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HomeMy WebLinkAboutResolutions 1965 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 12TH DAY OF JANUARY, A.D. 1965. R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that the Certificate of Acceptance submitted on the 7th day of January, 19658 by C. S. Callicoatte, City Engineer of the City of Denton, Texas, certifying the completion by Public Construction Company of certain listed streets and portions thereof under contract dated June 9, 1964, and in accordance with the terms of Ordinance No. 64-26, Passed and Approved on the 26th day of May, A.D. 1964, be, and the same is hereby accepted and made a part hereof by reference, the said streets and portions thereof being as follows, to wit: STREET FROM TO UNIT NO. 1. Knight Street the North property line the North property line of Lindsey Street of Greenlee Street 2. Lindsey Street the East property line The West property line of Kendolph Drive of McCormick Street 3. Myrtle Street the North property line the South property line of Eagle Drive of Maple Street 4. Central Street the North property line the North property line of Eagle Drive Maple Street 5. Cleveland Street the South property line the North property line of Eagle Drive of West ColLns Street PASSED AND APPROVED this 12th day of January, A.D. 1965. Warren Whitson, Jr., May6r City of Denton, Texas III i ATTEST- 2 ,N B o s Holt, City Secretary i City of Denton, Texas APPR(J D AS LEGAL F RM: Jac IQ. Barton, City Attorney Ci ylof Denton. Texas i CERTIFICATE OF ACCEPTANCE I, C. S. Callicoatte, Public Works Director, of the City of Denton, Texas, do hereby certify to the Honorable City Council of said City thatlthe work of improving the following streets and portions thereof in the City of Denton, Texas, has been completed by Public Construction Company in accordance with the terms of a contract entered into by and between the City of Denton, Texas, and the said Public Construction Company dated June 9, 1964, and in accordance with the terms of ordinance No. 64-26 passed and approved on the 26th day of May, A. D. 1964, ordering such improvements, and that such improvements have been constructed and completed in full compliance with the terms of such contract, and with the plans and specifications therein contained or referred to, and I do hereby recommend that the Honorable City Council accept and receive said work and improvements as constructed by the said Public Construction Company, the said streets and portions thereof being as follows, to wit- STREET FROM TO UNIT NO. 1. Knight Street the North property line the North property line of Lindsey Street of Greenlee Street 2. Lindsey Street the East property line the West property line of Kendolph Drive of McCormick Street 3. Myrtle Street the North property line the South property line of Eagle Drive of Maple Street 4. Central Street the North property line the North property line of Eagle Drive of Maple Street 5. Cleveland Street the South property line the North property line of Eagle Drive of West Collins Street Respectfully submitted this 7th day of January, A.D. 1965. C sl Cl C. S. Callicoatte Director of Public Works AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,10, TEXASO HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE / DAY OF JANUARY, A.D. 1965. R E S q L U T I O N WHEREAS, D.D. Vaughkonstruction Company is now engaged in work under private contract and desires, in order to complete such work, to conduct blasting operations in an area in the City of Denton, Texas, the Lincoln Park Subdivision, and WHEREAS, the said D. D. Vaughn Construction Company has applied to the City Council for permission to conduct the aforesaid blasting operations, as required by the ordinances of the City of Denton; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that D.D. Vaughn Construction Company be, and it is hereby, granted permission to conduct such blasting operations in the Lincoln Park Subdivision in the City of Denton, Texas, as may be absolutely essential to the proper and workmanlike performance of their contract as aforesaid; and be it further RESOLVED, that the permission given under this Resolution to conduct such blasting operation be, and the same is hereby, made conditional upon the agreement by the aforesaid D. D. Vaughn Construction Company to hold and save the City of Denton harmless from any and all causes of action for personal injuries, including death, or property damages of whatever kind or nature that may arise in any way out of such blasting operations, and the acceptance of terms of this Resolution shall be evidenced by the signature of an authorized agent or employee of the said D. D. Vaughn Construction Company before the permission granted hereunder shall become operative. PASSED AND APPROVED this ~ day of , A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTE$ Iis B o s Holt, City Secretary City of Denton, Texas APPROVED TO LEGAL FORM: r - ck Q. Barton, City Attorney City of Denton, Texas ACCEPTED: D. D. Vaughn Construction Company by. 8 (title) Next Document 4 q~~ J'v5 t r r jipyN~ ' YYYY r C ~f~u r ^nt'n r 'IrAT,A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF F d y DtNTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ~,N THE 23RD DAY OF MARCH, A.D. 1965 3g yN.h j iyl 9 y t r 4 iMr °°~V60, ulr Y{Vf r v FF t E 9 0 L U T I O N 7 LLM h r ` S ~ r E't IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CfTY OF DENTON,TEXAS- x ~ r,Po a X11 On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby express °,4~jp publically their thanks and appreciation to Elwood Allen for his devoted public service as a member of the Board of Adjustment of tie City F't n of Denton, Texas, from June 23, 1959 to December 8, 1969. The City Council and Mayor wish to express their I n1 r further thanks for the tireless and outstanding ~ 'Mti, manner in which he has performed said public ks" r4 services. tt. y Mt On behalf of the people he has served, the City Council and Mayor wish td direct and order a „ d6py of this Resolution forwarded to him, the said Elwood Allen. kn r y , y., ASSZD AND APPROVED this 23rd day of March A.D. 1965. r ~~yy 9L4 t' 'C` / ~p' a r $'or q ~ ✓ 1 N h Warren Whitson, Ir., Mayor a x R `~"n^q,~e'~r L,, - w City of Denton, "a'exas 45.'{}'6°r (i1'p4~ "rjh rlrlJ I ~ 6' lJ y ~ y R00 ~ y'I ~~y r ~ f}a ~ I zy,,?y~~y' 14 t 1V 4 % ~ F~ 4 ~ 9 r w P rr 'Iw ti~ a a t,, Hol"t# City Secretary Denton, Texas R=D AS TO LEGAL FORM: n ` q, s, Barton, City Attorney of Denton, Texas ¢t ^nb~~ x.tl~y~ A~~ r/1 } rjlmrYu +~rP t~w-0n 4~r^a ~ C Jr -Tk-03A z; ~ I Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE DAY OF APRIL, A.D. 1965. R E S O L U T I O N BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Dn behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby express publicly their thanks and appreciation to Howard Gentry for his devoted public service as a member of the Park and Recreation Board of the City of Denton, Texas, from May 24, 1962, until his election to the City Council on April 6, 1965. The City Council and Mayor wish to express their further thanks for his tireless and outstanding manner in which he has performed said public service. On behalf of the people he has served, the City Council and Mayor wish to direct and order a copy of this Resolution forwarded to him, the said Howard Gentry. PASSED AND APPROVED THIS ~jDAY OF APRIL, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: Bro s Molt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: t Q. Barton, City Attorney ity of Denton, , Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS* HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF APRIL, A.D. 1965. R E S O L U T I O N WHEREAS,, the City of Denton now has in operation a 16" concrete cylinder water line along Interstate Highway No. 35E at Denton, Texas; and WHEREAS, the City of Denton has been requested by officials of the Texas Highway Department to reroute said line at the said location; and WHEREAS, the City of Denton has received the Bureau of Public Roads Policy and Procedure Memorandum concerning Reimbursements for Utility Work, and WHEREAS., the City of Denton wishes to complete the work requested by the State Highway Department in such a manner as to be eligible for reimbursement of costs; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that Warren Whitson, Jr., Mayor of the City of Denton, Texas, be and he is hereby authorized to sign all necessary papers in connection with the aforesaid work. PASSED AND APPROVED this ~5 day of April, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: oks Holt, City Secretary City'of Denton, Texas APPROVED AS TO LEGAL FORM: ~I J Q. Barton, City Attorney F;A y of Denton, Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAM CITY ON THE 13TH DAY OF APRIL, A.D. 1965. R E S O L U T I O N BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby express publicly their thanks and appreciation to Dr. Frank A. Camp for his noteworthy and dedicated public service as a member of the Planning and Zoning Commission of the City of Denton, Texas, from April 23, 1963, until his election as City Councilman on April 6, 1965. The City Council and Mayor wish to express their further thanks for the tireless and outstanding manner in which he has performed said public service. On behalf of the people he has served, the City Council and Mayor wish to direct and order a copy of this Resolution forwarded to him, the said Frank A. Camp. PASSED AND APPROVED THIS 139 DAY OF APRIL, A.D. 1965. Warren WhitsDn, Jr., Mayor City of Denton, Texas ATTE o` ks Holt, City Secretary City of Denton, Texas APPR ED A TO LEGAL FORM: J Q. Barton, City Attorney ty of Denton, Texas Denton, Tome RE80LOTION NO• On this the das► of D• 1W the City Council of the City of Denton, Texas, was ~ed in s at the City Nall at Dentay Denton County, Tawas, with, [.h ~ a an Notionby Co~►of G ,d Alt _l.-- and seconded by Councilman ZffG c l) E/~ that the Msy0 I Aa ~l_ vo~u the authority to sign ffg ibf-way casement on Qi',9' Or VOUtOnp TQXM opa y for the purpose of allowing the Testae Power & Light Co, to install 4 poles oaadnl guy anchorage at or near the locations and a3dng the general curse now located and staked out by said Oompany, over, across and upon the following described lands located in Denton County, Tens, towitn Being a do ption along the oenterltne of the Texas Power & Light Company's Denton rural distri tion (Msp ?033419), an extension east and south of Denton serving rural customers onithe east shares of Oarmaolittle ELn Reservoirs as now surveyed and located an the property of the City of Denton said property being part of the R• J. Mosley Surveys Abstract No, 8090 Denton Coun~pr, Texas. Beginning at an existing Texas Power & Light Compenyte distribution eng]e pole at Engineers sa Station 149 plus 00 canals 0 plus 000, said pole being located 440 ft• east along is north side of a county road and 2 ft* north of the southwest earner of the above bed preperVe TWOS in a northeasterly direction a distance of 1025 ft• acre or *ass to a Texas Poser & Light Coo distributi on dead end pole and attached guy at Begin s Survey Station 10 plus 85s said guy to extend 30 ft. in a northeasterly direction to an anchors said pcle to be located 985 ft, north and 750 ft• east of the southwest sa~nxgr of Ibe shove described propertyy# said property also being the City of Denton's damp gromn&• a, , The motion w s carried by ysyes and s J~ aaauaaaaw It / c°v'• city Clark for the City of Dental, Taxes do hereby ti tha e a SOWU s as and correct oopy of Resolution No* ,paesed on l` ' /;71 19 by the City Council of the City of Denton, Same being or ~nn s of said date in Htnute Book No. s Pag.;acLof the Minutes of the City of Dentay Texas. CIAW r pj/ 2 Tcxz: D 11 an, i„i -Ed zrosc rv_ I- Cc 1 " v_ C Z C'OL and c C . 4 i I^ V 2 > _ ~ - - AT A RXG1=R mdBE ZM OF THE CITY COUNCIL OF THE CITY OF DSSTON, TERAB, HELD IN THE MUNICIPAL BUILDING or SAID CITY ON THE 13TH DAY OF(APRIL, A.D. 1965. R0B,,,QLVTION WHEREMB, Ray Lagleder has served as City Councilman of the City o6 Denton, Texas, from April of 1963 until April 130 19651 and WHEREAS, prior to such term as Councilman, Ray Laqleder served two terms on the Planning and zoning Commission of the City of Denton, Texas, from may 12, 19590 until his election to the City Council in April of 19631 and f' WEA#;; Ray Lagleder has chosen not to seek re-election as + fj City Councilman in order to move fully meet the re- ,sponsibilities and duties of his business, and of hie e personal lifer and d/ WISREAS, throughout his tenure of office, as City Councilman and „ as member of the Manning and Zoning Commission, Ray Lagleder has exhibited those perpetual qualities such as friendliness, outstanding leadership, energy, iF integrity and faithful devotion to duty that have 4r marked his service to the City of Denton as praiseworthy both in citizenship and in excellence of performances and Wm A, Ray Legleder has contributed immensely to the growth and development of the City of Dentonl now therefore BE IT RiSOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that on behalf of the people of Denton and the officers and employees of the City of Denton, the City Council does hereby express its thanks and sincere appreciation to Ray Lagleder for his tireless, able and diligent manner, and for his invaluable work for the City of Denton in many o4pacitiesl and be it further REBOLVBD, that the original of this Resolution be delivered to the said Ray Legleder in recognition of the above, and for the purpose of conveying to him the sincere wishes of the City Council and officers of the City of Denton for his success and prosperity in the future. PASSED AND APPROVED THIS DAY OF APRIL, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTROT'm7 Jack Reynolds, City manager ~"~~_r~~+~!`-? City of Denton, Texas W-4-As Holt, City secretary City of Denton, Tome APP AS TO LEGAL PORKv J Barton, City Attorney ty if Denton, Tease AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTONS TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE DAY OF APRILS A.D.1965. R E S O L U T I O N BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON,TEXAS: on behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby express publicly their thanks and appreciation to Dr. H. W Kamp for his devoted public service as a member of the Public Utility Board of the City of Denton, Texas, from July 14, 1959 to November 6, 1964. The City Council and Mayor wish to express their further thanks for the tireless and outstanding manner in which he has performed said public services. On behalf of the people he has served, the City Council and Mayor wish to direct and order a copy of this Resolution forwarded to him, the said H. W. Kamp. PASSED AND APPROVED THIS 4-1 DAY OF APRIL, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: - //Zr-x- - oks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: J Q. Barton, City Attorney ity of Denton, Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF APRIL, A.D. 1965. R E S O L U T I O N On this date came on to be considered at a Regular Meeting of the City Council of the City of Denton, Texas, the matter of canvassing the returns of an election heretofore held on the 6th day of April, A.D. 1965, said election having heretofore been duly ordered by said City Council for the purpose of electing three councilmen for the City of Denton, Texas, and the City Council having duly canvassed the returns of said election, finds that the following named men received the votes indicated opposite their names: FOR CITY COUNCILMEN OF THE CITY OF DENTON TEXAS (Three to be elected) NAME VOTES Chester A. Newland 153 Howard E. Gentry 153 Frank A. Camp 155 W. P. (Bill) Davis 2 Fred Gnatt 1 Thomas Noel 1 Byron Smith 1 Robert W. Higgins 1 Stan Munson 1 It appearing from the canvass of said returns of said election that Chester A. Newland, Howard E. Gentry and Frank A. Camp received the highest number of votes cast for the office of City Councilman of the City of Denton, Texas; IT IS THEREFORE ORDERED AND DECLARED that the said Chester A. Newland, Howard E. Gentry and Frank A. Camp were duly elected as City Councilmen of the City of Denton, Texas, and the City Secretary is hereby DIRECTED to deliver copies of this Resolution to the aforesaid duly elected Councilmen as Certifi- cates of Election. PASSED AND APPROVED THIS DAY OF APRIL, A.D. 1965. Warren Whitson, Jr., Mayor ATTES : /(VCity of Denton, Texas B o s Holt, City Secretary APPROVED AS TO LEGAL FORM: J Q. Barton, City Attorney Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF MAY, A.D. 1965. R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that the Certificate of Acceptance submitted on the 25th day of May, 1965, by C. S Callicoatte, City Engineer of the City of Denton, Texas, certifying the completion by Public Construction Company of certain listed streets and portions thereof under contract dated June 9, 1964, and in accordance with the terms of ordinance No. 64-26, ~assed and Approved on the 26th day of May, A.D. 1964, be, and the same is hereby accepted and made a part hereof by reference, the said streets and portions thereof being as follows, to wit- STREET FROM TO UNIT N04 19, Pauline Street Elm Street Locust Street 22. Ruddell Street Paisley Street - South 23, East Sycamore Street Exposition Street Railroad Tracks 9. Avenue G Stella Street Hickory Street 10. Hickory Street Avenue F Bonnie Brae Street 17, Maple Street Myrtle Street Center Street PASSED AND APPROVED this 25th day of May, A.D. 1965. D Warren Whitson, Jr., Mayor City of Denton, Texas ATTESZ oocs Holt, City Secretary City of Denton, Texas AP PR $D A TO LEGAL FORM- J Q. Barton, City Attorney ty of Denton, Texas CERTIFICATE OF ACCEPTANCE I, C. S. Callicoatte, City Engineer, of the City of Denton, Texas, dolhereby certify to the Honorable City Council of said City that the work of improving the following streets and portions thereof in the City of Denton, Texas, has been completed by Public Construction Company in accordance with the terms of a contract entered into by and between the City of Denton, Texas and the said Public Construction Company dated June 9, 1964, and in accordance with the terms of Ordinance No, 64-26 passed and approved on the 26th day of May, A. D. 1964, ordering such improvements, and that such improvements have been constructed and completed in full compliance with the terms of such contract, and with the plans and specifications therein contained or referred to, and I do hereby recommend that the Honorable City Council accept and receive said work and improvements as constructed by the said Public Construction Cempany, the said streets and portions thereof being as follows, to wit STREET FROM TO UNIT NO. 191 Pauline Street Elm Street Locust Street 22; Ruddell Street Paisley Street - South 23T East Sycamore Street Esposition Street Railroad Tracks 9, Avenue G Stella Street Hickory Street 10, Hickory Street Avenue F Bonnie Brae Street 17~ Maple Street Myrtle Street Center Street Respectfully submitted this 25th day of May, A.D. 1965. C. S. Callicoatte City Engineer a AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE1 DAY OF MAY, A.D. 1965. R E S O L U T I O N Be it known that on the a f today of May, 1965, at a regular meeting of the City Council of the City of Denton, Texas, there came on to be considered the matter of the execution of a contract between said City of Denton, Texas, and Gulf, Colorado and Santa Fe Railway Company, relating to the construction and maintenance and use of one (1) sixteen inch (16") water pipeline crossing at mile post 103 plus 5190 feet at Denton, Denton County, Texas, whereupon the following proceedings were had: it was moved, seconded and unanimously voted that Warren Whitson, Jr., Mayor, be authorized and empowered to execute, on behalf of the City of Denton, Texas, such contract or agreement, a copy of which is hereto attached, and the same be re- corded in the minutes of the City Council at the foot of this Resolution. PASSED AND APPROVED this r~day of May, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST/:: I r oks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: ga6k Q. Barton, City Attorney //City of Denton, Texas Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEP.S, HELD IN THE MUNICIPAL BUILDING ON THE 9- DAY OF JUNE, A.D. 1965. R E S O L U T I O N WHEREAS, The City of Denton, Texas, has constructed certain sewage transmission and treatment facilities with an estimated total cost of Nine Hundred Fifty-Four Thousand Seven Hundred Twenty-Seven Dollars ($954,727.00); and WHEREAS, it has been found that the City of Denton, Texas, was unable to provide the total cost of such im- provement; and WHEREAS, it was deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete those much- needed improvements. now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: that Warren Whitson, Jr., Mayor of the City of Denton, Texas, be, and he is hereby authorized and directed to make application and sign all necessary documents subsequently required to complete the project on behalf of the City of Denton, Texas, for a federal grant under Public Law 660, as amended; to be applied to the cost of the construction of said sewage facilities. The City of Denton, Texas, hereby agrees to pay the remaining costs of the approved project. PASSED and APPROVED this day of June, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTES Br Holt, City Secretary APPR S TO LE L FORM: ek Q. Barton, City Attorney Next Document R E S O L U T I O N WHEREAS. the Council of the City of Denton, Texas, has entered into an agreement with Bob A. Lohrke and wife, Margaret Lohrke concerning the development of a certain 14.25 acre tract of land fully de- scribed below; and WHEREAS* this Resolution is for the purpose of adopting said agreement between the parties, which agreement is intended to affect the use of this described tract of land and to prevent the sale of any portion thereof, and to prevent any subdividing thereof until a proper subdivision plat has been approved finally by the Planning and Zoning Commission of the City of Denton, Texas; the said agreement is as follows: ~I 1, The City of Denton, Texas, hereby agrees to permit Bob A. Lohrke and wife Margaret Lohrke to improve the below described tract of land by placing certain dwelling structures thereon, to construct private roads and alleys, and to construct a water and sewage system. 2. The City of Denton, Texas, does not in any manner by this agreement accept the dedication of any streets, easements, alleys or other property within said described tract of land for any purpose until same shall comply with all the required laws, ordinances and specifi- cations pertaining thereto. I 3. Bob A. Lohrke and wife, Margaret Lohrke, promise and agree that they, or either of them, and their heirs and assigns will not sell any part or parcel, either wholly or by lot, of this below described tract of land until a proper plat thereof has been approved by the Planning and Zoning Commission, or the City Council, of the City of Denton, Texas, as required by law. The property which is the subject of this agreement, and affected thereby, is described as follows: Situated in the County of Denton, State of Texas, being in the M.E.P. & P.R,R. Company Survey, Abstract No. 927; WINNING at a steel pin in the East Boundary Line of exas State Highway Loop No, 288, and at the Northwest orner of the Golden Triangle Properties, Inc, to Bob Lohrke and wife, Margaret Lohrke tract as conveyed to them by deed dated October 8, 1963, and shown of ecord in Volume 500, Page 284, Deed Records of Denton County, Texas; ~I I THENCE South, 89 degrees, 11 minutes East, along the North Boundary Line of the Bob A. Lohrke tract, 1385.74 feet to a steel pin for the Northeast Corner of said Lohrke tract; THENCE South, 03 degrees, 39 minutes West, along the East Boundary Line of the Bob A, Lohrke tract, same being the West Boundary Line of a 51 foot road, 498.1 feet to a steel pin for corner; THENCE North, 89 degrees 11 minutes West and parallel with the North Boundary line of the Bob A, Lohrke tract, 149.8 feet to a steel pin for corner; THENCE South 03 degrees, 36 minutes, 50 seconds West, 66 feet to a steel pin for corner; THENCE North 89 degrees, 11 minutes West, and parallel with the North Boundary Line of said Bob A. Lohrke tract, 931,61 feet to a steel pin for corner; THENCE North 04 degrees, 38 minutes East, 100,28 feet to a steel pin for corner; THENCE North 02 degrees, 54 minutes East, 243.6 feet to a steel pin for corner; THENCE North 89 degrees, 11 minutes West, and parallel with the North Boundary Line of the Bob A. Lohrke tract, 300.00 feet to a steel pin for corner in the West Boundary Line of said Lohrke tract and being in the East Boundary Line of Texas State Highway Loop No. 288; THENCE North 02 degrees, 54 minutes East, along the East Boundary Line of said State Highway and the West Boundary Line of Bob A. Lohrke tract, 50.03 feet to a steel pin for corner; THENCE South 89 degrees, 11 minutes East, and parallel with the North Boundary Line of the Lohrke tract, 300,00 feettn a steel pin for corner; THENCE North, 02 degrees, 54 minutes East, 150.00 feet to a steel pin for corner; THENCE North, 89 degrees, 11 minutes West, and parallel with the North Boundary Line of said Lohrke tract, 300.00 feet to a steel pin for corner in the East Boundary Line of Texas State Highway Loop No. 288, and being in the West Boundary Line of said Bob A. Lohrke tract; THENCE North, 02 degrees, 54 minutes East, 20.02 feet to point of beginning, and containing 14.25 acres of land; Nothing herein or hereby is intended to impair the right of Bob A. Lohrke or Margaret Lohrke to mortgage or encumber any portion of the above escribed property. Signed this day of July. A.D. 1965. '2,A - z Bob A. Lohrke Mar a et Lohrke It is therefore resolved by the Council of the City of Denton, Texas, that this agreement be entered into and adopted; that a copy of this resolution be filed in the Deed Records of Denton County, Texas; and that the agreement embodied herein shall be effective immediately and shall remain in full force and effect until its terms are satisfied, or until terminated by resolution of the City Council. yr PASSED and APPROVED this day of July, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: zgg~~ Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL F~ORM:~ Jac Q. Barton, City Attorney C y of Denton, Texas STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Bob A. Lohrke and Margaret Lohrke, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Margaret Lohrke, wife of the said Bob A. Lohrke, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Margaret Lohrke acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. PIZ- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 7 day of July, A.D. 1965. Notary Public in and for Denton County, Texas My Commission expires June 1, 199 ~Fcry¢ f~o/'~~"s 'ill-, STATE OF TEXAS X COJN'lY OF DENTON X DEFORE ME, the and rsigned authority, on this day personally appc.red dMNnM W4, ~r. e~ of the City of Denton, 1.'e,as known to me to be the person and officer whose name is subscribed to the goregoing instrument and acknowledged to me that the same was the act of the said City, a municipal corporation, that he was duly auL^oi _ d t-o perform the same by appropriate action of the City Council of salu c_ r ULIJ that he executed the same as the act of such City for the purpose- and consideration therein expressed, and in the capacity therein SLate..1 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13 day of A D., 196!j L he No( iry 1 i.l)l i, iu ,nui I'll U. a )I I AT A RNUX 4R MM W Op TBB CITY COMCIL OF TIM CITY OF DBNTM, Tm" O am in we Bb}BZm" Bt IMMO OF SAID CITY ON TS DAY OV JMY, A.D. 1965. RNSO UTIO.N as ITi RBOMVvD TBI1T TAD s cNa UM MS HE =TBRMD MWN TIM mIMW OF TIM CITY COIi IL OF TM CITY OF OMMON, TMMS: on behalf of 'the people of the City of Denton, $ho Z and City Council hereby express Voi pub,, , nA¢a and appreciation to Mrs. bonftie~Yaa for her noteworthy and dedicated is 110~servi as a movem of the Planning and Ziag7 Ion of the City of Denton, Texas, ` = Eras y 12th 19$9r until June 300 1965, fbars. Vii h served ably and honorably as b2heb iInf t! 0 an a planning and Scming ' iaas September 19, 1963 until an 3 ~ 9 . The Cit}r 11 and may= wish to a press their further s for the tireless and outstanding manner in which she has performed this public serV3.c®. Oft behalf of the people she has served, the City Council and Mayor wish to direct and order a copy of this Resolution forwarded to her, the said'w$ Lonnie Yarbrough. PASSBD Alf "pau"ID im M my OF JULY, A.D. 1985. , r i Warten Wh teas. Jr., yor City of Denton, Texas Bseeo~ts Holt. -City Seine' Lary City'of D"ton, Texas A R VlbD A S/~j' o I ML ram ok Q. Saxton, City Attorney City of Denton, Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF JULY, A.D. 1965. R E S O L U T I O N WHEREAS, the Texas Highway Department has passed Minute Order No. 54084 with reference to the improvements in the City of Denton, Denton County, Texas, on State Highway 24 from Locust Street West to Malone Street, a distance of approximately 1 milef and WHEREAS, the City of Denton approved and accepted Minute Order No. 54084 by council resolution adopted by the City Council of the City of Denton, March 24, 1964; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That it is understood and agreed that, as part of the proposed improvement on this project, it is the specific request of the City of Denton that a center barrier median be constructed from Locust Street West to Malone Street with openings to be provided only at dedicated street location and at specific locations in accordance with proposed plans for construction; That the City Secretary will certify a sufficient number of copies of this resolution and the City Manager is hereby authorized to forward two (2) cer- tified copies to the Texas Highway Department; That this resolution shall take effect from and after its passage as provisions in the charter in such cases are made and provided. I PASSED and APPROVED this 13th day of July, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: d yxv ) Ja Q. Barton, City Attorney ty of Denton, Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS# HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 27TH DAY OF JULY, A.D. 1965. RE SOLUTT1 ON Be it known that on the 2?th day of July, 1965, at a regular meeting of the City Council of the City of Denton, Texas, there came on to be considered the matter of the execution of a contract between the City of Denton, Texas, and the Texas & Pacific Railway Company, relating to the construction and maintenance and use of one (1) ten-inch (1011) water pipeline crossing at mile post A-206.66 intersecting carriers existing right-of-way at Engr. Chainage Sta 10911 + 57, R.B. Longbott H.R. at Denton, Denton County, Texas, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Warren Whitson, Jr., Mayor, be authorized and em- powered to execute, on behalf of the City of Denton, Texas, such contract, license or agreement, a copy of which is hereto attached, and the same be recorded in the Minutes of the City Council at the foot of this Resolution. PASSED and APPROVED this c-"- f day of July, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTE/S'~ l Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: ck Q. Barton, City Attorney City of Denton, Texas Next Document RESOLUTION SPATE OF TEXAS COUNTY OF DENTON WHEREAS, it is contemplated that the City of Denton, Texas will construct certain sewage transmission and treatment facilities with an estimated total cost of $296,240; and WHEREAS, it is found that the City of Denton, Texas is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, that Warren Whitson, Mayor of the City of Denton be and is hereby authorized and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Denton, for a federal grant under Public Law 660, as amended; to be applied to the cost of the con- struction of said sewage facilities. The City of Denton hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. Adopted this the /.h day ofeLAA -e 1965• Z;C_g (SEAL) Mayor, City of Denton, Texas ATTEST: R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. STATEMENT OF POLICY The City of Denton, recognizing that certain changes are needed in the policies of operating the sewer utility as part of the Denton Municipal Utility System, does hereby adopt the following operating policy: 1. On all new sewer services, the City of Denton will make the sewer tap and extend sewer line to back of curb. It shall be the responsibility of the property owner to have installed the service line from the curb to the building. 2. The property owner shall be responsible for the maintenance of the service line from the building to the main sewer line in the street or alley except that the City will make neces- sary adjustments to these lines when required because of street or utility construction or reconstruction or in the c&se of damage to the service lines caused by street or utility construction. The City will replace sewer line to back of curb if damaged or defective. 3. In the event stoppage takes place in the service line between the sewer main and the building it shall be the responsibility of the property owner to remove the cause of the stoppage. If the stoppage in the service line causes damage to the property because of overflow or for any other reason, the City shall not be responsible for this damage unless the City was re- sponsible for the stoppage. 4. In the event a stoppage in a sewer main results in damage to private property, the City of Denton will reimburse the owner for the damage through negotiation based on the depreciated value of the damaged property plus cost of repairs. However, since certain areas are more prone to this type of occurrence than others, reimbursement by the City for damages will be made to the property owner onetime only. After the first occurrence it is the policy of the City that it is the obli- gation of the property owner to secure insurance covering this type damage or install devices to prevent future occur- rences or assume full responsibility for damages. Compensation shall be paid for property damages only, and shall not be paid for intangible items. PASSED and APPROVED this 10th day of August, A.D. 1965. ATTES . Warren Whitson, Jr., Mayor Qi ty of Denton, Texas -11 LV ZPPRIDA Q. Barton, S/LCity Attorney TO LEGAL' FORM: ~~.~Leo+a../ J Q. Barton, City Attorney Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF SEPTEMBER, A.D. 1965. R E S O L U T I O N WHEREAS, the Denton County National Bank has built a private parking lot for its customers, involving the construc- tion and opening of a private driveway thereto, and WHEREAS, there could arise in the future some question concern- ing the ownership and use of this driveway, and it being clear that same is not a public way, and is not accepted as a street, alley or easement by the City of Denton; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: THAT the City has no intention of accepting the driveway located within the below described property for any public use as a public right-of-way, and let the intention be entered upon the Minutes of this Council. PASSED AND APPROVED this 14th day of September, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTEST• o s Holt, City Secretary City of Denton, Texas AZ TO LEGAL FORM: ck R. Barton, City Attorney ity of Denton, Texas All that certain tract or parcel of land situated in the William Neil Survey, fronting on West Hickory Street in the City and County of Denton, Texas, being a part of the W. B. McClurkon Estate Property and consisting partly of acreage in said Neil Survey and partly of a part of Lot 2, Block 2, Baines Addition, and being more particularly described as follows- Beginning at a steel pin at a fence corner at the Northeast corner of Lot 2, Block2, Baines Addition to Denton, same being the West Northwest corner of property now owned by Denton County National Bank and an inside corner of said McClurkan Estate property, Thence South with the East line of said Lot 2, Block 2, which is an East line of said McClurkan property and a West line of said bank property, 62 0 feet to a steel pin at the Northeast corner of a 90 X 112 foot lot now owned by said bank and known as the Tom Turner lot, Thence West with the North line of said Turner lot and a South line of said McClurkan property 63.0 feet to a corner, Thence Northeasterly around a 42 foot radius curve to the right, 40 96 feet to the end of said curve, Thence N 550 46' E. 50 80 feet to the beginning of a curve, Thence Northerly around a 21 foot radius curve to the left, 20 48 feet to the and of said curve on the North line of said Lot 2, Block 2, Baines Addition, Thence Continuing across said McClurkan property North 136 0 feet to the beginning of a curve, Thence Northwesterly around a 20 foot radius curve to the left 13 18 feet to a corner on the South line of West Hickory Street, Thence East with said street line 31 11 feet to a steel pin at the Northeast corner of said McClurkan property and the Northwest corner of a lot owned by Mrs. T. E. McElroy, Thence South with the West line of said McElroy lot and an East line of said McClurkan property 148.3 feet to a steel pin for corner, Thence West 6.0 feet to the place of beginning, containing in all 0.315 acres of land, (13,721 square feet),. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF SEPTEMBER, A.D. 1965. R E S 0 L U T I O N Be it known that on the 28th day of September, 1965, at a regular meeting of the City Council of the City of Denton, Texas, there came on to be considered the matter of the execution of a contract by and between the City of Denton, Texas, and the Texas & Pacific Railway Company regarding the construction of a public crossing over certain land of the Railroad near mile post A-208.45, for street purposes, in the City of Denton, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Warren Whitson, Jr., Mayor, be authorized and empow- ered to execute, on behalf of the City of Denton, Texas, such contract, license or agreement, a copy of which is hereto attached, and the same be recorded in the Minutes of the City Council at the foot of this Resolution. PASSED AND APPROVED this 28th day of September, A.D. 1965. Warren Whitson, Jr., Mayor City of Denton, Texas ATTES Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: J k Q. Barton, City Attorney ity of Denton, Texas Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 9TH DAY OF NOVEMBER, A.D. 1965. R E S 0 L U T I 0 N Be it known that on the 9th day of November, 1965, at a regular meeting of the City Council of the City of i ~Dentgn, Texas, Warren Whitson, Jr., Mayor of the City of',DTnton, Texas, is hereby authorized by the City Counpil to execute an Airport Lease, Operations Con- 4ack and Agency Agreement with Aerosmith Denton ,gorp6ration which Agreements are attached to this Resolution, as recommended by the Airport Board. r PASSED AND APPROVED this 9th day of November, A.D. 1965. Jl et - ~ C4~ Warren Whitson, Jr., Mayor City of Denton, Texas G ATTEST: A Brooms Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: ckl R. Barton, City Attorney City of Denton, Texas 1 ` STATE OF TEXAS ) r ) COUNTY OF DENTON ) THIS AGREEMENT, made and entered into at Denton, Texas, I this day of -Weer, A.D. 1965, by and between the ' CITY OF DENTON, TEXAS, a municipal corporation, of the_County--- - of Denton, State of Texas, hereinafter for convenience some- times,styled "FIRST PARTY", and AEROSMITH DENTON CORPORATION, a Texas corporation, hereinafter for convenience sometimes styled "SECOND PARTY", with reference to the Denton Municipal Airport, hereinafter for convenience sometimes styled "AIRPORT", WITNESSETH: The parties hereto for and in consideration of the rents, commissions, covenants and agreements contained herein, mut- ually agree as follows: - I. PREMISES First Party does hereby demise and let unto the Second Party, and Second Party does hereby hire and take from the First Party, certain premises and facilities, rights, licenses, and privileges on and in connection with the property and im- provements (both existent and to be hereinafter constructed) of First Party specified as said Airport, as more particularly -hereinafter set forth: A. Use of Airport: The use, in common with other' u i authorized so to do, of said airport and all appurten- ances, facilities, improvements, equipment and services which have been or may hereafter be provided thereat, such use without limiting the generality hereof, to in-- • J i clude the following rights, licenses, and privileges: . The operation of a transportation system by aircraft, the repairing, maintaining, conditioning, servicing; parking. or storage'of aircraft or other equipment;'the training of personnel and the testing of aircraft and other equipment; the sale, disposal or exchange of aircraft, engines, acces- sories, and related equipment;-the-servicing by- Second -party or others of aircraft and other equipment, including the right.to install and maintain on said airport adequate stor- - age facilities, and appurtenances, including right-of-way necessary therefor; thelanding, taking off, parking, loading and unloading of aircraft and other equipment; the right to i ioad and unload persons,-property and mail at said airport, by such means as Second Party may desire, with the right to designate the carriers who shall transport Second Party's passengers and their baggage.to_and from the airport, and, also,-Y the further right to designate the carriers who shall transport Second Party's airborne freight, if any, to and from the said airport; the right to install and operate ad- vertising signs, the general type and design of such signs to be reasonable and appropriate; the right, but not the duty or obligation, to install, maintain and operate radio, communications, meteorological and aerial navigations, and' such other similar equipment and facilities in, on or about the premises herein leased, as may be necessary or convenient for-SecondParty''s operations; the conduct of any other_bus- iness or operations reasonably necessary to the proper, nec- essary and appropriate conduct and operation by Second'Party of its business. -2- ` ~ 1.1 B. Space in Administration Building: The sole use of sufficient space in the new administration building now loc- ated on said,airport, but in no event to exceed 50%-of the whole area thereof, for such use as Second Party may desire to make thereof, compatible with the nature and intent of these presents; the use,-in common-with,-others,-of all public space in the administration building; C. Parking Space: The use by Second Party, its employ- ees, customers, suppliers and other licensees, or invitees, without charge, of an adequate designated vehicular parking space located as near as possible to the administration building. D. Additional Ground Space: The'sole use of that cer- tain ground space, together with all improvements now,locat- ed thereon and which may hereafter be added thereto, lying and--being situated on said airport, for such uses as Second Party may desire to make thereof, compatible with the purposes and intent hereof, the same being more particularly set forth and described as follows: Beginning at a point in the North Property Line of a tract of land out of the Wm, Smith Survey, Abst- ract No. 1188, Denton County, Texas, said tract be- ing in the name of P. F. Breen and described in Vol- ume 127, Page 183 of the Deed Records of Denton point being the Northwest _cor- County, Texas. Said ner of said tract-and also being in the South line of F. M. Road 1515. THENCE West with the South Line of F. M. Road 1515 r a distance of 350 feet to a point for a corner; THENCE North a distance of 1000 feet to a point for a corner; THENCE West a distance of 830 feet to a point for a corner; THENCE South•a distance of-1600 feet to a point for a corner, THENCE East a distance of 1164 feet more or less to a point for a corner, said point being the most West- erly South West corner of the said Breen tract; THENCE Northerly with the West Line of said Breen tract a distance of 600 feet to the place of beginning. SAVE AND EXCEPT that certain tract of land heretofore leased by the City of Denton to P. F. Breen as des- cribed in the lease agreement dated the 25th day of March, A.D. 1958. E. Right of Access, Ingress and Egress: The full and unrestricted access and ingress to and.-egress-from the pre- . mises for all purposes contemplated by this agreement. F. Second Party AgreAs: 1. To indemnify the City of Denton, First Party, against such losses in connection with Second Party's operations hereunder as can be funded from Second Party's purchase of a standard liability insurance policy in an amount not less than $50,000 for each person, $250,000 for each occurrence, and $100,000 for property,damage; 2. To comply with all current and future laws and ordinances and all regulations of federal,,-state,-county or city airport authorities and/or agencies, and pay all taxes, and the cost of licenses and permits nec- essary for its operations, hereunder; -4- f , 3. To keep adequate records of income and expense and make such records reasonably available, upon request, to the Director of Finance, City of Denton; 4. To conduct its business and management in a courteous and efficient manner; 5. To provide service on a non-discriminatory, basis; 6. To provide tie-down service to overnight or other transient aircraft or aircraft remaining at the airport for 24 hours or less; 7. To maintain normal and customary airport services during daylight hours, and man the Unicom apparatus when- ever reasonably necessary. 8. To provide janitorial service to the Airport Administration Building; 9. To be responsible for mowing-and disposition of weeds, grass and other vegetation of all such airport---- property, cleaning and maintenance of all areas except those designated as the responsibility of First Party; 10. To establish a flight school within one year of the contract date; and immediately have at least one suitable airplane for training and rental purposes; 11. To establish a new aircraft dealership or sub, dealership or distributorship.on this airport; 12. To provide an a/c and a/c engine repair shop, -including employment of an A & E licensed aircraft mech- _ anic, within one year of the date of the execution" hereof; 13. To make available either by tank truck, station- ery pump or other suitable dispensing equipment, those -5- i j grades and octanes of gasoline normally found at similar airports; 14. To provide vending machines on premises for the dispensing of refreshments, and to retain the revenue from such devices. G. First Party will accomplish the following items in conjunction with making that portion of the Denton Municipal Airport hereby leased available and operable to Second Party for a period of five (5) years from the date hereof and during any renewals and/or extensions thereof: 1. Provide and equip an administration building and provide an office therein for Second Party in said admin- istration building, and provide unicom equipment. 2. Provide sole use of the main large hangar now located on premises, re-fabricate (re-skin) its structure to match new .T-hangars, and maintain this hangar for normal wear and tear; 3. Maintain all concrete and asphalt runways, taxi- ways and auto and airplane parking areas on the entire airport, including the premises herein leased or made available to Second Party by virtue hereof; 4. Pay for all utilities for the equipment described in item 5 below and all utilities to the administration building, and water for maintaining the area around the administration building; 5. Maintain all runway, taxi; and"area lights and` beacon; 6. Provide adequate insurance for the administration-. building and all hangars, either now in existence or to be hereafter constructed by First Party as provided here- -6- n n in, and to replace or repair each in all cases of any loss..compensated by insurance, within a reasonable time. H. Construction of New Hanqar Facilities: First Party agrees to immediately commence and thereafter speedily complete the construction of one 15,-000 square foot hangar and ten T- hangars to be-located on the-premises herein-leased by Second Party on the grounds of the Denton Municipal Airport'at loca- tions to be agreed upon by both Parties in writing; all work in' connection therewith is incorporated within the specifica= tons, plans, blueprints and other drawings and prints or written explanatory matter thereof, as prepared and made avai- lable without cost to Second Party by the City of Denton, Texas, and identified by the.endorsement of the parties hereto, ' which.said specifications, plans and blueprints are attached hereto and marked Exhibit "A" and made a part hereof for pur .poses the same as if fully copied herein. First Party hereby - leases and demises to Second Party and Second Paf:ty hereby hires and takes the said demised eleven hangars, when complet- ed; TO HAVE AND TO HOLD the same for such term and commencing at such time and for such consideration as is herein provided. II. TERM EXISTING PREMISES Subject to the earlier termination as hereinafter pro- vided;-'the initial term of this agreement shall-be for-a period- of, five (5) years, commencing on the day of fl 7l o ernb°r, 1965, subject, however, to two (2) consecutive five (5) year options hereby granted.by First Party to Second Party 3 whereby Second Party may renew this agreement for two (2)-con- secutive additional terms of five (5) years apiece, respect- ively, under the same conditons as the initial term hereof. -7- I i 1 / Second Party shall notify First Party in writing of Second. Party's intent to exercise either or both of said options at i least.ninety (90) days before the expiration of the term under which Second Party is then occupying said premises. NEW BUILDINGS TO BE CONSTRUCTED BY FIRST PARTY Subject to the earlier termination as-hereinafter pro- vided, the-initial lease term between the parties for the eleven (11) new hangar buildings, to be constructed by First Party shall be for a period of fifteen years commencing on the earlier of two dates, to-wit, the date of completeion of said new eleven hangars by First Party and the delivery of possession thereof to Second Party or the date of actual occupancy thereof by Second Party, two (2) consecutive 5-year options are hereby granted to Second Party by First Party to renew this agreement for two (2) consecutive additional terms of five years apiece,, respectively, noticed and at a consideration as hereinafter r- set forth. Second Party shall notify First Party in writing of,Second Party's intent to exercise either or both of said options at least ninety (90) days prior to the expiration of the term under which Second Party is then occupying said premi- se's. III. RENTALS AND FEES Second Party agrees to pay First.Party at the City Hall ofiDenton, Texas, a basic cash rental of one Hundred Fifty Dollars ($150,00) per month during each month this lease is in effect, plus the additional sums as follows: A. Starting with the 1st day of the 25th month follow- ing the. date of.execution hereof, Second Party shall thereafter pay Two Cents (24) per gallon on all'gaso-' -8- line sold by Second Party at or on the within leased premises, to be paid on or before the 15th day of the i , month following said sale, provided, however, there shall be excluded.from this computation all gasoline used by Second Party, its affiliates and subsidiaries. B. Ten per-' cent (10%) of the cash receipts derived from aircraft storage in the main hangar this date al- ready in existence, from and after the second year of this lease period, such percentum to be increased to fifteen per cent (15%) from and'after the fifth year of this lease period (i.e., during any subsequent option period), said sums to be paid each month as accured by the 15th day of the following month. C. Second Party shall have the full right of purchasing at said airport its_requirements_of_,gasoline,. fuel, .lub r - ricating oil, grease, and/or any other materials or supplies from any person or company of its choice, and no charges, fees, or tolls shall be charged by First Party, directly or indirectly, against Second Party or its suppliers for the privilege of using, storing, with- drawing, handling, consuming or transporting the same to, from or on said airport. D. Commencing on the first day of the 13th month after occupancy by Second Party of said new eleven (11) hangars, Second Party will pay an amount in cash equal to.1/168 of the total cost of construction of said-new eleven hangars, together with such interest as First,Party shall be re- quired to pay for the money utilized in the construction of said hangars (in no event-to-exceed the sum of 5%) per -9- . " c.c ~r annum,-and, each month thereafter for the remaining 167 months of the primary term of 15 years, Second Party will pay an equal amount. In addition to the foregoing, Second Party will pay (commencing with the first month of occupancy by Second Party of said new eleven hangars) an additional amount per month for each of the 180 months term of the lease with respect thereto, a sum equal to 1/12 of the annual cost to First Party of the insurance carried on such said eleven hangars by First Party; additionally, Second Party will pay as rental for said new eleven hangars during the primary lease term of 15 years, on f the 15th day of each calendar month following the accrual thereof, an amount equal to 10% of all cash receipts collected by virtue of new hangar storage. In the event Second Party shall exercise either or both of said-5-year options_herein_.granted_by-First _Party to Second Party, then and in that event, Second Party shall pay as total rent thereforit~to First Party an amount per month equal to 1/12 of First Party's annual insurance cost on said eleven hangars plus 30% of all cash receipts collected by Second Party by virtue of hangar staorage, plus gasoline over-ride as set forth in "A" of this Article III, supra. ^ IV. MAINTENANCE OF ADMINISTRATION BUILDING First Party agrees to keep adequately maintained the admin- istration_building,at all times and tte_public,space.in the. administration.building attractively furnished,and maintained, and to provide and supply adequate light, electricity, heat and water for all space in said administration building at no cost -10- to Second Party. V. Second Party may at its own cost and expense, as the need therefor€shall arise, erect on or install at a location to be determined by both parties hereto, at-said airport, any hangar or hangars, buildings, or structures, including stor- age, tanks, or other equipment, above or under ground, that both parties shall determine to be necessary for use in connee- tion with its operations hereunder at terms not less favorable to Second Party than those incorporated herein. VI. RULES AND REGULATIONS Second Party covenants and agrees to observe and obey all reasonable rules and regulations which may from time to time during the term thereof be _promulgated and enacted by F,irst_ Party or other competent authority; provided.the same are consistent with safety and do not conflict with the rules ~of- any Federal agency having jurisdiction thereover, and are not inconsistent with the procedures prescribed or approved from time to time by the Federal Aviation Agency or Civil Aeronautics Board for operations of Second Party's aircraft.at said airport. First Party covenants and agrees to formulate, adopt and enforce local rules and regulations at said Airport which will provide, among other things, that scheduled transport planes, whenever conditions of safety will permit, will be given the right of way over other aircraft and which regulations `shall control the general public and traffic so as not to interfere with the oper- ations of the Second Party. -11- j VII. First Party shall have nodcontrol whatsoever over the rates, fares, fees, or any charges,whatsoever that Second.Party may prescribe for any of its services by air or land, to, from, through, or at said airport. i CANCELLATION BY FIRST PARTY In the event that.Second Party shall file a voluntary peti- tion in bankruptcy or proceedings in bankruptcy shall be insti- tuted against it and Second Party thereafter is adjudicated bank- rupt pursuant to such proceedings, or any court shall take juris- diction of Second Party and its assets pursuant to proceedings brought under the provisions of any Federal re-organization act,, or Second Party shall be divested of its estate herein by other operation of law, or Second Party shall fail to perform, keep- and observe any of the terms, covenants, or conditions herein contained,.or on its part to be performed, the First Party may - give the Second Party written notice to correct suchcondition or cure such default and, if any condition or default shall con- tinue for thirty (30) days after the receipt of such notice by the Second Party, the First Party may, after the lapse of said thirty (30) day period and prior to the correction or curing of such condition or default, terminate this lease by a thirty (30) days written notice. IX. dANCELLATION BY SECOND PARTY Second Party may cancel this agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, up on or after the i happening of any one of the following events: issuance by any -12- court of competent jurisdiction of a permanent injunction in any way, preventing or restraining the use of said airport or any part thereof for airport purposes; any action of the Civil Aeronautics Board and/or Federal Aviation Agency refusing to permit Second Party to operate into, from or through said 'air- port such aircraft as Second Party may reasonably desire to operate thereon';-the`breach'by First"Party o£"any of the covenants or agreements contained and the failure of First Party to remedy such breach for aperiod of thirty (30) days after receipt of a written notice of the existence of such breach; the inability of Second Party to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropr- iate governmental authority having jurisdiction over the oper- ations of Second Party or due to war, earthquake or other cas- ualty; the assumption or recapture by the United States Govern. ment or any authorized agency thereof of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. X. COVENANT NOT TO GRANT MORE FAVORABLE TERMS First Party covenants and agrees not to enter into any lease, contract or agreement with any other perosn, firm or corporation with respect to the Airport containing more favor- able terms than this agreement or to grant to any other person, firm or corporation rights, privileges or concessions with-res- pect to said airport which are not accorded to the Second Party hereunder unless the same rights, privileges and concessions are concurrently and automatically made available to the-Second Pasty. -13- 1 XI. ASSIGNMENT OF LEASE 51 Second Party shall not at any .tire assign this lease or any part thereof without the consent in writing of First Party, provided that the foregoing shall not prevent the assignment at any time of this lease to any corporation with which the Semid-Part y may merge or consolidate or-which may succeed to the business or assets of the Second Party or a substantial part thereof; such,consent shall not be unreasonably withheld. XII. QUIET ENJOYMENT Second Party agrees that, on payment of the rent and per-' formance of the covenants and agreements on the part of the Second Party to be performed hereunder, Second Party shall peaceably hold and enjoy the leased premises and all'the rights and privileges of said airport,_its_appurtenances_and_facilit ies, granted herein. XIII. NOTICES Notices to the First Party provided for herein shall be sufficient if sent by registered mail, postage prepaid, addressed to the City Secretary of the City of Denton, Texas; and notices toithe Second Party, if sent by registered mail, postage pre- paid, addressed to Aerosmith Denton Corporation, Denton Munici- pal Airport, Denton, Texas, or to such other respective addresses as,either of the parties may designate in writing from time to time and forward to the other. XIV, RE-DELIVERY AT EXPIRATION OF LEASE Second Party will quit possession of all-premises respect- -14- ively leased herein at the end of the term specified herein with i respect thereto, or any renewal or extension thereof, and deli- ver up.such premises to First,Party in as good condition as existed when possession was taken, fair wear and tear, acts of God and the elements, as well as any other casualty not occas- ioned by the fault of Second Party, and casualty covered by- First Party's insurance, alone excepted, Second Party may, at its option, remove any buildings which it places on said demised premises at.the expiration of the term hereof, provided that First Party shall have first option to purchase any such build- ing at a price set forth in a schedule to be agreed upon prior to construction of each such building, XV, COMPLIANCE WITH GOVERNMENTAL REGULATIONS First Party warrants and represents unto Second Party, and " the same is declared of-the-es"sence hereof; that said-Fist Party, in the establishment, construction and operation of the said- - Denton Municipal Airport, has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Agency, Civil Aeronautics Board, or any other governmental authority relating to and in- cluding, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landin g or take-off, to the end that Second Party will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining prop- erty in the course of normal take-off and landing procedures from said Denton Municipal Airport,.First Party further warrants and represents that at all times during the term hereof, or any .t -15- renewal or extension of the same, that it will continue to com- ply with the foregoing. IN WITNESS WHEREOF, the Parties have executed this agree=ment the day and year first above written, in multiple copies .of like tenor and effect, each of which shall be deemed an -original copy. _ CITY OF.DENTON, TEXAS By: Warren Whitson, Jr., Mayor City of Denton, Texas FIRST PARTY t - ~~c. • / / ~l c yr/ Brio s Holt, City Secretary 2 n o. Denton, Texas `APPROVED AS TO.LEGAL FORM: _ PQ(lack Q. Barton, City Attorney ity of Denton, Texas i , AEROSMITH DENTON CORPORATION By: Robert E. Smith, President SECOND PARTY ATTEST: Secretary -16- THE STATE OF TEXAS X AIRPORT CONTRACT AMENDMENT COUNTY OF DENTON X i KNOW ALL MEN BY THESE PRESENTS: that the City of Denton, Texas, as FIRST PARTY, and Aerosmith Denton Corporation, a Texas Corporation as SECOND PARTY for and in consideration of. mutual promises, and the general promotion of the Denton Mun- icipal Airport, hereby agree to amend that certain agreement dated the 14th day of December, A. D. 1965, by and between FIRST PARTY and SECOND PARTY, the parties hereto, for the purpose of developing and operating the Denton Municipal Air- I port, which amendment shall be as follows: WITNESSETH: The said agreement dated December 14, 1965, is hereby amended by deleting subparagraphs A and B of clause numbered III, captioned "RENTALS AND FEES':, as set out on pages 8 and 9 of said agreement, and by adding new subparagraphs A.and B to said'Clause ILl;which subparagraphs shall hereafter read as follows: A. Starting with the first (lst) day of the thirty- seventh (37th) month following the date of exec- ution hereof, (to wit: (December 1, 1968), Second Party shall thereafter pay Two Cents (24) per gallon on all gasoline sold by Second Party at or on the within leased premises,-to be paid on or before the 15th day of the month following said sale, provided however, there shall be excluded from this computation all gasoline used by Second Party, its affiliates and subsidiaries; B. Ten percent (103%) of the cash receipts derived from aircraft storage in the main hangar already in existence, from and after the thirty-seventh_ ___(37th) month from the execution _date _of this lease Cto wit.~(December 1, 1968, such percentum Y~ to be increased to fifteen percent (15%) from and after the fifth year of this lease period (i.e., during any subsequent option period), said sums to be paid each month.as accrued by the 15th day of the following month. It is the intent of this contract amendment to incorporate the remainder of said agreement dated the 14th day of December, A. D. 1965, which remaining provisions shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this con- t I ract amendment this lst day of December, A. D. 1967, in multiple copies of like tenor and effect, each of which hall. b'e deemed an original copy. CITY OF DENTON, TEXAS FIRST PARTY 4e Martin, Mayor _ ATTES ` 'If7 I/ JBr-o~oks Holt, City Secretary y of Denton, Texas APPROVED AS TO LEGAL FORM: a / e 0 7 (9=! ~ 57-~ Ja VQ. Barton, City Attorney y of Denton, Texas AEROSMITH DENTON CORPORATION SECOND// ~PARTY BY : r Robert E. Smith, President ATTEST: M Secretary, Aerosmit Denton r' 6~ \_s ~4~ -,'tip Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF DPCEMBER, A. D. 1965. R E S O L U T I O N WHEREAS, the area embraced within the physical boundaries of the Counties of Collin, Dallas, Denton, Ellis, Johnson, Kauf- man, Parker, Rockwall, Tarrant, and Wise are all Counties locat- ed in the north central portion of the State of Texas, which have joint and mutual physical, economic, social, or other prob- lems which do or may require joint and mutual surveys, studies, plans and related actions in order to insure the orderly grow- th and development of the area; and WHEREAS, the above named Counties as well as incorporated municipalities, located in the above named Counties, desire to form a North Central Texas Council of Governments with the participating membership of the Council to be composed of an elective public official from each participating governmental unit to be designated by the respective governing body, accord- ing to the bylaws which we have examined and said organization may apply for and receive from the State of Texas, a Charter as a nonprofit corporation for the general purposes specified and authorized by the agreement between the respective governmental' units; and WHEREAS, it is the opinion of the governing body of the City of Denton, Texas, that it will be to its benefit and to the benefit of its citizens as a whole to become a participat- ing member of said organization, NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF DENTON* TEXAS: SECTION I. That Warren Whitson, Jr., Mayor, be, and he is hereby authorized to execute a mutual agreement with other in- corporated municipalities located in the above named Counties, in order that the City of Denton, may become a participating member of the North Central Texas Council of Governments, creat- ed for the purposes set out above, and the Director of Finance be, and he is hereby authorized to issue a voucher payable to the North Central Texas Council of Governments for the annual dues of this municipality, established in accordance with the population bracket according to the latest United States census as provided by the bylaws of said organization. SECTION II. That this resolution shall take effect from and after its passage. PASSED AND APPROVED this 28th day of \December, A.D. 1965. ATTEST: •i GI.w-~.~✓ 4,~ 4=i~ ~ Warren Whitson, Jr., Mayor City of Denton, Texas Brim cs Holt, City Secretary City of Denton, Texas jAPty PR ED S TO LEGAL FORM: t Q. Barton, City Attorney of Denton, Texas