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Min 08/05/1975 1210 i Wichita Falls , Texas Memorial Auditorium Building August 5, 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 J. C. Boyd, Jr. Aldermen Mrs. Peggy McCullough X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas Deputy City Clerk Bill E. Gowan Absent Joe N. Prothro Absent Moved by Alderwoman McCullough that minutes of the meeting held July 8, 1975 , be approved. Motion seconded by Alderman Garcia, and carried unanimously. Moved by Alderman Boyd that minutes of the called meeting held July 22, 1975, be approved. Motion seconded by Alderman McAlister, and carried unanimously. ✓ Item 3 The public hearing was opened on demolition of hazardous structures. Clay Lindley appeared regarding his property at 126 Cottonwood Road. He protested that to destroy these buildings would depreciate the value of his property. Ernest Lillard pointed out that if the building is structurally unsound it can be declared a nuisance. Mr. Lindley stated that one reason his building is vacant is because of the dirt road which is impassable in wet weather, and he has no city facilities except electricity. He stated that it is impossible to keep it up in those conditions. The City Manager pointed out that a paving assessment program has been available for 12 years for property owners. Sanitary sewer service is not in the engineering phase for extension of lines to most of that area. Im- provements are available if he so desires. Our responsibility under the minimum housing code is to see that all structures are habitable. Taxes do not go toward water and sewer services. The tax supported services have been available to him in like manner as other areas of the City. Mr. Lindley stated that his property has been vacant for seven years, and that he cannot afford to put money into it. Alderwoman McCullough inquired if he had any specific plans for the house, and he replied that he did not. Mr. Lindley stated that nobody has done anything for him, but they want to tear down his property, which is a financial loss for him. Preston McBee showed slides of the two structures involved. Mr. Lillard pointed out that Mr. Lindley had a choice to repair them. Mr. Lindley stated that his choice is to let them set there. Mayor Kruger pointed out that his choice is against the ordinance, which is applied to all structures over the city. The Mayor requested that he and Mr. Lillard get together and determine what is needed to abate the nui- sance within the next 30 days. Alderman McAlister inquired of Mr. Lindley if he would live in that structure. Mr. Lindley stated that he would not, and no one else would now. Jack Jones, 1110 3rd Street, stated that he is not had the time and money to repair his property, but that he intends to do so. The Mayor suggested that he talk with Mr. Lillard and work out something acceptable. No one else desired to be heard. 1211 Item 3, cont'd. ✓ ORDINANCE NO. 2994 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 Garcia that Ordinance No. 2994 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item llc Mayor Kruger suggested that any discussion on the Lone Star Gas rate increase request be deferred until all members of the Board are present. The next meeting will be held on September 2. Mr. Buck St. John agreed to the delay, but reminded them that the 60-day filing period began on July 31. Item 3b The public hearing was opened on the 1975 Street Reconstruction Program. t, r PJ George Griffin appeared for Sunn side Baptist Church o P y p property at 1131 Rowland Road. He questioned the number of square feet for which they have been assessed. Mr. Lillard gave an explanation, and it was suggested that he talk further with him and look at the plans involved for his property. Mr. Griffin stated that they have one-half block of property abutting Windthorst Road. The 52 feet of sidewalk would be on the back of their property, and would not benefit them. There are no other sidewalks in that area. Ernest Lillard pointed out that sidewalks would be constructed on Rowland Road from Perigo Street to Old Windthorst Road. The City Manager noted that the public benefits from making sidewalk available. ORDINANCE NO. 2995 a ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING VARIOUS STREETS DESIGNATED AS THE 1975 RECONSTRUCTION PAVING PROGRAM IN THE CITY OF WICHITA FALLS , TEXAS FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVID- ING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESS- MENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO EN- GROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MIN- UTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS , TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2995 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. t Item 4a t s� A proposed ordinance was presented making appropriations for audit fees and workmen's compensation. }V Alderman McAlister inquired about the workmen's compensation. The City Manager explained that we were required to cover our employees in 1974. Three pl a n s w e r e considered. The Council chose the self-insurance route. 1212 Item 4a, cont'd. i ORDINANCE NO. 2996 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderwoman McCullough that Ordinance No. 2996 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item 5a A proposed ordinance was presented determining the necessity for the 1975 f Community Development Assessment Paving Program. ORDINANCE NO. 2997 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ORDERING AND PROVIDING FOR THE IMPROVEMENT OF PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, DESIGNATED AS THE 1975 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM, APPROVING THE PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER, AND DIRECTING THE ADVERTISING FOR BIDS, AND PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO. Moved by Alderman Boyd that Ordinance No. 2997 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item 5b & c Proposed ordinances were presented providing for vehicle and freight curb loading zones. Ed Ilschner, Director of Traffic and Transportation noted a great deal of loading zone parking violations which created a problem with commercial deliveries in the downtown area. It was the consensus of the freight delivering companies and himself that we need some special type of loading zone for commercial freight loading only. Passenger type loading zones can still be utilized, also. Alderman McAlister recommended some changes in the wording of the passenger zone ordinance, using the word "vehicle" instead of '�assenger car". This change was approved. ORDINANCE NO. 2998 AN ORDINANCE ADDING SECTION 29-133.1 TO THE CODE OF ORDINANCES OF WICHITA FALLS, TEXAS; PROVIDING FOR LOADING ZONES FOR VEHICLES FOR THE PICK UP OR DELIVERY OF FREIGHT OR MERCHANDISE; PROVIDING A MAXIMUM TIME LIMIT OF THIRTY (30) MINUTES FOR PARKING IN SUCH VEHICLE LOADING ZONES; AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 2998 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: 0, ORDINANCE NO. 2999 AN ORDINANCE AMENDING SECTION 29-133 OF THE CODE OF ORDINANCES OF WICHITA FALLS, TEXAS ; PROHIBITING THE STOPPING, STANDING, OR PARKING OF VEHICLES IN AREAS DESIGNATED AS FREIGHT CURB LOADING ZONES UNLESS SAID VEHICLES ARE COMMERCIAL TRUCKS INVOLVED IN THE UNLOADING, LOADING, OR DELIVERY OF BULK MERCHANDISE; LIMITING THE PERIOD FOR PARKING IN A FREIGHT CURB LOADING ZONE TO A MAXIMUM OF THIRTY (30) MINUTES; AND DECLARING AN EMERGENCY. Moved by Alderman McAlister that Ordinance No. 2999 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote : 1213 Item 5b & c, cont'd_ Ayes: Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item 5d A proposed animal control ordinance was presented. Alderwoman McCullough com- /; i) mended the committee who worked so diligently to bring this matter to the Council. C ) The purpose of the ordinance is two fold. The immediate purpose is for complaints of straying animals on the streets. She hopes the citizens may become more aware of this ordinance 'by the publicity involved. The long range goal is the educational process. She also commended city officials Mark Wilson and Paul Yeager for their work in bringing this proposal to the Council. ORDINANCE NO. 3000 i AN ORDINANCE REGULATING THE KEEPING OF ANIMALS AND FOWL; PROHIBITING RUNNING AT LARGE; REQUIRING LICENSING OF DOGS ; PROVIDING RABIES CONTROL; REQUIRING HU- MANE TREATMENT ; PROVIDING FOR IMPOUNDMENT AND REDEMPTION; PROHIBITING LOUD BARKING DOGS ; PROVIDING A PENALTY. Moved by Alderwoman McCullough that Ordinance No. 3000 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Mayor Kruger, Aldermen McAlister, Garcia, and McCullough Nays : None. (Alderman Boyd was out of the room.) Item 5e City Attorney H. P. Hodge, Jr. presented the request of Mr. Keith Nelson, who represents Skaggs-Albertson, for an amendment to the liquor zoning ordinance. Mr. Hodge explained the provisions of the ordinance as it now stands. Skaggs-Albertson is building a large store on property abutting Southwest Parkway and Kemp. In order to meet the requirements of off-street parking required by another ordinance, it pushed their building back a little more than 200 feet. The section amended in this proposed ordinance has to do only with off-premise consumption. It was noted that the wall is located approximately 250-260 feet away from the street right-of-way. ORDINANCE NO. 3001 ORDINANCE AMENDING SECTION 4-18 OF THE CODE OF ORDINANCES TO ALLOW, IN CERTAIN CIRCUMSTANCES , A BUILDING IN WHICH ALCOHOLIC BEVERAGES ARE SOLD, TO BE LOCATED MORE THAN TWO HUNDRED (200) FEET FROM THE STREET RIGHT-OF-WAY. Moved by Alderman Garcia that Ordinance No. 3001 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes: Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item 5f A request was made by the Coca Cola Bottling Company to construct a building Jover a closed alley. The City Manager explained that the property owner requesting ~ the variance would be required to pay for any relocation of utilities. He further + noted that there :is another property owner involved, and he is protesting the i closing of the alley, and requesting that the ordinance be repealed. David Tate, Attorney, appeared as the representative of Coca Cola Bottling Company. He stated that Coca Cola owns all the property involved except the North 100 feet owned by Dan Rivkin. Coca Cola desires to construct a building over this alley, but they must secure council approval for relocation of utilities be- fore this can be done. The only possible problem is that Mr. Rivkin is raising some type of objection to the construction of a building across the alley. The Coca Cola Bottling Company feels they would need to be compensated as owner of the closed alley if the previous ordinance were revoked. 1214 Item 5f, cont'd. Walter Friberg appeared representing Dan Rivkin. Tom White owned this property on February 17, 1967. Mr. White and Coca Cola agreed to the installation of a cyclone fence and gates which could be closed at night. It was agreed that keys would be given to the utility companies so that they could get in at night if necessary. There has been no conflict between the parties concerning the gates. He stated that the alley was closed at that time under mistaken facts. It was never agreed by Mr. White or Mr. Rivkin that the alley would be permanently closed. He re- quested that the original ordinance be revoked, and let it go through channels or through the Planning Board for a hearing, and back to the Council. The property owners did not agree to the closing of the alley, but Mr. White agreed to work with Coca Cola in protecting their property. The City Manager stated that the matter had been before the Planning Board, and it was learned that the alley had already been closed, and that now we are fac- ing a request to construct a building over an easement. City Attorney H. P. Hodge, Jr. stated that once an alley is legally closed by the City and the abutting property owners have full legal title, then he does not feel the Council can repeal that ordinance. It would appear to him that the City cannot re-acquire that alley. Mr. Friberg stated that this ordinance has never been acted upon. No utility was ever moved. Nothing was .done except fencing being put up by Coca Cola. It has never been abandoned in fact. Neither party intended at that time to close the alley. The City Manager stated that the City would not have agreed to an agree- ment between two citizens pertaining to fencing, but the only way it would have been accomplished by the City legally was by closing the alley. This would allow the informal agreement between the two property owners. Earl Denny, Manager of Coca Cola Company, stated that they have trash containers located in the alley about 100 feet from 15th Street. Trash trucks come in to pick up trash, and back out from 15th Street. There is no traffic going through that alley between 15th and 16th Streets . Delivery of merchandise is from Travis Street. Tom White stated that he was through the alley last week. He could not get up and down the alley because of boxes, etc. He stated that he agreed with Coca Cola to install the gates to help them out. He did not know the ordinance existed until about a week ago. At no time was abandonment mentioned. Dan Rivkin stated that he agreed to the fencing of the alley. At no time did he or Mr. White think of abandoning the alley, but to help Coca Cola fence the alley to prevent pilferage. He feels this ordinance was born in error, and should be corrected. Alderwoman McCullough inquired if it were the custom in 1967 to let property owners know about alley closings. Mr. Hodge noted that he had heard of instances where the property owners did not know. Mr. Rivkin stated that he would not have through access if a building were constructed. Mr. Tate stated that he believes the other property owner is asking the Council to litigate a private agreement between two private citizens. He feels we are getting it out of context. It was noted that Mr. Rivkin is only asking for a fair hearing before the Planning Board, which he has not had. It is a question of whether you condemn Coca Cola's property or Mr. Rivkin's. City Attorney H. P. Hodge, Jr. stated that he believed we would be in a bigger state of confusion than we are now if the Council closed the alley. If the ordinance is in fact valid then we would have a problem. Mr. Friberg stated that access has been taken away from the rear of this building. Moved by Alderman Boyd that action on this matter be deferred until the next Board meeting, and that Mr. Hodge research this matter carefully, and be prepared to give them a report as to what action we can take- in respect to the old ordinance. Motion seconded by Alderman Garcia, and carried unanimously. Alderman Boyd noted that the pass through feature in the electric utility rate and the cost of gas is esclating rapidly. He asked the City Attorney to review this matter to see if there was anything we can do about it. H. P. Hodge, Jr. stated that he looked back through the city records as far as 1937 in the schedule of rates approved for Texas Electric Service Company. Back as far as 1973 the rate ordinance contained a fuel adjustment clause in some of the rates, but the residential rates did not. The rate schedule approved in 1946 did not include the residential adjustment for residential users, and has been there since that time. The cost of 1215 the fuel adjustment fluctuates. From January 1974 to May 1975 the fuel cost adjust- ment has increased for electric consumers from 1.03% up to 4.27%. It went up to 7.18% in June of this year. In July it dropped back down some. The average bill in all states , with three exceptions, is higher than the average consumer on Texas Electric service. The average rate in Texas Electric is $15.00. One of the principal fuels for the generation of electricity is natural gas. The demand for gas exceeds the supply. Texas Electric used 1.47, of the natural gas produced in Texas in 1973. They paid 34.12 cents per million BTU for their fuel in July 1975. Fuel oil is $2.00 per million BTU, and natural gas is $1.85 per million BTU Texas Electric is building lignite plants. The cost of building these plants is more, but lignite fuel is cheaper. Texas Electric states that they are not making any .money on this fuel adjustment. Our consumers are not being subjected to some of the problems that some consumers in central Texas are. Eddie Watson appeared as Manager of Texas Electric Service Company. He stated that some utility companies did not have the kind of fuel reserves which they did, and their rates were increased because of the Arab Oil embargo. He feels that Texas Electric is not that dependent on one type of fuel. In 1960 they purchased gas in south Texas. That one purchase saved our consumers in 1974 a large amount. Nuclear powered gas will cost less then today's market price of natural gas. Alderman Boyd stated that in addition to the information brought to us to- day, Mr. Watson has presented him with other information which he has not had time to read. He stated that he feels we are lucky here in the rates we pay, and that we are most fortunate to be served by Texas Electric. Mr. Watson stated that salaries and costs; of everything they do is going up. They are reducing personnel and holding the rate of increase down at the least possible level. They shuffle some of the duties around when they lose an employee. % t +' Item 6a A proposed resolution was presented authorizing purchase of entire lot for Kell Freeway right-of-way. RESOLUTION NO. 1689 WHEREAS, it is necessary to acquire the property hereinafter described for construction of the Kell Freeway, Project 52-380 under the 1967 Capital Improvements Program, and, WHEO:EAS, in Resolution No. 1108, passed and approved by the Board of Aldermen of the City of Wichita Falls on September 1, 1970, the appraised value of $600.00 was approved for the partial taking of 2,262.5 square feet of Lot 5, Block H, Grainger and Ballow's Addition, and, WHEREAS, the appraised value for the whole taking of Lot 5 , Block H, Grainger and Ballow's Addition is $1,500.000, and, WHEREAS, the owner of Lot 5, Block H, Grainger and Ballow's Addition desires to sell the entire parcel to the City of Wichita Falls for $850.00. 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 purchase, in the name of the City of Wichita Falls, by Warranty Deed, all of Lot 5, Block H, Grainger and Ballow's Addition. The City Manager is authorized to transfer title to the Texas State Highway Department, by Warranty Deed, that portion of Lot 5, Block H, Grainger and Ballow's Addition required for right of way for the Kell Freeway Project. The City Manager is further authorized to sell, through competitive bidding, the remainder of Lot `i, Block H, Grainer and Ballow's Addition. Moved by Alderman Boyd that Resolution No. 1689 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Mayor Kruger, Aldermen McAlister, Garcia, and Boyd Nays : None (Alderwoman McCullough was out of the room) . 1216 /. . Item 6b A proposed resolution was resented approving pproving appraisals on Kell Freeway. RESOLUTION NO. 1690 v- 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 3321 sq. ft. of Lot 10, Blk 9, John W. Thomas S/D 5354 sq. ft. of Lot, Blk 8, J. W. Thomas S/D 551 sq. ft. of Lot 8, Blk 8, John W. Thomas S/D 548.5 sq. ft. of Lot 5, Blk 9, John W. Thomas S/d 1408.5 sq. ft. of Lot 9, Blk 4, John W. Thomas S/D Lot 1, Blk 2, John W. Thomas 7,500 sq. ft. Lots 10, 11, 12, Blk 7, West Side Addn. to Highland Addn. 7,500 sq. ft. Lot 10, 11, 12, Blk 7, West Side Addn, to Highland Addn. 7769 sq. ft. of Lot 8, Blk. 4, John W. Thomas S/D 165 sq. ft. of Lot 7, Blk 4, John W. Thomas S/D 3346.5 sq. ft. of Lot 11, Blk 3., John W. Thomas S/D Combined total of values approved in this resolution ---------------$57,787.00 SECTION NO. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State Highway Department or the City of Wichita Falls, by Warranty Deed such tracts of land as shown on the project right of way map.. The authorized 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 Manger 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 Alderman McAlister that Resolution No. 1690 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Mayor Kruger, Aldermen McAlister, Garcia, and Boyd Nays : None (Alderwoman McCullough was out of the room) . Item 6c - - - - - - - - - A proposed resolution was presented increasing cemetery charges. The City 1 Manager stated that these fees will still not offset the actual costs. Alderman McAlister inquired why we are under the cost for a private cemetery? The City Manager stated that they do not feel that our remaining lots are as valuable as those in Crestview. It was agreed that the Saturday overtime and adult and infant disinterment charges would be increased to the same amount as Crestview. RESOLUTION NO. 1691 RESOLUTION ESTABLISHING FEES AND CHARGES IN MUNICIPAL CEMETERIES. 1217 Item 6c, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: SECTION 1. The following prices for cemetery lots and spaces, and the follow- ing fees and charges are hereby established for municipal cemeteries : RIVERSIDE AND ROSEMONT CEMETERIES Two Space Lot $500.00 Adult Single Space 125.00 Infant Single Space 50.00 Opening and Closing Adult Grave 150.00 Opening and Closing Infant Grave 75.00 Overtime Charge, Saturday 85.00 Overtime Charge, Weekdays after 3:30 p.m. 50.00 Adult Disinterment 175.00 Infant Disinterment 75.00 LAKEVIEW CEMETERY Two Space Lot: $250.00 Adult Single Space 75 .00 Infant Single Space 25.00 Opening and Closing Adult Grave 150.00 Opening and Closing Infant Grave 75.00 Overtime Charge, Saturday 85.00 Overtime Charge, Weekdays after 3:30 p.m. 50.00 Adult Disinterment 175.00 Infant Disinterment 75.00 SECTION 2. This resolution shall become effective October 1, 1975, and Resolution No. 1570 is repealed as of that date. Moved by Alderman Boyd that Resolution No. 1691 be passed, with those three changes. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item 6d t. ` ! A proposed zesolution was presented authorizing the City Manager to execute a contract for dead animal pickup. RESOLUTION NO. 1692 RESOLUTION APPROVING CONTRACTS WITH FRED MOUNT, WICHITA COUNTY, BURKBURNETT AND IOWA PARK CONCERNING THE PICKUP OF LARGE DEAD ANIMALS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Those four contracts, copies of which are attached hereto, with Fred Mount, Wichita County, Burkburnett and Iowa Park concerning the pickup of large dead animals is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1692 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. ' Item 6e — f Proposed resolutions were presented authorizing the City Manager to execute ',' rental car leases at Municipal Airport. 1218 Item 6e, cont'd. RESOLUTION NO. 1693 RESOLUTION APPROVING LEASES AT WICHITA FALLS MUNICIPAL AIRPORT WITH HERTZ, AVIS AND NATIONAL RENTAL CAR AGENCIES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Leases at Wichita Falls Municipal Airport, on the lease agreement form attached hereto, with Robert M. Moore (Hertz licensee) , W. B. Owen (Avis licensee) and C. 0. Morgan (National licensee) , providing for space for the operation of rental car agencies, are hereby approved, and the City Manager is authorized to execute such leases for the City of Wichita Fails. Moved by Alderman Boyd that Resolution No. 1693 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays: None. RESOLUTION NO. 1694 RESOLUTION APPROVING LEASE AT WICHITA FALLS MUNICIPAL AIRPORT WITH BUDGET RENT-A-CAR OF WICHITA FALLS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: A lease at Wichita Falls Municipal Airport, on the lease agreement form attached hereto, with Joe M. Mayo and Joe M. Mayo, Jr. , copartners dba Budget Rant-A-Car of Wichita Falls, providing for space for the operation of a rental car agency, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Boyd that Resolution No. 1694 be passed. Motion seconded by Alderwoman McCullough, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item 6f A proposed resolution was presented authorizing the City Manager to execute f an agreement with Goodyear Tire and Rubber Company for lease of bus tires. Ed Ilschner reported on the terms of this agreement. RESOLUTION NO. 1695 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain supplemental agreement, a copy of which is attached hereto, for the leasing of bus tires to the City, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderwoman McCullough that Resolution No. 1695 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays: None. r Item 6g - - - - - - - - zy A proposed resolution was presented authorizing the City Manager to execute an agreement between the City of Wichita Falls and the State of Texas for expendi- ture of Planning 112 funds established under the Federal Highway Act. 1219 Item 6g, cont'd. RESOLUTION NO. 1696 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH THE STATE OF TEXAS PROVIDING FOR THE EXPENDITURE OF FEDERAL HIGHWAY FUNDS UNDER SECTION 112 OF THE FEDERAL AID HIGHWAY ACT OF 1973. WHEREAS, Section 112 of the Federal Aid Highway Act of 1973 provides for Federal highway funds to be made available to Metropolitan Planning Organizations (MPOs) as designated by the Governor to support the Urban Transportation Planning process established pursuant to Section 134 of Chapter 1 of Title 23, United States Code; and, WHEREAS, the City of Wichita Falls has been redesignated by the Governor as the Metropolitan Planning Organization (MPO) for the Wichita Falls area; and, WHEREAS, the City of Wichita Falls has accepted the redesignation; and, WHEREAS, a contract has been submitted by the State of Texas acting by and through its engineer-director of State highways and public transporation, a copy of which is attached to this resolution, setting out the rights and responsibilities of the City of Wichita Falls, acting as Metropolitan Planning Organization (MPO) with respect to expenditure of Section 112 Federal Highway Funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS : The contract with the State of Texas attached hereto is hereby approved and the City Manager is hereby authorized to execute the contract with the State for the premises and purposed set out therein. Moved by Alderman Garcia that Resolution No. 1696 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes : Mayor Kruger, Aldermen McAlister, Garcia, and McCullough Nays : None (Alderman Boyd was out of the room) . f Item 7a Bids were considered on an estimated annual supply of 350 tons of liquid chlorine for public utilities. It was recommended that the low bid be awarded to SEC Corporation, Fort Worth, for a total amount of $79,975.00, or $228.50 per ton. Moved by Alderman McAlister that the bid be awarded as recommended. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 7b Bids were considered on concrete drainage pipe. /t Moved by Alderman Boyd that the low bids be awarded to HCC Inc. , Wichita Falls, for the 18 inch pipe ($259.92) and the 24 inch pipe ($403.92) , and that the low alternate bid for the 30 inch pipe be awarded to Gifford Hill Company, Dallas, in the amount of $8,352.00. Motion seconded by Alderwoman McCullough, and carried unanimously. Item 8a ' A proposed resolution was presented accepting fencing at Rosemont Cemetery and authorizing payment for same. ✓ RESOLUTION NO. 1697 RESOLUTION ACCEPTING WROUGHT IRON FENCE AT ROSEMONT CEMETERY. WHEREAS, the City of Wichita Falls entered into a contract with Lake Road Welding Co. , Inc. on June 27, 1975, whereby said contractor agreed to construct a wrought iron fence at Rosemont Cemetery for the sum of $11,349.20; and, 1220 i Item 8a, cont'd. WHEREAS, said fence has been completed in accordance with the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of such wrought iron fence is accepted by the City of Wichita Falls, and the City Manager is directed to pay to said contractor the sum of $11,349.20 due on such contract. Moved by Alderman Boyd that Resolution No. 1697 be passed. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. Item 9 Permission was requested to q advertise for bids for depository of the City s funds for a two-year period beginning October 1, 1975. Moved by Alderwoman McCullough that authority be granted to advertise for bids as requested. Motion seconded by Alderman Boyd, and carried unanimously. } Item 10 Moved by Alderman Boyd that minutes of the meetings of the following boards and commissions be received. 9, ZI r a. Aviation Advisory Board - July 16, 1975 b. Traffic Commission - July 23, 1975 C. Planning Board - July 9, 1975 Motion seconded by Alderman Garcia, and carried unanimously. Item Ila Moved by Alderwoman McCullough that a public hearing be held on September 2, 4 1975 on demolition of hazardous structures. Motion seconded by Alderman McAlister, and carried unanimously. '�` ✓ f Item l lb �'. Moved by Alderman McAlister that Howard Watson be appointed to the Board of Adjustments and Appeals for a term to expire May 23, 1976 (replacing Jerry Ray) , and Major Charles L. Oxley be appointed to the Traffic Commission for a term to expire December 31, 1977 (replacing Lt. Col. R. P. Lan enbach .g ) Motion seconded by Alderman Boyd, .and carried unanimously. Item 12a +' A request was presented for disannexation of an 85 acre tract along Northwest Freeway. No one was present who had an interest in this matter. s' Moved by Alderman Boyd that the request be denied. Motion seconded by Alderman McAlister, and carried unanimously. Item 12b ' A report was made by Alderman Boyd on the result of meetings held with the f County Commissions pertaining to out of city fire runs. He presented a memorandum 1221 Item 12b, cont'd. of understanding and a proposed resolution approving a contract for fire protection. RESOLUTION NO. 1698 RESOLUTION APPROVING CONTRACT WITH WICHITA COUNTY FOR CERTAIN FIRE FIGHTING SERVICES WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY-OF WICHITA FALLS, TEXAS, THAT: - That certain Memorandum of Understanding between County Commissioners Dod Wiley and Clark Gresham, representing the County of Wichita, and Alderman J. C. Boyd (a committee from the City Council of Wichita Falls) concerning City fire protection of industries located within the extraterritorial jurisdiction of the City of Wichita Falls , is hereby approved in principle. The City Manager is hereby authorized to enter into a contract with Wichita County under the Inter-. local Cooperation Act, Arcicle 4413 (32c) of the Revised Civil Statutes of Texas, whereby the City shall provide fire protection for those specified in- dustries outside the City limits and within the extraterritorial jurisdiction, set out in Exhibit A, attached hereto. The contract shall be for a period of one year. The County will pay the City Eight Hundred Dollars ($800.00) for each fire fighting mission the City performs for an industry covered under the contract. A fire fighting mission is a response to an actual fire or emergency, but does not include false alarms , crank calls or maintenance. In addition, the County will pay to the City as a standby fee an amount equal to ten percent of the ad valorem taxes that the County receives from the specified industries until the industry is annexed by the City. This standby fee, in part, pays for false alarms and crank calls, and for maintenance of the Fire Department. In addition, a portion of this standby fee is intended to cover the County's responsibility for any civil liability imposed on it by Section 4, Paragraph (g) of the Inter- local Cooperation. Act, and to pay a part of the premium paid by the City for personal injury and property damage liability insurance on its fire vehicles. Moved by Alderman Boyd that Resolution No. 1698 be passed. Motion seconded by Alderman Garcia, and carried by the following vote- Ayes : Aldermen McAlister, Garcia, Boyd, and McCullough Nays : None. It was agreed by the Council that the industries to be included are B & W Manufacturing Company, Washex Machinery Corporation, Certain-teed Products Corporation and General Manufacturing Company. They also gave the City Manager the authority to prorate the ten percent standby fee for part of a year. The City Manager reported on steps they are taking in regard to approaches ' l to the airport, such as making certain our right-of-way is clear, enforcing health hazard regulations, and fencing an area to prevent dumping. On structures Jr we are limited to require them to move only those which are sub-standard. Alderwoman McCullough stated that it has been called to her attention that she abstained from voting on the swimming pool issue, and requested that it be placed on the agenda again for clarification. City Manager Gerald Fox stated that a petition was presented with approximately 1900 signatures in protest of building the swimming pool. The City Attorney has reached the conclusion that the petition does not meet the charter requirements in the form of a referendum petition. We can only consider it as any other petition that may be presented to the Council for their consideration. There has been so much discussion in the news media about abiding by the charter, and he stated that we should abide by it in this instance, also. This would not preclude the Council from requesting a vote by the people. Alderman Boyd inquired if the sponsors of the petition made any inquiry of the legal office? The City Attorney explained that Roy Parish inquired how many signatures were required on the petition, and he gave him the information accord- ing to the charter. There was another question which he could not answer directly. 1222 Mr. Parish stated that he would call back, but he never did. Mr. Hodge notified Mr. Parish that the petitions did not conform to the charter, and he indicated that he would recirculate petitions if he had to do it. Mr. Parish asked Mr. Hodge if he would advise him as to what a referendum petition should contain, and Mr. Hodge told him that he would be happy to do so. Mayor Kruger stated that Mr. Fox had made a good point in regard to complying with the charter, stating that citizens should be submitted to the same thing. The action of the Council in regard to the swimming pool should stand. c = Alderman Boyd mentioned urban mass transportation funds, and Senator Tower's letter. He feels our questions have not been answered, and that we should continue to pursue this matter. ;i Y � Alderman Boyd commented on the City Manager's letter of July 20 regarding a bond issue. The City's portion of the cost to complete Kell Freeway has in- creased. The City's remaining part is $1 250 000. Perhap s we should consider j taking the $650,000 for the swimming pool, and any other available funds, and allocate it to Kell. He suggested that the work of the architect be halted on the swimming pool, and review our priorities. The City Manager stated that the Council appropriated one and one-half million with the full understanding that it would not accomplish all the work that needed to be done. Alderman Boyd thought that after the 12 million was appropriated they would only need one-half million. The City Manager stated it was about one million. The interchange on the east side was not included. Mayor Kruger stated that he would not be opposed to halting the work of the architect until such time as we are presented with a proper petition, and the public has a chance to vote on it. He is not in favor of re-ordering any priorities, however. The City Manager stated that he would discuss it with the architect. Alderman McAlister agreed with the Mayor on priorities, but has no objection to halting the architect's work on the pool. All the Council members agreed to this. Alderman McAlister recommended that we go back to a 30-minute pre council work session beginning in September, with an 8:30 pre council and a 9:00 council meeting. Alderman Boyd stated that he feels this summer procedure has worked very well. The spirit of the public meeting law is best served by continuing to have meetings out here. Alderman McAlister stated that the open meetings law has some bad points which sometimes stifles discussions which should come out. The Mayor agreed that some types of discussion is better had in pre council meetings. Alder- man Boyd stated if it could be placed on tape it would resolve some of his objections. Moved by Alderwoman McCullough that we utilize Mr. Boyd 's suggestion to tape the 30-minute pre-council meetings. Motion seconded by Alderman Garcia, and carried by the following vote: Ayes : Mayor Kruger, Aldermen McAlister, Garcia, Boyd, and McCullough Nays: None. Mrs. Aurora Luera, 1020 East Fort Worth Street, made an emotional appearance v regarding some property which she desires to move to another location. She explained that Mr. Van Loh and Mr. Lillard have told her that the house is not moveable. It has been partially burned, but she wants to cut off the burned part. She stated that the part she wants to move is new. It belonged to her mother and father. Some pictures were shown of the house, and she stated that they didn't take the right ones ; they did not take picutres of the new part of the three-room house. Mr. Lillard stated that if it could be rebuilt then it could be moved, but it would have to be rebuilt before it could be moved. He explained that it would take a fifty percent rebuilding of the walls and structure. The L-shaped part could be cut off. Alderman Boyd suggested that a member of this Board personally investigate these premises. It was decided that Aldermen Garcia and Boyd would investigate and make a report to Mr. Lillard. Mayor Kruger explained to Mrs. Luera that if their 1223 conclusion is the same as Mr. Lillard 's and Mr. Van Loh's, then there is nothing that the Council can do. Moved by Alderman Garcia that the meeting be adjourned. Motion seconded by Alderman Boyd, and carried unanimously. The Board of Aldermen adjourned at 1 :04 P.M. PASSED AND APPROVED this Lh-z-day of4y�� , 1975. r` Y' a Ma . r Pro tem / ATTEST: Deputy City Clerk k� STATE OF TEXAS COUNTY OF WICHITA This agreement made and entered into this the 1st day of October, 1975, by and between the City of Wichita Falls, Texas, and the City of Iowa Park, Texas, witnesseth: WHEREAS, Wichita Falls and Fred Ray Mount intend to enter into a con- tract whereby Mount will collect and dispose of dead animals in Wichita County (including the city of Iowa Park) , for which Wichita Falls will pay him the sum of $1 ,100.00 per month, and Iowa Park will derive benefits from such contract; Now, therefore, for and in consideration of the mutual covenants herein, and the benefits to be derived by Iowa Park from contract between Wichita Falls and Mount, the parties hereto do hereby agrees as follows: Iowa Park shall pay to Wichita Falls the sum of $55.00 per month, pay- able monthly, for the three year term of such contract, for the service within its city limits. All fees which may be collected by Mount from the owners of dead large animals which he collects within the city limits of Iowa Park, and which fees are remitted by Mount to Wichita Falls, shall be credited on the $55.00 monthly consideration payable by Iowa Park to Wichita Falls. Iowa Park may obtain from Wichita Falls information furnished by Mount concerning the numbers, locations and owners of dead animals picked up in Iowa Park. Iowa Park shall have the right to collect a fee from the owner of each dead animal picked up in the city limits of Iowa Park, and Wichita Falls shall have the right to collect a fee from the owner of each dead animal picked up within the city limits of Wichita Falls. Neither of the parties shall have any obligation to enforce collection from the animal owners of fees due the other party. The parties hereto have executed this instrument as of the day and year first set out above. -2- CITY OF WICHITA FALLS City Manager ATTEST: , Deputy City Clerk CITY OF IOWA PARK BY: Mayor ATTEST: City Secretary THE STATE OF TEXAS COUNTY OF WICHITA KNOW ALL MEN BY THESE PRESENTS: � RENTAL CAR LEASE AGREEMENT THIS AGREEMENT entered into this day of 1975, by and between the City of Wichita Falls, Texas , hereinafter called City or Lessor, and hereinafter called Lessee. W I T N E S S E T H : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls , Wichita County, Texas, known as the Wichita Falls Municipal Airport; hereinafter called Airport; and, WHEREAS, passenger automobile rental services at the Airport are essential for proper accommodation of passengers arriving and departing from said Airport; and, WHEREAS, the City desires to make said services available at the Airport; and, WHEREAS, Lessee is desirous of operating a rental car concession at the Airport; and, in connection therewith, proposes to furnish clean, late model cars to be kept at the Airport for the use of airline passengers and others. NOW, THEREFORE, in consideration of mutual covenants, promises, and agreements herein contained, the said parties hereby convenant, promise and agree with each other as follows: ARTICLE I. Premises 1 . Lessor does hereby grant to Lessee a non-exclusive rental car concession, along with others, at the airport and does demise and lease to Lessee the space in the Terminal Building at the Airport outlined in red on the plat attached hereto and designated as Exhibit "9 A The parties covenant and agree that the' City, at its sole expense, after giving sixty (60) days notice in writing, may relocate the Lessee's premises in the in the Terminal Building if, in the opinion of the Airport Manager, overall service to the public shall be improved by such relocation. 2. Lessor leases to Lessee two ready car parking spaces, which shall be used by Lessee for the parking of cars which are ready for delivery to its car rental patrons.p Lessee shall provide markers for these ready car parking spaces. The Airport Manager will assign these spaces to Lessee. 3. Lessor leases to Lessee certain rental car storage spaces in the storage area at the Airport. There are forty (40) storage spaces located north of the terminal parking area. Ten storage spaces are allocated to a Lessee. The assigned location tion will be decided by the four Lessees concerned, through mutual agreement. 4. The location of the ready car parking spaces and the rental car storage-spaces-are-shown on- Exhibit "B 5. Included in the rights granted is that of arranging at the Air- port for reservation services for outgoing passengers using the airport for use of such passengers in making reservations at a destination where automobile rental service is furnished by Lessee or members of the system to which Lessee belongs. ARTICLE II. Term Subject to earlier termination as hereinafter provided, the term of this agreement shall be for a period of three (3) years, commencing on the first day of July, 1975, and terminating on the 30th day of June, 1978. ARTICLE III. Surrender of Possession No notice to cease operations or to quit possession of the leased _ premises at the expiration date of the Term of this Agreement shall be neces- sary. Lessee convenants and agrees that at the expiration date of the Term of this Agreement, or at the earlier termination thereof, it will peacefully surrender possession of the Leased Premises and any improvements thereon, in good condition, reasonable wear and tear, acts of God, and other casualties excepted, and the City shall have the right to take possession of the Leased Premises with or without due process of law. -2- ARTICLE IV. Rental 1 . Lessee agrees to pay an annual concession fee for the rights and privileges herein granted by the City, as follows: A minimum concession fee of $268.00 per month for the first year of the lease; for the second and third years such minimum concession fee shall be adjusted in proportion to the increase or decrease in the combined gross revenues of all Airport rental car concessions over the preceding twelve (12) month period, provided that such increase or decrease shall not exceed ten percent (10%) ; or, ten percent (10%) of the Lessee's annual gross revenues as herein defined, which- ever is greater. 2. Lessee shall submit by the twentieth (20th) day following each month of operation hereunder, an accurate statement of the Gross Revenues for the preceding month and simultaneously therewith shall pay the City the greater of 1 ) Ten Percent of the Gross Revenues 2) 1/12th of the then applicable Minimum Annual Concession Fee. The aforementioned statement of P t Gross Revenues shall be certified by a responsible officer of the Lessee. 3. Within sixty (60) days after the close of each contract year hereunder, Lessee shall furnish to City a sworn statement, certified by an independent Certified Public Accountant who shall not be a member of Lessee's firm or staff, showing the total of Gross Revenue at the Airport for said contract year. If the aggregate payments made for any contract year hereunder shall exceed the greater of 1 ) the Minimum Annual Concession Fee, or 2) ten percent (10%) of said Gross Revenues during such contract year, the excess balance shall be credited to Lessee's account and applied against one or more of the next succeedingmonthly payments during the next ensuing Y P Y 9 g contract year, if there is one, as City may elect. The City shall repay such excess Conces- sion Fee payments in cash to the Lessee if this Agreement shall be terminated. 4. Definition of Gross Revenue: "Gross Revenue" as used herein, shall mean all time and mileage charges due and payable to the Lessee from the operation of its automobile rental service at the Airport, but shall not include sums recovered from insurance or otherwise for damage to automobiles or other property, nor any amounts paid by customers to Lessee and separately -3- billod as additional charges for waiver by Lessee of its rights to recover damages from its customers for damages to or destruction of the vehicle rented, nor any tax levied by any competent governmental authority which is separately stated and collected from Lessee' s customers. Except as otherwise provided herein, Gross Revenues shall include all time and mileage charges due and payable to the Lessee on all vehicles which are rented at or taken by a customer from the Airport regardless of what section or estab- lishment of Lessee may receive the automobile or the rent therefor upon return of tine automobile by the customer including vehicles taken by a customer in exchange for a vehicle originally rented at or taken by customer from the Airport. 5. It is understood that Lessee may possess a U-Drive-It franchise to operate from other locations within the City and that revenues from such operation are excluded from Lessee's Gross Revenues. It shall be expressly understood, however, that revenues derived from the rental of any vehicle taken from the Airport and delivered to a customer off the Airport shall be included in Lessee's Gross Revenues, regardless of the location at which such vehicle is delivered if the rental contract is consummated at the Airport. 6. The Lessee shall have the right to conduct part of its operation on a credit basis; provided, however, the risk of such operation shall be borne solely by the Lessee; and the Lessee shall report all income, both cash _ and credit, in its monthly statements of Gross Revenue. Credit t given to Lessee's customers for such things as out-of-pocket purchase for gas, oil , or emergency services , and deposits regardless of where made, shall be included in computing Gross Revenues. 7. The term "Gross Revenues" , as used herein, shall also include, in addition to the above, amounts which would be due to the Lessee on the basis of furnishing an automobile to the user complete with motor fuel , normal primary liability insurance coverage, and other items customarily supplied by other automobile rental agencies at the Airport. 8. Any moneys recovered from insurance companies by Lessee for damage to Lessee's property, or sums recovered r th ough insurance or otherwise for damage to vehicles , shall be excluded from Gross Revenues. Federal , State, County, and municipal sales taxes or other similar taxes separately stated and collected from customers now or hereafter levied or imposed shall likewise be excluded from "Gross Revenues". No deductions shall be allowed from "Gross -4- Revenues" for the payment of State franchise taxes or taxes levied on con- cession activities, facilities, equipment or real or personal property of Lessee nor for the payment of such City ad valorem taxes and license fees as required by the operation of a Rental Car franchise at a location other than the Airport. The Lessee may grant local or national discounts to customers. 9. In addition to the annual concession fee, Lessee shall pay City for rental of its car storage spaces at the rate of $3.00 per space per month, which shall be paid monthly by the 20th day following each month of the lease. ARTICLE V. Records 1 . Lessee shall at all times during the term hereof keep true, accurate, complete and auditable records, books and accounts, in a form satisfactory to the City, of all business conducted by it at the Airport, and Lessee further agrees that the City shall have the right, through its duly authorized agents or representatives, to examine and audit all perti- nent books, accounts and records at any and all. reasonable times for the purpose of determining the accuracy of the reports required to be made by the Lessee under the provisions of this Agreement. All airport rental con- tracts shall be executed on appropriately marked and numerically sequenced forms of Lessee. 2. Articles or services furnished to any person in payment of ex- change for value received from such other person, shall be deemed to be a cash sale at market value within the meaning of this Article. The making of any willfully false. reports on revenue by Lessee shall be grounds for the immediate cancellation and termination of this Agreement at the option of- the City. ARTICLE VI. Taxes , Fees, Licenses Lessee covenants and agrees to pay promptly all lawful general taxes , special assessments, excises, license fees, permit fees, and utility service charges of whatever nature, applicable to its operation at the Air- port and to take out and keep current all licenses, municipal , state or -5- federal , required for the conduct of its business at and upon the Airport, and further covenants and agrees not to permit any of said taxes, assess- ments, excises, fees or charges to become delinquent. ARTICLE VII. Late Rental Penalty All unpaid rent and fee money due the City hereunder shall bear a service charge of one and one-half percent (12%) per month if same is not paid and received by the City within ten (10) days after its due date, and Lessee agrees that it shall pay and discharge all costs and expenses includ- ing attorney's fees incurred or expended by the City in collection of said delinquent amounts due. ARTICLE VIII. Performance Bond Lessee agrees to furnish a bond to the City in the principle amount of Two Thousand Dollars ($2,000.00). Such bond shall guarantee the payment of the concession fee, rent and Lessee's other obligations to pay as provided herein. The bond shall be in a form agreeable to the City and shall be kept in full force and effect .during the term hereof. ARTICLE IX Exclusive Rights 1 . It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right, except that Lessee has the exclusive right to use the premises leased herein. 2. City further agrees that during the life of this Agreement it will not execute a similar Agreement for like services and facilities with any other company or organization on terms more advantageous than those accorded to Lessee. This covenant not to grant more favorable terms to others is hereby acknowledged by the City and Lessee to be limited to 1 ) the percentage of gross revenues to be paid as a concession fee, 2) the minimum annual concession fee established by this Agreement, and 3) the number and size of counter areas in the Terminal Building. ARTICLE X. Minimum Standards 1. Lessee covenants and agrees it shall be open for and shall conduct bus'iness and furnish services at the Airport during the hours of regularly -6- scheduled air service to the Airport or at such lesser times that Lessee and the Airport Manager shall mutually agree upon as being sufficient to i properly serve the needs of the public. 2. Lessee shall furnish high quality, prompt and efficient ser- vice hereunder adequate to meet all reasonable demands therefor at the Air- port; shall furnish said services on a fair, equal and non-discriminatory J ' basis to all categories of qualified users thereof; and shall charge fair, reasonable and non-discriminatory prices charged by concessionaires at airports of comparable passenger enplanements. 3. Lessee shall prepare a schedule of prices and rates. Such schedules shall be filed in the office of the Airport Manager and printed copies of such schedule shall be available at the Airport at all times for the use of Lessee's customers. 4. Lessee shall provide and maintain the rental automobiles made available hereunder at its sole expense, in good operative order, free from known mechanical defects, and in a clean, neat and attractive condition inside and outside. 5. Lessee shall base at the Airport only new or late model auto- mobiles in such number as is required by the demand for same. 6. A copy of the rental agreement form covering the use of Lessee's automobiles rented at or delivered to the Airport shall at all times be kept on file in the office of the Airport Manager. 7. Lessee covenants that it shall take all reasonable measures in every proper manner to maintain, develop and increase the business conducted by it hereunder, the Lessee shall not divert or cause or allow any business to be diverted from the Airport. Any action taken by Lessee to induce its patrons to rent or receive vehicles in such a manner and at such places so _ as to diminish the Gross Revenue of the Lessee under this Agreement shall constitute a material breach hereof and a cause for the termination of this Agreement by the City. 8. Lessee's personnel performing services hereunder shall be dis- tinctively uniformed, neat, clean and courteous. The Lessee's oral solicita- tion of business at the Airport shall be confined to its leased area and Lessee shall prohibit and restrain its agents, servants and employees from loud, noisy, boisterous or otherwise objectionable promotion of the services offered, and upon objection from the Airport Manager concerning the conduct -7- or appearance of any such persons, shall immediately take all steps necessary to remove the cause of the objection. 9. Lessee shall not commit any nuisance on the Leased Premises or Airport nor do or permit to be done anything which may result in the creation or commission of a nuisance thereon; nor install , maintain or operate or permit the installation, maintenance or operation on the Leased Premises of any vending machine or devices to dispense any products whatso- ever without the written permission of the Airport Manager. ARTICLE XI. Maintenance and Improvements 1 . Lessee shall make no material removals, additions or alterations to its Terminal Building leased premises without the prior written approval of the Airport Manager. Lessee shall maintain in good g repair and in neat and clean condition all improvements, construction or furniture, furnish- ings or equipment placed on such premises. Lessee shall be responsible for the care of the area designated for its use and shall permit no damage to existing improvements. No spikes, hooks, nails, or any other devices shall be driven or screwed into the walls, woodwork or other su rfaces of the Terminal Building leased premises. 2. Lessee agrees , at its own expense, to maintain the Terminal Build- ing leased premises in a neat and orderly condition, free from all danger of fire and personal injury and to refrain from doing anything to destroy or damage the Terminal Building leased premises. 3. No sign or advertisement of the Lessee or others shall be affixed, kept.-or distributed on any part of the Terminal Building leased premises except only if such color, size, wording, style and material and method of attachment shall be first approved in writing by the Airport Manager. The City reserves the right to remove, without notice to Less ee and at the expense of Lessee, all signs or advertisements not having prior approval in writing. All signs shall be in good taste and shall be for the purpose of either iden- tifying the premises as being those of the Lessee or providing directions for Lessee's patrons. No advertisements or rate schedules of the Lessee shall be posted to public view on the Terminal Buildingleased sed premises, except that this prohibition shall not prevent the Lessee from displaying for distribution its Pocket-sized printed brochures of rate schedules for distribution to the -8- public. At the expiration of this Agreement, the Lessee shall remove all its signs or advertisements and restore all points of attachment to conform to the appearance and condition of the surrounding surfaces. L ARTICLE XII . L Heating, Air Conditioning and Janitorial Services 1 . City shall furnish heating and air-conditioning to the Terminal Building leased premises in such degree as it is furnished to other tenants in the Terminal Building, provided that the City shall not be liable for any failure to supply the same when such failure is not due to negligence on its part. General area light will be furnished by the City through the fixtures installed for the general lighting of the area of the Terminal Building leased premises. 2.- City shall provide-janitor service for the leased premises in the Terminal Building and shall provide for removal of trash and will keep such area clean, neat and attractive. ARTICLE XIII. Indemnification Lessee shall be solely responsible for the conduct of its operators, agents, employees and representatives, and agrees to indemnify, defend, hold and save the City, its authorized agents, officers , representatives and em- ployees, harmless from each and every claim and demand of whatever nature, and against any and all penalties, liability and annoyance or loss, resulting from claims or court action of any nature claimed to have arisen directly or in"irectly out of acts of Lessee, or its agents, servants or employees under this Agreement or by reason of any act, omission or conduct of such person. ARTICLE XIV. Insurance 1 . Lessee agrees to maintain throughout the Term of this Agreement the following motor vehicle liability insurance: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 25,000 each accident 2. Lessee shall provide such insurance at its own expense and such insurance shall be placed with a company authorized to do business in the -9- state of Texas. Such policies of insurance shall protect City and Lessee against any and all liability for death, injury, loss or damage against which Lessee has elsewhere in this agreement undertaken to save and hold the City and its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liability and annoyance and loss resulting from claims or court action of any nature and arising directly or indirectly out of the acts of Lessee, its agents, servants, , guests , employees, business visitors or others under this agreement or by result of any act or omission of such persons. 3. The amounts of such insurance as specified above shall not be deemed a limitation of Lessee's agreement to save and hold the City harm- less and if Lessee becomes liable for an amount in excess of the insurance Lessee will save and hold the City .harmless as the holder thereof. Copies of all such policies of insurance shall be delivered to City. ARTICLE XV. Cit Agent City hereby designates its Airport Manager, as well as its City Manager and such official as he may designate, as its official representa- tive, with the full power to represent City in all dealings with Lessee in connection with the premises herein leased. ARTICLE XVI. Compliance with Rules & Regulations Lessee shall , at its own expense and cost, comply with all Federal , State and local laws , rules, regulations or ordinances, now or hereafter in effect, which are applicable to its operation at the Airport. Lessee recog- nizes that the Airport Manager is the representative of the Cit y, and agrees to cooperate fully with such official to promote the efficient conduct of operations at the Airport. ARTICLE XVII. Inspection City reserves the right to enter upon the leased premises at any reasonable time for the purpose of making any inspection of the physical premises it may deem expedient to the proper enforcement of any of the covenants or conditions of this Agreement.g Bement. -10- i� ARTICLE XVIII. Assignment Lessee shall not assign or transfer this agreement nor any priv- ileges hereunder and shall not assign or sublet or mortgage all or any part of the premises leased hereby, whether voluntarily or involuntarily, ly, with- out the prior written consent of the City. If Lessee, without securing prior written approval of the City, attempts to effect such a transfer, assignment, sublease or mortgage, or if a transfer occurs by operation of law, City may terminate this agreement upon written notice to Lessee. If control of Lessee's business or .corporation is transferred to other partie s s by virtue of the sale of stock, without the prior written consent of City, this shall be considered an assignment of the lease, and City may terminate this- agreement upon -written notice to Lessee. . ARTICLE XIX. Suspension/Termination 1 . Lessee understands and agrees that all rights, privileges and interests acquired herein, following written notice of sixty (60) days, may be altered or finally terminated upon payment of just compensation to Lessee, if such suspension or termination is found by City, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport. 2. Should Lessee fail to pay the rent due hereunder within fifteen (15) days after same shall become due, or permit any insurance coverage required under this agreement to lapse, City shall have the option, without any legal proceedings or notice, to declare this lease terminated, cancel the same and re-enter and take possession of the premises, and in such event Lessee agrees to deliver possession of the same peaceably and relinquish all rights incident ent thereto. 3. City shall have the right, but not the obligation, to terminate this Agreement in its entirety immediately upon the happening of any of the following events: a. Filing of a petition, voluntarily or involuntarily, for adjudication of Lessee as a bankrupt. b. The making by Lessee of any general assignment for the benefit of creditors. -11- c. The failure by Lessee to perform, keep and observe any and all of the terms, covenants, and conditions herein contained on the part of the Lessee to be performed, kept, or observed after the expiration of fifteen (15) days from the date written notice has been given to Lessee by City to correct such default or breach (except, P , however, failure of Lessee to provide insurance as re- quired herein will give City the right to terminate this lease immediately without the necessity of giving Lessee 15 days written notice). 4. City may terminate this lease by written notice to Lessee in the event of the assumption by the United States Government or any author- ized agency-thereof-of the operation, control or use of said Municipal Air- port, Civil Terminal Building 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 performance of its obligations under the terms, covenants and conditions hereof to be performed, kept and observed by City. 5. No waiver by City at an time Y of any of the terms, conditions, or covenants of this Agreement shall be deemed or taken as a' waiver at any time thereafter of the same, or of any other terms, conditions , or covenants herein contained, nor of the strict and prompt performance thereof by Lessee. 6. In the event that the United States Government or any of its agencies shall occupy the airport or any substantial part thereof to such an extent as to materially interefere with Lessee's operation, or in the event of destruction by fire or other cause of all or a material portion of the airport or airport facilities, or if Lessee's operations shall for any reason, similar or dissimilar, be materially interfered with for a period in excess of ninety (90) days, or in the event of any national emergency g cy wherein there is a cur- tailment, either by executive decree or legislative action, of the use of motor vehicle s or airplanes by the general public, or a limitation of the supply of gasoline available for general use, then, and in any of those events, Lessee shall have the right upon written notice to Lessor to terminate this All agreement and Lessee's further obligations here under, or at its option, to suspend this agreement for the periods of such disability. -12- ^tip 7. Also, should Lessee lose his present franchise to operate a Car Rental Service, or should his license or privilege of operating a rental car service in the City of Wichita Falls be cancelled by the City, then Lessee may, at its option, terminate this agreement as of the last day of ILI the month in which such occurs. ARTICLE XX. Untenantable Premises Lessee shall , in case of fire or other casualty, give immediate notice in writing to City, who shall thereupon cause the damage to be re- paired forthwith, provided materials, supplies and labor are reasonably available; if any portion of the premises is rendered unfit for occupancy, the rent shall be apportioned for the period of time required to make the ' repairs, ac cording ccording to the part of the. premises, if any, which remains usable by Lessee. If the- entire building shall be destroyed, then within thirty (30) days after the fire or other casualty either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except that the rent shall be apportioned as of the date of the fire or other casualty. - ARTICLE XXI. Notification Notice to City as herein provided shall be sufficient if written noticc. i-s served in person or otherwise sent by certified mail to the Airport Manager, Wichita Falls Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas 76301 , or to Lessee if written notice is served in person to or otherwise sent by certified mail to Lessee at or at such other places as the parties may designate in writing. ARTICLE XXII. 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 -13- 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 shall not be construed so as to materially prejudice either City or the Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions in this agreement. ARTICLE XXIII. Headings The article and paragraph headings are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provisions of this lease. 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: Gera a G. Fox, City Manager ATTEST: I Wilma J. Thomas, City Clerk APPROVED AS TO FORM: H. P. Hodge, Jr. , City Attorney BY: TITLE: -14- t Po Izc I-, I f i I Ilrf � D n I m t L_ I SCUILER I tt I i I p I ' i ° o I 0 .• z ° I ; I I n � I j m � � D ENTRY � I n II m I � � T • I D � n 1 z II N I I I 1 r I �1 D ci D I .M E.N.. .. !IjI WOMEN D II a Iz —� OFFICE l OFFICE 1 I n 00 H C r- 11 + it Z z OFFICE n c) I � n I II . I m .• I I Z � r CFrICF ;i I ) EXHIBIT A 8 Rental Car Ready Spaces N 40 Rental Car Storage Spaces �' �rle, , , ch. A 1 . N � �'c •� Apt $ Z P IA 1 I 98Y°34W 174f.9 Dm ;o � 0 Z 3 1 ; q • 18 q� w 13 N iN N IN Z N N 1 tl .0 A O . q O q Z 100' AIRPORT DRIVE - .I EXHIBIT B Wichita Falls Texas �.-- MUNICIPAL AIRPORT f�J ` THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA RENTAL CAR LEASE AGREEMENT THIS AGREEMENT entered into this day of , 1975, by and between the City of Wichita Falls, Texas , hereinafter called City or Lessor, and hereinafter called Lessee. W I T N E S S E T H WHEREAS, Lessor is the operator of an Airport located in Wichita Falls , Wichita County, Texas, known as the Wichita Falls Municipal Airport; hereinafter called Airport; and, WHEREAS, passenger automobile rental services at the Airport are essential for proper accommodation of passengers arriving and departing from said Airport; and, WHEREAS, the City desires to make said services available at the Airport; and, WHEREAS, Lessee is desirous of operating a rental car concession at the Airport, and, in connection therewith, proposes to furnish clean, late model cars to be kept at the Airport for the use of airline passengers and others. NOW, THEREFORE, in consideration of mutual covenants, promises, and agreements herein contained, the said parties hereby convenant, promise and agree with each other as follows: ARTICLE I. Premises 1 . Lessor does hereby grant to Lessee a non-exclusive rental car concession, along with others, at the airport and does demise and lease to Lessee the space in the Terminal Building at the Airport outlined in red on the plat attached hereto and designated as Exhibit "A". The parties covenant and agree that the City, at its sole expense, after giving sixty (60) days notice in writing, may relocate the Lessee's premises in the JI in the Terminal Building if, in the opinion of the Airport Manager, overall service to the public shall be improved by such relocation. 2. Lessor leases to Lessee two ready car parking spaces, which shall be used by Lessee for the parking of cars which are ready for delivery ' to its car rental patrons. Lessee shall provide markers for these ready car parking spaces. The Airport Manager will assign these spaces to Lessee. 3. Lessor leases to Lessee certain rental car storage spaces in rthe storage area at the Airport. There are forty (40) storage spaces located north of the terminal parking area. Ten storage spaces are allocated to a Lessee. The assigned location will be decided by the four Lessees concerned, through mutual agreement. 4. The location of the ready car parking spaces and the rental car -storage-spaces are-shown-Drr-Exhibit "B". 5. Included in the rights granted is that of arranging at the Air- port for reservation services for outgoing passengers using the airport for use of such passengers in making reservations at a destination where automobile rental service is furnished by Lessee or members of the system to which Lessee belongs. ARTICLE II. Term Subject to earlier termination as hereinafter provided, the term of this agreement shall be for a period of three (3) years, commencing on the first day of July, 1975, and terminating on the 30th day of June, 1978. ARTICLE III . Surrender of Possession No notice to cease operations or to quit possession of the leased premises at the expiration date of the Term of this Agreement shall be neces- sary. Lessee convenants and agrees that at the expiration date of the Term of this Agreement, or at the earlier termination thereof, it will peacefully surrender possession of the Leased Premises and any improvements thereon, in good condition, reasonable wear and tear, acts of God, and other casualties excepted, and the City shall have the right to take possession of the Leased Premises with or without due process of law. -2- ARTICLE IV. Rental 1 . Lessee agrees to pay an annual concession fee for the rights and privileges herein granted by the City, as follows: A minimum concession fee of $268.00 per month for the first year of the lease; for the second and third years such minimum concession fee shall be adjusted in proportion to the increase or decrease in the combined gross revenues of all Airport rental car concessions over the preceding twelve (12) month period, provided that such increase or decrease shall not exceed ten percent (10%) ; or, ten percent (10%) of the Lessee's annual gross revenues as herein defined, which- ever is greater. 2. Lessee shall submit by the twentieth (20th) day following each month of operation hereunder, an accurate statement of the Gross Revenues for the preceding month and simultaneously therewith shall pay the City the greater of 1 ) Ten Percent of the Gross Revenues 2) 1/12th of the then applicable Minimum Annual Concession Fee. The aforementioned statement of Gross Revenues shall be certified by a responsible officer of the Lessee. 3. Within sixty (60) days after the close of each contract year hereunder, Lessee shall furnish to City a sworn statement, certified by an independent Certified Public Accountant who shall not be a member of Lessee's firm or staff, showing the total of Gross Revenue at the Airport for said contract year. If the aggregate payments made for any contract year hereunder shall exceed the greater of 1 ) the Minimum Annual Concession Fee, or 2) ten percent (10%) of said Gross Revenues during such contract year, the excess balance shall be credited to Lessee's account and applied against one or more of the next succeeding monthly payments durin g the next ensuing contract year, if there is one, as City may elect. The City shall repay such excess Conces- sion Fee payments in cash to the Lessee if this Agreement shall be terminated. 4. Definition of Gross Revenue: "Gross Revenue" as used herein, shall mean all time and mileage charges due and payable to the Lessee from the operation of its automobile rental service at the Airport, but shall not include sums recovered from insurance or otherwise for damage to automobiles or other property, nor any amounts paid by customers to Lessee and separately -3- r billed as additional charges for waiver by Lessee of its rights to recover damages from its customers for damages to or destruction of the vehicle rented, nor any tax levied by any competent governmental authority which is separately stated and collected from Lessee' s customers. Except as otherwise provided herein, Gross Revenues shall include all time and mileage charges due and payable to the Lessee on all vehicles which are rented at or taken by a customer from the Airport regardless of what section or estab- lishment of Lessee may receive the automobile or the rent therefor upon return of the automobile by the customer including vehicles taken by a customer in exchange for a vehicle originally rented at or taken by customer from the Airport. 5. It is understood that Lessee may possess a U-Drive-It franchise to operate from other locations within the City and that revenues from such operation are excluded from Lessee's Gross Revenues. It shall be expressly understood, however, that revenues derived from the rental of any vehicle taken from the Airport and delivered to a customer off the Airport shall be included in Lessee's Gross Revenues , regardless of the location at which such vehicle is delivered if the rental contract is consummated at the Airport. 6. The Lessee shall have the right to conduct part of its operation on a credit basis , provided, however, the risk of such operation shall be borne solely by the Lessee; and the Lessee shall report all income, both cash and credit, in its monthly statements of Gross Revenue. Credit given to Lessee's customers for such things as out-of-pocket purchase for gas, oil , or emergency services , and deposits regardless of where made, shall be included in computing Gross Revenues. 7. The term "Gross Revenues", as used herein, shall also include, in addition to the above, amounts which would be due to the Lessee on the basis of furnishing an automobile to the user complete with motor fuel , normal primary liability insurance coverage, and other items customarily supplied by other automobile rental agencies at the Airport. 8. Any moneys recovered from insurance companies by Lessee for damage to Lessee's property, or sums recovered through insurance or otherwise for damage to vehicles , shall be excluded from Gross Revenues. Federal , State, County, and municipal sales taxes or other similar taxes separately stated and collected from customers now or here after levied or imposed shall likewise be excluded from "Gross Revenues". No deductions shall be allowed from "Gross -4- Revenues" for the payment of State franchise taxes or taxes levied on con- cession activities, facilities, equipment or real or personal property of Lessee nor for the payment of such City ad valorem taxes and license fees as required by the operation of a Rental Car franchise at a location other than the Airport. The Lessee may grant local or national discounts to customers. 9. In addition to the annual concession fee, Lessee. shall pay City for rental of its car storage spaces at the rate of $3.00 per space per P month, which shall be paid monthly by the 20th day following each month of the lease. ARTICLE V. Records l . ' Lessee shall- at all—times -during the term hereof keep true, accurate, complete and auditable records, books and accounts, in a form satisfactory to the City, of all business conducted by it at the Airport, and Lessee further agrees that the City shall have the right, through its duly authorized agents or representatives, to examine and audit all perti- nent books, accounts and records at any and all reasonable times for the purpose of determining the accuracy of the reports required to be made by the Lessee under the provisions of this Agreement. All airport rental con- tracts shall be executed on appropriately marked and numerically sequenced forms of Lessee. 2. Articles or services furnished to any person in payment of ex- change for value received from such other person, shall be deemed to be a cash sale at market value within the meaning of this Article. The making of any willfully false reports on revenue by Lessee shall be grounds for the immediate cancellation and termination of this Agreement at the option of the City. ARTICLE VI . Taxes , Fees, Licenses Lessee covenants and agrees to pay promptly all lawful general taxes , special assessments, excises, license fees, permit fees, and utility service charges of whatever nature, applicable to its operation at the Air- port and to take out and keep current all licenses, municipal , state or scheduled air service to the Airport or at such lesser times that Lessee and the Airport Manager shall mutually agree upon as being sufficient to properly serve the needs of the public. 2. Lessee shall furnish high quality, prompt and efficient ser- vice hereunder adequate to meet all reasonable demands therefor at the Air- port; shall furnish said services on a fair, equal and non-discriminatory basis to all categories of qualified users thereof; and shall charge fair, reasonable and non-discriminatory prices charged by concessionaires at airports of comparable passenger enplanements. 3. Lessee shall prepare a schedule of prices and rates. Such schedules shall be filed in the office of the Airport Manager and printed copies of such schedule shall be available at the Airport at all times for the-use-of- Lessee's customers. 4. Lessee shall provide and maintain the rental automobiles made available hereunder at its sole expense, in good operative order, free from known mechanical defects , and in a clean, neat and attractive condition inside and outside. 5. Lessee shall base at the Airport only new or late model auto- mobiles in such number as is required by the demand for same. 6. A copy of the rental agreement form covering the use of Lessee's automobiles rented at or delivered to the Airport shall at all times be kept on file in the office of the Airport Manager. 7. Lessee covenants that it shall take all reasonable measures in every proper manner to maintain, develop and increase the business conducted by it hereunder, the Lessee shall not divert or cause or allow any business to be diverted from the Airport. Any action taken by Lessee to induce its patrons to rent or receive vehicles in such a manner and at such places so as to diminish the Gross Revenue of the Lessee under this Agreement shall constitute a material breach hereof and a cause for the termination of this Agreement by the City. 8. Lessee' s personnel performing services hereunder shall be dis- tinctively uniformed, neat, clean and courteous. The Lessee's oral solicita- tion of business at the Airport shall be confined to its leased area and Lessee shall prohibit and restrain its agents , servants and employees from loud, noisy, boisterous or otherwise objectionable promotion of the services offered, and upon objection from the Airport Manager concerning the conduct -7- or appearance of any such persons, shall immediately take all steps necessary to remove the cause of the objection. 9. Lessee shall not commit any nuisance on the Leased Premises or Airport nor do or permit to be done anything which may result in the creation or commission of a nuisance thereon; nor install , maintain or operate or permit the installation, maintenance or operation on the Leased Premises of any vending machine or devices to dispense any products whatso- ever without the written permission of the Airport Manager. ARTICLE XI. Maintenance and Improvements 1 . Lessee shall make no material removals, additions or alterations to its Terminal Building leased premises without the prior written approval of the Airport Manager. Lessee shall maintain in good repair and in neat and clean condition all improvements, construction or furniture, furnish- ings or equipment placed on such premises. Lessee shall be responsible for the care of the area designated for its use and shall permit no damage to existing improvements. No spikes, hooks , nails, or any other devices shall be driven or screwed into the walls, woodwork or other surfaces of the Terminal Building leased premises. 2. Lessee agrees , at its own expense, to maintain the Terminal Build- ing leased premises in a neat and orderly condition, free from all danger of fire and personal injury and to refrain from doing anything to destroy or damage the Terminal Building leased premises. 3. No sign or advertisement of the Lessee or others shall be affixed kept or distributed on any part of the Terminal Building leased premises except only if such color, size, wording, style and material and method of attachment shall be first approved in writing by the Airport Manager. The City reserves the right to remove, without notice to Lessee and at the expense of Lessee, all signs or advertisements not having prior approval in writing. 9 All signs shall be in good taste and shall be for the purpose of either iden- tifying the premises as being those of the Lessee or providing directions for Lessee's patrons. No advertisements or rate schedules of the Lessee shall be posted to public view on the Terminal Building leased premises, except that this prohibition shall not prevent the Lessee from displaying for distribution Y 9 its pocket-sized printed brochures of rate schedules for distribution to the -8- public. At the expiration of this Agreement, the Lessee shall remove all its signs or advertisements and restore all points of attachment to conform to the appearance and condition of the surrounding surfaces. ARTICLE XII. Heating, Air Conditioninq and Janitorial Services 1 . City shall furnish heating and air-conditioning to the Terminal Building leased premises in such degree as it is furnished to other tenants in the Terminal Building, provided that the City shall not be liable for any failure to supply the same when such failure is not due to negligence on its part. General area light will be furnished by the City through the fixtures installed for the general lighting of the area of the Terminal Building leased premises. 2. City shall provide janitor service for the leased premises in the Terminal Building and shall provide for removal of trash and will keep such area clean, neat and attractive. ARTICLE XIII. Indemnification Lessee shall be solely responsible for the conduct of its operators, agents, employees and representatives, and agrees to indemnify, defend, hold and save the City, its authorized agents, officers, representatives and em- ployees, harmless from each and every claim and demand of whatever nature, and against any and all penalties, liability and annoyance or loss, resulting from claims or court action of any nature claimed to have arisen directly or indirectly out of acts of Lessee, or its agents, servants or employees under this Agreement or by reason of any act, omission or conduct of such person. ARTICLE XIV. Insurance 1 . Lessee agrees to maintain throughout the Term of this Agreement the following motor vehicle liability insurance: Bodily Injury $100,000 each person $300,000 each accident Property Damage 9 $ 25,000 each accident 2. Lessee shall provide such insurance at its own expense and such insurance shall be placed with a company authorized to do business in the -9--- state of Texas. Such policies of insurance shall protect City and Lessee against any and all liability for death, injury, loss or damage against which Lessee has elsewhere in this agreement undertaken to save and hold ' the City and its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liability and annoyance and loss resulting from claims or court action of any nature and arising directly or indirectly out of the acts of Lessee, its agents, servants, guests , employees, business visitors or others under this agreement or b 9 Y result of any act or omission of such persons. 3. The amounts of such insurance as specified above shall not be deemed a limitation of Lessee's agreement to save and hold the City harm- less and if Lessee becomes liable for an amount in excess of the insurance, Lessee will save and hold the City- harmless as the holder thereof. Copies of all such policies of insurance shall be delivered to City. ARTICLE XV. City Agent City hereby designates its Airport Manager, as well as its City Manager and such official as he may designate, as its official representa- tive, with the full power to represent City in all dealings with Lessee in connection with the premises herein. leased. ARTICLE XVI. Compliance with Rules& Regulations Lessee shall , at its own expense and cost, comply with all Federal , State and local laws , rules, regulations or ordinances, now or hereafter in erfect, which are applicable to its operation at the Airport. Lessee recog- nizes that the Airport Manager is the representative of the City, and agrees to cooperate fully with such official to promote the efficient P ficient conduct of operations at the Airport. ARTICLE XVII. Inspection City reserves the right to enter upon the leased premises at any reasonable time for the purpose of making any inspection of the physical premises it may deem expedient to the proper enforcement of any of the covenants or conditions of this Agreement. A -10- ARTICLE XVIII. < Assignment Lessee shall not assign or transfer this agreement nor any priv- ileges hereunder and shall not assign or sublet or mortgage all or any part of the premises leased hereby, whether voluntarily or involuntarily, with- out the prior written consent of the City. If Lessee, without securing. prior written approval of the City, attempts to effect such a transfer, assignment, sublease or mortgage, or if a transfer occurs by operation of law, City may terminate this agreement upon written notice to Lessee. If control of Lessee's business or .corporation is transferred to other parties by virtue of the sale of stock, without the prior written consent of City, this shall be considered an assignment of the lease, and City may terminate this agreement upon written notice to Lessee. ARTICLE XIX. Suspension/Termination 1 . Lessee understands and agrees that all rights, privileges and interests acquired herein, following written notice of sixty (60) days, may be altered or finally terminated upon payment of just compensation to Lessee, if such suspension or termination is found by City, 9 actin in good faith, to be necessary to secure federal financial aid for the development of the Airport. 2. Should Lessee fail to pay the rent due hereunder within fifteen Or) taays after same shall become due, or permit any insurance coverage required under this agreement to lapse, Cityshall have the option, without p , any legal proceedings or notice, to declare this lease terminated, cancel the same and re-enter and take possession of the premises, and in such event, Lessee agrees to deliver possession of the same peaceably and relinquish all rights incident thereto. 3. City shall have the right, but not the obligation, to terminate this Agreement in its entirety immediately upon the happening of any of the following events: a. Filing of a petition, voluntarily or involuntarily, for adjudication of Lessee as a bankrupt. b. The making by Lessee of any general assignment for the benefit of creditors. `� -11- it c. The failure by Lessee to perform, keep and observe any and all of the terms, covenants, and conditions herein contained on the part of the Lessee to be performed, kept, or observed after the expiration of fifteen (15) days from the date written notice has been given to Lessee by City to correct such default or breach (except, however, failure of Lessee to provide insurance as re- quired herein will give City the right to terminate this lease immediately without the necessity of giving Lessee 15 days written notice) . 4. City may terminate this lease by written notice to Lessee in the event of the assumption by the United States Government or any author- ized agency thereof of the operation, control or use of said Municipal Air- port, Civil Terminal Building 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 performance of its obligations under the terms , covenants and conditions hereof to be performed, kept and observed by City. 5. No waiver by City at any time of any of the terms, conditions, or covenants of this Agreement shall be deemed or taken as a waiver at any time thereafter of the same, or of any other terms, conditions, or covenants herein contained, nor of the strict and prompt performance thereof by Lessee. 6. In the event that the United States Government or any of its agencies shall occupy the airport or any substantial part thereof to such an extent as to materially interefere with Lessee's operation, or in the event of destruction by fire or other cause of all or a material portion of the airport or airport facilities, or if Lessee's operations shall for any reason, similar or dissimilar, be materially interfered with for a period in excess of ninety (90) days, or in the event of any national emergency wherein there is a cur- tailment, either by executive decree or legislative action, of the use of motor vehicles or airplanes by the general public, or a limitation of the supply of gasoline available for general use, then, and in any of those events Lessee shall have the right upon written notice to Lessor to terminate this agreement and Lessee's further obligations hereunder, or at its option, to suspend this agreement for the periods of such disability. -12- A 7. Also, should Lessee lose his present franchise to operate a Car Rental Service, or should his license or privilege of operating a rental car service in the City of Wichita Falls be cancelled by the City, then Lessee may, at its option, terminate this agreement as of the last day of the month in which such occurs. ARTICLE XX. Untenantable Premises Lessee shall , in case of fire or other casualty, give immediate notice in writing to City, who shall thereupon cause the damage to be re- paired forthwith, provided materials, supplies and labor are reasonably available; if any portion of the premises is rendered unfit for occupancy, the rent shall be apportioned for the period of time required to make the repairs, according to the part of the, premises, if any, which remains usable by Lessee. If the entire building shall be destroyed, then within thirty (30) days after the fire or other casualty either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except that the rent shall be apportioned as of the date of the fire or other casualty. - ARTICLE XXI. Notification Notice to City as herein provided shall be sufficient if written not?c-c. -i-s served in person or otherwise sent by certified mail to the Airport Manager, Wichita Falls Municipal Airport, Route 4, Box 72-E, Wichita Falls, Texas 76301 , or to Lessee if written notice is served in person to 1 or otherwise se nt by certified mail to Lessee at or at such other places as the parties may designate in writing. ARTICLE XXII. 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 A -13- r 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 shall not be construed so as to materially prejudice either City or the Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions in this agreement. ARTICLE XXIII. Headings The article and paragraph headings are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provisions of this lease. ARTICLE XXIV. The counter at the leased space in the Terminal Building belongs to Lessee. Notwithstanding the provisions of Article III above, at the ter- mination of this lease, title to such counter shall remain in Lessee, who i may remove same, but Lessee shall restore such leased space to the same condition that it was in at the beginning of this lease. 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: Wilma J. Thomas, City Clerk APPROVED AS TO FORM: H. P. Ho dge, Jr. , City Attorney BY TITLE: • i N y D n � I SCULLERY ' i I I ( • I � O O 1 I I r m z I m n D I _ = O I i II I m D D n ENTRY I " i 71 D r i D i I L ► I o � I i < I 1 z z n a = O I I I D � �I it ✓. ., . .. .. , a 1 I I I ME N , O n 1 — II WOMEN I I li I D m STORAGE El y OFFICE OFFICE ❑ n � I 1 f m r m OFFICE G) ❑ I ' � n i t I ci L 1 II I � � a CrrICF: "�- 0 EXHIBIT A i -' I •8 Rental Car Ready Spaces • N i r 40 Rental Car Storage Spaces y �w • �� aka �� �\ . 'L o� . � 1 0 ry � yO I h• � • I C I b I� b _ � t eev°aaW 17aa.G m M x 13 1 ' b '8 I �b N 13 IN I 1 I • • I O OI •� � O I loo• I A IR➢ORT pRNE 1 r EXHIBIT B ,Wichita Falls Texas MUNICIPAL AIRPORT