Min 09/23/1982 452
Wichita Falls, Texas
Memorial Auditorium Building
September 23, 1982
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls, Texas met in called
session on the above date in the Council Room of the Memorial Auditorium
Building at 8:30 o'clock A.M. , with the following members present.
Gary D. Cook Mayor
Gene Shearman
Carol G. Russell
Craig A. Wilson Aldermen
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Chief Accounting Officer
John W. Hampton Absent
Howard M. Morris Absent
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The invocation was given by Alderman Wilson.
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The meeting was moved to the auditorium because of the size of the crowd.
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Item 4
A proposed resolution was presented authorizing execution of a lease agreement
at the airport with Texas Star Airlines.
RESOLUTION NO. 163-82
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT
AND LEASE OF PREMISES AT SHEPPARD AIR FORCE BASE/WICHITA FALLS
MUNICIPAL AIR TERMINAL WITH TEXAS STAR AIRLINES.
WHEREAS, Texas Star Airlines, whose principal place of business is at Meacham
Field in Fort Worth has been granted a certificate by the Texas Aeronautics
Commission to operate a route between Wichita Falls, Meacham Field and Austin; and,
WHEREAS, such airline began operations in Wichita Falls, August 2, 1982 with
a temporary lease agreement; and,
WHEREAS, the City' s lease agreements with Rio and Metro expire September 30,
1982, it seems proper to execute a regular lease agreement with Texas Star
Airlines at the same time.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That, the attached agreement and lease of premises at Sheppard Air Force Base/
Wichita Falls Municipal Air Terminal is hereby approved and the City Manager is
authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Boston that Resolution No. 163-82 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Cook, Aldermen Russell , Wilson, and Boston
Nays: None (Alderman Shearman arrived later in the meeting. )
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453
Item 3
A public hearing was opened concerning a proposed effective tax rate increase V
above three percent.
Mayor Cook requested that each speaker hold his comments to five minutes. He
also announced that this is only a public hearing, and that the budget will be
considered on September 28, 1982, at 8:30 A.M.
Marian Noble appeared as President of the Wichita Falls Board of Realtors.
She stated that their prime interest is to protect home ownership. We are
experiencing many extra costs, and our people are finding home ownership very
difficult. If this is added, they fear for future homeowners. She stated that it
is regrettable that the salaries of city employees are lower than other cities.
They are opposed to any increase in taxation at this time.
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John Dwyer, 4301 Lake Park Drive, stated that from 1978-81 , his property tax
went up 79 percent. If the seventy-five cents tax rate stands, it will have
escalated 145 percent during the past five years. He stated that he bought his
house to live in, and not to re-sell , so he does not care what the fair market
value is. He is concerned about the fair cash value. The assessed value of his
property has gone up in the past five years. He requested that the Council collect
only those taxes that really need to be collected, and that the taxes that are
collected be spent with the greatest degree of efficiency.
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Larry Ford appeared as a resident of Burkburnett, stating that he has a
business on Holliday. He stated that high valuation has been one of the greatest
problems. He mentioned principal and interest, taxes, and insurance. Utilities
have also gone up. In 1983 we expect almost twice as many repossessions in
Wichita Falls as we had in 1982. Our tax assessors base the taxes on property
sold in a given area. It is based on 100 percent of value. In 1979 we had a
20 percent inflation rate, and the rates did not start coming down until 1982.
Since 1979 the inflated rate has been in excess of eight (8) percent. He asked
why we can't base our tax rates on inflation rates?
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Eddie Braun, a representative of the North Texas Home Builders Association,
stated that only five to ten percent of the public is qualified to buy a house in
the past few years. Any increase in taxes will benefit outside areas around
Wichita Falls. He stated that taxes in Lakeside City on a $70,000 house are
$25.00 per month. They are $80.00 per month in Midwestern Farms. He urged the
Council to look at all sources of revenue, such as an additional one-cent sales tax.
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Ken Hanes, owner of Ken Hanes Mobile Homes, stated that he thinks it is ironic
that for the first time in several years' the Citizens for Good Government have not
been in control of the Council . It is also ironic that this is the first time that
an effective tax rate increase has been proposed in this amount.
Mr. Hanes suggested leaving City cars at work, and not letting people take
them home. It would save gas. He noted that our population is less than it was
in 1960, but' how many more City employees do we have? He mentioned going into some
offices, and seeing the number of employees sitting there.
Mr. Hanes also stated that manufactured housing is being moved out of
Wichita Falls. People are moving out of the city to get rid of those tremendous
tax burdens. He stated that he has owned a lot of property in Wichita Falls.
Faith Village lots are taxed higher than any other lots. People in Faith Village
can' t build anything on their lots on Kemp, but they are taxed more than on Lindale
and Brookdale. We need to look at this. He stated that fifty (50) percent of the
homes sold in Wichita Falls are manufactured housing and they are taking them out
of town.
Mr. Hanes also stated that Mr. Shearman had advertised that he had the worst
location in Wichita Falls. Mr. Hanes stated that he had moved people out of that
area in past years. Mr. Hanes further stated that Mr. Shearman is not going to use
taxpayer's money to improve his property.
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454
Item 3, cont'd.
Evelyn Brock, 2020 Santa Fe, stated that she has been in the apartment
business for 25 years. She stated that she had known many widow women who had to
sell their homes and move into an apartment. If taxes continue to go up, along
with utilities, as a small businesswoman she will have to sell it. She stated
that she has 58 women over 65 years of age in her apartment complex. She stated
that she has poured all her profit into her business for the past 16 years.
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Elvin Dudley, 2415 Merrimac, stated that 8:30 meetings are not good for the
public. He read a letter in opposition to raising taxes. He stated that he knows
the City needs the money. He mentioned the proposed 6.4 percent across the board
salary increase for City employees. He would like the Council to trim that raise
back to four (4) percent for City employees. He also spoke against the Wichita
River project, and suggested that it be postponed for one year. He also
mentioned the pol,ice cars, stating that he does not believe we should subsidize
them above the 6.4 percent. He does not feel they should have the use of the cars.
He also mentioned the Peveto bill , stating that it is up to the City Council
to make this tax equitable. It seems that the Council could cut the rate, and
still have as much money to spend as last year. He stated that he voted for
everyone sitting up here, and the reason he did was that he felt the Council and
City Manager should work together. He requested that they try to keep the tax
rate down so everyone can live with it.
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Margaret Davis stated that she has lived here more than 50 years. Her taxes
have gone up repeatedly. She went to the Equalization Board, and taxes were
decreased. She attempted to meet with the Equalization Board this time, but was
involved in helping others find housing, food, and clothing. She feels like she
should be able to live in her home, and not sell it in her senior years. She
spoke of needed improvements to Holliday Creek, and the Ft. Worth Street area.
Streets have been swept two times. She asked the Council to consider dropping
taxes since the houses are deteriorating. She asked the Council to think about
what is around her when they start upgrading her taxes.
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Monte Beasley stated that he worked for the federal government more than 20
years, and county government for eight years. He noted that the Traffic Safety
Council had a certain amount of money left over, and they had to spend it. He
believes money can be saved by turning this money back in if it is not used. He
believes some of the businesses which have closed would be happy to stay in business
working at their present salary. He also asked if tax on recreation vehicles has
been figured in this total? Mayor Cook stated that he believed it was still not
sure what this would generate. Mr. Beasley expressed appreciation to each member
of the Council for the job they are doing.
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Mrs. Al Taylor, 2214 Polk, appeared as President of the Grandmother's Club.
She stated that these ladies can keep their homes, but with costs going up they
cannot keep up with the bills. Their group works to help underprivileged
children. They would appreciate it if the Council would try to keep taxes so
people can keep their homes.
. . . . . . . . . .
(Alderman Shearman came in to the meeting. )
T. J. Cobb, 1125 Sunset Lane,—states that—his area needs to be improved. He
stated that he is 69 years old. He would like the Council to consider what 25
percent of the population will be paying with a seven percent increase in funding.
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Jim Chandler, 4596 Mistletoe, stated that he is an independent businessman.
He asked what incentive there is for the managers to increase the budget? He feels
the City should apply some of the ideas which he has had to.
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455
Item 3, cont'd.
Jean Clayton, 2425 Cambridge, stated that in four years her assessment has gone
up more than 77 percent. Taxes to the City have gone up in this amount. It seems
that elderly retired senior citizens' taxes should be reduced instead of raised.
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Buford Rice stated that he has been in business in Wichita Falls since 1935.
He has a business which has been in the city limits 18 years, and has no city services
except water. The value on a house today is almost seve-n times what he paid for it.
A few years ago the tax department was investigated, and they found there was no
procedure to evaluate the property except by imagination.
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Arthur Baker, 2016 Allen Drive, stated that he has had a tax increase the last
three years. He mentioned a drainage problem on Allen Drive, stating that none of
his neighbors have had any satisfaction from Don Golightly. He also felt that some
of the tax appraisers are not doing a good job and their jobs should be looked at.
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Tom Longest, 2007 Hiawatha, stated that the Tax Appraisal District has done a
very good job in doing real estate appraisals. He mentioned personal property tax
on automobiles used in business, noting that some automobiles used in business are
not taxed. He stated that it seems to be constructed so that you cannot tell who
is using it for business. He feels there is an inequity in that law.
Mr. Longest further stated that when the City Manager moved to Wichita Falls,
there was a list of accomplishments made in the city he came from. All of these
accomplishments made were at the expense of the people. He hoped that would not
happen here. Most people have reduced taxes for the invalid, ill , and elderly.
He stated that he is in a minority in that there is no way his taxes can be
reduced. He would like to see this done.
Mr. Longest noted that the Farmers ' Market was politically motivated. Since
the thing has been put in business, it-has shown by the number of people who go
there, that it is not needed. It is in competition with Parks Produce just down
the street, who pays taxes.
Mr. Longest also mentioned that the expenditure of concrete on the park at
Ninth and Holliday is wasted when there are many streets which need improvement.
Money should be spent on other projects more worthy than parks.
Mr. Longest also commented on several of his properties which had been flooded.
He stated that he did not want the City to give him any money for these houses.
When he bought the property he knew it was subject to flooding. This should be
considered by all of the people.
Mr. Longest noted that he sees people cleaning trash and debris from the
streets. He doesn' t know what program it is, but you may see two working out of
six or eight.
Mr. Longest stated that he feels overall that the City of Wichita Falls has
grown extremely well . If we have such a high increase in taxes we should try to
eliminate some of the things that can be eliminated before we raise taxes.
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A gentleman appeared, stating that taxes have gone up 400 percent the last
few years. He stated that he tried to get bar ditches cleaned out. He got a
private contractor to pour curb-and-gutter. He stated that the sewer should be
looked at.
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Samuel Merrill stated that with a 16.8 percent tax increase coming, there are
some citizens who would like to see that much increase in services offered by the
City. He asked where this percentage is going, and why this amount is required
over last year? He mentioned parking meters and leaking water mains, stating
that supervisors should be looking at these things.
456
Item 3, cont'd.
Alderman Wilson stated that none of us would like to see a tax increase. A
good business requires that we spend within our means. Once we establish a level
that taxpayers want to spend, we should stay within those guidelines.
Alderman Wilson explained that three cents of the tax rate will go for an
increase in electrical utilities. Four cents of the tax rate will go to the bond
program voted by the citizens. Seven cents of the tax rate is for last year's
deficit spending. Last year $1 .07 was spent for every dollar taken in. He does
not believe this is good business. If this budget is implemented as put together,
it does not represent a 16 percent increase in spending. It represents a 16 percent
increase in taxation. He does not believe the public wants us to deficit spend.
This represents a level that the citizens want us to spend.
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Ken Hanes asked if we did not take in as much in taxes last year as we thought?
City Manager Stuart Bach stated that money was spent from the general fund
equity. It is composed of ending balances from prior years. Also, interest
earned was included in this year's budget. It has not been included in next year's
budget.
Mayor Cook stated that the Council does not want tb raise taxes just for the
purpose of raising taxes. If they have been following the budget procedures they
have seen a shift of priorities. We have been deficit spending in the City within
the last two years. This will not be the case next year. We have to change the
City's enormous appetite, and be more efficient. The Council has taken additional
steps and proposed that we take a look at a trimester allotment system. We have
also initiated efficiency and cost-effectiveness procedures. We need to tighten
our belt. We have authorized a sizeable expenditure for software to enable us to
measure efficiency, which we are not capable of doing now. If we find inefficiencies
in these departments, we will be looking at new people to operate it. This year
will be an important year for the City of Wichita Falls. We are looking to build
a yardstick to measure efficiency. We will utilize a yardstick this year to see
where money is being efficiently spent. In the Park Department they will be able
to see if the City can maintain our system of parks cheaper than an outside
consultant. We cannot say that today because we do not have that tool to do so.
It will not be in place for the first 50-70 percent of the year. The tax rate of
$.75 per $100 has been in effect for three years. The effective tax rate is 16.8
percent. We will be looking at rate increases requested by the utility companies.
We will be looking this year at building the yardstick in order to measure the
efficiency and effectiveness of the City. Next year we will have a better tool to
use. We have also to look at turning the tax burden off the taxpayer, and turn to
other sources of revenue.
The City Manager stated that the Activity Center is not tax supported. It is
supported by the hotOl-motel tax.
Mayor Cook stated that we want to shift the burden from the property owners,
but it will take some time to do that. It is their goal and purpose to streamline
the City government to make it more cost-effective. They want to become more
involved with the trimester allotment system. Additional money would not be given
unless these departments come to the Council and justify what they have spent.
Next year will be a building year to streamline the system.
Larry Ford mentioned an inflation rate of 8 percent on properties next year.
He asked if they had considered this, and put the 16.8 percent on top of it?
Alderman Wilson explained that the budget figure they came up with will be
based on what the tax roll is right now.
Mr. Ford asked what will happen with the four cents after the bonds are paid
off? Mayor Cook stated that the debt equity would not have to be funded at that
time. This year the effective tax rate should be 75 cents, as proposed. This is not
in addition to any eight percent.
Elvin Dudley stated that it sounds like the Council is adamant on the 16.8
percent. Mayor Cook explained that the Council has voted on greater than three
percent. They have not decided on anything higher than this. Mr. Dudley stated
that the Board of Realtors is very concerned about this. If the Council goes above
eight percent, the Board of Realtors will have to do something about it.
457
Item 3, cont'd.
Mayor Cook stated that they would take into consideration all the input they
have received this morning.
A gentleman noted the amount of his taxes between 1973-78. If the $.75 rate
is continued, his taxes would be several hundred dollars more this year than last
year.
Mayor Cook noted that it is their intention and goal to reduce the property
tax burden on the citizens of Wichita Falls and Wichita County, whenever possible.
We can begin to look at methods of shifting the burden to other areas instead of
the property owner.
The tax rate will be set on September 28, at 8:30 A.M.
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The Board of Aldermen adjourned at 10:16 A.M.
PASSED AND APPROVED this day of 1982.
Py 4Dok, Mayor
ATTEST:
'7A
Wilma J. Thomas, City Clerk
AGREEMENT AND LEASE OF PREMISES
AT
SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIR TERMINAL
THIS AGREEMENT, made and entered into as of the lst day of October,
1982, by and between the City of Wichita Falls, a municipal corporation
of the State of Texas (hereinafter referred to as the "City" ) , and
Texas Star Airlines, a corporation organized and existing under the
laws of the State of Texas (hereinafter referred to as the "Airline") .
W I T N E S S E T H
WHEREAS, the United States Air Force owns and operates an airport
known as Sheppard Air Force Base located in the County of Wichita, State
of Texas (which airport and any additions or improvements thereto or
changes therein which the United States Air Force hereafter makes or
authorizes are hereinafter collectively called "Air Force Base" ) , the
Air Force Base being shown in Exhibit A attached hereto and made a part
hereof; and
WHEREAS, the City leases a tract of land on the Air Force Base on
which are located a civil air terminal, ramp and supporting hangars
(which tract and any additions or improvements thereto or changes which
the City hereafter makes or authorizes are he 1.reinafter collectively
called the "Civil Terminal") , the Civil Terminal being shown in Exhibit
B attached hereto and made a part hereof; and
WHEREAS, the City has entered into an Agreement with the United
States Air Force which permits upon specified terms and under specified
conditions the use by civil aircraft of the Flying Field and necessary
appurtenances at the Air Force Base (which flying field and any
additions or improvements thereto or changes therein which the United
States Air Force hereafter makes or authorizes are hereinafter
collectively called the "Flying Field") , the Flying Field being shown
in Exhibit A; and
WHEREAS , the Airline is engaged in the business of air transportation
with respect to persons, property, cargo and mail; and
WHEREAS, the parties hereto desire to enter into an agreement for
the use of premises and facilities on said flying field and into an
Agreement for the lease and use of premises and facilities in the Civil
Terminal ,which shall be fully subject to and subordinate to the 1959 Lease
Agreement between the Secretary of the Air Force and the City of Wichita
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Falls;
NOW, THEREFORE, the parties hereto, for and in consideration of rents , coven-
ants and agreements contained herein, agree as follows :
ARTICLE I - PREMISES
City does hereby demise and let unto Airline, and Airline does hereby hire and
take from City, the following premises and facilities , rights, licenses and privileges on
and in connec.tion with the property and improvements specified as said Flying Field and
Civil Terminal , as more particularly hereinafter set forth:
(A) Use of Flying Field and Civil Terminal Areas. The use, as authorized by
that certain "Department of the Air Forte Lease of Property on Sheppard Air Force Base,
Texas" between the Secretary of the Air Force and ihe City of Wichita Falls , Texas,
effective 15 May 1959 and designated Contract DA-41-443-eng-5551 , which is incorporated
herein' by reference, in common with others authorized so to do, of said Flying Field
and Civil Terminal , the same bein g more particularly des.cribed in Exhibit A and Exhibit
B attached hereto, respectively, together with all facilities , improvements, equipment,
and servii es which have been or may have been or may hereafter be provided at or in
connectiz:�-; with said Flying Field and Civil Terminal from time to time, including without
limiting the generality hereof the landing field, runways , aprons, taxiways , sewerage and
water facilities, flood lights, landing lights, control tower, signals , radio aids,. and all
other conveniences for flying, landings and takeoffs of aircraft of Airline, which use---shall
consist of:
(1 ) The operation of a transportation system by aircraft for the carriage of
persons , property and mail (hereinafter referred to as "air transportation") ;
(2) The repairing, maintaining,_ronditioni ng, servicing and parking of aircraft
or other equipment of Airline, and of any other scheduled air transport operator (except.
as to storage and fueling) as an accommodation and not as an independent business , similar
to arrangements of a generally reciprocal nature under which airlines accommodate each
other at various airports;
(3) The training at the Flying Field and Civil Terminal of personnel in the
employ of or to be employed by Airline, and the testing of aircraft and other equipment,
it being understood that such. training and testing shall be incident to the operation. by
Airline of its air transportation system;
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The sale, disposal or exchange of Airline's aircraft, engines ,
accessories, gasoline, oil , grease, lubricants and other equipment or other fuel
or supplies, provided that such right shall not be construed as authorizing the
conduct of a separate business by Airline, but to permit Airline to perform such
junction as an 'incident to its opreration of an air transportation system, and
specifically, but without limitation, to permit the sale or disposal of any article
or goods used by, or bought for use by, the Airline in connection with its operation
of an air transportation system and provided that the Airline may not sell gasoline,
fuel , ..greases and other lubricAhts except.to any subsidiary or affiliated company
or except when the same are of a particular grade desired by others and not other-
wi se available (except from other air transport operators) at said Flying Field or
Civil Terminal ;
(5) The servicing by Airline or others of Airline's aircraft and other
equipment, by truck or otherwise, with gasoline, oil , greases, and other fuel or
other supplies required by Airline; such right to include (upon Airline's exercise
of the op tion specified in subsection JE) of this Article) , without limiting the
generality hereof, the right to install and maintain on. said Civil Terminal area
adequate storage facilities for such gasoline, oil , greases and other fuel or supplies
either underground or on the surface, together with the necessary pipes, pumps,
motors , filters and other appurtenance incidental to the use thereof;
(6) The landing, taking-off, parking, loadinq and unloading of Airline's
aircraft or P-ther equipment;
(7) The right to load and unload persons, property and mail at said Civil
Terminal by such motor cars, busses*, trucks orothermeans of conveyance as Airline
may desire or require in the operation of its air transportation system, with the
right to designate the particular carrier. or carriers who shall or may transport
said persons ,' property and mail to and from the Civil TerTninal ; provided, however,
that such carrier or carriers may be required by City to comply with rules and
regulations' of City and to pay to City such fees as are *provided for in Article IV
hereof; and provided further that the foregoing shall not be construed as imposing
upon City any obligation other than the granting of such right;
(8) The right to install , maintain and operate, in any space leased for
its exclusive use, a cafeteria or restaurant, or other food and beverage-preparing
and dispensing establishment, an d the right to cook, prepare and serve therein foods
and beverages for consumption and use by Airline's employees and passengers and
guests on its aircraft operating from said Flying Field and Civil Terminal , and to do
-3-
any and all things necessary required or convenient in connection therewith; provided
that nothing in this paragraph contained shall be construed as giving Airline the
right to operate a public cafeteria or restaurant;
(9) The r.ight to install and operate advertising signs on the leased premises ,
the general type, size and design of such signs to be subject to the approval of
City's Airport Manager, such approval not to be unreasonably withheld;
(10) The right to install , maintain and operate such radio, communications ,
meteorological and aerial navigation equipment and facilities in, on and about the
premises herein leased as may be necessary or convenient in the opinion of the Airline
I
for its operations, subject to the approval of the City's Airport Manager, such
approval not to be unreasonably withheld;
(11 ) The conduct of any other business or operation reasonably necessary
to the proper conduct and operation by Airline of an air transportation system for
the carriage of persons , property and mail by aircraft in domestic or foreign commerce;
(12) The .rights and privileges granted Airline under this Article I with
respect to the performance of ground services and activiti:es in connection with its
air transportation operations at the Flying Field and Civil Terminal may be exercised
by Airline for and on behalf of any other air transportation company or companies
authorized by City to use the Flying Field or Civil Terminal or for and on behalf of
Airline by such otber company or companies or by an airport terminal corporation or
an airline servic( corporation. Without limitation, such rights and privileges shall
be deemed to include all activities inci.dental to the handling of reservations , the
ticketing of passengers , the receipt, dispatch, loading, unloading and storage of
passengers and their baggage, property, cargo and mail , and all ramp, repair, maintenance,
storage: fueling and dispatching services incidental to the operation of aircraft at
the Flying Field and Civil Terminal . Without limitation, such rights and privileges
shall be deemed to include all aircraft operated by, as well as owned by Airline.
(B) Space in Passenger Terminal Building. The exclusive use of 1.00 square
feet of space in the passenger Terminal Building of Civil Terminal Area, as shown on
Exhibit C attached hereto and made a part hereof, for such uses as Airline may desire
to make thereof in connection with or incidental to its .operation of an -air trans-
portation system, I such uses to include, without limiting the generality hereof, the
sale of tickets, manifesting of passengers , handling of mail , baggage and cargo, and
the operation of a general traffic, operations and communications office.
-4-
(C) Public Space in Passenger Terminal Building. The use by
Airline, its employees, passengers, guests, patrons and invitees, in,
common with others, of all public space in said Passenger Terminal
Building and all additional public space which may hereafter be made
available in said Passenger 'Terminal Building, including, without
limiting the generality hereof, its lobby, waiting room, hallways.,
restrooms and other public and passenger conveniences.
(D) Parking Space. The use by Airline and its employees, passengerst
guests, patrons, and invitees, in common with others, 6f .a.n adequate
vehicular parking space located as near as possible to the Passenger
Terminal Building. A reasonable charge may be made for the use of .such
parking space.
(E) Aviation Fuel Storage Facilities. The option at any .tim,6
during the term hereof, on thirty . (30) days ' written notice to City .to
lease the exclusive use of sufficient ground space for the installation
of tanks and equipment to store, load and unload Airlinels. requir'ements
of gasoline or fuel. Said ground space shall be located on said Civil
Terminal, the exact location thereof to be determined by mutual agree-
ment of City and Airline at the time of exercise of .optioa, or, if .AirliRe
so elects, it may utilize storage facilities located off .said Civil
Terminal. City agrees to grant to Airline such rights of .way and
easements -as may be necessary .for the installation of .undergrouhd pipes
from Airline' s storage facilities on Civil Terminal to unloadin� facilities.
(F) Right of Access, Ingress and Egress. The full, free . and
unrestricted access and ingress to and egress from the premises outlined
in (A) through (E) above, for Airlirxe, -its employees, passengers, guests,
patrons, invitees, suppliers of .materials and furaishers of .servicie,
its or their aircraft, equipment, vehicles, machinery and other property.
(Except, however, a reasonable charge may be made for the use of such
parking space. )
ARTICLE II TERM
Airline shall have and hold said premises, facilities, rightst
licenses and privileges set forth in Paragraphs (A) through (F) of
Article I for a term of one (1) year, beginning October 1, 1982 and
ending September 30, 1983 .
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ARTICLE III
LANDING FEES
AND PASSENGER TERMINAL RENTALS
During the one lease year, from October 1, 1982 through September
30, 1983, payments, fees and charges for the use of .all of .the premises,
facilities, rights, licenses, services and privileges granted hereunder,
except those for which payments are otherwise specifically .provided in
this Agreement, shall be combined in and represented by a landing fee,
passenger terminal building rental and public address system rental, as
hereinafter set out in this Article III. The $1. 83 portion of .the
landing fee will remain constant throughout the term of .this' lease unless
that figure is increased by the U. S. Government.
(A) Landing Fee. For each and every revenue aircraft arrival at
the Flying Field during the year ofthis lease, Airline agrees to pay
City a landing fee of .an amount equal to $1. 83 per landing plus thirteen
and two tenths cents ($0. 132) per thousand pounds (1, 000 Abs. ) '.of
Federal Aviation Administration approved maximum gross landing weight
of such aircraft as certified to the City by each carrier. ' The term
11revenue aircraft arrival" as used herein shall mean any aircraft arrival
for which the Airline has received or made a monetary fee or charge, .
including, without limitation, scheduled trips and charter, sightseeing
and other trips for which revenue is received, but excluding, without
limitation, ferry, test, courtesy, inspection or other trips for which
no monetary fee or charge is received and arrivals of .aircraft which
are forced to land at the Flying Field because of meteorological conditions,
mechanical or operating causes or for a similar emergency or precautionary
reason. The term "approved maximuvt gross landing weight" for any air-
craft as used herein shall be the -maximum gross landiRg weight approved
by the Federal Aviation Administration for landing such aircraft.
The Landing Fee provided for in this Article III (A) shall be
subject to an adjustment upward or downward, if .requested by .City in
writing, at any time that the United States terminates use of .sheppard
Air Force Base as a military installation, as provided for in' Section
25g of Contract DA-41-443-eng-5551. In such event, the parties agree
to attempt, in good faith and immediately, to reach an agreement as to
the landing fee to be paid by Airline effective from and after the date
City assumes responsibility for control and maintenance of the landing
areas, runways and taxiways and necessary appurtenances. In the event
the parties are unable to reach such agreement within sixty (60) days
_r_
from the date of receipt by Airline of City' s request for renegotiation,
the present fee shall continue in effect, . or City may cancel and terminate
this Agreement by thirty (30) days written notice to Airline.
(B) Passenger Terminal Building_ Rental. Airline will pay the City
a monthly rental for the spa*ce in the Passenger Terminal Building leased
pursuant to Article I (B) , and designated on Exhibit C as ticket counter
space; and for use of the public address system. city will supply heat,
lights and electricity to all such spaces, and will supply air conditioning,
lamps and janitor service to Airline' s lease space within the Passenger
Terminal Building, at no cost to Airline. The rental will be charged
according to the .following schedule:
office and -Ticket Counter Space:
100 square feet at $10. 85 per square foot per annum, bein4 $1, 085- 00
per year, or $90. 42 per month.
Public Address System:
$420. 00 per year, being $35. 00 per month.
(C) Statements and Payments. Airline Shall, within five (5) days
following the end of each month, submit to City a report of the numbers
of Airlinels revenue aircraft landings during such month as outlined
above at the Flying Field, and City shall, following receipt of Airline' s
statement, transmit to Airline an invoice for fees, rentals and charges
incurred by Airline during said month as above provided.
The foregoing payments shall be made on or before the 20th day of
each calendar month next succeeding that for which payment is being
made; provided, that in no case will said amount be payable until fifteen
(15) days after receipt by Airline of a written invoice therefor from
City. Anything herein to the contrary notwithstanding, in the event
that Airline ' s operations at the Airp' ort are suspended during the term
hereof because of or related to acts of war, civil commotion, in-
surrection, riot, fire, flood, accident, storm, acts of ,God, breakage
or failure of machinery or equipment, inability to obtain fuel, material
or equipment, or the authority to use the same, orders , rulings,
regulations or restrictions of governmental, judicial or administrative
authority,, strikes, labor slowdowns or disputes , or any other cause
(whether similar or dissimilar) beyond the reasonable control of Airline,
then during such periods of suspensioa, the following shall be applicable:
-7-
The payment of all fees and charges shall be suspended during
such period but such fees and charges shall accrue and become payable
thirty (30) days after the termination of such period of suspension.
(2) The provision set out above relating to the -use of revenue
aircraft arrivals to compute a Landing Fee will be applicable, and
Airline shall be required to pay a Landing Fee computed as set forth
in Article III A, Landing Pee, above based upon the actual landings
completed during such period.
All unpaid monies due the City hereunder shall bear a service charge
of one and one half (1 1/2%) per month if same is not paid* and received
by City as provided above. Airline shall pay and discharge all costs
and expenses, including attor P eys fees, incurred or expended by City
in collection of said delinquent amounts due.
ARTICLE IV OTHER CHARGES OR FEES
it is agreed that no charges, fees or tol1. s, -other than herein
expressly provided for, shall be charged or collected from Airline by
City or any other person, firm or corporation presently or in' the future
having any interest in said Civil Terminal or any part thereof . (except
fixed base operators, operating under contract with City, may charge
for storage, gasoline, fuel or services ordered from them by Airline) ;
provided, however, that City .may levy a reasonable charge against any
taxi, limousine or other company or operator carrying passengers to
and/or from said Civil Terminai other than transportation paid for by
Airline as the result of cancelled or interrupted flights.
ARTICLE V - RIGHT TO LEASE PROPERTY
City represents that it has , thp right, power and authority to enter
into this Agreement with respect to said property specified herein as
the Flying Field and Civil Terminal, together with all the facilities,
rights, licenses and privileges herein granted.
ARTICLE VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Airline shall have the full right of purchasing at said' Civil
Terminal its requirements of gasoline, fuel, lubricating oil, grease
or any other materials or supplies from any person, or company of its
choice, and no charges, fees or tolls of any kind except as herein
expressly set forth shall be charged by City (or arty other person, firm
or corporation presently or in the future having 4ay interest in said
Civil Terminal or any part thereof) against Airline or its suppliers
for the privilege of using, storing, withdrawing, handling, consuming
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or tr.ansporting the same to, from or on said Civil Terminal.
ARTICLE VII - MAINTENANCE AND OPERATION OF AIRPORT
City agrees that it will maintain the said Civil Terminal and
appurtenances in such manner as to comply with all appropriate local,
State and Federal regulatory authorities having jurisdiction, thereof,
and so that they are suitable and adequate for Airlin*els- operations.
City agrees during the term of this Agreement to maintain and
operate and to keep in good repair said Civil Terminal, including
Passenger Teri�inal Building' and the appurtenances, f acil-Ities and services
now or hereafter connected therewith, including, without limiting the
generality of the foregoing, all appurtenances and facilities which
the City has agreed hereunder to furnish or supply, and to -keep said
Civil Terminal free from obstructions for the safe, convenient and
proper use thereof by Airline.
It is expressly understood that the City will, keep the public*
space in the Passenger Terminal Building attractively furnished, and
will provide and supply, with respect to said building, adequate light,
water and electric power for the public space and Airline ' s exclusive
space therein and adequate heat and air conditioning sufficient to keep
the Passenger Terminal Building at all times at a reasonably comfortable
temperature, and will keep' the- said public spaces at all times, clean,
neat, orderly, sanitary and presentable.
ARTICLE VIII - RESTAURANT
The City convenan�s and agrees to use its best efforts to provide
in the Passenger Terminal Building a suitable restaurant which shall
serve good food at reasonable prices and shall remain open during the
term hereof such hours each day as to be reasonably available to
Airline' s passengers and employees. The City agrees to give due con-
sideration to any suggestions or complaints of Airline with respect
to said restaurant, and, if reasonably possible, to change the
concessionaire within a reasonable time after written demand of a
majority of the scheduled air transportation airlines if ,su ch written
demand is based on good and sufficient cause.
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ARTICLE IX - BUILDING AND IMPROVEMENTS BY AIRLINE
The Airline may at its own cost and expense erect on or install
in the Aviation Fuel Storage Premises, or any other space which is or
may be exculsively leased to the Airline hereunder, any buildings,
structures or facilities, including but not limited to, storage tanks
or equipment above or under ground, that it shall determine to be
necessary for use in connection with its air transport operatiorks,
provided that any building or structure erected shall conform insofar
as practical to the general' exterior architectural design of the
Passenger Terminal Premises then in use on said Civil Termin.41, and
provided further that plans and specifications for any such building,
structure or facility shall be subject to approval by ,.C.ity, such
approval not to be unreasonably withheld. No restrictions shall be
placed on the Airline as to the architects, builders or contractors
who shall be employed by it in connection with the erection or in'-
stallation of any such building, structure or facility and the City
shall provide free ingress and egress to and from the .said spaces
for any person or material or thing connected with such erection or
installation.
Any such building, structure or facility erected or installed by
Airline shall not become a part of the land on which it is erected but
shall be and remain the property of Airline, except as may be otherwise
agreed in writing between City and Airline priok to the erection' or
installation thereof.
Airline shall not make or permit any additiorls, improvements or
alterations to the area leased to it in -the Passeager. Termin.41 Building
without prior written consent of City, such consent not to be unreasonably
withheld. Any such additions, improvements or alterations made with
cons.ent of City shall be solely at the expense of Airline and, unless
such consent specifically provides that title to the addition or
improvement so made shall vest in Airline, title thereto shall at all
times remain in City and such additions or improvements shall be subject
to all terms and conditions of .this instrument.
_10-
ARTICLE X - OPTION 10 -71ONAL SPACE
The Airline shall have the right and option at any time and from time to
time during the term hereof to lease any additional space or parcels of land at the
Civil Terminal not necessary to the operation of the Flying Field and Civil Terminal
and at the time not leased to others, whether such space or parcels of land are
adjacent to any space leased he reunder or otherwise, for the exclusive use of Airline,
upon the' terms and conditions set forth herein and at a rental mutually agreed upon
by City and Airline, which rental shall be uniform, non-discriminatory and at the
rate then currently effective for the same or similar type of space or parcels of
land on the Airport; provided that any such additional space or parcels of land
shall be ;zt locations appropriate for the purpose intended and fitting in with the
master plan .of the Flying Field and Civil Terminal .
ARTICLE XI RULES AND REGULATIONS
Airline covenants and agrees to observe and obey all reasonable rules and
regulations now in effect and which may from time to time during the term h.ereof
be promulgated and enforced by City for the conduct and operation of tile Flying Field
and Civil Terminal ; provided -that such rules and regulations shall be consistent
with the safety and with rules, regulations and orders of the Federal Aviation
Admini stration With respect to aircraft operations at the Flying Field and Civil
Terminal ; and provided further that such rules and regulations shall not be in
consistent with the provisions of this Agreement or the procedures prescribed or
approved from time to time by the Federal Aviation Administration with respect to
the operation of Airline's aircraft at the Flying Field and Civil 'Terminal .
ARTICLE XII - DAMAGE OR DESTRUCTION OF BUILDING
if any building in which Airlin-e-occupies exclusive space hereunder shall
be partially damaged by fire or other casualty but not rendered untenantable, the
same shall be -repaired with due deligence by the City at its own cost and expense.
If -the damage shall be so extensive as to render the premises untenantable but
capable of being repaired in thirty (30) days , the same shall be repaired with due
diligence by the City at its own cost and expense, and the rent payable hereunder
with -respecIL: to the Airline 's exclusive space and the services therewith shall be
proportionately paid up to the time of such damage and shall thenceforth cease
until such time as the premises shall be in order. In case said building is completely
destroyed by fire or other casualty or so damaged that it will remain untenantable
for more than thirty (30) days, or in case it does so remain untenantable for more
than thirty' (30) days, then either (1 ) the City may repair or reconstruct said
building with due diligence and the rent payable hereunder with respect to Airline's
exclusive space and the services therewith in said building shall be proportionately
paid up to the time of such damage or destruction and shall thenceforth cease until
su6h time as the premises- shall be put in order; or (2) -if City has not begun and
prosecuted su-ch repair or reconstruction with due diligence within sixty (60) days
after the time of such damage or destruction, Airline may give City notice of its
intention to cancel this lease or to cancel such part of this lease as relates onlyt
to said building, in which case this lease or such part of this lease as relates
only to the said building shall forthwith cease and terminate.
ARTICLE XIII - CANCELLATION BY CITY
In the event that Airline shall file a voluntary petition in bankruptcy
or that proceedings in bankruptcy shall be instituted against it and Airline is
thereafter adjudicated bankrupt pursuant to such proceedings , or that the Court
shall take jurisdiction of Airline and its assets pursuant to proceedings brought
under the p ro visions of any Federal reorganization, act, or that a receiver of
Airline's assets shall be appointed, or that Airline shall be divested of its estate
herein by other operation of law, City may declare this lease terminated, and the
term hereby demised shall thereupon cease.
In the event Airline shall fail to perform, keep and observe any of the
terms, covenants or conditions herein contained on the part of Airline to be performed,
kept or observed, City may give Airline notice in writing to correct such condition'
or cure such default, and, if such condition or default shall continue for thirty
(30) days after -the receipt of such notice by the Airline, City may declare this
lease terminated, and the term hereby demised shall thereupon cease.
The acceptance of rental by City for any period or periods after a default
of any of the terms, covenants or conditions herein contained to be performed,
kept and observed by Airline shall not be deemed a waiver of any right on the part
of City to cancel this lease for failure by Airline so to perform, keep or observe
any of the term, covenants or conditions hereof to be performed, kept and observed.
No waiver of default by City of any of the terms, covenants or conditions hereof
to be performed, kept and observed by Airline shall be construed to be or act as a
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waiver of- any subsequent default of any of the terms, covenants and conditions
�erein contained to be performed, kept and observed by Airline.
City may also terminate this lease by written notice to Airline in the
event of the assumption by the United States Government or any authorized agency
thereof of the operation, control or use of said Flying Field, Civil Terminal and
facilities or any substantial part or parts thereof in such manner as to prevent
the City, for a period of at least ninety (90) days, from performance of its
obligations under the terms, covenants and conditions hereof to be performed, kept
and observed by City�
Issuance by any Court of competent jurisdiction of an injunction in any way
preventing or restraining the use of said Flying Field or Civil Terminal or any part
thereof for Airport purposes, and the remaining in force -of such injunction for a
period of at least fifteen (15) days , shall authorize City to suspend such lease on
written notice to Airl ine, for the period of such injunction, provided that all fees
and charges due hereunder shall abate for such period.
ARTICLE .XIV - CANCELLATION BY AIRLINE
Airline, in addition to any right of cancellation or any other right herein
given to Airline, may cancel this Agreement, in whole or only insofar as it relates
to any. building, and terminate all or any of its obligations hereunder at any time,
by thirty (30) days ' notice to City, upon or after the happening of any one of
the following events.
(A) The failure or refusal of the Federal Aviation Administration to
continue to grant Airline the right to operate into and from said Flyi,ng Field and
Civil Terminal ;
(B) The termination. of Airline's obligation or right (imposed by contract
or otherwise) to the Federal Government for the carriage of United States air mail
to, from or through the Wichita Falls metropolitan area or its environs ;
(C) . The failure or refusal to designate, or the withdrawal of such
designation, by the U.S. Postal Service or any other competent governmental authority,
of the said Flying Field and Civil Terminal as the terminal point for the Wichita
Falls metropolitan area and its environs , for the receiving and dispatching of
United States air mail ;
(R) . Any action of the Federal Aviation Administration. or the Civil
Aeronautics Board or the Texas Aeronautics Commission as it pertains to any
individual carrier refusing to permit Airline to operate into, from or through-� said
Flying Field and Civil Terminal such aircraft as Airline may reasonab1y desire to
operate thereon;
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(E) The breach by City of any of the covenants or agreements herein
contained and the failure of City to remedy such breach for a period of thirty
(30) days after receipt of a written notice of the existence of such breach;
(F) The inability of Airline to use the Flying Field or any of the premises ,
facilities , rights, licenses, services or privileges leased to Airline hereunder
for a period in excess of thirty (30) days bE!cause of any law or any other, rule
or r-egulation' of any appropriate governmental a-uthority having jurisdiction over
the operations of Airline, or because of war, earthquake or other casualty;
(G) The assumption by the United States. Government or any authorized
agency thereof of the use, maintenance or operation of said Flying Field, Civil
I
Terminal and facilities or any substantial part or parts thereof in such manner as
to prevent the full use and enjoyment by the Airline of its rights under this lease;
(H) The erection of any obstacle on or in the vicinity of said Flying Field.
whi ch would occasion a cancellation of Airline's air carrier operating certificate
or similar authorization establishing minimum safety standards for the operations
of Ai rl i ne.
(1) if by reason of any action or non-�ction of the Civil Aeronautics
Board or 6tbe-r3overnmental agency having jurisdiction to grant a certificate of
convenience anG necessity or similar document authorizing the Airline to operate
aircraft 'in or out of the Flying Field and Civil Terminal , whether or not such
action is initiated by Airline (including action in the nature of alteration,
amendment, modification, suspension,. cancellation or revocation of any such
certificate o I r document in whole or part) , the Airline shall cease to have authority
to operate aircraft in or out of the Flying Field and Civil Terminal pursuant to
such certificate or document.
(J) , issuance by any Court of competent jurisdiction of an injunction in
any way preventing or restraining the use of said Flying Field or Civil Terminal
or 'part thereof for airport purposes, and the remaining in force of such injunction
for -a period of at, I east f i f teen (15) days , shal I authori ze Ai rl i ne to suspend such
lease on written notice to City, for period of such injunction, provided that all
fees and charges due hereunder shall abate for such period.
(K) if, by reason of any shortage, allocation, or unavailability of jet
fuel , it becomes necessary for Airline to suspend or cancel service, to, through, or
from I City, and such suspension or cancellation continues for a period of at least
fifteen (15) days , then during such time of suspension or cancellation all obligations
hereunder shall be abated until such time as scheduled service resumes.
No waiver of default by Airline of any of the terms , coven�nts or conditions
-14-
hereof to be performed, kept and observed by City shall be construed to be or act
as a waiver by Airline of any subsequent default of any of the terms , covenants
and conditions herein contained to be performed, kept and observed by City.
ARTICLE XV - INDEMNITY AND INSURANCE
Airline agr ees to indemnify and hold City harmless from and aga*inst all
liability for in'Juries to persons or damage to property caused by Airline's negligent
use or occupancy of the, Flying Field and Civil Terminal ; provided however, that
Airline shall not be liable for any injury, damage or loss oc* casioned'by the
negligence of City, its agents or employees; and provided further that City. shall
give to Airline prompt and timely notice of any claim made or suit instituted which
in any way, directly or indirectly, contingently or otherwise, affects or might
affect Airline, and Airline shall have the right to compromise and defend the same
to the extent of its own interest.-
Airline shall at all times during the term of thi-s Agr"eement maintain in
force at its sole cost and expense a policy or policies of insurance which will
insure the City, its officers and employees , against liabilit� for injury to-lot
death -of- 'An-y person., or damage to or loss or destruction of any property arising
out of Airline's use or occupancy of the Flying Field and Civil Terminal , except
liability arising out of the negligence or willful misconduct of Cityi its officers
or employees. Such insurance shall be issued by a responsible insurance company
and shall have the following minimum coverage:
a. $1 ,000,000 per occurrence bodily injury liability.
b. $1 ,000,000 per occurrence property damage liability.
Said insurance coverage shall remain in full force and effect during the term of
this lease and shall name City and its officers and employees as additional, insureds
and shall be primary insurance to the full limits of liability required hereunder.
If City, its officers and employees have insurance coverage which also applies to
any -loss covered by the insurance maintained by Airline, any other insurance shall
be excess insurance only, since policy or policies shall be endorsed to recognize
and insure the obligation assumed by Airline hereunder.
Airline shall furnish to City a Certificate of Insurance evidencing that
the coverage required hereunder is in full force and effect. Said policy of
insurance shall contain an endorsement requiring that City be given at least twenty
(20) days prior written notice before said policy may be cancelled, terminated or
materially changed.
Airline shall also at its sole cost and expense maintain during the term
of this lease all insurance coverage required under the Workmen's Compensation- laws
-15-
of -the State of Texas for the benefit of Its employees.
ARTICLE XVI - COVENANT NOT TO GRANT MORE FAVORABLE TERMS
City covenants and agrees that it Will not charge a more favorable rental ,
fee or charge, or grant more fay.9rable terms to any other air transport operator
with respect to the use of said Flying Field or Civil Terminal than this lease,
or grant to any other air transport operator rights, privileges or concessions
with respect to the said Flying Fiel d or Civil Terminal which are not accorded to'
the Airline hereunder, unless the same more favorable terms , rights , privileges
and concessions are concurrently and automatically made. available to the Airline.
ARTICLE XVII - QUIET ENJOYMENT
City agrees that, on payment of the rent and performance of the covenants
and agreements on the part of the Airline to be performed hereunder, Airline shall
peaceably have and enjoy the leased premises and all the -rights and privileges of
said Flying Field and Civil Terminal , its appurtenances and facilities, as herein
provided.
ARTICLE XVIII - SURRENDER OF POSSESSION
Airline agrees to yield 'and deliver to City possession of the premises
leased herein at the termination of this lease,'.by expiration or otherwise, or of
any renewal or extension hereof, in good condition in accordance with its express
obligations hereunder only, except for damage due to reasonable wear and tear, fire .
and other casualty, and Airline shall have the right at any 'time during said term,
or any renewal or extension thereof, and for one year after the expiration or
termination thereof, to remove any buildings structures or facilities it may erect
on or install in the Aviation Fuel Storage Premises or other space exclusively
leased hereunder and to remove all fixtures and equipment and other property in-
stalled or placed by it at its expense in, on or about the premises herein leased
and said Flying Field and Civil Terminal , such fixtures and equipment and other
property to include, without limitation, storage- tanks, pipes , pumps , wires . poles ,
machinery and air conditioning equipment; subject, however, to any valid lien which
City may have thereon for unpaid rents or fees.
ARTICLE XIX - DEFINITION OF TERMS
Whenever the terms "Federal Aviation Administration" and "Civil Aeronatics
Board" are used in this Agreement, they shall be construed as refe&i.ng to the
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F.ederal Aviation Administration and the Civil Aeronatics Board created by the
Federal Government under the Federal Aviation Act of 1958, or to such other agency
or agencies of the Federal Government as may from time to time be the successor
thereto or be vested with the same or similar jurisdiction over the Airline or its
business.
ARTICLE XX - ASSIGNMENT OF LEASE
Airline shall not assign nor transfer this Agreement nor any privileges
hereunder and shall not assign nor sublet or mortgage all or any part of the premises
leased hereby, whether voluntarily or involuntarily, without the prior written
consent of the City, which consent shall not be unreasonably withheld.
ARTICLE XXI NONDISCRIMINATION
Airline agrees it will not, on the grounds of race, color, national origin,
sex or.cree&. discriminate or permit discrimination against-any person or group
of persons in the manner prohibited by Part 15 of the Federal Aviation Regulations.
City reserves the right to take such action as the United States may direct to
enforce thi. provisions of this covenant.
ARTICLE XXII - SPONSORS' ASSURANCES
This I-ease Agreement shall be subject to the terms of any sponsors' assurances
ts required between*City and the Federal Aviation Administration or any
and agreezen
successor federal agency.
ARTICLE XXIII - NON 'EXCLUSIVE RIGHTS
it is understo od and agreed that nothing herein contained shall be construed
to grant or authorize the granting to Airline of an exclusive right, other than the
exclusive right to use that space in the Passenger Terminal Building described in
Aritcle I ' (B) . -
ARTICLE XXIV - CITY AGENT
City hereby designates its Airport Manager, as well as its City Manager,
and such official as he may designate, as its official representative, with the
full power to represent City in all dealings with Airline in connection with the
premises herein leased.
ART1CLE XXV - NOTICES
Notices to City provided for herein shall be sufficient if sent by
-1*7-
registerec or cer-Li-_iec mai-L , postage prepaio, a0cressea to Airport
Manaaer, Wichita Falls Municipal Airport, Route 4 , Box 8 , Wichita Falls,
Texas 76301,and notices to Airline, if sent by registered or certified
mail , postage prepaid, addressed to Texas Star Airlines, Meacham Field,
Fort Worth, Texas 76106 or to such other respective addresses as the
parties may designate in writing from time to time.
ARTICLE XXVI - DEVELOPMENT OF WICHITA FALLS 'MUNICIPAL AIRPORT
City reserves the right to further develop or improve the Civil
Terminal as it sees fit. If the physical development of the Civil
Terminal requires the relocation of Airline, City agrees to provide a
comparable location and agrees to relocate all buildings or provide
similar facilities for Airline at no cost to Airline.
ARTICLE XXVII - HEADINGS
The article and paragraph headings are inserted only as a matter
of convenience and for reference and in no way define,limit or describe
the scope or intent of any provisions of this lea§e.
ARTICLE XXVIII --INVALID PROVISION
It is further expressly understood and agreed by and between the
parties hereto that in the event any covenant, condition or provision
here contained is held to be invalid by any court of competent jurisdiction,
the invalidity of any such covenant,condition or provision shall In no
way affect any other covenants, conditions or provisions herein contained;
provided however that the invalidity of any such covenant,condition or
provision does not materially prejudice either City or the Airline in
their respective rights and obligations contained in the valid covenants,
conditions or provisions in the Agreement.
;N WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year fir:-t above written.
CITY OF WICHITA FALLS
BY:
Stuart A. Bach, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney TEXAS STAR AIRLINES
BY:
Exec. Vice Pres�ident and
ATTEST: General manager
Secretary
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