President
ATTEST:
Asst. Secretary
- 21 -
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first above written.
CITY OF WICHITA FALLS
BY:
Geralld,G. Fox, City-Manager
ATTEST:
-City Clerk
Approved as to form:
City orney
TEXAS INTERNATIONAL AIRLINES, INC.
BY: e
£RRifm Vice President
Properties & Fuel Management
ATTEST:
r
Asst. Sec kary
- 21 -
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