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HomeMy WebLinkAbout1971-052 NO 7/ AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE FIRST STATE BANK OF DENTON, PERMITTING SAID BANK TO OCCUPY CERTAIN AIR SPACE OVER PORTIONS OF WALNUT STREET AND AUSTIN STREET TO CON- STRUCT AND MAINTAIN AN ELEVATED MULTI-LEVEL STRUCTURE FOR VEHICLE AND PEDESTRIAN USE, PROVIDING CERTAIN REQUIREMENTS, CONDITIONS AND TERMS FOR SUCH USE, IMPOSING CERTAIN FEES, AND DECLARING AN EFFEC- TIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS That Alexander M Flnlay, Jr , Mayor, is hereby authorized and d~rected to sign and execute that certain agreement by and between the City of Denton and the First State Bank of Denton, granting unto sa~d F~rst State Bank the exclusive right and permIssion to use and occupy certain portions of the a~r space above the public streets desorlbed thereln at a height beglnnlng no less than fifteen (15) feet above the crown of pavement of each street, for the purpose of constructing and malnta~nlng two (2) multi-level structures, and which agreement ~s marked Exhibit "A" and attached to th~s ordinance for the purpose of ~dent~f~cat~on That such signing by sald Mayor shall be an official act of the C~ty of Denton and shall thereupon grant said Bank the permission r~ght and privilege stated in sa~d Agreement according to ~ts terms and conditions That th~s ordInance shall be and become effective twenty-one (21) days after its flnal passage and approval, during which period the C~ty Secretary shall publlsh the full text on two consecutive weeks PASSED on first readlng the 12th day of October, A D 1971 FINALLY PASSED and APPROVED th~s 26th day of October, A D 1971 ALEXANDER M FIN~AY, JR ~AY~ CITY OF DENTON, TEXAS ~ ATTEST /~ BROOKS~~Y APPROVED AS TO LEGAL FORM  K Q BARTON,-CITY ATTORNEY Y OF DENTON, TEXAS &q~ CONSENT AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT made and entered into this the 1st day of January , A D 1972, by and between the C~ty of Denton, a Municipal Corporation of Denton County, Texas, acting here~n by and through Alexander M Flnlay, Jr , ~ts duly authorized Mayor, and the F~rst State Bank of Denton Texas, a Corporation, here~n- after called Bank, acting herein by and through Wm C Orr, Jr , · ts duly authorized President, WITNESSETH I For and in consideration of the payment by the Bank of the amount set out below and the true and faithful performance of the mutual covenants here~n contained, the C~ty of Denton hereby grants unto sa~d Bank ~_he exclusive r~ght and permission to use and occupy the portions of the a~r space above the public streets described below for the purposes and in the locations hereinafter described, at a helght beglnnlng no less than f~fteen (15) feet above the crown of pavement of each street, to-w~t The construction and maintenance of enclosed multi-level structures not more than 20 feet in w~dth across Walnut Street, and not more than 120 feet an w~dth across Austin Street, as follows 1 BEGINNING at the southeast corner of Block 8 of the Original Townslte of Denton, Texas, THENCE south 0° 22' 55" east 60 0 feet to a polnt for a corner, THENCE west 0° 16' 40" south 20 0 feet, T~ENCE north 0° 22' 55" west 60 0 feet, THENCE east 0° 16' 40" north 20 0 feet to the point of beginning, all measured on a plane at elevation 660 00, which ~s 15 0 feet above the crown of the pavement Walnut Street ~mmed~ately under the west line of the described area 2 BEGINNING at the northeast corner of Block 9 of the Original Towns~te of Denton, Texas, THENCE south 0° 22' 55" east 120 0 feet to the southeast corner of the sa~d Block 9, THENCE east 0° 16' 40" north 60 0 feet to a point for a corner, THENCE north 0° 22' 55" west 120 0 feet, THENCE west 0° 16' 40" south 60 0 feet to the point of beginning, all measured on a plane at elevation 657 65, which is 15 00 feet above the crown of the pavement in Austin Street immediately under the north line of the described area TO '}{AVE AND TO HOLD, all and singular, the privileges afore- said to it, the said First State Bank of Denton, its successors and assigns, together with the right and privilege at any and all times during the terms hereof to enter said premises or any part thereof for the purpose of constructing, reconstructing and maintaining said elevated structures and the necessary entrances and exits, pro- vlded, however, that the above conveyance is subject to the covenants, hereby made by Bank as a condition hereto that said structures and any entrances thereto or exits therefrom shall in no manner be con- structed, reconstructed, maintained or operated as to obstruct or hinder the free passage of pedestrian or vehicular traffic upon and along the full width of Austin Street, from Walnut Street to Mulberry Street, and Walnut Street from Austin Street to South Locust Street, in said City of Denton, Texas, and that said structures and any en- trances thereto or exits therefrom shall not Interfere with the free public use of such street and any sidewalk adjacent thereto, except for such temporary restrictions upon use by the public as may be actually required in the construction, repair and maintenance of such structures or any entrance thereto or exit therefrom and in such cases only upon express permission, in writing, from the City Manager of the City of Denton, Texas In case of and upon any violation or nonobser- vance of any of the covenants and conditions contained herein, this conveyance shall be null and void and the sa~d premises shall wholly and absolutely revert to the City, its successors and assigns, and no act or omission on the part of any beneficiary of this clause shall be a waiver of the operation of any such covenant or condition -2- II Said construction and maintenance shall be performed an strict compliance with the applicable Codes of th~ City of Denton and in accordance with the directions of the City Manager of said City All plans and specifications therefor shall be sub3ect to the prior approval of the City Manager, but such approval shall not relieve the Bank of responsibility for concept, design and computation in the pre- paratlon of such plans and specifications III Upon completIon of construction and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets and s~dewalks involved, except as shown on the attached plat which is marked Exhibit "A", and in no case shall any portion of these struc- tures, or any ob]ect related thereto, extend into the first fifteen (15) feet above the crown of either such street pavement IV The Bank, at no expense to the City, shall make proper provision for the relocation and/or Installation of any utilities affected by said construction and maintenance, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and ~ts political subdivisions In the event any Installa- tion, relnstallat~on, relocation or repair of any existing or future utility or improvements owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the con- structlon, maintenance, use or existence of the said elevated struc- tures, the Bank shall pay to the City an additional amount equal to such additional cost as determined by the City Council of the City of Denton V In order to defray the costs of initial and annual inspection and supervision which the City of Denton might incur as a result of the construction, reconstruction or maintenance of the elevated -3- structures provided for by th~s contract and agreement, the Bank agrees to pay to the City of Denton the sum of Two Hundred and Fifty ($250.00) Dollars annually, as ~nspect~on fee, to be due on or before the 1st day of January, 1972, thence a lake sum each year thereafter VI The ~n~t~al term of th~s agreement shall be f~fty (50) years, commen¢lng on the date f~rst above written, being the execution date of th~s agreement Subject to the authority of the Charter of the City of Denton, the C~ty of Denton grants to the sa~d F~rst State Bank an option to extend th~s agreement for an additional term of f~fty (50) years Any such extension of the ~nlt~al term of th~s agreement shall be upon the same covenants and conditions applicable to the ~n~t~al term VII Upon the termlnatlon of th~s agreement for any reason whatso- ever the Bank shall, at the option of the C~ty and at no expense to the C~ty, remove said elevated structures, restore the publlc streets, s~dewalks and adjacent supporting structures to a condition accep- table to the Clty Councll and ~n accordance w~th then ex~st~ng City specifications. VIII It is further understood and agreed between the parties hereto that the legal title to Clty streets, whlch includes the demised pre- mlses, belongs to the State, and the Clty of Denton exerclses such powers over the streets as have been delegated to ~t by the Consti- tution of the State of Texas and by the Legislature, that the City of Denton holds the streets as trustee for t~e public, and that the C~ty of Denton cannot contract away its duty and lts leg~slatlve power to control the streets for the use and benefit of the public It is hereby determined by the C~ty Council of the City of Denton that the demised premises described here~n are not needed for any foreseeable public purpose above the elevation described, and that -4- the use herean granted wall not interfere with the exastang or future use of either of said streets by the public, the City, or the State of Texas IX The Bank agrees to comply fully with all applacable Federal, State and munac~pal laws, statutes, ordanances, codes and regu- lataons in connectaon w~th the use, construction and maIntenance of saad elevated structures X The Bank agrees to pay promptly when due all permit fees, taxes and costs provaded for by th~s agreement, or by any Federal, State or local statute, law or ordinance XI The Bank covenants and agrees to indemnify, and does hereby demnafy, and hold harmless and defend, the City 9f Denton, lts agents, offacers and employees, from and agaanst any and all olalms for dam- ages to property, and ~njurles or death to persons of whatsoever kand or character, whether real or asserted, arasang out of or dent to the constructaon, maantenance, occupancy, use, exastence or locatlon of either or both of the saad elevated structures, and the Bank hereby assumes all l~abalaty and responsaballty for an]urges, deaths, ¢lalms or sults for damages to persons or property, of what- soever kind or character, whether real or asserted, occurring during the term of thas agreement and arls~ng out of or by reason of the construction, malntenance, occupancy, use, exastence or locatlon of the sald elevated structures by the Bank XII The,Bank agrees to deposit wath the Cat~ of Denton when th~s agreement ~s executed a sufflcaent sum of money to be used to pay necessary fees to record this consent agreement an ~ts entirety an the Deed Records of Denton County, Texas After being so recorded, the original hereof shall be returned to the Caty Secretary of the C~ty of Denton, Texas -5- XIII Th~s agreement shall be binding upon the parties hereto, thelr successors and assigns EXECUTED th~s the day of , A D 1971 CITY OF DENTON, TEXAS BY ALEXANDER M FINLEY,' JR , MAYOR ATTEST BROOKS HOLT, CITY SECRETARY FIRST STATE BANK OF DENTON, TEXAS BY WM C ORR, JR , PRESIDENT ATTEST APPROVED AS TO LEGAL FORM J~Q BARTON,' C~TY ATTORNEY -6-