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HomeMy WebLinkAbout1998-142ORDINANCE NO 06 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE ON BEHALF OF THE UNITED STATES OF AMERICA TO ALLOW THE FEDERAL AVIATION ADMINISTRATION TO USE MUNICIPAL UTILITY POLES TO SUPPORT AN AERIAL CABLE ASSEMBLY AT THE DENTON MUNICIPAL AIRPORT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is authorized to execute a License on behalf of the United States of America to allow the Federal Aviation Administration to use municipal utility poles to support an aerial cable assembly for a 150-foot cable span crossing the creek between light stations 16 and 18 of the MALSR for Runway 17 at the Denton Municipal Airport, under the terms and conditions contained within the License, which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1L_ day of Jbj , 1998 JA FILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ATTORNEYAPPROVED AS TO LEGAL FORM 7iG,,.'ked.G P \ her Wept\LOL\Our MCC nu\0M1=ces\98\AM license &c US Department of Transportation FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 License No DTFA07-99-L-01007 Use of Municipal Utility Poles (MALSR, Runway 17) Denton, Texas LICENSE 1 For and in consideration of the benefit to the Denton Municipal Airport and to the general public utilizing same, the undersigned hereinafter referred to as the Licensor, hereby grants to the UNITED STATES OF AMERICA, the license, right, and privilege of using municipal utility poles to support an aerial cable assembly which is located as follows 150-foot cable span crossing the creek between light stations 16 and 18 of the MALSR for Runway 17, as more particularly shown circled in red on FAA Drawing SW-D-8983-1, dated March 4, 1977, attached hereto and made a part hereof 2 This license shall become effective October 1, 1998, and shall remain in force until September 30, 2018, and may, at the option of the Government, be renewed from year to year The Government's option shall be deemed exercised and the license renewed each year for one year unless the Government gives 30 days' notice that it will not exercise its option before this license or any renewal thereof expires, PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 2018 3 Cancellation The Government may terminate this license at any time by giving at least 30 days' notice in writing to the Licensor Said notice shall be sent by certified or registered mail 4 Officials Not To Benefit No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this license, or to any benefit arising from it However, this clause does not apply to this license to the extent that this license is made with a corporation for the corporation's general benefit License No DTFA07-99-L-01007 Use of Municipal Utility Poles (MALSR, Runway 17) Denton, Texas 5 The Licensor hereby warrants that it has acquired and possesses an adequate real estate right in the property described herein, and that it is authorized to grant to the United States of America, the rights and interests set forth herein 6 Non -Restoration It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this license It is further agreed the Government may abandon in place any or all of the structures and equipment installed in or located upon said property of the Licensor Notice of abandonment will be conveyed by the Government to the Licensor in writing 7 Covenant Against Contingent Fees The Licensor warrants that no person or agency has been employed or retained to solicit or obtain this license upon an agreement or understanding for a contingent fee, except a bona fide employee or agency For breach or violation of this warranty, the Government shall have the right to annul this license without liability or, in its discretion, to deduct from the license consideration, or otherwise recover the full amount of the contingent fee Dated this /q-M day of �la� 1998 CITY OF DENTON, TEXAS BY. TITLE City Manager THE UNITED STATES OF AMERICA BY: Nina B Nehgh TITLE• Contracture Officer License No DTFA07-99-L-01007 Use of Municipal Utility Poles (MALSR, Runway 17) Denton, Texas CORPORATE CERTIFICATE I, Jennifer Waiters , certify that I am the ri ty,S r ary of the Corporation named in the foregoing agreement, that Ted Benavides who signed said agreement on behalf of said corporation, was then city Manager thereof, that said agreement was duly signed for and in behalf of said corporation by authonty of its / governing body, and is within the scope of its corporate powers Dated this /� day of _ `� ,� 19 98 Signedby L1/ CORPORATESEAL rV7- C � ` el% J � OW L „ „ p6l � ei 1 t t e